Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (11)
- Other Law (11)
- Insurance Law (8)
- Litigation (8)
- Civil Rights and Discrimination (6)
-
- Criminal Law (6)
- Labor and Employment Law (6)
- Legal Ethics and Professional Responsibility (6)
- Courts (5)
- International Law (5)
- Judges (5)
- Legal Education (5)
- Torts (5)
- Family Law (4)
- Health Law and Policy (4)
- Land Use Law (4)
- Law and Society (4)
- Legal History (4)
- Administrative Law (3)
- Civil Procedure (3)
- Criminal Procedure (3)
- Dispute Resolution and Arbitration (3)
- Evidence (3)
- Human Rights Law (3)
- Jurisprudence (3)
- Legislation (3)
- Bankruptcy Law (2)
- Comparative and Foreign Law (2)
- Environmental Law (2)
- Institution
- Keyword
-
- Law (11)
- Ethics (5)
- Due process (4)
- Litigation (4)
- Martin A. Schwartz (4)
-
- Martin Schwartz (4)
- Municipality (4)
- Schwartz (4)
- Zoning (4)
- Affirmative action (3)
- Coverage (3)
- Government and politics (3)
- Insurance coverage (3)
- Insured (3)
- Insurer (3)
- Land use (3)
- Land use planning (3)
- Legal ethics (3)
- Levine (3)
- Liability (3)
- Local government (3)
- Local officials (3)
- Municipal officials (3)
- Municipal personnel (3)
- Municipalities (3)
- Patricia Salkin (3)
- Planning (3)
- Planning authority (3)
- Planning boards (3)
- Professional responsibility (3)
Articles 1 - 30 of 79
Full-Text Articles in Law
Pioneers In The Legal Profession: Some Of The First African-American And Women Lawyers In Tennessee, Dwight Aarons
Pioneers In The Legal Profession: Some Of The First African-American And Women Lawyers In Tennessee, Dwight Aarons
Scholarly Works
No abstract provided.
Can Lightning Strike Twice - Obligations Of State Courts After Pulley V. Harris, Penny White
Can Lightning Strike Twice - Obligations Of State Courts After Pulley V. Harris, Penny White
Scholarly Works
No abstract provided.
Judicial Independence: Second Steps, Penny White
Judicial Independence: Second Steps, Penny White
Scholarly Works
No abstract provided.
Are Separate Liability Losses Separate For Consolidated Groups?, Don Leatherman
Are Separate Liability Losses Separate For Consolidated Groups?, Don Leatherman
Scholarly Works
No abstract provided.
The Legitimacy Of International Governance: A Coming Challenge For International Environmental Law?, Daniel M. Bodansky
The Legitimacy Of International Governance: A Coming Challenge For International Environmental Law?, Daniel M. Bodansky
Scholarly Works
This article is about a problem only just becoming visible: the legitimacy of international environmental law, and more specifically, the perception that the international environmental process is insufficiently democratic. Until now, international lawyers have tended to focus on what environmental standards are needed and how those standards can be made effective. But as decision-making authority gravitates from the national to the international level, the question of legitimacy will likely emerge from the shadows and become a central issue in international environmental law. This article seeks to clarify the nature of the legitimacy challenge and to survey possible sources of legitimacy …
Tax Lawyers, Ethical Obligations, And The Duty To The System, Watson
Tax Lawyers, Ethical Obligations, And The Duty To The System, Watson
Scholarly Works
Perhaps the most elusive area of law is that of legal ethics. While the term itself is easy to define,' the subject all but defies codification because ethics, or morals (the terms are interchangeable), cannot be encapsulated by or in law. This is because law, in general, contains its own standard of validity on which there is usually clear societal consensus. For example, murder, rape, and theft are morally repugnant universally. Hence, punishment for any of these offenses does not impinge upon religious or individual autonomy because there is no ethical freedom to choose whether or not to engage in …
"Thank God For The Lawyers": Some Thoughts On The (Mis)Regulation Of Scientific Misconduct, Glenn Harlan Reynolds
"Thank God For The Lawyers": Some Thoughts On The (Mis)Regulation Of Scientific Misconduct, Glenn Harlan Reynolds
Scholarly Works
This essay, adapted from Peter W. Morgan & Glenn H. Reynolds, "The Appearance of Impropriety: How the Ethics Wars Have Undermined American Government, Business and Society," looks at some celebrated scientific misconduct cases from the 1990s, and discusses how legal norms, scientific norms, and bureaucratic norms often clash, and sometimes produce significant injustice.
