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Full-Text Articles in Law
Chapters Of The Civil Jury, Doug Rendleman
Chapters Of The Civil Jury, Doug Rendleman
Scholarly Articles
The civil jury, though constitutionally protected by the seventh amendment, has remained a controversial institution throughout much of Anglo-American legal history. Our romantic ideals are questioned by critics who view the civil jury as prejudiced and unpredictable; proponents note the sense of fairness and "earthy wisdom" gained by community participation in the legal process. This debate surfaces in the process of accommodation between certain substantive goals of the law and the pre-verdict and post-verdict procedural devices courts have employed to control the jury. In this article, Professor Rendleman examines this conflict in his three "chapters" involving racially motivated discharges of …
Civilizing Pornography: The Case For An Exclusive Obscenity Nuisance Statute, Doug Rendleman
Civilizing Pornography: The Case For An Exclusive Obscenity Nuisance Statute, Doug Rendleman
Scholarly Articles
Criminal penalties are increasingly perceived to be too severe for regulating obscenity. Professor Rendleman shares this perception and suggests that we replace criminal obscenity laws with an exclusive civil sanction utilizing injunctions. He proposes a comprehensive nuisance statute and discusses the various issues that arise in the equitable regulation of pornography.
A Note To Decameron 6.7: The Wit Of Madonna Filippa, Kenneth Pennington
A Note To Decameron 6.7: The Wit Of Madonna Filippa, Kenneth Pennington
Scholarly Articles
No abstract provided.
Guide To The New D.C. Marriage And Divorce Law, Harvey L. Zuckman
Guide To The New D.C. Marriage And Divorce Law, Harvey L. Zuckman
Scholarly Articles
No abstract provided.
Child, Parent, State And The Due Process Clause: An Essay On The Supreme Court’S Recent Work, John H. Garvey
Child, Parent, State And The Due Process Clause: An Essay On The Supreme Court’S Recent Work, John H. Garvey
Scholarly Articles
This Article will suggest that the right of autonomy, which limits state control over children, should be considered to reside not in the child alone, but in the family, just as the right against state interference with the family structure resides in the family. The shift in focus from children's rights to family rights implicitly accounts for the mental, physical, and emotional differences between children and adults. Moreover, protecting a family's right of autonomy insures that decisions on behalf of the child will be made by those presumptively best able to make such decisions, the parents.
Punctuation And The Interpretation Of Statutes, Raymond B. Marcin
Punctuation And The Interpretation Of Statutes, Raymond B. Marcin
Scholarly Articles
On the morning of August 3, 1916, at Pentonville Prison in England, Roger David Casement, former Knight of the Realm, was hanged. Sir Roger's last thoughts on that ultimate morning may well have centered on the incredible series of misadventures and blunders that led to his arrest some four months earlier, but his lawyer's thoughts almost certainly centered on punctuation. It was indeed an improbable set of mishaps that led to Sir Roger's arrest, but it was punctuation that eventually and inexorably did him in.
Antitrust Law – Standing To Sue – Prices – Consumers Are Precluded From Showing “Injury” Within The Meaning Of Section 4 Of The Clayton Act By Establishing That They Paid Higher Prices For Goods Because Of Illegal Price-Fixing Of A Manufacturer With Whom They Did Not Deal Directly – Illinois Brick Co. V. Illinois, 431 U.S. 720 (1977), Catherine F. Klein
Scholarly Articles
No abstract provided.
Throw ‘Em To The Lions (Or Bengals): The Decline And Fall Of Sports Civilization, Harvey L. Zuckman
Throw ‘Em To The Lions (Or Bengals): The Decline And Fall Of Sports Civilization, Harvey L. Zuckman
Scholarly Articles
There is an all too pervasive view abroad in the land that team sports are sacrosanct and are not and should not be subject to the normal processes of the civil law. The basic argument is that only the internal administrators have the expertise to determine the acceptability or reasonableness of particular contact between players and the scope of the players' consent to contact and the risks that they assume. A more emotional argument but one that must not be underestimated is that team sports are so much a part of American life that they should enjoy a special status …
Cum Causam Que: A Decretal Of Innocent Iii, Kenneth Pennington
Cum Causam Que: A Decretal Of Innocent Iii, Kenneth Pennington
Scholarly Articles
No abstract provided.
The Concept Of Free Seas: Shaping Modern Maritime Policy Within A Vector Of Historical Influence, George P. Smith Ii
The Concept Of Free Seas: Shaping Modern Maritime Policy Within A Vector Of Historical Influence, George P. Smith Ii
Scholarly Articles
No abstract provided.
A Model Act For The Certification Of Paralegals And The Accreditation Of Paralegal Training Programs, Raymond B. Marcin
A Model Act For The Certification Of Paralegals And The Accreditation Of Paralegal Training Programs, Raymond B. Marcin
Scholarly Articles
Over the past decade or so, lawyers have become accustomed to socio-legal "explosions": the explosion into the law scene of legal services corporations; the explosion in malpractice insurance rates as the result of the explosion in medical malpractice suits and favorable jury verdicts; the explosion in no-fault law, both in negligence and family disputes; and the legal profession's own population explosion.
Therefore, it should come as no great shock that over the past decade there has been one additional socio-legal explosion: the explosion in the use of paralegals by lawyers, law firms, corporations, and government agencies of all descriptions. Although …