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Articles 3631 - 3660 of 4756
Full-Text Articles in Law
Litigating Ethics Issues In Land Use: 2000 Trends And Decisions, Patricia E. Salkin
Litigating Ethics Issues In Land Use: 2000 Trends And Decisions, Patricia E. Salkin
Scholarly Works
No abstract provided.
Seqra’S Silver Anniversary: Reviewing The Past, Considering The Present, And Charting The Future, Patricia E. Salkin
Seqra’S Silver Anniversary: Reviewing The Past, Considering The Present, And Charting The Future, Patricia E. Salkin
Scholarly Works
No abstract provided.
The Latest Word From The Supreme Court On Punitive Damages (Symposium: The Thirteenth Annual Supreme Court Review), Leon D. Lazer
The Latest Word From The Supreme Court On Punitive Damages (Symposium: The Thirteenth Annual Supreme Court Review), Leon D. Lazer
Scholarly Works
No abstract provided.
Palazzolo V. Rhode Island: The Supreme Court's Expansion Of Subsequent Owners' Rights Under The Takings Clause (Symposium: The Thirteenth Annual Supreme Court Review), Leon D. Lazer
Scholarly Works
No abstract provided.
Linguistic Issues: Is Plain English The Answer To The Needs Of The Jurors?, Leon D. Lazer
Linguistic Issues: Is Plain English The Answer To The Needs Of The Jurors?, Leon D. Lazer
Scholarly Works
No abstract provided.
Consumer Discrimination: The Limitations Of Federal Civil Rights Protection, Deseriee A. Kennedy
Consumer Discrimination: The Limitations Of Federal Civil Rights Protection, Deseriee A. Kennedy
Scholarly Works
No abstract provided.
Vermont Civil Unions, Full Faith And Credit, And Marital Status, Lewis A. Silverman
Vermont Civil Unions, Full Faith And Credit, And Marital Status, Lewis A. Silverman
Scholarly Works
No abstract provided.
The 2000-2001 Supreme Court Term: Section 1983 Cases, Martin A. Schwartz
The 2000-2001 Supreme Court Term: Section 1983 Cases, Martin A. Schwartz
Scholarly Works
No abstract provided.
Cultural Relativism, Economic Development And International Human Rights In The Asian Context, Richard Klein
Cultural Relativism, Economic Development And International Human Rights In The Asian Context, Richard Klein
Scholarly Works
No abstract provided.
Thou Shalt Not Put A Stumbling Block Before The Blind": The Americans With Disabilities Act And Public Transit For The Disabled, Michael Lewyn
Thou Shalt Not Put A Stumbling Block Before The Blind": The Americans With Disabilities Act And Public Transit For The Disabled, Michael Lewyn
Scholarly Works
The Americans with Disabilities Act (ADA), ordered local governments to make bus and train systems more accessible to the disabled, and imposed costly requirements upon local public transit systems - but did not give local governments funds with which to satisfy this mandate. By reducing the funds available to transit systems, the ADA has sometimes forced cutbacks in transit service for everyone including, ironically, the disabled to the extent that disabled people were able to use public transit before the ADA's enactment). Thus, the ADA has occasionally (at least in times of budgetary austerity) been counterproductive. The ADA's inadequacy is …
The Cult Of Hostile Gender Climate: A Male Voice Preaches Diversity To The Choir, Dan Subotnik
The Cult Of Hostile Gender Climate: A Male Voice Preaches Diversity To The Choir, Dan Subotnik
Scholarly Works
No abstract provided.
Section 51 Actions Against Private Racial Profiling, Peter Zablotsky, Sa'id Vakili
Section 51 Actions Against Private Racial Profiling, Peter Zablotsky, Sa'id Vakili
Scholarly Works
No abstract provided.
Incorporating Bar Pass Strategies Into Routine Teaching Practices, Suzanne Darrow-Kleinhaus
Incorporating Bar Pass Strategies Into Routine Teaching Practices, Suzanne Darrow-Kleinhaus
Scholarly Works
No abstract provided.
Bah, Humbug To The Bleak Story Of Women Law Faculty: A Response To Professor Neumann, Dan Subotnik
Bah, Humbug To The Bleak Story Of Women Law Faculty: A Response To Professor Neumann, Dan Subotnik
Scholarly Works
No abstract provided.
