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Articles 1 - 30 of 79
Full-Text Articles in Law
Pioneers In The Legal Profession: Some Of The First African-American And Women Lawyers In Tennessee, Dwight Aarons
Pioneers In The Legal Profession: Some Of The First African-American And Women Lawyers In Tennessee, Dwight Aarons
Scholarly Works
No abstract provided.
The Legitimacy Of International Governance: A Coming Challenge For International Environmental Law?, Daniel M. Bodansky
The Legitimacy Of International Governance: A Coming Challenge For International Environmental Law?, Daniel M. Bodansky
Scholarly Works
This article is about a problem only just becoming visible: the legitimacy of international environmental law, and more specifically, the perception that the international environmental process is insufficiently democratic. Until now, international lawyers have tended to focus on what environmental standards are needed and how those standards can be made effective. But as decision-making authority gravitates from the national to the international level, the question of legitimacy will likely emerge from the shadows and become a central issue in international environmental law. This article seeks to clarify the nature of the legitimacy challenge and to survey possible sources of legitimacy …
Judicial Independence: Second Steps, Penny White
Judicial Independence: Second Steps, Penny White
Scholarly Works
No abstract provided.
Are Separate Liability Losses Separate For Consolidated Groups?, Don Leatherman
Are Separate Liability Losses Separate For Consolidated Groups?, Don Leatherman
Scholarly Works
No abstract provided.
Can Lightning Strike Twice - Obligations Of State Courts After Pulley V. Harris, Penny White
Can Lightning Strike Twice - Obligations Of State Courts After Pulley V. Harris, Penny White
Scholarly Works
No abstract provided.
Tax Lawyers, Ethical Obligations, And The Duty To The System, Watson
Tax Lawyers, Ethical Obligations, And The Duty To The System, Watson
Scholarly Works
Perhaps the most elusive area of law is that of legal ethics. While the term itself is easy to define,' the subject all but defies codification because ethics, or morals (the terms are interchangeable), cannot be encapsulated by or in law. This is because law, in general, contains its own standard of validity on which there is usually clear societal consensus. For example, murder, rape, and theft are morally repugnant universally. Hence, punishment for any of these offenses does not impinge upon religious or individual autonomy because there is no ethical freedom to choose whether or not to engage in …
There's Nothing Special About Sex: The Supreme Court Mainstreams Sexual Harassment, Rebecca White
There's Nothing Special About Sex: The Supreme Court Mainstreams Sexual Harassment, Rebecca White
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In this Essay, Professor White argues that the Supreme Court finally has merged analysis of sexual harassment law with other claims of intentional discrimination. Professor White contends that the Court's decision in Meritor Savings Bank, FSB v. Vinson created confusion over the proper analysis of sexual harassment claims by seemingly embracing quid pro quo and hostile work environment theories as distinct forms of discrimination and by suggesting that at least some sexual harassment claims may warrant a revised approach to employer liability. In the wake of Meritor, sexual harassment claims increasingly were evaluated differently from other claims of disparate treatment, …
Why Constitutional Torts Deserve A Book Of Their Own, Michael Wells, Thomas A. Eaton, Sheldon H. Nahmod
Why Constitutional Torts Deserve A Book Of Their Own, Michael Wells, Thomas A. Eaton, Sheldon H. Nahmod
Scholarly Works
Over thirty years ago, Marshall Shapo coined the term "constitutional tort" to denote a suit brought against an official, charging a constitutional violation and seeking damages. In the years since Shapo's pathbreaking article, the number of such suits has grown exponentially. The suits have generated a host of new substantive and remedial issues, yet conventional casebooks on constitutional law and federal courts give little attention to the area. That Professor Shapiro had four books to include in his review of "Civil Rights" casebooks in the Seattle University Law Review is some indication of a demand for teaching materials currently unmet …
Something Seems Fishy - The Application Of The Fourth Amendment To Coast Guard Searches Of Vessels: United States V. Boynes Note, Lucille Jewel
Something Seems Fishy - The Application Of The Fourth Amendment To Coast Guard Searches Of Vessels: United States V. Boynes Note, Lucille Jewel
Scholarly Works
No abstract provided.
