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1998

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Articles 331 - 360 of 7674

Full-Text Articles in Law

Of The Civil Code And Us, Robert Anthony Pascal Nov 1998

Of The Civil Code And Us, Robert Anthony Pascal

Louisiana Law Review

No abstract provided.


Wartelle V. Women's And Children's Hospital: A Fate Worse Than Wrongful Death: Legal Nonexistence For The Stillborn Child, Deborah Johnson Juneau Nov 1998

Wartelle V. Women's And Children's Hospital: A Fate Worse Than Wrongful Death: Legal Nonexistence For The Stillborn Child, Deborah Johnson Juneau

Louisiana Law Review

No abstract provided.


Theriot V. Bourg: The Demise Of The Business Judgment Rule In Louisiana?, Thomas M. Mceachin Nov 1998

Theriot V. Bourg: The Demise Of The Business Judgment Rule In Louisiana?, Thomas M. Mceachin

Louisiana Law Review

No abstract provided.


The Mental Element Required For Accomplice Liability: A Topic Note, Candace Courteau Nov 1998

The Mental Element Required For Accomplice Liability: A Topic Note, Candace Courteau

Louisiana Law Review

No abstract provided.


Metro-North Commuter Railroad Co. V. Buckley, Richard B. Montgomery Iv Nov 1998

Metro-North Commuter Railroad Co. V. Buckley, Richard B. Montgomery Iv

Louisiana Law Review

No abstract provided.


Fathers And Parental Leave Revisited, Martin H. Malin Nov 1998

Fathers And Parental Leave Revisited, Martin H. Malin

Northern Illinois University Law Review

This article continues the author's work on parental leave and fathers' involvement with their children in light of several years under the Family and Medical Leave Act. It discusses why paternal involvement is important to children, fathers and mothers. It also explores the link between fathers' taking parental leave and their later involvement in the lives of their children. It focuses on two barriers to paternal use of parental leave: economics and workplace hostility. It examines developments under collective bargaining agreements, unemployment compensation laws and the FMLA. It finds that evolving arbitral interpretations of collective bargaining agreements and judicial interpretations …


Neonaticide: Less Than Murder?, James J. Dvorak Nov 1998

Neonaticide: Less Than Murder?, James J. Dvorak

Northern Illinois University Law Review

This comment examines the crime of infanticide. The comment includes a brief history of infanticide and an explanation of how the crime is treated in common law countries. A comparison of the United States and other common law countries leads the author to suggest that the United States should adopt an infanticide statute similar to that of other common law countries.


Vol. 19, No. 1 Fall 1998: Table Of Contents, Northern Illinois University Law Review Nov 1998

Vol. 19, No. 1 Fall 1998: Table Of Contents, Northern Illinois University Law Review

Northern Illinois University Law Review

No abstract provided.


Why Basic Liberties Are Bilateral, James W. Nickel Nov 1998

Why Basic Liberties Are Bilateral, James W. Nickel

Articles

No abstract provided.


Remedies And The Psychology Of Ownership, Jeffrey J. Rachlinski, Forest Jourden Nov 1998

Remedies And The Psychology Of Ownership, Jeffrey J. Rachlinski, Forest Jourden

Vanderbilt Law Review

It is surprising that there are cases like Boomer v. Atlantic Cement Co.I The plaintiffs in Boomer were eight homeowners seeking injunctive relief against the dust and noise produced by a neighboring cement plant, the Atlantic Cement Company. The trial court declared Atlantic Cement a nuisance, but refused to enjoin the plant's operations. Instead, the court awarded monetary damages to the plaintiffs for the loss in value to their property attributable to the defendant's activities. The dissatisfied plaintiffs appealed, but ultimately New York's highest court declared that they were not entitled to injunctive relief. That the plaintiffs sued the plant …


Protecting Religious Liberty In The Next Millenium: Should We Amend The Religion Clauses Of The Constitution, Robert P. George Nov 1998

Protecting Religious Liberty In The Next Millenium: Should We Amend The Religion Clauses Of The Constitution, Robert P. George

Loyola of Los Angeles Law Review

No abstract provided.


Line Drawing, Doctrine, And Efficiency In The Tax Law, David A. Weisbach Nov 1998

Line Drawing, Doctrine, And Efficiency In The Tax Law, David A. Weisbach

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.


The Treaty Power And American Federalism, Curtis A. Bradley Nov 1998

The Treaty Power And American Federalism, Curtis A. Bradley

Michigan Law Review

For much of this century, American foreign affairs law has assumed that there is a sharp distinction between what is foreign and what is domestic, between what is external and what is internal. This assumption underlies a dual regime of constitutional law, in which federal regulation of foreign affairs is subject to a different, and generally more relaxed, set of constitutional restraints than federal regulation of domestic affairs. In what is perhaps its most famous endorsement of this proposition, the Supreme Court stated in 1936 that "the federal power over external affairs [is] in origin and essential character different from …


Equal Rights, Special Rights, And The Nature Of Antidiscrimination Law, Peter J. Rubin Nov 1998

Equal Rights, Special Rights, And The Nature Of Antidiscrimination Law, Peter J. Rubin

Michigan Law Review

Despite the continued belief held by most Americans that certain characteristics should not form the basis for adverse decisions about individuals in employment, housing, public accommodations, and the provision of a wide range of governmental and private services and opportunities, antidiscrimination laws have increasingly come under attack on the ground that they provide members of the group against whom discrimination is forbidden with "special rights." The "special rights" objection has been voiced most strongly, but not exclusively, against laws that seek to prohibit discrimination on the basis of sexual orientation. This line of attack has not always been effective, but …


Recent Books, Michigan Law Review Nov 1998

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.


