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Articles 61 - 90 of 155
Full-Text Articles in Law
Legal Indeterminacy Made In America: American Legal Methods And The Rule Of Law, James Maxeiner
Legal Indeterminacy Made In America: American Legal Methods And The Rule Of Law, James Maxeiner
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The thesis of this Article is that the indeterminacy that plagues American law is "Made in America." It is not inherent in law. Rather, it is a product of specific choices of legal methods and of legal structures made in the American legal system.
Adoption Consents: Legal Incentives For Best Practices, Elizabeth Samuels
Adoption Consents: Legal Incentives For Best Practices, Elizabeth Samuels
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When a state places its legal imprimatur on the unmaking of one family and the making of another, the state should insure to the greatest extent possible that all the individuals involved have followed or have been afforded the best practices that ethics and humanity demand. The Uniform Adoption Act sets out commonly accepted goals of state adoption laws, among them the goals of protecting minor children against unnecessary separation from their birth parents and of ensuring that a decision by a birth parent to relinquish a minor child and consent to the childs adoption is informed and voluntary. With …
Legal Representation Of Birth Parents And Adoptive Parents, Elizabeth Samuels
Legal Representation Of Birth Parents And Adoptive Parents, Elizabeth Samuels
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The Article examines the role that legal representation of birth and prospective parents may or may not play in independent domestic adoptions in furthering two primary goals that characterize ethically and humanely conducted adoptions, deliberate decision making and finality. Ideally, these two goals are complementary and can be balanced with one another. There is, however, a danger of the second goal eclipsing the first. Many state laws appear to value an increase in infant adoptions over the goal of encouraging careful deliberation. Most domestic infant adoptions involve powerful market forces as well as powerful emotional pressures, and they occur in …
Regulation Of Emission Of Greenhouse Gases And Hazardous Air Pollutants From Motor Vehicles, Steven A.G. Davison
Regulation Of Emission Of Greenhouse Gases And Hazardous Air Pollutants From Motor Vehicles, Steven A.G. Davison
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No abstract provided.
Of Secrets And Spies: Strengthening The Public's Right To Know About The Cia, Martin E. Halstuk, Eric Easton
Of Secrets And Spies: Strengthening The Public's Right To Know About The Cia, Martin E. Halstuk, Eric Easton
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The impetus behind the Intelligence Reform Act was to prevent another terrorist attack on American soil. The statute completely overhauled the United States intelligence apparatus, largely by amending the National Security Act of 1947, which created the CIA and established the Director of Central Intelligence (DCI) as its head. The purpose of this article is to demonstrate that by renovating the fifty-seven-year-old National Security Act to create a modern intelligence infrastructure, Congress has also paved the way for a new intelligence-information paradigm. For the last two decades, near-blanket CIA secrecy has gone largely unchecked, principally because of the Court's ruling …
Some Animals Are More Equal Than Others: The Rehnquist Court And "Majority Religion", Garrett Epps
Some Animals Are More Equal Than Others: The Rehnquist Court And "Majority Religion", Garrett Epps
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The Rehnquist court began a revolution in the law of church and state that the Roberts Court may continue. This article analyzes Justice Scalia's rhetoric in dissents in Lee v. Weisman and McCreary County v. American Civil Liberties Union to suggest that the aim of the revolution, having been first enunciated as "equality" for religions values and expression, has now shifted to transformation of the Establishment Clause dialogue to permit a favored place in public life for "majority religion."
Rettungsfolter (“Rescue Torture”): Report On The Gäfgen V. Germany Case Pending Before The European Court On Human Rights, James Maxeiner
Rettungsfolter (“Rescue Torture”): Report On The Gäfgen V. Germany Case Pending Before The European Court On Human Rights, James Maxeiner
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This comment reports on a case pending before the European Court of Human rights which raises the question whether torture can ever be supported to save human life.
Britain’S New Preimplantation Tissue Typing Policy: An Ethical Defence, Natalie Ram
Britain’S New Preimplantation Tissue Typing Policy: An Ethical Defence, Natalie Ram
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No abstract provided.
