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Articles 1 - 18 of 18
Full-Text Articles in Law
Trivia Questions & Answers, Meg Butler
Trivia Questions & Answers, Meg Butler
Faculty Publications By Year
No abstract provided.
Building For Future Change, Kristina L. Niedringhaus
Building For Future Change, Kristina L. Niedringhaus
Faculty Publications By Year
No abstract provided.
Trivia Questions & Answers, Meg Butler
Trivia Questions & Answers, Meg Butler
Faculty Publications By Year
No abstract provided.
Signing Statements And The President's Authority To Refuse To Enforce The Law, Neil J. Kinkopf
Signing Statements And The President's Authority To Refuse To Enforce The Law, Neil J. Kinkopf
Faculty Publications By Year
No abstract provided.
Miranda And The Media: Tracing The Cultural Evolution Of A Constitutional Revolution, Russell D. Covey
Miranda And The Media: Tracing The Cultural Evolution Of A Constitutional Revolution, Russell D. Covey
Faculty Publications By Year
This article explores the depiction of interrogation in film and television from the 1940s to the present, and contrasts that imagery with the Supreme Court's interrogation jurisprudence over the same time frame. Although my treatment of the subject is necessarily only fragmentary (a comprehensive review of either topic would fill many volumes), this article hazards a few tentative hypotheses.
Escape From The Battle Of The Forms: Keep It Simple, Stupid, Corneill A. Stephens
Escape From The Battle Of The Forms: Keep It Simple, Stupid, Corneill A. Stephens
Faculty Publications By Year
This Article reviews the history of the "battle of the forms" issue arising when contracting parties submit conflicting terms to each other in attempting to form a contract and how courts have resolved issues arising from this, both under the original Uniform Commercial Code (UCC) Article 2 and the Revised Article 2. The author reviews the economic circumstances that gave rise to the current use of standard form contracts, such as lower transaction costs and the ability of a company to control the terms and the discretion of its personnel. He discusses how battle of the forms issues were resolved …
Developments In Payment Systems Law 2005-2006, Mark E. Budnitz
Developments In Payment Systems Law 2005-2006, Mark E. Budnitz
Faculty Publications By Year
No abstract provided.
The State Secrets Problem: Can Congress Fix It?, Neil J. Kinkopf
The State Secrets Problem: Can Congress Fix It?, Neil J. Kinkopf
Faculty Publications By Year
No abstract provided.
My Time On Rikers Island, Michael W. Tillman-Davis
My Time On Rikers Island, Michael W. Tillman-Davis
Faculty Publications By Year
No abstract provided.
Clergy Sexual Abuse Litigation: The Policymaking Role Of Tort Law, Timothy D. Lytton
Clergy Sexual Abuse Litigation: The Policymaking Role Of Tort Law, Timothy D. Lytton
Faculty Publications By Year
By all accounts, the prevalence of clergy sexual abuse and its cover-up by Church officials represents a massive institutional failure. Obscured by all of this attention to the Church's failure is the largely untold story of the tort system's remarkable success in bringing the scandal to light in the first place, focusing attention on the need for institutional reform, and spurring Church leaders and public officials into action. Tort litigation framed the problem of clergy sexual abuse as one of institutional failure, and it placed that problem on the policy agendas of the Catholic Church, law enforcement, and state governments. …
The Congress As Surge Protector, Neil J. Kinkopf
The Congress As Surge Protector, Neil J. Kinkopf
Faculty Publications By Year
No abstract provided.
The Foreign Source Doctrine: Explaining The Role Of Foreign And International Law In Interpreting The Constitution, Timothy K. Kuhner
The Foreign Source Doctrine: Explaining The Role Of Foreign And International Law In Interpreting The Constitution, Timothy K. Kuhner
Faculty Publications By Year
This article brings much-needed precision to the debate over the Supreme Court's use of foreign and international law to interpret the Constitution. The debate has been both imprecise, ignoring the subtleties of the phenomenon at issue, and prematurely abstract, jumping to theoretical and ideological levels without first looking to establish the specifics. By focusing on the particular areas of constitutional text subjected to foreign sources and the longstanding lines of caselaw upon which the use of foreign sources builds, this article reveals that a doctrine has crystallized around the use of foreign sources. The doctrine specifies the precise uses to …
The Separation Of Business And State, Timothy K. Kuhner
The Separation Of Business And State, Timothy K. Kuhner
Faculty Publications By Year
National scandals involving corporate fraud, political corruption, lobbyists, and campaign finance have called attention to worrisome dynamics: the decreasing power of natural persons relative to legal persons in the political process; and the erosion of civic or democratic values in favor of corporate values. Both dynamics relate to the vexing problem of money in politics. American political thought and constitutional structure offer much-needed guidance in the form of analogies and separationist logic.
This Essay recasts the phenomenon of money in politics as a separation problem that is, a problem of the private sphere of business overreaching into the public sphere …
Putting Separation Of Powers Into Practice: Reflections On Senator Schumer's Essay, Neil J. Kinkopf, Patricia Wald
Putting Separation Of Powers Into Practice: Reflections On Senator Schumer's Essay, Neil J. Kinkopf, Patricia Wald
Faculty Publications By Year
No abstract provided.
Rights Relationships And The Experience Of Children Orphaned By Aids, Jonathan Todres
Rights Relationships And The Experience Of Children Orphaned By Aids, Jonathan Todres
Faculty Publications By Year
The global AIDS pandemic has left more than fifteen million children orphaned. These children constitute one of the most vulnerable populations, yet their situation has received relatively little scrutiny from legal scholars. This Article intends to fill that void by explicating the experience of children orphaned by AIDS, situating it in the broader context of the HIV/AIDS pandemic, and evaluating protections available under international human rights law. Analyzing human rights law as applied to children orphaned by AIDS exposes the extent to which rights are interrelated, particularly for marginalized populations.
In current scholarship, the interrelationship among rights, for the most …
Alternative Dispute Resolution In Georgia, Douglas H. Yarn
Alternative Dispute Resolution In Georgia, Douglas H. Yarn
Faculty Publications By Year
No abstract provided.
Life As A Law School Chief Operating Officer: How Many Hats Do You Wear?, Bill Prigge
Life As A Law School Chief Operating Officer: How Many Hats Do You Wear?, Bill Prigge
Faculty Publications By Year
No abstract provided.
Actually, We Are Leaving Children Behind: How Changes To Title I Under The No Child Left Behind Act Have Helped Relieve Public Schools Of The Responsibility For Taking Care Of Disadvantaged Students' Needs, Emily F. Suski
Faculty Publications By Year
This article calls attention to the changes to Title I under NCLB that do a disservice to disadvantaged students. Under NCLB, Title I has shifted from its original focus on meeting the needs of disadvantaged students. These changes have removed almost any responsibility at all for taking care of the needs of disadvantaged students so they can learn in school, something this article terms ‘dynamic caretaking.’ It calls for revising Title I to require this kinds of dynamic caretaking in order to improve disadvantaged students’ access to education in public schools.