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1998

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Articles 5401 - 5430 of 7680

Full-Text Articles in Law

The Constitutionality Of Anti-Gang Legislation, Beth Bjerregaard Jan 1998

The Constitutionality Of Anti-Gang Legislation, Beth Bjerregaard

Campbell Law Review

The purpose of this article is to examine the constitutionality of anti-gang legislation within the context of the First Amendment. Specifically, the doctrines of vagueness and overbreadth and the related issue of freedom of association will be examined with respect to statutory provisions which criminalize gang participation.

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New Rules And Regulations, Constantine N. Katsoris, Richard Lindsey, Robert Mcsweeney, Eugene Lopez, Yusif Simaan, Edward Fleishmann Jan 1998

New Rules And Regulations, Constantine N. Katsoris, Richard Lindsey, Robert Mcsweeney, Eugene Lopez, Yusif Simaan, Edward Fleishmann

Fordham Journal of Corporate & Financial Law

No abstract provided.

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Reflections On Judge Donald Porter And His Contributions To Free Speech Jurisprudence, David Day Jan 1998

Reflections On Judge Donald Porter And His Contributions To Free Speech Jurisprudence, David Day

Faculty Publications

No abstract provided.

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Bonnie Heavy Runner Craig: April 10, 1951 - November 24, 1997, Brenda Desmond Jan 1998

Bonnie Heavy Runner Craig: April 10, 1951 - November 24, 1997, Brenda Desmond

Montana Law Review

Bonnie Heavy Runner Craig

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Puerto Rico 1898-1998: The Institutionalization Of Second Class Citizenship? Jan 1998

Puerto Rico 1898-1998: The Institutionalization Of Second Class Citizenship?

Penn State International Law Review (1982 - 2011)

No abstract provided.

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"Negotiate In Good Faith As To What? " An Analysis Of The Good Faith Negotiation Clause, Thomas B. Romer Jan 1998

"Negotiate In Good Faith As To What? " An Analysis Of The Good Faith Negotiation Clause, Thomas B. Romer

University of Colorado Law Review

No abstract provided.

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Trade Dress Protection For Product Configurations And The Federal Right To Copy, Margreth Barrett Jan 1998

Trade Dress Protection For Product Configurations And The Federal Right To Copy, Margreth Barrett

Faculty Scholarship

No abstract provided.

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Foreword: Cities On The Cutting Edge, David Jung Jan 1998

Foreword: Cities On The Cutting Edge, David Jung

Faculty Scholarship

No abstract provided.

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Comparative Environmental Law Perspectives On Legal Regimes For Sustainable Development, Nicholas A. Robinson Jan 1998

Comparative Environmental Law Perspectives On Legal Regimes For Sustainable Development, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

As the world's largest summit meeting ended in Rio de Janeiro in 1992, the heads of state and their representatives assembled at the United Nations Conference on Environment and Development (UNCED), commonly referred to as Agenda 21. They embraced Agenda 21 as “a dynamic programme” which can “evolve over time in the light of changing needs and circumstances,” and as a process making “the beginning of a new global partnership for sustainable development.” Agenda 21 is premised on two factual perspectives. First, the documentation of trends in the deterioration of the environmental conditions in many parts of the world is …

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The Search For A National Land Use Policy: For The Cities' Sake, Shelby D. Green Jan 1998

The Search For A National Land Use Policy: For The Cities' Sake, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

This article offers a survey of federal legislation and statements of policy that have shaped and directed land use and related phenomena, including the location of population, economic growth, and the character of urban development. Part I of this article provides a historical development of land use policies and laws, as well as presents academic and scientific theories supporting a national land use policy. Part II of this article describes patterns of urban and suburban growth and their consequences, such as the decline of the viability of cities and the loss of agricultural land. Part III discusses the government's spending …

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Teaching Upperclass Writing: Everything You Always Wanted To Know But Were Afraid To Ask, Lissa Griffin Jan 1998

Teaching Upperclass Writing: Everything You Always Wanted To Know But Were Afraid To Ask, Lissa Griffin

Elisabeth Haub School of Law Faculty Publications

A survey conducted as part of this project reveals that law schools generally require their students to have an upperclass writing experience taught or supervised by non-writing tenured or tenure-track faculty. These teachers currently bear the responsibility for assigning, supervising, reviewing, and evaluating most of the writing by upperclass students, either through substantive seminars or independent study projects. In almost all schools there is no major curricular planning, systematic instruction, faculty training, or institutional support for upperclass writing.

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A More Principled Approach To Criminalizing Negligence: A Prescription For The Legislature, Leslie Yalof Garfield Jan 1998

A More Principled Approach To Criminalizing Negligence: A Prescription For The Legislature, Leslie Yalof Garfield

Elisabeth Haub School of Law Faculty Publications

This discussion focuses on those jurisdictions that have used ordinary negligence to find criminal liability when a person uses an inherently dangerous instrument, engages in an inherently dangerous activity, or engages in conduct that poses a threat of widespread public injury. Part IV analyzes the appropriateness of permitting punishment based on ordinary negligence and concludes that it is entirely responsible to adjust criminal sanctions to respond to a fast-paced and technologically reliant culture that consciously trades due care for greater and swifter achievements. Part IV also offers a model for legislatures to follow when evaluating the appropriateness of criminalizing negligent …