Advancing The Cra—Using The Cra's Strategic Plan Option To Promote Community Inclusion: The Cra And Community Inclusion, Cassandra Jones Havard
Advancing The Cra—Using The Cra's Strategic Plan Option To Promote Community Inclusion: The Cra And Community Inclusion, Cassandra Jones Havard
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Banks, banking regulators, and community organizations have spent nearly thirty years interpreting and re-interpreting the simple but ambiguous mandate of the Community Reinvestment Act (CRA). The statute imposes an affirmative duty requiring "regulated financial institutions to have continuing... obligations to help meet the credit needs of the local communities in which they are chartered." The CRA was met with much resistance and lax enforcement for almost a decade. Active protest from community groups, a more defined CRA exam, and innovative, profitable lending strategies, have resulted in a dramatic increase in community reinvestment dollar commitments and in loans to low- and …
That Pernicious Pop-Up, The Prima Facie Case, Michael Hayes
That Pernicious Pop-Up, The Prima Facie Case, Michael Hayes
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This article first explains the role the prima facie case has played in discrimination cases, from its creation in McDonnell Douglas through the Supreme Court's decisions in Aikens and Reeves, up to the application of Reeves by lower courts in the past several years. Next, this article focuses on Reeve's identification of "strength of the prima facie case" as a factor to be considered on summary judgment, and discusses why it would be unwise and unworkable to interpret the words "prima facie case" in that factor as having the same meaning as the "prima facie case" proved in the first …
Redevelopment And The Four Dimensions Of Class In Land Use, Audrey Mcfarlane
Redevelopment And The Four Dimensions Of Class In Land Use, Audrey Mcfarlane
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This essay begins with the proposition that the battle over the exercise of eminent domain as a question of the extent to which we accept local economic development as a proper exercise of local governmental authority. In light of the reality that economic development seeks to accomplish redevelopment to meet the social needs and consumption tastes of the affluent, the issue of local governments' autonomy to engage in redevelopment for economic development purposes is suffused with socioeconomic class struggles over land use. Therefore, the changes wrought by redevelopment challenge us to think and talk about class in ways for which …
Internet Cookies: When Is Permission Consent?, Max Oppenheimer
Internet Cookies: When Is Permission Consent?, Max Oppenheimer
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No abstract provided.
A Truancy Court Program To Keep Students In School, Barbara A. Babb
A Truancy Court Program To Keep Students In School, Barbara A. Babb
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Under Maryland law, "[e]ach person who has legal custody or care and control of a child who is 5 years old or older and under 16 shall see that the child attends school..." MD. Education Code Ann. Sect. 7-301 (c) 2006. The law also provides penalties for violations, as the legal custodian or caregiver "who fails to see that the child attends school...is guilty of a misdemeanor," which could result in fines of $50 to $100 per day of unlawful absence and/or imprisonment for 10 to 30 days, depending on whether the conviction is a first or subsequent conviction. MD. …
Lecture: Second Founding: The Story Of The Fourteenth Amendment, Garrett Epps
Lecture: Second Founding: The Story Of The Fourteenth Amendment, Garrett Epps
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The story of the Framing of the Fourteenth Amendment is a lost story of American history, covered over by Southern inspiring myth making and an unwillingness to grapple with the central role of slavery in American history. Americans can take new inspiration from that story and use it as an example of how our popular democracy can be perfected. Even today, nearly a century and a half after the Second Founders did their work, their words and example move before us as a people, a cloud by day, a pillar of fire by night.