Discrimination Cases In The 2000 Term, Eileen Kaufman
Discrimination Cases In The 2000 Term, Eileen Kaufman
Scholarly Works
No abstract provided.
The Privatization Of The Civil Commitment Process And The State Action Doctrine: Have The Mentally Ill Been Systematically Stripped Of Their Fourteenth Amendment Rights?, William Brooks
Scholarly Works
No abstract provided.
Deference And Disability Discrimination, Rebecca H. White
Deference And Disability Discrimination, Rebecca H. White
Scholarly Works
In 1999, the question of deference to the EEOC grabbed the spotlight. It surfaced in a case that arose under the Americans with Disabilities Act of 1990 (the "ADA"), a relatively new, and sweeping, anti-discrimination law that prohibits workplace discrimination against qualified individuals with a disability. A difficult substantive question was presented: Is the determination of whether one has a disability within the meaning of the ADA to be made with or without regard to mitigating measures? Instinctively, either a "yes" or a "no" answer seems problematic. On the one hand, defining disability without regard to the corrective effects of …
Rothman, Hein, And Aall: A Short History Of A Long-Standing Publishing Relationship, April Schwartz
Rothman, Hein, And Aall: A Short History Of A Long-Standing Publishing Relationship, April Schwartz
Scholarly Works
No abstract provided.
Georgia's Proposed Dynasty Trust: Giving The Dead Too Much Control?, Verner F. Chaffin
Georgia's Proposed Dynasty Trust: Giving The Dead Too Much Control?, Verner F. Chaffin
Scholarly Works
Georgia should resist the urge to join the parade of states that have overturned the Rule Against Perpetuities. We do not neet the dynasty trust in Georgia. The repeal of perpetuities laws ignores the reasons for the Rule Against Perpetuities and uncritically assumes that preserving family wealth in perpetuity is a desirable social goal. The Rule is still needed to prevent persons long removed from the current scene from tying up wealth without restriction and from unduly influencing the behavior of those living in the present. For background purposes, this Article reviews the legislative history of Georgia's Rule Against Perpetuities …
The Bankruptcy Trust As A Legal Person, Thomas E. Plank
The Bankruptcy Trust As A Legal Person, Thomas E. Plank
Scholarly Works
The purpose of this article is to show how the Bankruptcy Code authorizes the creation of the bankruptcy trust as a legal person. The filing of a petition under the Bankruptcy Code creates an "estate" consisting of enumerated property interests. The Code also provides for the appointment of a trustee-a separate bankruptcy trustee or, in chapter 11 or chapter 12 cases, the debtor in possession-with broad powers to act as the representative of the estate. The Code does not, however, expressly define the status of the estate as a legal entity. Although the Code occasionally speaks of the estate as …
The Personal Side Of A Deanship, David E. Shipley
The Personal Side Of A Deanship, David E. Shipley
Scholarly Works
So why have I been deaning for over 10 years? I do, in fact, enjoy most aspects of the job including the many challenges, the fact that there is nothing routine about the work, and the many public aspects of the position such as receptions, bar meetings, tailgate parties, law review banquets, and bar luncheons. I enjoy students. We would not have these wonderful jobs in law teaching without them. I like faculty and still think of myself as a law professor first. It is fun to do alumni relations and developmental work, and I would love to have more …
Spotting Money Launderers: A Better Way To Fight Organized Crime?, Diane Marie Amann
Spotting Money Launderers: A Better Way To Fight Organized Crime?, Diane Marie Amann
Scholarly Works
Money laundering investigations have been much in the news of late. There have been stories that Radil Salinas de Gortari laundered kickbacks from drug traffickers while his brother was President of Mexico. That Ferdinand Marcos stashed nearly half a billion dollars in Swiss banks while he ruled the Philippines. That two of Mexico's largest banks have pleaded guilty to laundering charges stemming from a controversial U.S. sting operation. That the former prime minister of Ukraine pleaded guilty to Swiss charges that he laundered $9 million in stolen funds, even as he faced U.S. charges of laundering $114 million. And, of …
Deconstructing The Debate Over State Taxation Of Electronic Commerce, Walter Hellerstein
Deconstructing The Debate Over State Taxation Of Electronic Commerce, Walter Hellerstein
Scholarly Works
