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1998

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Articles 1 - 30 of 113

Full-Text Articles in Law

Clark Memorandum: Winter 1998, J. Reuben Clark Law Society, J. Reuben Clark Law School Dec 1998

Clark Memorandum: Winter 1998, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum


An American Original, Ronald L. Carlson Dec 1998

An American Original, Ronald L. Carlson

Scholarly Works

This is one of many articles tributing Judge Myron H. Bright in recognition of thirty years of service on the United States Court of Appeals for the Eighth Circuit. This article describes Professor Carlson's relationship with Judge Bright and details Judge Bright's career.


Managed Care And Managed Sentencing — A Tale Of Two Systems, Ronald Weich Nov 1998

Managed Care And Managed Sentencing — A Tale Of Two Systems, Ronald Weich

All Faculty Scholarship

The daily injustices mount. The front line professionals who administer the system cry out for more discretion to depart from the rigid rules that bind them, Congress finally hears their call, and is poised to enact sweeping reforms.

Are improvements in federal sentencing law on the way? Probably not in the near future. But the new Congress will surely take up proposals to regulate the managed health care industry, and the impending debate over a proposed "Patients' Bill of Rights" law offers important lessons for federal sentencing policy.

At first blush, sentencing reform and health care reform have about as …


The Supreme Court 1997 Term -- Foreword: The Limits Of Socratic Deliberation, Michael C. Dorf Nov 1998

The Supreme Court 1997 Term -- Foreword: The Limits Of Socratic Deliberation, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.


Of Communists And Anti-Abortion Protestors: The Consequences Of Falling Into The Theoretical Abyss, Christina E. Wells Oct 1998

Of Communists And Anti-Abortion Protestors: The Consequences Of Falling Into The Theoretical Abyss, Christina E. Wells

Faculty Publications

Part I of this article briefly reviews the legal and social context of Dennis and Yates. Parts II and III similarly review Madsen and Schenck in order to show potential parallels to the earlier communist decisions. Part IV further examines both Madsen and Schenck, demonstrating that, from a doctrinal standpoint, they are far removed from the earlier communist cases. Finally, Part V explains how the Court in Madsen and Schenck actually contributed to misconceptions or manipulation of its opinions. Specifically, Part V examines the Madsen and Schenck Courts' approaches to three of the more difficult doctrinal issues facing them--prior restraint, …


The New American Caste System: The Supreme Court And Discrimination Among Civil Rights Plaintiffs, Melissa L. Koehn Oct 1998

The New American Caste System: The Supreme Court And Discrimination Among Civil Rights Plaintiffs, Melissa L. Koehn

University of Michigan Journal of Law Reform

Fifteen percent of the decisions issued by the Supreme Court during its 1996-97 Term centered around section 1983. Section 1983 provides civil rights plaintiffs with a procedural mechanism for vindicating their federally protected rights, including those enshrined in the Constitution. The Court's decisions from its 1996-97 Term reflect a continuation of the alarming trend that has permeated section 1983 for the last two decades-a movement to decrease the scope of section 1983, regardless of the impact on constitutional rights. The Supreme Court appears to be creating a hierarchy both of constitutional rights and of plaintiffs: free speech and takings claims …


Coming Out: Decision-Making In State And Federal Sodomy Cases, Susan Ayres Oct 1998

Coming Out: Decision-Making In State And Federal Sodomy Cases, Susan Ayres

Faculty Scholarship

In 1791, American states were enacting laws against sodomy at the same time they ratified the Bill of Rights, the first ten constitutional amendments meant to safeguard fundamental rights of individuals in a free society. In a March 1789 letter to James Madison, Thomas Jefferson asserted that a bill of rights was necessary to give the judiciary the power to protect such individual rights. Ironically, that which the judiciary gives, it may also take away, since "[t]he legislator is a writer. And the judge a reader."