Democratizing Credit: Examining The Structural Inequities Of Subprime Lending, Cassandra Jones Havard
Democratizing Credit: Examining The Structural Inequities Of Subprime Lending, Cassandra Jones Havard
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This Article critiques the current regime of mortgage lending, which favors economic subordination. Minorities and low-and moderate income persons, regardless of their creditworthiness, are receiving higher loan rates. This is due to three market phenomena- the dominance of sub-prime lenders in the market in which prime lenders are more restricted to lend, the segmentation of the market so that certain products are offered to certain consumers, and the liquidity of the secondary market, which encourages lenders to make loans that are easily sold, but which may be inappropriately and impermissibly priced. Only by incorporating some transparency into the process will …
The Size Of Cartel Overcharges: Implications For U.S. And Ec Fining Policies, John M. Connor, Robert H. Lande
The Size Of Cartel Overcharges: Implications For U.S. And Ec Fining Policies, John M. Connor, Robert H. Lande
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The purpose of this article is to examine whether the current cartel fine levels of the European Union (EU) and the United States are at the optimal levels. We collected and analyzed the available information concerning the size of the overcharges caused by hard-core pricing fixing, bid rigging, and market allocation agreements. Data sets of United States cartels were assembled and examined. These cartels overcharged an average of 18% to 37%, depending upon the data set and methodology employed in the analysis and whether mean or median figures are used. Separate data sets for European cartels also were analyzed, which …
Citizen Participation In Rulemaking: Past, Present, And Future, Cary Coglianese
Citizen Participation In Rulemaking: Past, Present, And Future, Cary Coglianese
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Administrative law scholars and governmental reformers argue that advances in information technology will greatly expand public participation in regulatory policy making. They claim that e-rulemaking, or the application of new technology to administrative rulemaking, promises to transform a previously insulated process into one in which ordinary citizens regularly provide input. With the federal government having implemented several e-rulemaking initiatives in recent years, we can now begin to assess whether such a transformation is in the works—or even on the horizon. This paper compares empirical observations on citizen participation in the past, before e-rulemaking, with more recent data on citizen participation …
Hobbes And The Internal Point Of View, Claire Oakes Finkelstein
Hobbes And The Internal Point Of View, Claire Oakes Finkelstein
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No abstract provided.
Scholarly And Scientific Boycotts Of Israel: Abusing The Academic Enterprise, Kenneth Lasson
Scholarly And Scientific Boycotts Of Israel: Abusing The Academic Enterprise, Kenneth Lasson
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Veritas vos liberabit, chanted the scholastics of yesteryear. The truth will set you free, echo their latter-day counterparts in the academy.
Universities like themselves to be perceived as places of culture in a chaotic world, protectors of reasoned discourse, peaceful havens for learned professors roaming orderly quadrangles and pondering higher thoughts-a community of scholars seeking knowledge in sylvan tranquility.
The real world of higher education, of course, is not quite so wonderful.
Instead of a feast for unfettered intellectual curiosity, much of the modern academy is dominated by curricular deconstructionists who disdain western civilization, people who call themselves multiculturalists but, …
Who Fits The Profile?: Thoughts On Race, Class, Clusters And Redevelopment, Audrey Mcfarlane
Who Fits The Profile?: Thoughts On Race, Class, Clusters And Redevelopment, Audrey Mcfarlane
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This essay shifts the discussion of gentrification and redevelopment to consider the mechanics of exclusion in the formulation and operation of today's commercial retail shopping venues typically included in today's urban redevelopment projects. In particular the essay discusses the exclusionary implications of geo-demographic cluster classification systems that use race and class to construct profiles of desirable customers for urban redevelopment schemes.
Asymmetric Parenthood, Katharine K. Baker
Asymmetric Parenthood, Katharine K. Baker
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This analysis of the American Law Institute's Principles of Family Law, Chapter 3, examines how the Principles perceive the origins and extent of parental obligation. What is that makes someone financially responsible for a child? Perhaps surprisingly, the Drafters of this key chapter of the Principles spend remarkably little time analyzing that question. Instead, to determine who has parental obligation, the Principles rely on extant legal paternity and parenthood doctrine that is itself completely muddled. To determine the extent of parental obligation, the Principles employ a binary biological ideal of parenthood that fails to reflect reality for close to half …
The "Modernisation" Of European Community Competition Law: Achieving Consistency In Enforcement-Part Ii (With P. Cassinis), David J. Gerber
The "Modernisation" Of European Community Competition Law: Achieving Consistency In Enforcement-Part Ii (With P. Cassinis), David J. Gerber
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No abstract provided.
