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Articles 7291 - 7320 of 7926
Full-Text Articles in Law
Divided Justice: A Commentary On The Nomination And Confirmation Of Justice Thomas, Michael J. Gerhardt
Divided Justice: A Commentary On The Nomination And Confirmation Of Justice Thomas, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Legal Education And The Theatre Of The Absurd: "Can't Anybody Play This Here Game?", Paul A. Lebel
Legal Education And The Theatre Of The Absurd: "Can't Anybody Play This Here Game?", Paul A. Lebel
Faculty Publications
No abstract provided.
"There Is No Declaration Of Rights:" George Mason And The Bill Of Rights, David Clark
"There Is No Declaration Of Rights:" George Mason And The Bill Of Rights, David Clark
Brigham Young University Prelaw Review
Born the son of wealthy landowners in Fairfax County, Virginia, George Mason was molded to take an engaging and active role in colonial politics. A close advisor to George Washington, an ardent spokesman for American independence and human rights, and brilliant political author, Mason was one of the foremost political thinkers of his time. His role in the framing of the Constitution cannot be underemphasized, nor can his pivotal role in the adoption of the first ten amendments to that constitution go unrecognized. Mason was the brains, as well as the heart and soul behind the greatest democratic political document …
The Definition And Determination Of Insanity In Colorado, H. Patrick Furman
The Definition And Determination Of Insanity In Colorado, H. Patrick Furman
Publications
No abstract provided.
Coordinating Judicial Review In Administrative Law, Harold H. Bruff
Coordinating Judicial Review In Administrative Law, Harold H. Bruff
Publications
No abstract provided.
The Paradox Of Punishment, Paul Campos
The Paradox Of Punishment, Paul Campos
Publications
Retribution demands reciprocity. In this Essay, Professor Campos contends that classic retributive theory encounters a logical paradox when it attempts to equalize the status of criminal and victim through the institution of punishment. This paradox arises out of a clash between the deontological requirements of equality and justice. He concludes by speculating on the historical relationship between rationalist justifications for vengeance and the elimination of punishment as public spectacle.
Colorado Rules Of Professional Conduct: Implications For Criminal Lawyers, H. Patrick Furman, Daniel A. Vigil
Colorado Rules Of Professional Conduct: Implications For Criminal Lawyers, H. Patrick Furman, Daniel A. Vigil
Publications
No abstract provided.
A True Comprehensive Approach, Lakshman Guruswamy
Writing For Judges, Pierre Schlag
The Thomas Hearings: Watching Ourselves, Robert F. Nagel
The Thomas Hearings: Watching Ourselves, Robert F. Nagel
Publications
No abstract provided.
Flagburning: A Constitutional Freedom, Craig Mordock
Flagburning: A Constitutional Freedom, Craig Mordock
Brigham Young University Prelaw Review
The United States stands apart from many other nations of the world because of institutions which grant American citizens specific freedoms. America's founding fathers drew up the U.S. Constitution to ensure fundamental rights for American citizens. The First Amendment asserts one of these basic rights: freedom of speech and expression. Most Americans respect this freedom, and they revere the Bill of Rights which protects it. Unfortunately, some Americans choose to exercise this freedom in a way that offends other people. Recently, a controversial issue has confronted Congress: should Americans be allowed to express themselves by burning the U.S. flag? A …
Limits Of First Amendment Rights, Troy Salisbury
Limits Of First Amendment Rights, Troy Salisbury
Brigham Young University Prelaw Review
Under the First Amendment of the Constitution such rights as the freedom of speech and assembly and other basic rights are set forth. People often feel that unpopular groups such as flag-burners or skinheads should have their First Amendment rights limited. Often individuals find it hard to tolerate the radical opinions of these groups. Nevertheless, their rights can only be restricted if, in the course of their actions, they directly infringe upon the rights of others. This point can be better illustrated by discussing a hypothetical situation in which a group's rights would have to be limited.
The Revised Uniform Partnership Act: Some Comments On The Latest Draft Of Rupa, J. Dennis Hynes
The Revised Uniform Partnership Act: Some Comments On The Latest Draft Of Rupa, J. Dennis Hynes
Publications
No abstract provided.
Can Buckley Clear Customs?, Harold H. Bruff
Responsibility Of Investment Bankers To Shareholders, Ted J. Fiflis
Responsibility Of Investment Bankers To Shareholders, Ted J. Fiflis
Publications
No abstract provided.
A Mirror For The Magistrate, Paul Campos
Fundamentalist Christian Educators V. State: An Inevitable Compromise, Neal Devins
Fundamentalist Christian Educators V. State: An Inevitable Compromise, Neal Devins
Faculty Publications
No abstract provided.
Judicial Matters, Neal Devins
Correspondence: The Stuff Of Constitutional Law, Neal Devins
Correspondence: The Stuff Of Constitutional Law, Neal Devins
Faculty Publications
No abstract provided.