Something Seems Fishy - The Application Of The Fourth Amendment To Coast Guard Searches Of Vessels: United States V. Boynes Note, Lucille A. Jewel
Something Seems Fishy - The Application Of The Fourth Amendment To Coast Guard Searches Of Vessels: United States V. Boynes Note, Lucille A. Jewel
Scholarly Works
No abstract provided.
There's Nothing Special About Sex: The Supreme Court Mainstreams Sexual Harassment, Rebecca White
There's Nothing Special About Sex: The Supreme Court Mainstreams Sexual Harassment, Rebecca White
Scholarly Works
In this Essay, Professor White argues that the Supreme Court finally has merged analysis of sexual harassment law with other claims of intentional discrimination. Professor White contends that the Court's decision in Meritor Savings Bank, FSB v. Vinson created confusion over the proper analysis of sexual harassment claims by seemingly embracing quid pro quo and hostile work environment theories as distinct forms of discrimination and by suggesting that at least some sexual harassment claims may warrant a revised approach to employer liability. In the wake of Meritor, sexual harassment claims increasingly were evaluated differently from other claims of disparate treatment, …
Why Constitutional Torts Deserve A Book Of Their Own, Michael Wells, Thomas A. Eaton, Sheldon H. Nahmod
Why Constitutional Torts Deserve A Book Of Their Own, Michael Wells, Thomas A. Eaton, Sheldon H. Nahmod
Scholarly Works
Over thirty years ago, Marshall Shapo coined the term "constitutional tort" to denote a suit brought against an official, charging a constitutional violation and seeking damages. In the years since Shapo's pathbreaking article, the number of such suits has grown exponentially. The suits have generated a host of new substantive and remedial issues, yet conventional casebooks on constitutional law and federal courts give little attention to the area. That Professor Shapiro had four books to include in his review of "Civil Rights" casebooks in the Seattle University Law Review is some indication of a demand for teaching materials currently unmet …
Supreme Court Section 1983 Developments, Martin A. Schwartz
Supreme Court Section 1983 Developments, Martin A. Schwartz
Scholarly Works
No abstract provided.
Section 1983 Litigation – Supreme Court Developments, Martin A. Schwartz
Section 1983 Litigation – Supreme Court Developments, Martin A. Schwartz
Scholarly Works
No abstract provided.
Living "Top-Down" In A "Bottom-Up" World: Musings On The Relationship Between Jewish Ethics And Legal Ethics, Nancy B. Rapoport
Living "Top-Down" In A "Bottom-Up" World: Musings On The Relationship Between Jewish Ethics And Legal Ethics, Nancy B. Rapoport
Scholarly Works
This article discusses the differences between how Jewish ethics are disseminated and how legal ethics are created, and it walks the reader through some classic examples of the conflicts between the two.
Book Review, David S. Tanenhaus
Book Review, David S. Tanenhaus
Scholarly Works
After missing an opportunity as a graduate student in the early 1970s to meet the aged Miriam Van Waters, whose distinguished career as a penal reformer spanned from the First World War to the launching of Sputnik, historian Estelle Freedman now attempts to capture her through biography. Freedman’s effort is a valiant one because Van Waters, a student of psychology, struggled with her own identity and sexuality, and repeatedly pushed away anyone who tried to get too close. One can only imagine how the intensely private Van Waters would have reacted to learning that her most personal conflicts would become …
The Politics Of Land Use Reform In New York: Challenges And Opportunities, Patricia E. Salkin
The Politics Of Land Use Reform In New York: Challenges And Opportunities, Patricia E. Salkin
Scholarly Works
No abstract provided.
Moral Bankruptcy: Modeling Appropriate Attorney Behavior In Bankruptcy Cases, Nancy B. Rapoport
Moral Bankruptcy: Modeling Appropriate Attorney Behavior In Bankruptcy Cases, Nancy B. Rapoport
Scholarly Works
This essay discusses how important it is for lawyers, especially senior lawyers, to model appropriate behavior so that the newest lawyers learn how best to behave professionally.
