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Articles 271 - 300 of 6983
Full-Text Articles in Law
Americans With Disabilities Act, Its Antecedents, And Its Impact On Law Enforcement Employment, The , Martin Schiff
Americans With Disabilities Act, Its Antecedents, And Its Impact On Law Enforcement Employment, The , Martin Schiff
Missouri Law Review
The American With Disabilities Act (ADA),' signed into law on July 26, 1990, is the most significant legislation ever enacted to prevent discrimination against disabled Americans. The scope of the legislation is sweeping, encompassing employment (Title I), public services by state and local governments including transportation (Title II), all public accommodations (Title III), and all telecommunications (Title IV). The law, in essence, recognizes the responsibility of the federal government to see to it that disabled Americans are fully integrated into all aspects of American life rather than being deemed unfit merely because of their disability. The purpose of this Article …
Child Support Properly A Factor In Determining Best Interests Of Child In Voluntary Termination Of Parental Rights, Khristine Ann Heisinger
Child Support Properly A Factor In Determining Best Interests Of Child In Voluntary Termination Of Parental Rights, Khristine Ann Heisinger
Missouri Law Review
Termination of parental rights is available only by statute. Missouri provides for voluntary termination of parental rights only if the parent whose rights are to be terminated has consented in writing to the termination and if the termination will be in the best interests of the child.' All Missouri statutory provisions concerning termination of parental rights are to be "construed so as to promote the best interests and welfare of the child." The factors to be considered in determining the "best interest of the child" are enumerated in the statute, but they are quite general. This Note focuses on the …
Dimensions Of The Right To Vote: The Write-In Vote, Donald Duck, And Voting Booth Speech Written-Off, The , David Perney
Dimensions Of The Right To Vote: The Write-In Vote, Donald Duck, And Voting Booth Speech Written-Off, The , David Perney
Missouri Law Review
In 1989, Judge Harrison L. Winter of the United States Court of Appeals for the Fourth Circuit announced that "under appropriate circumstances" a write-in vote for Donald Duck would be constitutionally protected as an exercise of a citizen's right to vote.' This pronouncement added to the growing but muddled field of jurisprudence concerning the right to vote. In Burdick v. Takushi, the United States Supreme Court eased back the broad parameters of the right to vote that the Fourth Circuit appeared to define. The goal of this Note is to outline the reasoning of the Burdick v. Takushi decision, to …
Continuing Saga Of The Home Office Deduction, The , J. Patrick Sullivan
Continuing Saga Of The Home Office Deduction, The , J. Patrick Sullivan
Missouri Law Review
The deductibility of expenditures associated with home offices is an issue of great concern to many taxpayers. In Commissionerv. Soliman, the Supreme Court was presented with the opportunity to add a degree of certainty to this area of tax law. This Note will examine the Court's decision in Soliman and conclude that the Court did not take advantage of the opportunity presented to it. This Note will also assess the relative merits of several tests used for determining the deductibility of home office expenses and recommend a test that would give this area of the law a degree of certainty.
Grounds For Political Judgment: The Status Of Personal Experience And The Autonomy And Generality Of Principles Of Restraint, Kent Greenawalt
Grounds For Political Judgment: The Status Of Personal Experience And The Autonomy And Generality Of Principles Of Restraint, Kent Greenawalt
San Diego Law Review
This Article addresses three perplexing problems about proposed principles of self-restraint for political decision and advocacy within liberal democracies. It considers the nature of convictions that are based on highly personal experiences and asks what their political status should be. It explores the subtle relationship between proposed principles of restraint and overarching religious and other comprehensive views. It argues that a plausible principle of restraint must appeal to people with various religious and other comprehensive views and must be suited to the particular conditions of a given society.
