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Articles 7681 - 7710 of 8707
Full-Text Articles in Law
Enlightened Social Insurance In A World Made Safer, Stephanie M. Wildman
Enlightened Social Insurance In A World Made Safer, Stephanie M. Wildman
Faculty Publications
No abstract provided.
Exorcising The Bugaboo Of "Comparable Worth": Disparate Treatment Analysis Of Compensation Differences Under Title Vii, Mack Player
Faculty Publications
No abstract provided.
Congress Shall Make No Law: Oliver Wendell Holmes, The First Amendment, And Judicial Decision Making, Patrick Garry
Congress Shall Make No Law: Oliver Wendell Holmes, The First Amendment, And Judicial Decision Making, Patrick Garry
Faculty Publications
No abstract provided.
Welcome To The Constantly Evolving Field Of Administrative Law, Paul R. Verkuil
Welcome To The Constantly Evolving Field Of Administrative Law, Paul R. Verkuil
Faculty Publications
No abstract provided.
The Reservation As Place: A South Dakota Essay, Frank Pommersheim
The Reservation As Place: A South Dakota Essay, Frank Pommersheim
Faculty Publications
No abstract provided.
Bankruptcy And Environmental Obligations: The Clash Between Private Relief And Public Policy, Jonathan Van Patten, Richard D. Puetz
Bankruptcy And Environmental Obligations: The Clash Between Private Relief And Public Policy, Jonathan Van Patten, Richard D. Puetz
Faculty Publications
No abstract provided.
Editor's Comments, Charles H. Koch Jr.
First Freedom: Religion And The Bill Of Rights, Carl H. Esbeck
First Freedom: Religion And The Bill Of Rights, Carl H. Esbeck
Faculty Publications
This volume is a collection of seven papers delivered at a symposium assembled in April 1989 upon the occasion, almost two hundred years hence, of the passage of the Bill of Rights by the First Congress. The unifying theme is stated to be the historical context of both Religion Clauses in the First Amendment, but the authors are driven primarily by Establishment Clause concerns. The Thrust of the essays deal with the originalism advanced during the years of Reagan Administration, and nonpreferentialism comes in for particular criticism, both pejoratively characterized as that "growing clamor".
Statutory Prohibitions On The Negotiation Of Insurance Agent Commissions: Substantive Due Process Review Under State Constitutions, Robert H. Jerry Ii, Reginald L. Robinson
Statutory Prohibitions On The Negotiation Of Insurance Agent Commissions: Substantive Due Process Review Under State Constitutions, Robert H. Jerry Ii, Reginald L. Robinson
Faculty Publications
In Part I, this Article examines and categorizes the state statutes that prohibit an insurance agent from returning a portion of his commission for the sale of the policy to the consumer. Part II discusses substantive due process' in the state courts. After briefly summarizing the rise and fall of federal substantive due process, this part explores the use of state constitutions as independent constitutional authority in the area of economic regulation. This part concludes that two distinct models of substantive due process analysis exist in the state courts. Part III comments on two recent cases where the validity of …
On Redrawing Circuit Boundaries — Why The Proposal To Divide The United States Court Of Appeals For The Ninth Circuit Is Not Such A Good Idea, Thomas E. Baker
On Redrawing Circuit Boundaries — Why The Proposal To Divide The United States Court Of Appeals For The Ninth Circuit Is Not Such A Good Idea, Thomas E. Baker
Faculty Publications
The current U.S. Court of Appeals for the 9th Circuit covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam and the Northern Mariana Islands. Nearly 46 million people live within its boundaries. As a result, the 9th Circuit has the largest caseload and takes the most time of any federal circuit court to dispose of cases. Despite all of this, Professor Baker lays out his argument for why dividing the 9th Circuit is wrong-headed. He starts by giving a detailed history of U.S. circuit courts, including the recent experience of splitting the 5th Circuit. He then takes on …
Metro Broadcasting, Inc. V. Fcc: Requiem For A Heavyweight, Neal Devins
Metro Broadcasting, Inc. V. Fcc: Requiem For A Heavyweight, Neal Devins
Faculty Publications
No abstract provided.
The Legal Skills Program At The College Of William And Mary: An Early Report, James E. Moliterno
The Legal Skills Program At The College Of William And Mary: An Early Report, James E. Moliterno
Faculty Publications
No abstract provided.
Rethinking First Amendment Assumptions About Racist And Sexist Speech, Rodney A. Smolla
Rethinking First Amendment Assumptions About Racist And Sexist Speech, Rodney A. Smolla
Faculty Publications
No abstract provided.
Exxon Collides With The "Valdez Principles", Jayne W. Barnard
Exxon Collides With The "Valdez Principles", Jayne W. Barnard
Faculty Publications
No abstract provided.
Teaching Legal Ethics In A Program Of Comprehensive Skills Development, James E. Moliterno
Teaching Legal Ethics In A Program Of Comprehensive Skills Development, James E. Moliterno
Faculty Publications
No abstract provided.
