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Articles 7351 - 7380 of 8716
Full-Text Articles in Law
Tao Of Jurisprudence: Chaos, Brain Science, Synchronicity, And The Law, Thomas Geu
Tao Of Jurisprudence: Chaos, Brain Science, Synchronicity, And The Law, Thomas Geu
Faculty Publications
No abstract provided.
A Symposium On Tribal Courts: Introduction, Frank Pommersheim
A Symposium On Tribal Courts: Introduction, Frank Pommersheim
Faculty Publications
No abstract provided.
Polygraph Evidence: Part I, Paul C. Giannelli
Polygraph Evidence: Part I, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Interstellar Relations Of The Federation: International Law And Star Trek: The Next Generation, Michael P. Scharf, Lawrence D. Roberts
The Interstellar Relations Of The Federation: International Law And Star Trek: The Next Generation, Michael P. Scharf, Lawrence D. Roberts
Faculty Publications
A recent University of Toledo Law Review article concerning the legal issues
dealt with in the television series Star Trek: The Next Generation (STNG)
became an overnight national sensation. Given that, during its seven seasons of
first-run episodes; STNG had been the most popular syndicated series on
American television, it is perhaps not surprising that the article should engender
so much public attention. The article, written by law professors Paul Joseph and Sharon Carton of Nova Southeastern University Law School, was not intended as however. Rather, it was a serious examination of the way STNG United Federation of Planets dealt …
United States Supreme Court: 1993-94 Term, Paul C. Giannelli
United States Supreme Court: 1993-94 Term, Paul C. Giannelli
Faculty Publications
No abstract provided.
The National Probate Court Standards: The Role Of The Courts In Guardianship And Conservatorship Proceedings, Paula Hannaford-Agor, Thomas L. Hafemeister
The National Probate Court Standards: The Role Of The Courts In Guardianship And Conservatorship Proceedings, Paula Hannaford-Agor, Thomas L. Hafemeister
Faculty Publications
In this article, Ms. Hannaford and Professor Hafemeister confront the issue of who will ensure that the needs of the growing elderly population are met. The authors provide a history and overview of guardianship proceedings and also provide, for the first time, a quantitative description of guardianship usage in the United States. The authors assert that guardianships and conservatorships remain effective ways to protect the rights of the incompetent elderly person. Although these remedies create a legal right in the guardian to manage the financial and medical welfare of the elderly client, the authors argue that a lack of procedural …
An Assessment Of Past Extramural Reforms Of The U.S. Courts Of Appeals, Thomas E. Baker
An Assessment Of Past Extramural Reforms Of The U.S. Courts Of Appeals, Thomas E. Baker
Faculty Publications
Professor Baker posits several radical changes to the structure of the federal appellate courts to ease the growing caseload. First, he suggests restricting the jurisdiction of the federal district courts. Second, Professor discusses the merits of using alternative dispute resolution. Next, he discusses the merits and pitfalls of expanding, dividing and even establishing a specialized appellate judiciary. Finally, he discusses improving federal legislation to ease the load on the federal appellate courts.
Toil Of The Firestarters, Peter A. Alces
Parents' Religion And Children's Welfare: Debunking The Doctrine Of Parents' Rights, James G. Dwyer
Parents' Religion And Children's Welfare: Debunking The Doctrine Of Parents' Rights, James G. Dwyer
Faculty Publications
The scope, weight, and assignment of parental rights have been the focus of much debate among legal commentators. These commentators generally have assumed that parents should have some rights in connection with the raising of their children. Rarely have commentators offered justifications for attributing rights to persons as parents, and when they have done so they have failed to subject those justifications to close scrutiny. This Article takes the novel approach of challenging parental rights in their entirety. The author explores the fundamental questions of what it means to say that individuals have rights as parents, and whether it is …
The Second Amendment And The Personal Right To Arms, William W. Van Alstyne
The Second Amendment And The Personal Right To Arms, William W. Van Alstyne
Faculty Publications
For many years, the Second Amendment was politely ignored, or summarily dismissed, by America's legal academy. In recent years, however, more and more law professors have begun taking the Second Amendment seriously. Professor William Van Alstyne, one of the nation's most respected Constitutional law professors, and the author of a leading Constitutional law casebook; offers his contribution in this essay. Van Alstyne suggests that the Second Amendment means exactly what it says: that individual citizens have a right, not merely a privilege, to own and carry firearms. He also commends the National Rifle Association for its constructive role as a …
A Tale Of Two Textualists: A Critical Comparison Of Justices Black And Scalia, Michael J. Gerhardt
A Tale Of Two Textualists: A Critical Comparison Of Justices Black And Scalia, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Max And Ralph: Unruly Children Of Limited-Form Requirements Contracts, David E. Boelzner
Max And Ralph: Unruly Children Of Limited-Form Requirements Contracts, David E. Boelzner
Faculty Publications
No abstract provided.
