Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

1998

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 1411 - 1440 of 7679

Full-Text Articles in Law

The Constitutionalism Of Mary Ann Glendon, Donald P. Kommers Jul 1998

The Constitutionalism Of Mary Ann Glendon, Donald P. Kommers

Journal Articles

Mary Ann Glendon is an accomplished legal scholar whose books and essays in the field of marriage and family law have received universal acclaim among her peers in the legal academy. More recently, and particularly in the last decade, she has emerged as a notable public intellectual. In this capacity, she has focused her careful reflections on topics such as abortion, religious liberty, social welfare legislation, the changing nature of the legal profession, and the condition of political discourse in America. One of the things that makes her recent work, as well as her earlier publications on family law, so …

Go to article

Unconscious Racism And The Criminal Law, Sheri Johnson Jul 1998

Unconscious Racism And The Criminal Law, Sheri Johnson

Cornell Law Faculty Publications

No abstract provided.

Go to article

Managed Care, Assisted Suicide, And Vulnerable Populations, M. Cathleen Kaveny Jul 1998

Managed Care, Assisted Suicide, And Vulnerable Populations, M. Cathleen Kaveny

Journal Articles

While advocates of physician assisted suicide consider it a core aspect of individual autonomy legalizing the practice is extremely dangerous and puts the most vulnerable members of our society at risk. Legalized physician assisted suicide takes away the autonomy of the decision to die and makes it an option in a flawed healthcare system, where patients are often denied coverage for medical expenses by employer-sponsored benefit plans and medical insurers are concerned primarily with cutting costs spent on each patient. Complexities in the way that physicians are compensated under the current system of managed care is also eroding their responsibility …

Go to article

Comment: Liberty, Prosperity, And A Strong Judicial Institution, Stephen G. Breyer Jul 1998

Comment: Liberty, Prosperity, And A Strong Judicial Institution, Stephen G. Breyer

Law and Contemporary Problems

No abstract provided.

Go to article

Foreword, Philip S. Anderson Jul 1998

Foreword, Philip S. Anderson

Law and Contemporary Problems

No abstract provided.

Go to article

Separating Judicial Power, David P. Currie Jul 1998

Separating Judicial Power, David P. Currie

Law and Contemporary Problems

Currie outlines the development of the status of judges in England and in the US, with a brief reference to the German system. He also discusses some of the more important controversies over judicial independence and accountability that have arisen under the US Constitution.

Go to article

Interbranch Accountability In State Government And The Constitutional Requirement Of Judicial Independence, Peter M. Shane Jul 1998

Interbranch Accountability In State Government And The Constitutional Requirement Of Judicial Independence, Peter M. Shane

Law and Contemporary Problems

No abstract provided.

Go to article

Comment, Ernest A. Finney Jr. Jul 1998

Comment, Ernest A. Finney Jr.

Law and Contemporary Problems

No abstract provided.

Go to article

Judicial Discipline And Judicial Independence, Steven Lubet Jul 1998

Judicial Discipline And Judicial Independence, Steven Lubet

Law and Contemporary Problems

The question of judicial accountability and independence arises primarily in the context of state courts. When it comes to accountability, it is state judges who must be concerned about threates to their independence.

Go to article

Comment: Judicial Accountability And Discipline, Wendell L. Griffen Jul 1998

Comment: Judicial Accountability And Discipline, Wendell L. Griffen

Law and Contemporary Problems

The judicial disciplinary process and the specter of politically motivated misconduct allegations against state judges poses an important challenge to judicial independence.

Go to article

Comment: Judicial Selection And Decisional Independence, Harold See Jul 1998

Comment: Judicial Selection And Decisional Independence, Harold See

Law and Contemporary Problems

To protect the decisional independence of judges without disturbing the proper balance of control on the exercise of judicial power, substantive reforms to the selection processes should include adjustments in judicial term length, responsible campaign finance reform and efforts to assure public understanding of the role of the judiciary in the government structure of the US.

Go to article

On Not Making Law, Mitu Gulati, C. M. A. Mccauliff Jul 1998

On Not Making Law, Mitu Gulati, C. M. A. Mccauliff

Law and Contemporary Problems

Having argued that it is important to think about court norms, Gulati and McCauliff describe data on the publication practices of the various circuits. The data suggest that there are radical differences in the norms.

Go to article

Judging Rules, Ruling Judges, Stephen C. Yeazell Jul 1998

Judging Rules, Ruling Judges, Stephen C. Yeazell

Law and Contemporary Problems

Bureaucracy and complexity are not pejorative terms, but they are limiting terms, and it makes sense to examine the limitations that inhere in them. The US needs to return from a system of judicially created rules back to a system of judicially scrutinized rules.

