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Articles 1681 - 1710 of 7926
Full-Text Articles in Law
Constitutional Protection Of Property And Economic Rights, Bernard H. Siegan
Constitutional Protection Of Property And Economic Rights, Bernard H. Siegan
San Diego Law Review
This paper is an edited version of an address delivered by the author on December 14, 1991 at a conference on "Prosperity and the Rule of Law" in the Washington, D.C. area. Professor Siegan advocates that the new constitutions of the former communist nations and republics should establish political systems consistent with the general objective of their revolutions: to minimize the rule of the state and maximize the liberty of the people. He argues that these constitutions can best provide for freedom and abundance by substantially limiting the power of government.
The Applicability Of Japanese Labor And Employment Laws To Americans Working In Japan, Ryuichi Yamakawa
The Applicability Of Japanese Labor And Employment Laws To Americans Working In Japan, Ryuichi Yamakawa
San Diego Law Review
This Article examines whether and under what circumstances Japanese labor and employment laws apply to Americans working in Japan. The author finds that as for public or regulatory laws, the question turns on the applicability of each statute. He further discovers that most Japanese labor and employment laws apply to foreign citizens who are employed by and work at enterprises in Japan, while those who are on business trips to Japan are not covered by these laws. This Article explores the choice of law rules regarding private laws such as employment contract law in both the United States and Japanese …
What Effect Should State Law Have In Defining Personal Injury Damages For Purposes Of I.R.C. Section 104(A)(2) Exclusion, William A. Stahr
What Effect Should State Law Have In Defining Personal Injury Damages For Purposes Of I.R.C. Section 104(A)(2) Exclusion, William A. Stahr
San Diego Law Review
In Roemer v. Commissioner, the Ninth Circuit turned to California law to locate the meaning of "personal injury" as used in section 104(a)(2) of the Internal Revenue Code. This Comment analyzes that court's decision and compares the use of state law within the tax code with its use in certain other federal statutory schemes. The author finds that although state law can be useful and perhaps accurate in deciphering Congressional intent, a key policy behind the tax code, namely uniformity, makes the sole use of state law in defining terms within the tax code incompatible with the congressional object.
Continental Casualty Co. V. Robsac Industries: Federal Declaratory Judgment Actions And Parallel State Proceedings--A Fifth Branch Of Abstention, Gia L. Honnen
San Diego Law Review
In order to deter parallel state and federal suits involving the same parties and issues in declaratory judgment actions, the Brillhart doctrine requires a balancing test to determine the propriety of exercising federal jurisdictions to grant relief. In Continental Casualty Co. v. Robsac Industries, decided in 1991, the Ninth Circuit held that federal district courts should generally decline to exercise jurisdiction in insurance coverage and other suits brought under the Federal Declaratory Judgments Act. This replaced the balancing test with a general rule favoring federal court abstention. This Casenote examines the Robsac decision in light of abstention doctrine history and …
Theft In The Louisiana Criminal Code Of 1942, Lee Hargrave
Theft In The Louisiana Criminal Code Of 1942, Lee Hargrave
Louisiana Law Review
No abstract provided.
Louisiana Children's Code Article 808: A Positive Step On Behalf Of Louisiana's Children, Jan Kirby Byland
Louisiana Children's Code Article 808: A Positive Step On Behalf Of Louisiana's Children, Jan Kirby Byland
Louisiana Law Review
No abstract provided.
State Intervention In Pregnancy, Julia Elizabeth Jones
State Intervention In Pregnancy, Julia Elizabeth Jones
Louisiana Law Review
No abstract provided.
Florida V. Bostick: "Swapping-Off Point For Fourth Amendment Protections?", Mark William Fry
Florida V. Bostick: "Swapping-Off Point For Fourth Amendment Protections?", Mark William Fry
Louisiana Law Review
No abstract provided.