This Article deconstructs recent sodomy cases in order to challenge judicial adoption or reinscription …


The Electronic Media And The Flight From First Amendment Doctrine: Justice Breyer's New Balancing Approach, Jerome A. Barron Jun 1998

The Electronic Media And The Flight From First Amendment Doctrine: Justice Breyer's New Balancing Approach, Jerome A. Barron

University of Michigan Journal of Law Reform

Contemporary First Amendment issues in cases involving the electronic media transcend traditional conflicts between the government and the speaker. The speaker is not easy to identify. Listeners, programmer and medium operators or distributors all have competing claims to First Amendment protection. To determine whose interests shall prevail, courts increasingly seek a methodology that accounts for these warring interests. Justice Breyer, along with Justice Souter and, in some respects, Justice Stevens, have been instrumental in reviving balancing as a First Amendment approach in these situations.

In two recent First Amendment cable television cases Turner Broadcasting System, Inc. v. FCC (Turner II) …


Philip Sober Controlling Philip Drunk: "Buchanan V. Warley" In Historical Perspective, David E. Bernstein May 1998

Philip Sober Controlling Philip Drunk: "Buchanan V. Warley" In Historical Perspective, David E. Bernstein

Vanderbilt Law Review

In Buchanan v. Warley the Supreme Court found that a Louisville, Kentucky, residential segregation ordinance was unconstitutional because it interfered with the Fourteenth Amendment right to own and dispose of property and could not be justified as a police power measure.' The Buchanan decision came at a crucial juncture in the history of American race relations. Several cities in the southern and border states had recently passed residential segregation ordinances, and other cities were poised to follow suit if the Supreme Court ruled that such ordinances were constitutional. Several northern cities were considering adopting residential segregation laws as well,' and …


Religious Freedom In Southern Africa: The Developing Jurisprudence, Richard Cameron Blake, Lonn Litchfield May 1998

Religious Freedom In Southern Africa: The Developing Jurisprudence, Richard Cameron Blake, Lonn Litchfield

BYU Law Review

No abstract provided.


The United States' Approach To International Civil Litigation: Recent Developments In Forum Selection, Stephen B. Burbank Apr 1998

The United States' Approach To International Civil Litigation: Recent Developments In Forum Selection, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


Masthead, United States-Mexico Law Journal Mar 1998

Masthead, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Judicial Reform And The Supreme Court Of Mexico: The Trajectory Of Three Years, Hector Fix-Fierro Mar 1998

Judicial Reform And The Supreme Court Of Mexico: The Trajectory Of Three Years, Hector Fix-Fierro

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Mexican Justice Towards The 21st Century: The Federal Council Of The Judicature: Formation, Branches, And Operation, Mario Melgar Adalid Mar 1998

Mexican Justice Towards The 21st Century: The Federal Council Of The Judicature: Formation, Branches, And Operation, Mario Melgar Adalid

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Past And Possible Future Of The Collective Amparo Process (Amparo Colectivo), Lucio Cabrera Acevedo Mar 1998

Past And Possible Future Of The Collective Amparo Process (Amparo Colectivo), Lucio Cabrera Acevedo

United States - Mexico Law Journal (1993-2005)

No abstract provided.


The Process Of Amparo In Commercial Matters, Carlos Loperena Ruiz Mar 1998

The Process Of Amparo In Commercial Matters, Carlos Loperena Ruiz

United States - Mexico Law Journal (1993-2005)

No abstract provided.


The Law Of Amparo: A Critical Analysis Of The Function And Uses Of The Amparo Process In International Trade Law Matters, Adrian Vazquez B. Mar 1998

The Law Of Amparo: A Critical Analysis Of The Function And Uses Of The Amparo Process In International Trade Law Matters, Adrian Vazquez B.

United States - Mexico Law Journal (1993-2005)

No abstract provided.


The Amparo Process In Mexico, Bruce Zagaris Mar 1998

The Amparo Process In Mexico, Bruce Zagaris

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Law Practice Of U.S. Attorneys In Mexico And Mexican Attorneys In The United States: A Status Report, Steven C. Nelson Mar 1998

Law Practice Of U.S. Attorneys In Mexico And Mexican Attorneys In The United States: A Status Report, Steven C. Nelson

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Privatization: A Case Analysis Of Special Legal Issues, Antonio Franck Cabrera Mar 1998

Privatization: A Case Analysis Of Special Legal Issues, Antonio Franck Cabrera

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Foreign Investment In The Financial Sector Of Mexico, Mike Lubrano Mar 1998

Foreign Investment In The Financial Sector Of Mexico, Mike Lubrano

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Some Case Studies Of Joint Ventures With Mexican Ejidos, David D. Spencer, Fernando Rivadeneyra Mar 1998

Some Case Studies Of Joint Ventures With Mexican Ejidos, David D. Spencer, Fernando Rivadeneyra

United States - Mexico Law Journal (1993-2005)

No abstract provided.