The Place Of Religious Argument In A Free And Democratic Society, Robert Audi
The Place Of Religious Argument In A Free And Democratic Society, Robert Audi
San Diego Law Review
This Article provides an account of the notion of a religious argument, distinguishes several roles of religious arguments in a liberal democracy, and defends a set of principles for their proper use in such a society. The author argues that it is appropriate that citizens apply a kind of separation of church and state in their public use of religious arguments, especially in advocating laws or public policies that restrict liberty. More specifically, the author contends that whatever religious arguments one may have in such cases, one should also be willing to offer, and be to a certain extent motivated …
Constructing An Ideal Of Public Reason, Lawrence B. Solum
Constructing An Ideal Of Public Reason, Lawrence B. Solum
San Diego Law Review
In deciding to what ideal citizens should aspire in political debate, some people contend that an ideal of political morality should mirror the freedom of expression. This Article undertakes the construction of an ideal of public reason. It begins with an investigation of the term "public reason." The author considers various possibilities for an ideal or normative standard of public reason. As each option is considered, some possible formulations are discarded and additional specifications are added. He concludes with the ideal that is constructed through this process of elaboration, evaluation, and elimination.
Liberalism, Religion And The Unity Of Epistemology, Larry Alexander
Liberalism, Religion And The Unity Of Epistemology, Larry Alexander
San Diego Law Review
This Article focuses on the relation between liberalism and religion. Professor Alexander argues that liberalism is itself just a sectarian view on the same level as the religious and other views that it purports to be neutral about and to tolerate. The Article shows that liberalism is a rejection of all illiberal religious tenets. It further contends that liberalism cannot make out its case for excluding religious arguments from shaping public policy. It concludes that to the extent liberalism is defined by or rests on the insulation of public policy from religious views, liberalism is undermined by its failure to …
Beyond Religion And Enlightenment, Charles Larmore
Beyond Religion And Enlightenment, Charles Larmore
San Diego Law Review
This Article addresses the theory that modern society is beyond religion. The author reasons that secularization is the result of Judeo-Christian monotheism. God's transcendence has led to his withdrawal from the world and thus to the autonomy of the world. The author analyzes such views and addresses the reasons for morality in modern society; whether it stems from belief in God, or a modern view that God is not necessary in order to have morality.
Religious Contributions In Public Deliberation, Jeremy Waldron
Religious Contributions In Public Deliberation, Jeremy Waldron
San Diego Law Review
This Article commences with an excerpt from a "Pastoral Letter on Catholic Social Teaching and the U.S. Economy" published in 1986 by the National Conference of Catholic Bishops. Through this letter, the author leads us to the question, "What part should doctrines and arguments rooted in religious beliefs play in public debate?" The author views such religious contributions as relevant to secular politics. He recommends that people value rethinking the structure of their premises, and see the value of an open, challenging, and indeterminate form of public deliberation in which nothing is taken for granted. He concludes that we can …
The Pope's Submarine, John H. Garvey
The Pope's Submarine, John H. Garvey
San Diego Law Review
This Article looks at the conflict between religious authority and liberal politics from a point of view within the Catholic Church. It examines the grounds of the teaching authority asserted by the Church, the scope and strength of that authority, and the possibility that obedience to authority will create dilemmas for religiously committed public officials. For purposes of illustration it uses New York Governor Mario Cuomo's religious and political observations on the subject of abortion.
Contexts Of The Political Role Of Religion: Civil Society And Culture, David Hollenbach S.J.
Contexts Of The Political Role Of Religion: Civil Society And Culture, David Hollenbach S.J.
San Diego Law Review
This Article argues that we need to frame the question of the relation of religion to public life in a way that goes beyond discussion of the direct impact of religious convictions on policy choices. The Article considers religion's public influences, such as its influence on the multiple communities and institutions of civil society and on the public self-understanding of a society called culture. In considering these influences, the author offers a new perspective on the role of religious belief in the decisions of those who draft legislation, reach judicial decisions, administer the domestic and foreign affairs of the nation, …
Religion And Public Debate In A Liberal Society: Always Oil And Water Or Sometimes More Like Rum And Coca-Cola, Maimon Schwarzschild
Religion And Public Debate In A Liberal Society: Always Oil And Water Or Sometimes More Like Rum And Coca-Cola, Maimon Schwarzschild
San Diego Law Review
This Article analyzes the role of religion during the Enlightenment, particularly focusing on the negative views toward Christianity. The author explores the reasons why Christianity was not embraced by Enlightenment thinkers, and attempts to relate this to the modern view of religion. Where religious thinking posed a considerable threat to institutions in the era of Enlightenment, religious thinking arguably does not pose such a threat in modern times. The author concludes with an argument that the presence of religion in modern society strengthens pluralism, and thus strengthens liberal society itself.