The Limits Of The Olympian Court: Common Law Judging Versus Error Correction In The Supreme Court, Carolyn Shapiro
The Limits Of The Olympian Court: Common Law Judging Versus Error Correction In The Supreme Court, Carolyn Shapiro
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Throughout its history, the Supreme Court has struggled to control its caseload and to avoid becoming a court of error correction. Instead, it applies its resources to matters of particular national importance and to promoting uniformity in the law. This Article argues that the Court's approach to maintaining uniformity fails to provide adequate guidance to the lower courts. The Court focuses on resolving disagreements among the lower courts over what rules and standards to apply. But the Court largely ignores the question of whether those directives are applied in a consistent or predictable way. As a result, there are areas …
Dilution's (Still) Uncertain Future, Graeme Dinwoodie
Dilution's (Still) Uncertain Future, Graeme Dinwoodie
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No abstract provided.
Patenting Science: Protecting The Domain Of Accessible Knowledge (With R. Dreyfuss), Graeme Dinwoodie
Patenting Science: Protecting The Domain Of Accessible Knowledge (With R. Dreyfuss), Graeme Dinwoodie
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In this book chapter, we look at the effect of commodification on scientific and technological, as opposed to cultural, activity. After discussing the nature of the commodification debate and the constraints unique to scientific and technological production, we explore ways in which the domain of accessible knowledge could be reconstituted. In our discussion of these strategies, we draw on previous work in which we analyzed (1) various substantive methods for curbing perceived encroachments on the public domain to see how each would fare if challenged under the TRIPS Agreement, and (2) the relationship between the dynamics of domestic legislative procedures …
Ten Years Of Trademark Law: Lessons For The Future?, Graeme Dinwoodie
Ten Years Of Trademark Law: Lessons For The Future?, Graeme Dinwoodie
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No abstract provided.
Towards An International Framework For The Protection Of Traditional Knowledge, Graeme Dinwoodie
Towards An International Framework For The Protection Of Traditional Knowledge, Graeme Dinwoodie
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At a seminar organized by UNCTAD and the Government of India in 2002, participants considered how evolving national systems for the protection of traditional knowledge could be supported or augmented by international measures adopted at the regional or global level. The need for solutions on the international level has been discussed in a number of fora. Yet, the effective protection of the holders of traditional knowledge requires that these discussions move in some way toward implementation of working systems of protection. This short paper, commissioned by UNCTAD for a conference in February 2004, and to be republished in a book …
Meta-Blackmail And The Evidentiary Theory: Still Taking Motives Seriously, Mitchell N. Berman
Meta-Blackmail And The Evidentiary Theory: Still Taking Motives Seriously, Mitchell N. Berman
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For generations, criminal law theorists, moral and political philosophers, and economists have struggled to resolve one of the law's great puzzles: whether, why, and under what circumstances the law should criminalize the conditional threat to do what is lawful. This is the so-called paradox of blackmail. Although libertarians have insisted that blackmail should be lawful, most commentators agree that at least some forms of blackmail are properly criminalized, disagreeing over the proper rationale. In his provocative article, Meta-blackmail, Russell Christopher presents a wholly novel argument in support of the libertarian conclusion. Christopher's argument relies upon the imaginary device of a …
Murder After The Merger: A Commentary On Finkelstein, Kimberly Kessler Ferzan
Murder After The Merger: A Commentary On Finkelstein, Kimberly Kessler Ferzan
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Critics have long sought the abolition of the felony murder rule, arguing that it is a form of strict liability. Despite widespread criticism, the rule remains firmly entrenched in many states' criminal statutes. In "Merger and Felony Murder," Professor Claire Finkelstein reconciles herself to the current state of affairs, and seeks to make "an incremental improvement" to the doctrine. She offers a new test for felony murder's merger limitation, which she believes will make merger less "mysterious" and its application "substantially clearer." Briefly put, Finkelstein claims that to understand merger, we must recognize that it is an analytically necessary part …
The New Inner-City: Class Transformation, Concentrated Affluence And The Obligations Of The Police Power, Audrey Mcfarlane
The New Inner-City: Class Transformation, Concentrated Affluence And The Obligations Of The Police Power, Audrey Mcfarlane
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This article examines the role of local government in the process of urban spatial restructuring (gentrification). In light of the disparate needs and competing interests of different racial and socioeconomic groups seeking a place in the city, there are limits to local government's ability to facilitate redevelopment projects that deliberately aim to accomplish class transformation and exclusively reconfigure the inner city for the affluent. These limits exist by virtue of implied obligations of the police power.