Go to article

Journal Staff Jul 1998

Journal Staff

Law and Contemporary Problems

No abstract provided.

Go to article

An Essay On Uncertainty And Fact-Finding In Civil Litigation, With Special Reference To Contract Cases, Alex Stein Jul 1998

An Essay On Uncertainty And Fact-Finding In Civil Litigation, With Special Reference To Contract Cases, Alex Stein

Faculty Scholarship

No abstract provided.

Go to article

Aboriginal Rights, Aboriginal Culture, And Protection, Gordon Christie Jul 1998

Aboriginal Rights, Aboriginal Culture, And Protection, Gordon Christie

Osgoode Hall Law Journal

There is a common perception that elements of mainstream society are disrespectful of Aboriginal culture. This article argues that developments in the law offer promise for the protection of Aboriginal "intellectual products," manifestations of Aboriginal culture reflecting their world-view. What Aboriginal peoples would like to see protected, however, are not so much words, pictures, or acts but rather the values, beliefs, and principles that give these meaning. Such, the author argues, are best protected by mechanisms internal to Aboriginal communities. Furthermore, the lack of such mechanisms would not justify the intrusion of Canadian law, but rather raises a call within …

Go to article

The Application Of The Spanish Model In The Constitutional Transitions In Central And Eastern Europe, Luis López Guerra Jul 1998

The Application Of The Spanish Model In The Constitutional Transitions In Central And Eastern Europe, Luis López Guerra

Cardozo Law Review

No abstract provided.

Go to article

The Search For Global Standards, Jayne W. Barnard Jul 1998

The Search For Global Standards, Jayne W. Barnard

Popular Media

No abstract provided.

Go to article

The Taxation Of Prejudgment Interest In Personal Injury Cases, Brent B. Nicholson Jul 1998

The Taxation Of Prejudgment Interest In Personal Injury Cases, Brent B. Nicholson

Montana Law Review

The Taxation of Prejudgment Interest in Personal Injury Cases

Go to article

Decius S. Wade's The Common Law, Andrew P. Morris Jul 1998

Decius S. Wade's The Common Law, Andrew P. Morris

Montana Law Review

Decius S. Wade's The Common Law

Go to article

The Last Best Place To Die: Physician-Assisted Suicide And Montana's Constitutional Right To Personal Autonomy Privacy, Scott A. Fisk Jul 1998

The Last Best Place To Die: Physician-Assisted Suicide And Montana's Constitutional Right To Personal Autonomy Privacy, Scott A. Fisk

Montana Law Review

The Last Best Place to Die: Physician-Assisted Suicide and Montana's Constitutional Right to Personal Autonomy Privacy

Go to article

Négligence, Victimes Indirectes Et Préjudice Moral En Common Law: Les Limites A La Réparation Se Justifient-Elles?, Louise Belanger-Hardy Jul 1998

Négligence, Victimes Indirectes Et Préjudice Moral En Common Law: Les Limites A La Réparation Se Justifient-Elles?, Louise Belanger-Hardy

Osgoode Hall Law Journal

Common law courts have traditionally been reluctant to award damages for emotional harm. This is particularly true in cases of secondary victims of negligence. Preoccupied by the fear of fraudulent claims or the danger of opening the floodgates, courts strive to limit the scope of liability in these circumstances. But how legitimate is the reasoning that has served to support such a restrictive analysis of the decision to award damages for emotional harm? The author explores the limitations of the Canadian courts' current approach and analyzes the basis of their concern. She concludes that not only do the beliefs espoused …

Go to article

L'Indépendance Judiciaire Et La Cour Suprême: Reconstruction Historique Douteuse Et Théorie Constitutionnelle De Complaisance, Jean Leclair, Yves-Marie Morissette Jul 1998

L'Indépendance Judiciaire Et La Cour Suprême: Reconstruction Historique Douteuse Et Théorie Constitutionnelle De Complaisance, Jean Leclair, Yves-Marie Morissette

Osgoode Hall Law Journal

The recent decision of the Supreme Court of Canada in the Reference re: Remuneration of Judges in the Provincial Court of Prince Edward Island has given judicial independence a surprising interpretation. A majority of the Court stated that this principle requires legislative bodies to establish independent procedures for setting judicial salaries. The Court maintained that the basis of judicial independence is to be found in the preamble of the Constitution Act, 1867, rather than the express provisions of the constitutional text. The authors argue in Part I of this article that the Court transformed fundamentally and without reason traditional conceptions …

Go to article

Financing Of Litigation By Third-Party Investors: A Share Of Justice?, Poonam Puri Jul 1998

Financing Of Litigation By Third-Party Investors: A Share Of Justice?, Poonam Puri