California V. Acevedo: The Ominous March Of A Loyal Foot Soldier, John Michael Harlow
California V. Acevedo: The Ominous March Of A Loyal Foot Soldier, John Michael Harlow
Louisiana Law Review
No abstract provided.
Let The Punishment Fit The Crime: State V. Newton, Chapman V. United States, And The Problem Of Purity And Prosecutions, Michelle Rome Kallam
Let The Punishment Fit The Crime: State V. Newton, Chapman V. United States, And The Problem Of Purity And Prosecutions, Michelle Rome Kallam
Louisiana Law Review
No abstract provided.
The Louisiana Criminal Code Of 1942 - Doctrinal Provisions, Defenses, And Theories Of Culpability, Dale E. Bennett, Cheney C. Joseph Jr.
The Louisiana Criminal Code Of 1942 - Doctrinal Provisions, Defenses, And Theories Of Culpability, Dale E. Bennett, Cheney C. Joseph Jr.
Louisiana Law Review
No abstract provided.
The Louisiana Lottery-Supreme Court Style: A Look Atstate V. Simpson' And Its Constitutional Mandate Of Random Allotment Of Criminal Court Cases Within A District, Mark A. Marionneaux
The Louisiana Lottery-Supreme Court Style: A Look Atstate V. Simpson' And Its Constitutional Mandate Of Random Allotment Of Criminal Court Cases Within A District, Mark A. Marionneaux
Louisiana Law Review
No abstract provided.
Victim Impact Evidence And Capital Sentencing: A Casenote On Payne V. Tennessee, Elizabeth Anna Meek
Victim Impact Evidence And Capital Sentencing: A Casenote On Payne V. Tennessee, Elizabeth Anna Meek
Louisiana Law Review
No abstract provided.
Determination Of Probable Cause For A Warrantless Arrest: A Casenote On County Of Riverside V. Mclaughlin, Alycia B. Olano
Determination Of Probable Cause For A Warrantless Arrest: A Casenote On County Of Riverside V. Mclaughlin, Alycia B. Olano
Louisiana Law Review
No abstract provided.
California V. Hodari D.: The Demise Of The Reasonable Person Test In Fourth Amendment Analysis, Patrick T. Costello
California V. Hodari D.: The Demise Of The Reasonable Person Test In Fourth Amendment Analysis, Patrick T. Costello
Northern Illinois University Law Review
This note examines the United Supreme Court decision which reexamined the point at which a police-citizen encounter becomes a seizure under the Fourth Amendment. The Court concluded that a police-citizen encounter becomes a seizure only when the citizen yields to the show of police authority. The author contends that the Court's definition of a seizure alters, if not disposes of, the former definition, which defined seizure as the point at which a reasonable person, faced with a show of authority, no longer feels free to leave.
Current Challenges To Free Expression: A New Age Of Repression?, Geoffrey R. Stone
Current Challenges To Free Expression: A New Age Of Repression?, Geoffrey R. Stone
Northern Illinois University Law Review
In this essay, Dean Stone describes three examples of recent challenges to the principle of free expression. Addressing such diverse challenges as Jerry Falwell's dispute with Hustler Magazine and the University of Michigan's prohibition of "hate speech," Stone suggests that there may be dawning a new age of repression. In the final analysis, though, Stone is unable to conclude such a new age is upon us. The challenges may represent a last-ditch effort to forestall the virtually complete abolition of governmentally-enforced standards of decency and civility in public discourse.
Edmonson V. Leesville Concrete Co.: Reasoned Or Result Oriented Jurisprudence?, Frederick V. Olson
Edmonson V. Leesville Concrete Co.: Reasoned Or Result Oriented Jurisprudence?, Frederick V. Olson
Northern Illinois University Law Review
This note examines the United States Supreme Court decision finding a private litigant's use of peremptory challenges to exclude jurors on account of race in a civil case constituted "state action" and violated the excluded jurors' equal protection rights. The author examines the Court's decision and concludes that the finding of "state action" was not based on reasoned jurisprudence.