"You Shall Be Holy": Messianism And The Concept Of Morality In Jewish Law, Ilan Dunsky
"You Shall Be Holy": Messianism And The Concept Of Morality In Jewish Law, Ilan Dunsky
Dalhousie Journal of Legal Studies
It is important to examine the underlying philosophy of the legal institution. The law, as it exists today in Canada, is largely the product of liberalism, and though that ideology is very elastic and flexible, there are other ways of understanding the world and thus the law. This paper examines one such alternative: Jewish law, which has endured for three and one half thousand years, and which, through its derivative religions, Christianity and Islam, has had a profound effect on the thought of a large part of the world. In discussing Jewish law from the vantage point of the late …
The Issue Of Relevance In R. V. Seaboyer And Gayme, Catherine Cogswell
The Issue Of Relevance In R. V. Seaboyer And Gayme, Catherine Cogswell
Dalhousie Journal of Legal Studies
In the recent R. v. Seaboyer and Gayme decision, the Supreme Court of Canada, in a decision split seven to two ruled that Section 276 of the Criminal Code was unconstitutional. Section 276 had restricted the right of defence counsel, in a trial for a sexual offence, to cross-examine and lead evidence of a complainant's sexual conduct on other occasions. The majority of the court ruled that this Section violated the accused's right to a fair trial guaranteed in Sections 7 and 11(d) of the Canadian Charter of Rights and Freedoms. The fundamental issue in the Seaboyer and Gayme appeals …
Justice Denied, The Law Versus Donald Marshall, Danielle Y. Raymond
Justice Denied, The Law Versus Donald Marshall, Danielle Y. Raymond
Dalhousie Journal of Legal Studies
Book review of Justice Denied, the Law Versus Donald Marshall by Michael Harris and published by Harper Collins (Toronto), 1990. (411 pp.)
Understanding Child Sexual Abuse, John Fox
Understanding Child Sexual Abuse, John Fox
Dalhousie Journal of Legal Studies
Book review of Understanding Child Sexual Abuse by Thom L. McGuire & Faye E. Grant and published by Butterworths (Toronto), 1991. (42 pp.)
The Canadian Law Of Consent To Treatment, Larry Buhagiar
The Canadian Law Of Consent To Treatment, Larry Buhagiar
Dalhousie Journal of Legal Studies
Book review of The Canadian Law of Consent to Treatment by Lorne E. Rozovsky, Q.C. & Fay A. Rozovsky, and published by Butterworths (Toronto), 1990. (151 pp.)
Time For The Security Council To Restructure, Toby D.J. Mendel
Time For The Security Council To Restructure, Toby D.J. Mendel
Dalhousie Journal of Legal Studies
The core political entity at the United Nations is the Security Council. The Security Council is comprised of five permanent members – the Republic of China, France, the Union of Soviet Socialist Republics (until its demise in 1991), the United Kingdom of Great Britain and Northern Ireland, and the United States of America – and ten non-permanent members elected from the General Assembly for a term of two years. A great deal of power is vested in the Security Council, with special powers accorded to the permanent members. There may well be a need for a small executive group within …
Canada's New Gun Control Legislation: Stiffer Penalties And Controlled Access, Peter M. Neumann
Canada's New Gun Control Legislation: Stiffer Penalties And Controlled Access, Peter M. Neumann
Dalhousie Journal of Legal Studies
On December 6, 1989, fourteen women were murdered at the École Polytechnique in Montreal by a gunman equipped with a legally acquired semi-automatic paramilitary rifle and a large capacity clip magazine. Although the weapon was advertised by its manufacturers, Sturm, Ruger and Co. of Connecticut, as "ideal for law enforcement", it was popular with hunters and was readily available at stores. The gunman's rampage provoked an unprecedented outcry for stricter gun control laws in Canada. While revisions to the firearms provisions of the Criminal Code were already being considered, the tragedy reopened gun control debate and committed federal legislators to …
High Technology Disputes: The Minitrial As The Emerging Solution , Thomas J. Klitgaard, William E. Mussman Iii
High Technology Disputes: The Minitrial As The Emerging Solution , Thomas J. Klitgaard, William E. Mussman Iii
Santa Clara High Technology Law Journal
No abstract provided.
Update To: Copyright Protection For Computer Software In The Nineties , Evan Finkel
Update To: Copyright Protection For Computer Software In The Nineties , Evan Finkel
Santa Clara High Technology Law Journal
No abstract provided.
Patent Law Developments In The United States Court Of Appeals For The Federal Circuit During 1990 , Alex T. Chartove, Joseph T. Fitzgerald
Patent Law Developments In The United States Court Of Appeals For The Federal Circuit During 1990 , Alex T. Chartove, Joseph T. Fitzgerald
Santa Clara High Technology Law Journal
No abstract provided.
Computer Software Defects: Should Computer Software Manufacturers Be Held Strictly Liable For Computer Software Defects?, Patrick T. Miyaki
Computer Software Defects: Should Computer Software Manufacturers Be Held Strictly Liable For Computer Software Defects?, Patrick T. Miyaki
Santa Clara High Technology Law Journal
No abstract provided.