Osgoode Hall Law Journal

This article addresses the issue of the funding of civil litigation within the framework of access to justice and the normative goal of increasing access to the civil justice system. The author critically analyzes and cautiously advances the case for the recent development of the financing of litigation by third-party investors. The argument is that investor financing has the potential to increase access to the civil justice system by ameliorating the economic barriers to litigation. The author evaluates investor financing against existing public and private models of financing litigation such as legal aid plans, litigation subsidy funds, and contingent fee …

Go to article

The Division Of Labour: An Examination Of Certification Requirements, Gary Svirsky Jul 1998

The Division Of Labour: An Examination Of Certification Requirements, Gary Svirsky

Osgoode Hall Law Journal

Under Canadian and American labour law, organized workers must be divided into bargaining units. In order to negotiate with employers on behalf of workers, these bargaining units must be certified. This entails receiving the approval of the appropriate labour relations board. The author argues that this requirement informs the outcomes of collective bargaining. This article takes the position that certification is a subtle method for maintaining the existing social order and the consequent distribution of power, without actually appearing to do so. Certification can be understood as a tool for fragmenting the potential power of labour's unity. The present analysis …

Go to article

A Generation Of Human Rights: Looking Back To The Future, Rosalie Silberman Abella Jul 1998

A Generation Of Human Rights: Looking Back To The Future, Rosalie Silberman Abella

Osgoode Hall Law Journal

The author traces the development of human rights in North America since the Second World War, and examines the socio-political environment in which these developments took place. In examining what appears to be an existing backlash against the earlier vigorous pursuit of rights for disadvantaged groups, the author distinguishes between civil liberties and human rights, and focuses on how a preoccupation with civil liberties is impeding the ability to promote human rights. She concludes by discussing the evolution of human rights for women this generation, and observes that while there have been significant gains, especially numerically, there has also been …

Go to article

Let's Not Bury Terry: A Call For Rejuvenation Of The Proportionality Principle, Christopher Slobogin Jul 1998

Let's Not Bury Terry: A Call For Rejuvenation Of The Proportionality Principle, Christopher Slobogin

Vanderbilt Law School Faculty Publications

Thirty years ago, "Terry v. Ohio" established a conceptual framework for the Fourth Amendment that makes more sense than any alternative the courts or commentators have come up with since. That frame-work, which I call the proportionality principle, is very simple: a search or seizure is reasonable if the strength of its justification is roughly proportionate to the level of intrusion associated with the police action. As the Court put it, "there is 'no ready test for determining reasonableness other than by balancing the need to search or seize against the invasion which the search or seizure entails.' In "Terry" …

Go to article

On Misusing “Revolution” And “Reform”: Procedural Due Process And The New Welfare Act, Cynthia R. Farina Jul 1998

On Misusing “Revolution” And “Reform”: Procedural Due Process And The New Welfare Act, Cynthia R. Farina

Cornell Law Faculty Publications

After a long dry spell, the debate over procedural due process flows again. The Supreme Court has announced the first major doctrinal revision in years; Congress has gutted the regulatory program that underlay Goldberg v. Kelly; and Richard Pierce has published an essay in the Columbia Law Review prophesying a radical de-evolution of due process doctrine that will bring constitutional law into line with the profound political and social revolution evidenced by welfare “reform.” My essay takes Professor Pierce's recent work as a springboard for reengaging the debate about the direction of procedural due process. I begin by recapitulating …

Go to article

Where's Dolan? Exactions Law In 1998, Jonathan M. Davidson, Ronald H. Rosenberg, Michael C. Spata Jul 1998

Where's Dolan? Exactions Law In 1998, Jonathan M. Davidson, Ronald H. Rosenberg, Michael C. Spata

Faculty Publications

No abstract provided.

Go to article

Remedies For The Misappropriation Of Intellectual Property By State And Municipal Governments Before And After Seminole Tribe: The Eleventh Amendment And Immunity Doctrines, Paul J. Heald, Michael L. Wells Jul 1998

Remedies For The Misappropriation Of Intellectual Property By State And Municipal Governments Before And After Seminole Tribe: The Eleventh Amendment And Immunity Doctrines, Paul J. Heald, Michael L. Wells

Scholarly Works

Part I of this Article addresses relief available to intellectual property owners under the Takings Clause of the Fifth Amendment. Before Congress's express abrogation of state sovereign immunity in 1992, federal, state, and local governments were nonetheless potentially liable for misappropriations of intellectual property that constituted takings without just compensation. This examination of the Supreme Court's Fifth Amendment jurisprudence is also key to answering the critical question of whether federal patent, copyright, and trademark laws establish rights in “property” for the purposes of the Fourteenth Amendment, for only under section 5 of the Fourteenth Amendment may Congress abrogate a state's …

Go to article

First Prev Next Last