Elsewhere on these pages, the distinguished economist Charles McLure begins his contribution to the debate over taxation of electronic commerce by observing that “America is focusing on the wrong issues in debating the taxation of electronic commerce ....” He proceeds to provide a fundamental critique of the states' existing sales tax regimes and he lays out a roadmap for radical reform of the system that would, in the course of curing the basic defects in the existing state sales tax structure, incidentally resolve many of the issues that currently dominate the debate over taxing electronic commerce. I do not disagree …
Harmonic Convergence? Constitutional Criminal Procedure In An International Context, Diane Marie Amann
Harmonic Convergence? Constitutional Criminal Procedure In An International Context, Diane Marie Amann
Scholarly Works
Throughout the world, a trend toward a shared - a constitutional - criminal procedure may be detected. It is evident in common-law, civil-law, and mixed systems: individual states like China adopt laws promising once-alien concepts like a presumption of innocence, even as supranational bodies like the International Tribunal for the former Yugoslavia debate how to adapt certain norms to a hybrid structure. Some have suggested that such developments may herald a harmonic convergence of criminal procedure rules. This Article examines the likelihood of such a convergence. It establishes as a keynote around which harmony may develop the model of constitutional …
"Available State Remedies" And The Fourteenth Amendment: Comments On Florida Prepaid V. College Savings Bank, Michael L. Wells
"Available State Remedies" And The Fourteenth Amendment: Comments On Florida Prepaid V. College Savings Bank, Michael L. Wells
Scholarly Works
In Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank, decided during the Supreme Court's October 1998 Term, the specific point at issue was the scope of Congress's authority under Section 5 of the Fourteenth Amendment to impose liability for damages on state governments. In the Patent Remedy Act, Congress had abrogated the states' sovereign immunity from claims of patent infringement. College Savings Bank argued for the validity of the statute on the grounds that patents are property; that patent infringements are deprivations of property; and that the statute simply and appropriately provides a remedy for deprivations of …
Tortious Interference With Business Relations: "The Other White Meat" Of Employment Law, Alex B. Long
Tortious Interference With Business Relations: "The Other White Meat" Of Employment Law, Alex B. Long
Scholarly Works
No abstract provided.
Surviving The Politics Of Judging - National Association Of Administrative Law Judges Luncheon Address - September 13, 1999, Penny White
Scholarly Works
No abstract provided.
The Evolving Police Power: Some Observations For A New Century, Glenn Harlan Reynolds
The Evolving Police Power: Some Observations For A New Century, Glenn Harlan Reynolds
Scholarly Works
A review of state and federal courts decisions on the scope of state police powers suggests that the shift from the more restrictive sic utere principle to the more open salus populi principle may be reversing, with courts -- at least in cases involving sex and marriage -- taking a much more skeptical view of government objectives and justifications.
Suing States For Money: Constitutional Remedies After Alden And Florida Prepaid, Michael Wells
Suing States For Money: Constitutional Remedies After Alden And Florida Prepaid, Michael Wells
Scholarly Works
On June 23, 1999, the Supreme Court handed down three noteworthy decisions bearing on the law of constitutional remedies. Alden v. Maine struck down an attempt by Congress, acting under its Article I powers, to subject states to suits in state court on federal statutory grounds. Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank curbed Congress' power under Section 5 of the Fourteenth Amendment to authorize suits against state governments on constitutional grounds, reasoning that a case cannot be made for the federal cause of action unless state law remedies are inadequate. A companion case, College Savings Bank …
Juristic Giants: A Georgia Study In Reputation, R. Perry Sentell Jr.
Juristic Giants: A Georgia Study In Reputation, R. Perry Sentell Jr.
Scholarly Works
In 1990, Judge Richard Posner published CARDOZO: A STUDY IN REPUTATION. A deceptively small volume (only 156 pages), the book purported to delineate and dissect the facets of circumstance, achievement, and character accounting for Benjamin Cardozo's reputation for "greatness." Treating such indicia (both tangible and intangible) as Cardozo's "person," "philosophy," "technique," and "contributions," Posner also sought a handle for "measuring the magnitude" of reputation itself. He hit, of course, upon the modern mechanical mainstay of computerization: a finger-tip presentation of the frequency with which Cardozo's name appears in other judicial opinions.