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Articles 1 - 30 of 51
Full-Text Articles in Law
Notes On A Bicentennial Constitution, Part I: Processes Of Change, William W. Van Alstyne
Notes On A Bicentennial Constitution, Part I: Processes Of Change, William W. Van Alstyne
Faculty Publications
With the approach of the Bill of Rights bicentennial, this paper takes the cause for celebration as an equally important occasion for critique. This work argues that the most distinguishing aspects of our Constitution are not the Bill of Rights, federalism, and separation of powers, but rather the availability of judicial review, the political insulation of federal judges, and the limited mechanisms available for constitutional change.
Uranium Mining And Milling In Virginia: An Analysis Of Regulatory Choice, Ronald H. Rosenberg
Uranium Mining And Milling In Virginia: An Analysis Of Regulatory Choice, Ronald H. Rosenberg
Faculty Publications
No abstract provided.
New Federalism In Education: The Meaning Of The Chicago School Desegregation, Neal Devins, James B. Stedman
New Federalism In Education: The Meaning Of The Chicago School Desegregation, Neal Devins, James B. Stedman
Faculty Publications
No abstract provided.
Six Copyright Theories For The Protection Of Computer Object Programs, I. Trotter Hardy
Six Copyright Theories For The Protection Of Computer Object Programs, I. Trotter Hardy
Faculty Publications
No abstract provided.
The Parameters Of Constitutional Reconstruction: Slaughter-House, Cruikshank, And The Fourteenth Amendment, Robert C. Palmer
The Parameters Of Constitutional Reconstruction: Slaughter-House, Cruikshank, And The Fourteenth Amendment, Robert C. Palmer
Faculty Publications
No abstract provided.
Administrative Law, Paul A. Lebel
Administrative Law, Paul A. Lebel
Faculty Publications
This survey of Eleventh Circuit administrative law decisions covers the law applicable to the administrative agencies, rather than the law applied by those agencies. The substantive law administered by the agencies is beyond the scope of this survey. The surveyed cases may be broken down into two major categories: decisions relating to administrative decisionmaking and decisions concerning judicial review of administrative actions.
Mediation Paradigms And Professional Identities: Can Mediators Activate A New Movement For Justice?, John M. Lande
Mediation Paradigms And Professional Identities: Can Mediators Activate A New Movement For Justice?, John M. Lande
Faculty Publications
This article, written early in the modern ADR era, provided a framework for developing the mediation field. It begins by elaborating William Simon’s critique of the “ideology of advocacy.” Simon argues that the adversary system is supposed to foster values of individuality, autonomy, responsibility, and dignity, but it often undermines those values in practice. This article catalogs a “parade of horribles” experienced by disputants, attorneys, judges, and the public. These include unequal access to justice, procedural rules that frustrate substantive justice, a narrow set of available remedies, a game psychology undermines respect for law and justice, parties’ alienating experience in …
Women Lawyers: Perspectives On Success, Dorothy Glancy
Women Lawyers: Perspectives On Success, Dorothy Glancy
Faculty Publications
No abstract provided.
Ucc And Me In Process, Ingrid Michelsen Hillinger
Ucc And Me In Process, Ingrid Michelsen Hillinger
Faculty Publications
No abstract provided.
Confining Judicial Authority Over Administrative Action, Charles H. Koch Jr.
Confining Judicial Authority Over Administrative Action, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
Bob Jones University V. U.S.: A Political Analysis, Neal Devins
Bob Jones University V. U.S.: A Political Analysis, Neal Devins
Faculty Publications
No abstract provided.
Referendum Zoning: Legal Doctrine And Practice, Ronald H. Rosenberg
Referendum Zoning: Legal Doctrine And Practice, Ronald H. Rosenberg
Faculty Publications
No abstract provided.