"Thank God For The Lawyers": Some Thoughts On The (Mis)Regulation Of Scientific Misconduct, Glenn Harlan Reynolds
"Thank God For The Lawyers": Some Thoughts On The (Mis)Regulation Of Scientific Misconduct, Glenn Harlan Reynolds
Scholarly Works
This essay, adapted from Peter W. Morgan & Glenn H. Reynolds, "The Appearance of Impropriety: How the Ethics Wars Have Undermined American Government, Business and Society," looks at some celebrated scientific misconduct cases from the 1990s, and discusses how legal norms, scientific norms, and bureaucratic norms often clash, and sometimes produce significant injustice.
Section 1983 Litigation – Supreme Court Developments, Martin A. Schwartz
Section 1983 Litigation – Supreme Court Developments, Martin A. Schwartz
Scholarly Works
No abstract provided.
The Constitutionalization Of Ineffective Assistance Of Counsel, Richard Klein
The Constitutionalization Of Ineffective Assistance Of Counsel, Richard Klein
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No abstract provided.
Radicalism, Racism, And Affirmative Action: In Defense Of A Historical Approach, Deseriee Kennedy
Radicalism, Racism, And Affirmative Action: In Defense Of A Historical Approach, Deseriee Kennedy
Scholarly Works
No abstract provided.
Southworth V. Grebe: The Conservative Utilization Of "Negative" First Amendment Rights To Attack Diversity Of Thought At Public Universities, Meredith R. Miller
Southworth V. Grebe: The Conservative Utilization Of "Negative" First Amendment Rights To Attack Diversity Of Thought At Public Universities, Meredith R. Miller
Scholarly Works
No abstract provided.
Deconstructing The Rejection Letter: A Look At Elitism In Article Selection, Dan Subotnik, Glen Lazar
Deconstructing The Rejection Letter: A Look At Elitism In Article Selection, Dan Subotnik, Glen Lazar
Scholarly Works
No abstract provided.
The Imposition Of The Death Penalty In The United States Of America: Does It Comply With International Norms?, Beverly Mcqueary Smith
The Imposition Of The Death Penalty In The United States Of America: Does It Comply With International Norms?, Beverly Mcqueary Smith
Scholarly Works
No abstract provided.
The Business Records Exception To The Hearsay Rule - New Is Not Necessarily Better, Sidney Kwestel
The Business Records Exception To The Hearsay Rule - New Is Not Necessarily Better, Sidney Kwestel
Scholarly Works
No abstract provided.
Seeking A Common Language For The Application Of Rule 11 Sanctions: What Is "Frivolous"?, Samuel J. Levine
Seeking A Common Language For The Application Of Rule 11 Sanctions: What Is "Frivolous"?, Samuel J. Levine
Scholarly Works
In this article, Levine analyzes some of the complex issues involved in attempting to apply the ambiguous concept of frivolousness in the context of Rule 11 sanctions. He documents the inconsistency in judicial interpretation and application of Rule 11 frivolousness. Relying in part on the observations and concerns expressed by scholars, practitioners, and judges themselves who have lamented the lack of uniformity and the troubling results that have followed, Levine examines closely some of the problems inherent in the current standards. After demonstrating the wide range of approaches put forth by both judges and scholars to the interpretation of Rule …
Teaching Jewish Law In American Law Schools: An Emerging Development In Law And Religion, Samuel J. Levine
Teaching Jewish Law In American Law Schools: An Emerging Development In Law And Religion, Samuel J. Levine
Scholarly Works
In recent years, religion has gained an increasing prominence in both the legal profession and the academy. Through the emergence of the "religious lawyering movement," lawyers and legal scholars have demonstrated the potential relevance of religion to many aspects of lawyering. Likewise, legal scholars have incorporated religious thought into their work through books, law journals and classroom teaching relating to various areas of law and religion. In this Essay, Levine discusses one particular aspect of these efforts, namely, the place of Jewish law in the American law school curriculum. Specifically, he outlines briefly three possible models for a course in …
An Introduction To Legislation In Jewish Law, With References To The American Legal System, Samuel J. Levine
An Introduction To Legislation In Jewish Law, With References To The American Legal System, Samuel J. Levine
Scholarly Works
Levine examines the roles of legislative and judicial bodies, in the context of a discussion of broader principles of legislation in the Jewish legal system. In recent years, American legal scholars have increasingly looked to Jewish law as a model of an alternative legal system that considers many of the issues present in the American legal system. In relation to the roles of legislative and judicial bodies, the Jewish legal system provides a particularly illuminating contrast to the American legal system, in part because in Jewish law, the same authority, the Sanhedrin, or High Court, serves in both a legislative …
Supreme Court Section 1983 Developments: October 1998 Term, Martin A. Schwartz
Supreme Court Section 1983 Developments: October 1998 Term, Martin A. Schwartz
Scholarly Works
No abstract provided.