Understanding Kaye Scholer: The Autonomous Citizen, The Managed Subject And The Role Of The Lawyer, Nancy Amoury Combs
Understanding Kaye Scholer: The Autonomous Citizen, The Managed Subject And The Role Of The Lawyer, Nancy Amoury Combs
Faculty Publications
The Office of Thrift Supervision's (OTS) unprecedented enforcement action against Kaye, Scholer, Fierman, Hays and Handler (Kaye Scholer) prompted howls of protest from the legal community. OTS, it was claimed, was using its excessive power to redefine the role of the lawyer. This Comment confirms that OTS sought to impose duties on Kaye Scholer that conflict with professional ethics rules. The Comment then goes on to suggest that the conflict over professional responsibility in the Kaye Scholer case reflects, more fundamentally, a conflict over the role of the citizen, and the citizen's relationship with the state. Our adversarial system of …
Tempest In An Envelope: Reflections On The Bush White House's Failed Takeover Of The U.S. Postal Service, Neal Devins
Tempest In An Envelope: Reflections On The Bush White House's Failed Takeover Of The U.S. Postal Service, Neal Devins
Faculty Publications
No abstract provided.
Ideology As Interpretation: A Reply To Professor Greene's Theory Of The Religion Clauses, Scott C. Idleman
Ideology As Interpretation: A Reply To Professor Greene's Theory Of The Religion Clauses, Scott C. Idleman
Faculty Publications
No abstract provided.
Rediscovering Nonjusticiability: Judicial Review Of Impeachments After Nixon, Michael J. Gerhardt
Rediscovering Nonjusticiability: Judicial Review Of Impeachments After Nixon, Michael J. Gerhardt
Faculty Publications
No abstract provided.
From Crippled To Disabled: The Legal Empowerment Of Americans With Disabilities, Michael Ashley Stein
From Crippled To Disabled: The Legal Empowerment Of Americans With Disabilities, Michael Ashley Stein
Faculty Publications
No abstract provided.
An Experiment With Electronic Mail And Constitutional Theory, I. Trotter Hardy
An Experiment With Electronic Mail And Constitutional Theory, I. Trotter Hardy
Faculty Publications
No abstract provided.
Discussion In The Security Council On Environmental Intervention In The Ukraine, Linda A. Malone
Discussion In The Security Council On Environmental Intervention In The Ukraine, Linda A. Malone
Faculty Publications
No abstract provided.
The Rhetoric Of Moderation: Desegregating The South During The Decade After Brown, Davison M. Douglas
The Rhetoric Of Moderation: Desegregating The South During The Decade After Brown, Davison M. Douglas
Faculty Publications
No abstract provided.
The Inverted Pyramid Of Wire Transfer Law, Raj Bhala
The Inverted Pyramid Of Wire Transfer Law, Raj Bhala
Faculty Publications
No abstract provided.
Civil Rights Act Of 1991, Neal Devins
Continuing Resolutions, Neal Devins
Philadelphia Plan, Neal Devins
Unitariness And Independence: Solicitor General Control Over Independent Agency Litigation, Neal Devins
Unitariness And Independence: Solicitor General Control Over Independent Agency Litigation, Neal Devins
Faculty Publications
With a few exceptions, the Solicitor General controls all aspects of independent agency litigation before the Supreme Court. Solicitor General control of Supreme Court litigation creates a tension between independent agency freedom and the Solicitor General's authority. On the one hand, Solicitor General control provides the United States with a unitary voice before the Supreme Court, and provides the Court with a trustworthy litigator to explicate the government's position. On the other hand, such control may undermine the autonomy of independent agency decision making. In this Article, the author argues for a hybrid model of independent agency litigation in the …
Avoiding Takings “Accidents”: A Torts Perspective On Takings Law, Eric Kades
Avoiding Takings “Accidents”: A Torts Perspective On Takings Law, Eric Kades
Faculty Publications
Viewing the Takings Clause of the Fifth Amendment as a form of insurance appeals to our intuition. The government, like fire, does not often "take" property, but when faced with extraordinary risk property owners naturally desire compensation. Recent scholarship, however, has dissolved the attractiveness of this perspective. This literature, through economic analysis, claims that the Takings Clause should be repealed and replaced with private takings insurance. This is the "no-compensation" result. This article argues that the insurance-based understanding of the just compensation requirement can be preserved without reaching the surprising no-compensation result. The intuitive appeal of understanding the Takings Clause …
Through The Looking Glass: What Abortion Teaches Us About American Politics, Neal Devins
Through The Looking Glass: What Abortion Teaches Us About American Politics, Neal Devins
Faculty Publications
No abstract provided.
Funeral Oration In Honor Of United States V. Burton, Fredric I. Lederer
Funeral Oration In Honor Of United States V. Burton, Fredric I. Lederer
Faculty Publications
No abstract provided.
Appropriation Riders, Neal Devins
Affirmative Action, Neal Devins