Agency Expertise, Alj Independence, And Administrative Courts: The Recent Changes In Louisiana's Administrative Procedure Act, Jay S. Bybee
Agency Expertise, Alj Independence, And Administrative Courts: The Recent Changes In Louisiana's Administrative Procedure Act, Jay S. Bybee
Scholarly Works
In the past two years, the Louisiana Legislature has adopted several structural changes in Louisiana's Administrative Procedure Act (“LAPA”). Most notably, Louisiana adopted what is known as a central panel or unified corps of administrative law judges (“ALJs”). The central panel system, which has been adopted in nearly half of the states and has been proposed for the federal system, has a central agency or office that hires and assigns all ALJs; the central agency rotates ALJs among agencies to ensure the ALJs' independence. Louisiana created the Division of Administrative Law, effective October 1, 1996, within the Department of State …
Discrimination Cases In The Supreme Court's 1997 Term (The Supreme Court And State And Local Government Law: The 1997-1998 Term), Eileen Kaufman
Discrimination Cases In The Supreme Court's 1997 Term (The Supreme Court And State And Local Government Law: The 1997-1998 Term), Eileen Kaufman
Scholarly Works
No abstract provided.
The Constitutionalization Of Ineffective Assistance Of Counsel, Richard Klein
The Constitutionalization Of Ineffective Assistance Of Counsel, Richard Klein
Scholarly Works
No abstract provided.
Cloning And The Preservation Of Family Integrity, David Orentlicher
Cloning And The Preservation Of Family Integrity, David Orentlicher
Scholarly Works
No abstract provided.
Smart Growth At Century’S End: The State Of The States, Patricia E. Salkin
Smart Growth At Century’S End: The State Of The States, Patricia E. Salkin
Scholarly Works
No abstract provided.
Radicalism, Racism, And Affirmative Action: In Defense Of A Historical Approach, Deseriee Kennedy
Radicalism, Racism, And Affirmative Action: In Defense Of A Historical Approach, Deseriee Kennedy
Scholarly Works
No abstract provided.
Iola And Daubert (Symposium: The Supreme Court And Local Government Law: The 1997-98 Term), Leon D. Lazer
Iola And Daubert (Symposium: The Supreme Court And Local Government Law: The 1997-98 Term), Leon D. Lazer
Scholarly Works
No abstract provided.
Love, Hate, And Other Emotional Interference In The Lawyer/Client Relationship, Marjorie A. Silver
Love, Hate, And Other Emotional Interference In The Lawyer/Client Relationship, Marjorie A. Silver
Scholarly Works
No abstract provided.
The Day The Dogs Died: A Mad Essay On The Perils Of Alien Scholarship, Or An Alien Essay On The Perils Of Mad Scholarship, Louise Harmon
The Day The Dogs Died: A Mad Essay On The Perils Of Alien Scholarship, Or An Alien Essay On The Perils Of Mad Scholarship, Louise Harmon
Scholarly Works
No abstract provided.
Emotional Intelligence And Legal Education, Marjorie A. Silver
Emotional Intelligence And Legal Education, Marjorie A. Silver
Scholarly Works
The traditional knowledge-based law school curriculum is slowly giving way to one that increasingly exposes students to various lawyering skills. Nonetheless, legal educators are generally averse — or at best ill equipped — to support that training with the empathic and psychological skills good lawyering demands. The author discusses how emotional intelligence is essential to good lawyering and argues that it can and should be cultivated in law school. The article draws upon three examples of popular culture to explore both the absence and possibilities of interpersonal intelligence in the practice of law. The author also describes her own law …
Southworth V. Grebe: The Conservative Utilization Of "Negative" First Amendment Rights To Attack Diversity Of Thought At Public Universities, Meredith R. Miller
Southworth V. Grebe: The Conservative Utilization Of "Negative" First Amendment Rights To Attack Diversity Of Thought At Public Universities, Meredith R. Miller
Scholarly Works
No abstract provided.
Deconstructing The Rejection Letter: A Look At Elitism In Article Selection, Dan Subotnik, Glen Lazar
Deconstructing The Rejection Letter: A Look At Elitism In Article Selection, Dan Subotnik, Glen Lazar
Scholarly Works
No abstract provided.
The Imposition Of The Death Penalty In The United States Of America: Does It Comply With International Norms?, Beverly Mcqueary Smith
The Imposition Of The Death Penalty In The United States Of America: Does It Comply With International Norms?, Beverly Mcqueary Smith
Scholarly Works
No abstract provided.
The Business Records Exception To The Hearsay Rule - New Is Not Necessarily Better, Sidney Kwestel
The Business Records Exception To The Hearsay Rule - New Is Not Necessarily Better, Sidney Kwestel
Scholarly Works
No abstract provided.