Vol. 12, No. 2, 1992: Table Of Contents, Northern Illinois University Law Review
Vol. 12, No. 2, 1992: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Introduction: Caring For The Nation--Current Issues In Health Care Reform, Susan E. Powley
Introduction: Caring For The Nation--Current Issues In Health Care Reform, Susan E. Powley
Vanderbilt Law Review
Health care reform is once again on the "front burner" of American politics. With health care costs in the United States rising at three times the rate of inflation and an increasing portion of the population falling through the cracks of the current health care delivery system,' legislators, health care professionals, and the population at large now have little difficulty agreeing that the system is badly in need of reform. This consensus, however, falls apart when discussion turns to what needs to be fixed and how to fix it. Federal legislators currently have over twenty health bills pending before them, …
Cruel And Unusual Punishment In The Provision Of Prison Medical Care: Challenging The Deliberate Indifference Standard, Michael C. Friedman
Cruel And Unusual Punishment In The Provision Of Prison Medical Care: Challenging The Deliberate Indifference Standard, Michael C. Friedman
Vanderbilt Law Review
Most Americans have little knowledge or concern about what hap- pens inside this Nation's prisons.' Unless prisoners riot, they generally are far removed from the popular consciousness. Members of society beyond prison walls hear about only the most severe and exceptional cases of prisoner suffering. When prisoners do not receive adequate medical treatment, however, they may suffer harm beyond the segregation from society and loss of liberty contemplated by incarceration. A discussion of the medical care that prisoners receive must begin, therefore, with a recognition of the paradox of taking care of individuals about whom very few people in society …
Deliberating About Deliberation, Frederick Schauer
Deliberating About Deliberation, Frederick Schauer
Michigan Law Review
A Review of We the People: 1: Foundations by Bruce Ackerman
On Reading The Constitution, Bruce Fein
On Reading The Constitution, Bruce Fein
Michigan Law Review
A Review of On Reading the Constitution by Laurence H. Tribe and Michael C. Dorf
Imagining A Free Press, Geoffrey R. Stone
Imagining A Free Press, Geoffrey R. Stone
Michigan Law Review
A Review of Images of a Free Press by Lee C. Bollinger
Rhetorical Slavery, Rhetorical Citizenship, Gerald L. Neuman
Rhetorical Slavery, Rhetorical Citizenship, Gerald L. Neuman
Michigan Law Review
A Review of American Citizenship: The Quest for Inclusion by Judith N. Shklar
Illiberal Education: The Politics Of Race And Sex On Campus, Bruce Goldner
Illiberal Education: The Politics Of Race And Sex On Campus, Bruce Goldner
Michigan Law Review
A Review of Illiberal Education: The Politics of Race and Sex on Campus by Dinesh D'Souza
Whose World And How?, Milner S. Ball
Whose World And How?, Milner S. Ball
Michigan Law Review
A Review of Rethinking the American Race Problem by Roy L. Brooks
Affirmative Action At Work: Law Politics, And Ethics, Michael K. Ross
Affirmative Action At Work: Law Politics, And Ethics, Michael K. Ross
Michigan Law Review
A Review of Affirmative Action at Work: Law Politics, and Ethics by Bron Raymond Taylor
The Integration Of Religious Liberty, John Witte Jr.
The Integration Of Religious Liberty, John Witte Jr.
Michigan Law Review
A Review of A Nation Dedicated to Religious Liberty: The constitutional Heritage of the Religion Clauses by Arlin M. Adams and Charles J. Emmerich
The Supreme Court As Constitutional Interpreter: Chronology Without History, Herbert Hovenkamp
The Supreme Court As Constitutional Interpreter: Chronology Without History, Herbert Hovenkamp
Michigan Law Review
A Review of The Constitution in the Supreme Court: The Second Century, 1888-1986 by David P. Currie