Triggering One-Year Limitations On Section 10(B) And Rule 10b-5 Actions: Actual Or Inquiry Discovery, Charles Benjamin Nutley
Triggering One-Year Limitations On Section 10(B) And Rule 10b-5 Actions: Actual Or Inquiry Discovery, Charles Benjamin Nutley
San Diego Law Review
Securities fraud lawsuits under Rule 10b-5 are governed by the one and three year limitative period in section 9(e) of the Securities Exchange Act. The one-year period is triggered by the plaintiff's discovery of the facts constituting the violation. Courts differ, however, on the correct discovery standard for section 9(e). This Comment addresses whether courts should apply an inquiry notice standard or an actual notice standard to trigger the one-year limitative period.
Braun V. Soldier Of Fortune: Tort Law Enters The Braun's Age As Constitutional Safeguards For Commercial Speech Buckle 'Neath The Crunch Of Third-Party Liability, Timothy J. Tatro
Braun V. Soldier Of Fortune: Tort Law Enters The Braun's Age As Constitutional Safeguards For Commercial Speech Buckle 'Neath The Crunch Of Third-Party Liability, Timothy J. Tatro
San Diego Law Review
Advertising is more than just a substantial source of revenue for publications. This author contends that advertising embodies the liberties of free speech and free press secured to all of us so fundamentally by the First Amendment. This Casenote analyzes Braun v. Soldier of Fortune Magazine, Inc., in which the Eleventh Circuit held a magazine liable for negligently publishing a gun-for-hire advertisement that allegedly resulted in the death of the plaintiff's father. The author is critical of this decision, noting the detrimental, long-reaching effects of sustaining a negligence action that penetrates so deeply into First Amendment freedoms.
Prosecutorial Discretion And The Conditional Waiver: Lessons From The Japanese Experience, Mark Findlay
Prosecutorial Discretion And The Conditional Waiver: Lessons From The Japanese Experience, Mark Findlay
Research Collection Yong Pung How School Of Law
A unique characteristic of prosecutorial discretion in Japan is the formal practice of suspension. From the later part of last century, public prosecutors were presented with the discretionary option of waiving or suspending prosecution dependent on certain conditions.
Eec Measures On The Treatment Of National Treasures, Talbot J. Nicholas Ii
Eec Measures On The Treatment Of National Treasures, Talbot J. Nicholas Ii
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Legislative Term Limitation Under A "Limited" Popular Initiative Provision?, Lawrence Schlam
Legislative Term Limitation Under A "Limited" Popular Initiative Provision?, Lawrence Schlam
Northern Illinois University Law Review
This article addresses the need for change in a seniority-based political system which fosters and is dominated by self-serving career politicians who rarely appear to serve the public interest. Campaign finance reforms and other remedial approaches show no signs of abating this situation. Term limitations, however, offer a reasonable check on the evil inherent in prolonged legislative power. Even though the constitutionality of state-enacted limitations on federal legislators is debatable, state enacted limitations on state legislative terms are constitutional. The "limited" popular constitutional initiative provided for in the 1970 Illinois Constitution--and the Illinois Supreme Court decisions interpreting that provision--appear to …
Characterization And Assignment Of Corporate And Shareholder Income, Daniel M. Schneider
Characterization And Assignment Of Corporate And Shareholder Income, Daniel M. Schneider
Northern Illinois University Law Review
A fertile group for the development of differentials arises in dividend distributions made by corporations to their shareholders. Professor Schneider analyzes the way in which differentials in dividend income have been exploited: whose income it is; is it ordinary income or capital gain; and has a dividend been disguised as proceeds from the sale of stock, or a sales proceed as a dividend (the Waterman Steamship problem). He concludes that differentials between various types of statutes--who is the taxpayer, at what rate is the income taxed--inevitably leads to taxpayers trying to meet favorable characterizations and to avoid negative characterizations. The …
The Untimely Demise Of The Involuntary Confession Material Witness Rule In Illinois, Stephanie Rae Williams
The Untimely Demise Of The Involuntary Confession Material Witness Rule In Illinois, Stephanie Rae Williams
Northern Illinois University Law Review
This article examines the recent elimination of the material witness rule, which governed the admissibility of confessions in criminal cases. The article first traces the evolution and Fifth Amendment background of the rule. Next, the article discusses the rash action taken by the Illinois Supreme Court when it rejected the rule. Finally, the article concludes by showing that the rule was a necessary Fifth Amendment protection and has been reasonably applied.