Reflecting On The Subject: A Critique Of The Social Influence Conception Of Deterrence, The Broken Windows Theory, And Order-Maintenance Policing New York Style, Bernard E. Harcourt Nov 1998

Reflecting On The Subject: A Critique Of The Social Influence Conception Of Deterrence, The Broken Windows Theory, And Order-Maintenance Policing New York Style, Bernard E. Harcourt

Michigan Law Review

In 1993, New York City began implementing the quality-of-life initiative, an order-maintenance policing strategy targeting minor misdemeanor offenses like turnstile jumping, aggressive panhandling, and public drinking. The policing initiative is premised on the broken windows theory of deterrence, namely the hypothesis that minor physical and social disorder, if left unattended in a neighborhood, causes serious crime. New York City's new policing strategy has met with overwhelming support in the press and among public officials, policymakers, sociologists, criminologists and political scientists. The media describe the "famous" Broken Windows essay as "the bible of policing" and "the blueprint for community policing." Order-maintenance …


A Theory Of Customary International Law, Eric A. Posner, Jack L. Goldsmith Nov 1998

A Theory Of Customary International Law, Eric A. Posner, Jack L. Goldsmith

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.


Measuring The Deterrent Effect Of Punitive Damages, Theodore Eisenberg Nov 1998

Measuring The Deterrent Effect Of Punitive Damages, Theodore Eisenberg

Cornell Law Faculty Publications

Professor Viscusi's article differs from the dominant mode of law and economics scholarship on punitive damages. The usual punitive damages article contains purely theoretical considerations about when punitive damages are appropriate and about their optimal level; no effort is made to ascertain whether the existing pattern of punitive awards corresponds with the theory. This is part of a larger problem: the dearth of empirical evidence in law and economics scholarship. Viscusi, on the other hand, provides empirical tests of whether punitive damages accomplish their goals, and he makes creative use of publicly available data sources. For the goal of his …


Feminist Legal Theory, Feminist Lawmaking, And The Legal Profession, Elizabeth M. Schneider, Cynthia Grant Nov 1998

Feminist Legal Theory, Feminist Lawmaking, And The Legal Profession, Elizabeth M. Schneider, Cynthia Grant

Faculty Scholarship

No abstract provided.


Panel Rejects Ninth Circuit Split, Carl W. Tobias Nov 1998

Panel Rejects Ninth Circuit Split, Carl W. Tobias

Law Faculty Publications

No abstract provided.


Title Page, North Carolina Law Review Nov 1998

Title Page, North Carolina Law Review

North Carolina Law Review

No abstract provided.


Table Of Contents--Issue 1, North Carolina Law Review Nov 1998

Table Of Contents--Issue 1, North Carolina Law Review

North Carolina Law Review

No abstract provided.


In Appreciation: Paul G. Haskell, Judith Welch Wegner Nov 1998

In Appreciation: Paul G. Haskell, Judith Welch Wegner

North Carolina Law Review

No abstract provided.


The Population Crisis: The Stork, The Plow, And The Irs, Mona L. Hymel Nov 1998

The Population Crisis: The Stork, The Plow, And The Irs, Mona L. Hymel

North Carolina Law Review

No abstract provided.


The Lawfulness Of Romer V. Evans, H. Jefferson Powell Nov 1998

The Lawfulness Of Romer V. Evans, H. Jefferson Powell

North Carolina Law Review

No abstract provided.


Sex In The Oval Office And Cover-Up Under Oath: Impeachable Offense, Daniel H. Pollitt Nov 1998

Sex In The Oval Office And Cover-Up Under Oath: Impeachable Offense, Daniel H. Pollitt

North Carolina Law Review

No abstract provided.


Enacting A Health Information Confidentiality Law: Can Congress Beat The Deadline, Bartley L. Barefoot Nov 1998

Enacting A Health Information Confidentiality Law: Can Congress Beat The Deadline, Bartley L. Barefoot

North Carolina Law Review

No abstract provided.


Why There Is No Defense Of Punitive Damages, W. Kip Viscusi Nov 1998

Why There Is No Defense Of Punitive Damages, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

This paper is a response to the comments by David Luban and Theodore Eisenberg on my article on punitive damages to be published in the Georgetown Law Journal (1998) and entitled "The Social Costs of Punitive Damages against Corporations in Environmental and Safety Tort." Neither of these authors presents any evidence indicating that there is a determent effect of punitive damages. They suggest, however, that there could be retribution objectives or other rationales for punitive damages. In addition, they claim that punitive damages are predictable and that cognitive biases may not tilt juries against corporations. This paper reviews these diverse …


Professional Secrecy And Its Exceptions: Spaulding V. Zimmerman Revisited, Roger C. Cramton, Lori P. Knowles Nov 1998

Professional Secrecy And Its Exceptions: Spaulding V. Zimmerman Revisited, Roger C. Cramton, Lori P. Knowles

Cornell Law Faculty Publications

No abstract provided.


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.