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Articles 1 - 11 of 11

Full-Text Articles in Law

It's A Wonderful Life, Or Is It - America Without Judicial Independence, Penny White Oct 1996

It's A Wonderful Life, Or Is It - America Without Judicial Independence, Penny White

Scholarly Works

No abstract provided.


The Constitutional Limits Of Bankruptcy, Thomas E. Plank Apr 1996

The Constitutional Limits Of Bankruptcy, Thomas E. Plank

Scholarly Works

No abstract provided.


Yesterday's Vision, Tomorrow's Challenge: Case Management And Alternative Dispute Resolution In Tennessee, Penny White Apr 1996

Yesterday's Vision, Tomorrow's Challenge: Case Management And Alternative Dispute Resolution In Tennessee, Penny White

Scholarly Works

No abstract provided.


At War: Narrative Tactics In The Citadel And Vmi Litigation, Valorie K. Vojdik Apr 1996

At War: Narrative Tactics In The Citadel And Vmi Litigation, Valorie K. Vojdik

Scholarly Works

No abstract provided.


Virtual Realities And Virtual Welters: A Note On The Commerce Clause Implications Of Regulating Cyberporn, Glenn Harlan Reynolds Apr 1996

Virtual Realities And Virtual Welters: A Note On The Commerce Clause Implications Of Regulating Cyberporn, Glenn Harlan Reynolds

Scholarly Works

This Essay draws an analogy between interstate catalog taxation cases such as Quill and National Bellas Hess, and the impact of disparate state obscenity laws on Internet porn. It suggests that the burden of complaying with disparate state obscenity standards could be, like the burden on catalog sellers of complying with disparate sales taxes and classifications, a burden on interstate commerce sufficient to trigger dormant commerce clause scrutiny. It also suggests that First Amendment doctrine should take account of similar concerns and chilling effects.


State V. Tilson, Penny White Feb 1996

State V. Tilson, Penny White

Scholarly Works

No abstract provided.


The Internet For Legal Information: The U.S. Experience, Scott Childs Jan 1996

The Internet For Legal Information: The U.S. Experience, Scott Childs

Scholarly Works

No abstract provided.


Judicial Courage And Judicial Independence, Penny White Jan 1996

Judicial Courage And Judicial Independence, Penny White

Scholarly Works

No abstract provided.


The Essential Elements Of Judicial Independence And The Experience Of Pre-Soviet Russia, Thomas E. Plank Jan 1996

The Essential Elements Of Judicial Independence And The Experience Of Pre-Soviet Russia, Thomas E. Plank

Scholarly Works

No abstract provided.


It Takes A Militia: A Communitarian Case For Compulsory Arms Bearing, Glenn Harlan Reynolds Jan 1996

It Takes A Militia: A Communitarian Case For Compulsory Arms Bearing, Glenn Harlan Reynolds

Scholarly Works

In this Essay, the authors demonstrate that Communitarians and militias actually have more in common than it might at first appear. Summarizing the Communitarian agenda, the authors note that Communitarians speak a language that would be readily understood by the Framers, who saw militias as an important vehicle through which civic virtue could be transmitted.


The Second Amendment And States' Rights: A Thought Experiment, Glenn Harlan Reynolds Jan 1996

The Second Amendment And States' Rights: A Thought Experiment, Glenn Harlan Reynolds

Scholarly Works

Proponents of the so-called "collective right" model of the Second Amendment often assert that the right to bear arms exists only on the part of state militias, and not as any sort of individual right. Without addressing the merits of that claim, this Article examines the consequences of taking such a view seriously as a matter of constitutional law, and suggests that those consequences might be quite drastic.