Establishment Clause Limits On Governmental Interference With Religious Organizations, Carl H. Esbeck
Establishment Clause Limits On Governmental Interference With Religious Organizations, Carl H. Esbeck
Faculty Publications
In this article it will be argued that the establishment clause, properly viewed, functions as a structural provision regimenting the nature and degree of involvement between government and religious associations." The degree of involvement should be a limited one, although it is clear that the interrelationship need not nor cannot be eliminated altogether. Although the degree of desired separation has proven to be a continuing controversy, the goal of separation is not so divisive. The aim of separation of church and government is for each to give the other sufficient breathing space. The ordering principle is reciprocity in which "both …
The 1982 Amendments To The Voting Rights Act: A Statutory Analysis Of The Revised Bailout Provisions, Richard A. Williamson
The 1982 Amendments To The Voting Rights Act: A Statutory Analysis Of The Revised Bailout Provisions, Richard A. Williamson
Faculty Publications
No abstract provided.
Basing-Point Pricing Establishes Illegal Vertical Agreements, Elmer J. Schaefer
Basing-Point Pricing Establishes Illegal Vertical Agreements, Elmer J. Schaefer
Faculty Publications
No abstract provided.
Who Is Injured When Racially Discriminatory Private Schools Are Tax-Exempt?, Neal Devins
Who Is Injured When Racially Discriminatory Private Schools Are Tax-Exempt?, Neal Devins
Faculty Publications
No abstract provided.
Standing And Adverseness In Challenges Of Tax Exemptions For Discriminatory Public Schools, Thomas Mccoy, Neal Devins
Standing And Adverseness In Challenges Of Tax Exemptions For Discriminatory Public Schools, Thomas Mccoy, Neal Devins
Faculty Publications
No abstract provided.
Diminished Luster In Escambia County?, Neal Devins
Diminished Luster In Escambia County?, Neal Devins
Faculty Publications
No abstract provided.
Simulation Of Legal Analysis And Instruction On The Computer, Thomas Lee Hazen, Margaret M. Hazen
Simulation Of Legal Analysis And Instruction On The Computer, Thomas Lee Hazen, Margaret M. Hazen
Faculty Publications
No abstract provided.
Preface By The Dean, Dale A. Whitman
Preface By The Dean, Dale A. Whitman
Faculty Publications
It will no surprise to readers of this Journal that in recent years there has been an enormous increase of interest by lawyers in non-litigous methods of resolving disputes. We have seen a vast proliferation of newsletters, magazines, bar association committees, and other organs.
Saturday Afternoon Fever, Michael Peter Waxman
Saturday Afternoon Fever, Michael Peter Waxman
Faculty Publications
No abstract provided.
Rethinking Standing, Gene R. Nichol Jr.
The Right To Communicate, Howard C. Anawalt
The Right To Communicate, Howard C. Anawalt
Faculty Publications
No abstract provided.
The Good Faith Exception To The Exclusionary Rule: A Panel Discussion, Gerald F. Uelmen
The Good Faith Exception To The Exclusionary Rule: A Panel Discussion, Gerald F. Uelmen
Faculty Publications
No abstract provided.
A Jurisprudential Perspective For The True Codification Of Payments Law, Peter A. Alces
A Jurisprudential Perspective For The True Codification Of Payments Law, Peter A. Alces
Faculty Publications
No abstract provided.
A New Look At An Old Association: Will Today's Women Be Tomorrow's Jaycees?, Neal Devins
A New Look At An Old Association: Will Today's Women Be Tomorrow's Jaycees?, Neal Devins
Faculty Publications
No abstract provided.
Direct Television Broadcasting And The Quest For Communication Equality, Howard C. Anawalt
Direct Television Broadcasting And The Quest For Communication Equality, Howard C. Anawalt
Faculty Publications
No abstract provided.
Labor Law, Mack Player
The Evidentiary Nature Of Defendant's Burden In Title Vii Disparate Treatment Cases, Mack Player
The Evidentiary Nature Of Defendant's Burden In Title Vii Disparate Treatment Cases, Mack Player
Faculty Publications
No abstract provided.
The Joint Enterprise: Collaboration Between The Public And Private Sectors, Howard C. Anawalt, Karen Robbins
The Joint Enterprise: Collaboration Between The Public And Private Sectors, Howard C. Anawalt, Karen Robbins
Faculty Publications
No abstract provided.