Etchings On Glass: Reflections On The Science Of Proof, Louise Harmon
Etchings On Glass: Reflections On The Science Of Proof, Louise Harmon
Scholarly Works
No abstract provided.
Is It Worth The Trouble? The New Policy On Dissemination Of Information On Off-Label Use Under The Food And Drug Administration Modernization Act Of 1997, Elizabeth Weeks Leonard
Is It Worth The Trouble? The New Policy On Dissemination Of Information On Off-Label Use Under The Food And Drug Administration Modernization Act Of 1997, Elizabeth Weeks Leonard
Scholarly Works
On January 14, 1998 the Food and Drug Administration (FDA) approved the use of a product previously marketed as Excedrin Extra Strength® for use in treating migraine headaches. As part of the approval for the new use of the product, FDA required the pharmaceutical manufacturer of Excedrin®, Bristol-Myers Squibb, to relabel and repackage the product. The new product is called “Excedrin Migraine®” and is sold side-by-side with Excedrin Extra Strength®. Both over-the-counter (OTC) products contain the same active ingredients: 250 milligrams of acetaminophen, 250 milligrams of aspirin, and sixty-five milligrams of caffeine. Many …
Proceedings Of The 1999 Annual Meeting, Association Of American Law Schools Section On Employment Discrimination Law: Is There A Disconnect Between Eeo Law And The Workplace?, Douglas D. Scherer, James C. Sharf, Richard T. Seymour, Maria O'Brien Hylton, Paulette Caldwell
Proceedings Of The 1999 Annual Meeting, Association Of American Law Schools Section On Employment Discrimination Law: Is There A Disconnect Between Eeo Law And The Workplace?, Douglas D. Scherer, James C. Sharf, Richard T. Seymour, Maria O'Brien Hylton, Paulette Caldwell
Scholarly Works
No abstract provided.
The Day The Dogs Died: A Mad Essay On The Perils Of Alien Scholarship, Or An Alien Essay On The Perils Of Mad Scholarship, Louise Harmon
The Day The Dogs Died: A Mad Essay On The Perils Of Alien Scholarship, Or An Alien Essay On The Perils Of Mad Scholarship, Louise Harmon
Scholarly Works
No abstract provided.
Discrimination Cases In The Supreme Court's 1997 Term (The Supreme Court And State And Local Government Law: The 1997-1998 Term), Eileen Kaufman
Discrimination Cases In The Supreme Court's 1997 Term (The Supreme Court And State And Local Government Law: The 1997-1998 Term), Eileen Kaufman
Scholarly Works
No abstract provided.
Iola And Daubert (Symposium: The Supreme Court And Local Government Law: The 1997-98 Term), Leon D. Lazer
Iola And Daubert (Symposium: The Supreme Court And Local Government Law: The 1997-98 Term), Leon D. Lazer
Scholarly Works
No abstract provided.
Love, Hate, And Other Emotional Interference In The Lawyer/Client Relationship, Marjorie A. Silver
Love, Hate, And Other Emotional Interference In The Lawyer/Client Relationship, Marjorie A. Silver
Scholarly Works
No abstract provided.
From A Whimper To A Bang: The Trend Toward Finding Occurrence Based Statutes Of Limitations Governing Negligent Misdiagnosis Of Diseases With Long Latency Periods Unconstitutional, Peter Zablotsky
Scholarly Works
No abstract provided.
Witnessing The Process: Reflections On Civil Procedure, Power, Pedagogy, And Praxis, Deseriee A. Kennedy
Witnessing The Process: Reflections On Civil Procedure, Power, Pedagogy, And Praxis, Deseriee A. Kennedy
Scholarly Works
No abstract provided.