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Articles 1 - 12 of 12
Full-Text Articles in Law
Equal Justice Under The Law: Why Iolta Programs Do Not Violate The First Amendment, Hillary A. Webber
Equal Justice Under The Law: Why Iolta Programs Do Not Violate The First Amendment, Hillary A. Webber
American University Law Review
No abstract provided.
Which Stream To Follow: Why The Eleventh Circuit Should Adopt A Broader Stream Of Commerce Theory In Light Of Growing E-Commerce Markets, Christopher Porterfield
Which Stream To Follow: Why The Eleventh Circuit Should Adopt A Broader Stream Of Commerce Theory In Light Of Growing E-Commerce Markets, Christopher Porterfield
Georgia State University Law Review
No abstract provided.
Criminal Law, Marla Graff Decker, Stephen R. Mccullough
Criminal Law, Marla Graff Decker, Stephen R. Mccullough
University of Richmond Law Review
No abstract provided.
Defending The Indefensible To Further A Later Case: Sanctioning Respondents In Illinois Domestic Violence Cases, David H. Taylor
Defending The Indefensible To Further A Later Case: Sanctioning Respondents In Illinois Domestic Violence Cases, David H. Taylor
Northern Illinois University Law Review
When an act of domestic violence occurs in Illinois, as in most other jurisdictions, both criminal charges and a civil Domestic Violence Order of Protection may follow. The order of protection may be commenced in conjunction with a criminal charge or may be commenced as an independent action. Because of the exigencies of the domestic violence situation, the legislature has enacted a statutory scheme that expedites the civil proceeding, so that the civil order of protection proceeding takes place in a period of twenty-one days from initial filing to final hearing. In other contexts, an act of intentional injury could …
Fishing For Clarity In A Post-Hubbell World: The Need For A Bright-Line Rule In The Self-Incrimination Clause's Act Of Production Doctrine, Thomas Kiefer Wedeles
Fishing For Clarity In A Post-Hubbell World: The Need For A Bright-Line Rule In The Self-Incrimination Clause's Act Of Production Doctrine, Thomas Kiefer Wedeles
Vanderbilt Law Review
Americans have always taken particular pride in the right to be free from government intrusion into their homes and, metaphysically speaking, their minds. The authors of the Bill of Rights carved out this protective zone in the Fourth and Fifth Amendments to the United States Constitution.' While modern Fourth Amendment protection has most often been interpreted as a privacy-based protection, the Fifth Amendment's Self-Incrimination Clause protects against government compulsion to implicate oneself in the commission of a crime. The development of the Fifth Amendment privilege reflects many of this nation's "fundamental values and most noble aspirations." These values and aspirations …
Cleansing Moments And Retrospective Justice, Margaret M. Russell
Cleansing Moments And Retrospective Justice, Margaret M. Russell
Michigan Law Review
We live in an era of questioning and requestioning long-held assumptions about the role of race in law, both in criminal prosecutions specifically and in the legal process generally. Certainly, the foundational framework is not new; for decades, both legal literature and jurisprudence have explored in great detail the realities of racism in the legal system. Even among those who might prefer to ignore the role of race discrimination in more than two centuries of American law, denial is no longer a viable or intellectually defensible option. Rather, debate now centers upon whether or not the extensive history of American …
Dusenbery V. United States: Setting The Standard For Adequate Notice, W. Alexander Burnett
Dusenbery V. United States: Setting The Standard For Adequate Notice, W. Alexander Burnett
University of Richmond Law Review
No abstract provided.
In Re V.L.K. V. Troxel: Is The Best Interest Standard In A Motion To Modify The Sole Managing Conservator Subject To A Due Process Or Course Challenge., David F. Johnson
In Re V.L.K. V. Troxel: Is The Best Interest Standard In A Motion To Modify The Sole Managing Conservator Subject To A Due Process Or Course Challenge., David F. Johnson
St. Mary's Law Journal
Texas Family Code section 156.101 is unconstitutional. In In re V.L.K, the Texas Supreme Court held that the Texas Legislature removed the injurious retention element from section 156.101 and no longer required a finding that the natural parent be injurious to the welfare of the child. The Texas Supreme Court’s ruling is contradictory to the United States Supreme Court’s ruling in Troxel v. Granville. In Troxel, the Supreme Court struck down a state statute that effectively permitted any third party to file a motion to challenge custody. Under Texas law, any affected party, not limited to parties named in the …
Iolta In The Balance: The Battle Of Legality And Morality Between Robin Hood And The Miser Recent Development., Katherine L. Smith
Iolta In The Balance: The Battle Of Legality And Morality Between Robin Hood And The Miser Recent Development., Katherine L. Smith
St. Mary's Law Journal
Interest on Lawyers Trust Account (IOLTA) programs recently survived a constitutional challenge. IOLTA programs require interest earned from trust accounts deposited with client money to fund legal services for the poor. Many states, including Texas, maintain a mandatory IOLTA program, requiring all lawyers who handle client funds to participate. Proponents of IOLTA argue it benefits civil justice. Opponents argue it is an unconstitutional taking in violation of the Fifth Amendment. The Fifth Circuit held IOLTA accounts to be an unconstitutional taking of client property. The Ninth Circuit, however, found IOLTA accounts constitutional, holding that IOLTA accounts are not a taking …
Fee At Last? Work Release Participation Fees And The Takings Clause, Sara Feldschreiber
Fee At Last? Work Release Participation Fees And The Takings Clause, Sara Feldschreiber
Fordham Law Review
No abstract provided.
Public Relations, Howard J. Rubenstein, Jill Fisch, John Elsen, Stanley S. Arkin, Randall Smith, Carl Felsenfeld
Public Relations, Howard J. Rubenstein, Jill Fisch, John Elsen, Stanley S. Arkin, Randall Smith, Carl Felsenfeld
Fordham Journal of Corporate & Financial Law
No abstract provided.
You Have A Right To Remain Silent, Michael Avery
You Have A Right To Remain Silent, Michael Avery
Fordham Urban Law Journal
The Supreme Court will decide in the October 2002 term whether there is a cause of action under 42 U.S.C. Section 1983 based on a coercive police interrogation of a suspect in custody who has not been given Miranda warnings. The Supreme Court cannot decide that there is no cause of action under section 1983 for damages caused by coercive interrogation practices without turning its back on a large body of its own jurisprudence and on the deeply rooted cultural and political expectations of American citizens who trust that they have a meaningfu lconstitutionally protected right to remain silent when …