Fraud Bases Of Bulk Transferee Liability, Peter A. Alces
Fraud Bases Of Bulk Transferee Liability, Peter A. Alces
Faculty Publications
No abstract provided.
Giving Voice To Shareholder Choice, Jayne W. Barnard
Giving Voice To Shareholder Choice, Jayne W. Barnard
Faculty Publications
No abstract provided.
The Fourth Bite At The Apple: A Study Of The Operation And Utility Of The Social Security Administration's Appeals Council, Charles H. Koch Jr., David A. Koplow
The Fourth Bite At The Apple: A Study Of The Operation And Utility Of The Social Security Administration's Appeals Council, Charles H. Koch Jr., David A. Koplow
Faculty Publications
The Social Security Administration's Appeals Council performs the fourth and final administrative evaluation of appealed disability claims. Very little information about the Appeals Council has been available to claimants and their representatives, even though claimants must request Appeals Council review before filing an appeal in federal court. In response to criticism and controversy surrounding this obscure branch of the Social Security Administration, the Administrative Conference of the United States (ACUS) asked Professors Koch and Koplow to study the Appeals Council's effectiveness in disability claims and adjudication. In this Article, the authors examine Appeals Council operations and the Council's relationship to …
The Exclusion Of Evidence In The United States, Paul Marcus
The Exclusion Of Evidence In The United States, Paul Marcus
Faculty Publications
No abstract provided.
The Necessary Interrelationship Between Land Use And Preservation Of Groundwater Resources, Linda A. Malone
The Necessary Interrelationship Between Land Use And Preservation Of Groundwater Resources, Linda A. Malone
Faculty Publications
No abstract provided.
The Due Process Defense In Entrapment Cases, The Journey Back, Paul Marcus
The Due Process Defense In Entrapment Cases, The Journey Back, Paul Marcus
Faculty Publications
No abstract provided.
Legitimizing Realities: State-Based Bar Admission, National Standards, And Multistate Practice, Michael K. Mcchrystal
Legitimizing Realities: State-Based Bar Admission, National Standards, And Multistate Practice, Michael K. Mcchrystal
Faculty Publications
No abstract provided.
Punitive Damages: State Extraction Practice Is Subject To Eighth Amendment Limitations, James D. Ghiardi
Punitive Damages: State Extraction Practice Is Subject To Eighth Amendment Limitations, James D. Ghiardi
Faculty Publications
No abstract provided.
Inadvertent Waiver Of The Attorney-Client Privilege By Disclosure Of Documents: An Economic Analysis, Alan J. Meese
Inadvertent Waiver Of The Attorney-Client Privilege By Disclosure Of Documents: An Economic Analysis, Alan J. Meese
Faculty Publications
No abstract provided.
Toward A Unified Theory Of The Jurisdiction Of The United States Courts Of Appeals, Thomas E. Baker
Toward A Unified Theory Of The Jurisdiction Of The United States Courts Of Appeals, Thomas E. Baker
Faculty Publications
No abstract provided.
Exchange On The Eleventh Amendment, Calvin R. Massey, William P. Marshall, Lawrence C. Marshall, William A. Fletcher
Exchange On The Eleventh Amendment, Calvin R. Massey, William P. Marshall, Lawrence C. Marshall, William A. Fletcher
Faculty Publications
No abstract provided.
The Eleventh Amendment, Process Federalism And The Clear Statement Rule, William P. Marshall
The Eleventh Amendment, Process Federalism And The Clear Statement Rule, William P. Marshall
Faculty Publications
No abstract provided.
The Establishment Clause As A Structural Restraint On Governmental Power, Carl H. Esbeck
The Establishment Clause As A Structural Restraint On Governmental Power, Carl H. Esbeck
Faculty Publications
This Article inquires into whether the singular purpose of the Establishment Clause is to secure individual rights, as is conventionally believed, or whether its role is more properly understood as a structural restraint on governmental power. If the Clause is indeed structural in nature, then its task is to negate from the purview of civil governance all matters “respecting an establishment of religion.” Conceptualizing the role of the Establishment Clause as either rights-securing or structural has profound consequences for the nation's constitutional settlement concerning the interrelationship of government and religion.
Toward An Expanded View Of The Due Process Claim In Entrapment Cases, Paul Marcus
Toward An Expanded View Of The Due Process Claim In Entrapment Cases, Paul Marcus
Faculty Publications
No abstract provided.
The Art Of Regulation Drafting: Structured Discretionary Justice Under Section 355, John W. Lee
The Art Of Regulation Drafting: Structured Discretionary Justice Under Section 355, John W. Lee
Faculty Publications
This article analyzes the 35-year evolution of the section 355 regulations from the perspectives of the jurisprudential dichotomy between general principles and detailed rules and administrative law theory as to agency discretion.