How To Use Maquiladoras In Mexico Today, Carlos Angulo Parra Mar 1998

How To Use Maquiladoras In Mexico Today, Carlos Angulo Parra

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Agricultural Disputes: Mexican Tomatoes To Florida And Washington Apples To Mexico, Michael W. Gordon, Eric Salonen, Stephen J. Powell, Patrick J. Macrory, David Hurtado Badiola, John Van Sickle Mar 1998

Agricultural Disputes: Mexican Tomatoes To Florida And Washington Apples To Mexico, Michael W. Gordon, Eric Salonen, Stephen J. Powell, Patrick J. Macrory, David Hurtado Badiola, John Van Sickle

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Fashioning An Interdisciplinary Framework For Court Reform In Family Law: A Blueprint To Construct A Unified Family Court, Barbara A. Babb Mar 1998

Fashioning An Interdisciplinary Framework For Court Reform In Family Law: A Blueprint To Construct A Unified Family Court, Barbara A. Babb

All Faculty Scholarship

Family law cases focus on some of the most intimate, emotional, and all-encompassing aspects of parties' personal lives. Based on its study of unmet legal needs of children and their families, the American Bar Association has recommended the establishment of unified family courts in all jurisdictions. This article evaluates how America's courts adjudicate family law matters and advocates systemic change by offering an interdisciplinary ecological and therapeutic approach to the creation of unified family courts. The author presents a comprehensive overview of the results of her nationwide survey determining how each state's courts handle family law matters. The results of …


Front Matter, United States-Mexico Law Journal Mar 1998

Front Matter, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.


"Intensional Contexts" And The Rule That Statutes Should Be Interpreted As Consistent With International Law, John M. Rogers Mar 1998

"Intensional Contexts" And The Rule That Statutes Should Be Interpreted As Consistent With International Law, John M. Rogers

Law Faculty Scholarly Articles

Striving for consistency—for consistency, that is, properly understood—must characterize legal reasoning in order for the reasoning to deserve to be called "legal." It may conceivably be "good" or "moral" for identically situated persons to be treated differently by institutions with power, but doing so can hardly be called "legal." Very careful attention must be given, of course, to what is meant by "identically situated," as no two different persons can be 100% identically situated. Their names, for instance, are different. By identical, we must mean no relevant distinction, or no distinction that serves a purpose that we can articulate and …


The Political Economy Of Cooperative Federalism: Why State Autonomy Makes Sense And "Dual Sovereignty" Doesn't, Roderick M. Hills Jr. Feb 1998

The Political Economy Of Cooperative Federalism: Why State Autonomy Makes Sense And "Dual Sovereignty" Doesn't, Roderick M. Hills Jr.

Michigan Law Review

It is commonplace to observe that "dual federalism" is dead, replaced by something variously called "cooperative federalism," "intergovernmental relations," or "marble-cake federalism." According to this conventional wisdom, state and local officials do not enforce merely their own laws in their distinct policymaking sphere. Rather, as analyzed in a voluminous literature, state and local governments also cooperate with the federal government in many policymaking areas, ranging from unemployment insurance to historic preservation. These nonfederal governments help implement federal policy in a variety of ways: by submitting implementation plans to federal agencies, by promulgating regulations, and by bringing administrative actions to enforce …


An Old Jurisprudence: Respect In Retrospect, Anita Bernstein Jan 1998

An Old Jurisprudence: Respect In Retrospect, Anita Bernstein

Faculty Scholarship

No abstract provided.


Holmes And The Romantic Mind, Anne Dailey Jan 1998

Holmes And The Romantic Mind, Anne Dailey

Faculty Articles and Papers

No abstract provided.