United States V. Nixon, Twenty Years After: The Good, The Bad And The Ugly--An Exploration Of Executive Privilege, K. A. Mcneely-Johnson
United States V. Nixon, Twenty Years After: The Good, The Bad And The Ugly--An Exploration Of Executive Privilege, K. A. Mcneely-Johnson
Northern Illinois University Law Review
The following article attempts to conceptualize United States v. Nixon and the strengthened doctrine of Executive Privilege it beget. This is accomplished through the examination of Executive Privilege's historic roots, the events surrounding the Nixon case, the hallmark ruling itself, the shadowy impact upon subsequent administrations, and the tension of secrecy and accountability necessitated by the doctrine. Finally, it concludes with alternatives that would minimize the dangerous potential that exists under the current permutation of the doctrine.
Vol. 14, No. 1, Fall 1993: Table Of Contents, Northern Illinois University Law Review
Vol. 14, No. 1, Fall 1993: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Parading Ourselves: Freedom Of Speech At The Feast Of St. Patrick, Larry Yackle
Parading Ourselves: Freedom Of Speech At The Feast Of St. Patrick, Larry Yackle
Faculty Scholarship
Three things are true. First, American society is now absorbed in yet another great civil rights movement, this one on behalf of gay, lesbian, and ambisexual citizens, which will lead ineluctably to the elimination of legal burdens on the basis of sexual orientation.' Change will come slowly, with much backing and filling, and at an awful price measured in human pain. Intolerance for the homosexualities that exist among us, and the homosexual behavior in which many of us engage, will persist in quarters where the law cannot reach.2 Yet private homophobia, deprived of legal sanction, will ultimately be discredited and …
Decentralized Self-Regulation, Accountability, And Judicial Independence Under The Federal Judicial Conduct And Disability Act Of 1980, Jeffrey N. Barr, Thomas E. Willging
Decentralized Self-Regulation, Accountability, And Judicial Independence Under The Federal Judicial Conduct And Disability Act Of 1980, Jeffrey N. Barr, Thomas E. Willging
University of Pennsylvania Law Review
No abstract provided.
Informal Methods Of Judicial Discipline, Charles Gardner Geyh
Informal Methods Of Judicial Discipline, Charles Gardner Geyh
University of Pennsylvania Law Review
No abstract provided.
Breach Of Employee Confidentiality: Moving Toward A Common-Law Tort Remedy, Scott L. Fast
Breach Of Employee Confidentiality: Moving Toward A Common-Law Tort Remedy, Scott L. Fast
University of Pennsylvania Law Review
No abstract provided.
Los Olvidados: Images Of The Immigrant, Political Power Of Noncitizens, And Immigration Law And Enforcement, Kevin R. Johnson
Los Olvidados: Images Of The Immigrant, Political Power Of Noncitizens, And Immigration Law And Enforcement, Kevin R. Johnson
BYU Law Review
No abstract provided.
Affirmative Action And The New Discrimination: A Reply To Duncan Kennedy, John Hasnas
Affirmative Action And The New Discrimination: A Reply To Duncan Kennedy, John Hasnas
Louisiana Law Review
No abstract provided.
Personal Liability For Corporate Participants Without Corporate Veil-Piercing: Louisiana Law, Glenn G. Morris
Personal Liability For Corporate Participants Without Corporate Veil-Piercing: Louisiana Law, Glenn G. Morris
Louisiana Law Review
No abstract provided.
Restitution For Intangible Gains, Paul T. Wangerin
Restitution For Intangible Gains, Paul T. Wangerin
Louisiana Law Review
No abstract provided.