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New Criticisms Of The Libel-Proof Plaintiff Doctrine , Wayne M. Serra Jan 1998

New Criticisms Of The Libel-Proof Plaintiff Doctrine , Wayne M. Serra

Cleveland State Law Review

This paper will explore the libel-proof plaintiff doctrine and examine it in light of traditional standing and jurisdictional principles. Part II of this paper discusses the origin of the libel-proof doctrine and its application. Part III explores the general requirements for diversity actions in the federal district courts, the application of state law to those actions, and the impact of the First Amendment on state libel law. Part IV discusses standing to sue principles and analyzes the libel-proof plaintiff doctrine in light of those principles. Part V discusses some criticisms of the libel-proof plaintiff doctrine. Finally, Part VI concludes that …

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Destination Unknown: Does The Internet's Lack Of Physical Situs Preclude State And Federal Attempts To Regulate It , Christopher S.W. Blake Jan 1998

Destination Unknown: Does The Internet's Lack Of Physical Situs Preclude State And Federal Attempts To Regulate It , Christopher S.W. Blake

Cleveland State Law Review

This Note summarizes recent tests of state and federal Internet content regulations and analyzes the impact the Internet's incompatibility with "real space" geography had or might have had on the courts' reasoning. To some extent, it posits what problems the incompatibility poses for impending legislation. In the midst of such discussion, this Note opines that state and federal regulations of the Internet could conceivably both fail Constitutional muster, due specifically to the internet's physical shortcomings. Part II of this Note offers a background of the Internet's different communication capacities and describes its conflicts with geography. Part III summarizes the courts' …

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Where We Have Been, And Where We Might Be Going: Some Cautionary Reflections On Rape Law Reform, The Sixty-Eighth Cleveland-Marshall Fund Lecture , Joshua Dressler Jan 1998

Where We Have Been, And Where We Might Be Going: Some Cautionary Reflections On Rape Law Reform, The Sixty-Eighth Cleveland-Marshall Fund Lecture , Joshua Dressler

Cleveland State Law Review

We should always be looking to see where we are, how we got there, and where we appear to be going. My purpose in this article has been to ask those questions in the context of rape law. In evaluating rape reform, I have tried to be fair-minded and balanced in my observations. I have suggested areas in which the law should go further to protect against sexual misconduct, but I have also expressed my belief that rape law reform threatens to move in undesirable directions. In particular, I have argued that there is a risk that courts will follow …

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The Tax Status Of Ohio Property Used For Low-Income Housing, Christopher P. Conomy Jan 1998

The Tax Status Of Ohio Property Used For Low-Income Housing, Christopher P. Conomy

Cleveland State Law Review

This Note argues that the rule denying property tax exemption to low-income housing units is improper. The rule is improper in three significant regards. First, as a matter of social and public policy, the rule is misguided, because it hinders the fulfillment of an important need in Ohio and in American society at large. Second, as a purely legal matter, the original rule denying exemption for these properties resulted as a mistaken application of the existing law regarding the definition of "charitable" use. The third, and most compelling reason, is that the legal basis underlying the original rule has undergone …

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What Is A Vessel - A Three Prong Approach, Jeff Nemerofsky Jan 1998

What Is A Vessel - A Three Prong Approach, Jeff Nemerofsky

Cleveland State Law Review

In the context of United States admiralty law, the definition of the word "vessel" has different meanings depending upon which statute has jurisdiction, the nature of the circumstances, and the characteristics of the person involved. There is no settled definition of the word. The Jones Act is a statute designed to cover seamen injured by the negligent acts of their employer, and is indicative of other admiralty statutes which, by their lack of a specific definition of the word "vessel," have created controversy in the judicial system. This comment proposes a three prong test that suggests several criteria to be …

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The Justice Who Wouldn't Be Lutheran: Toward Borrowing The Wisdom Of Faith Traditions, Marie A. Failinger Jan 1998

The Justice Who Wouldn't Be Lutheran: Toward Borrowing The Wisdom Of Faith Traditions, Marie A. Failinger

Cleveland State Law Review

Only a few legal scholars have attempted to work out what jurisprudence might look like if lawmakers and judges took their religious world-views seriously-and explicitly-in their work, in a way respectful of "the fact of pluralism." My task is to imagine the concrete case: what a judge's jurisprudence might look like if a judge considered the wisdom of his own religious tradition in constitutional cases. This article explores broad jurisprudential themes and specific First Amendment and social welfare opinions of Justice William Rehnquist, who for some years has been a member of a Lutheran congregation, my own denomination. While Justice …

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The Unauthorized Dissemination Of Celebrity Images On The Internet ... In The Flesh, Navin Katyal Jan 1998

The Unauthorized Dissemination Of Celebrity Images On The Internet ... In The Flesh, Navin Katyal

Cleveland State Law Review

This paper will explore and analyze the unauthorized use and dissemination of celebrity images over the Internet as a violation of the copyrights of either the celebrity themselves, or the cinematographic' rights of the film production studio(s). The analysis will focus on the Copyright Act of both Canada and the United States and will be covered in three parts. Part I will define the basic nomenclature of the Internet and explain the applicability of copyright law to the Internet. Part II will focus on methods in which the celebrity and film studio can protect their copyright 'On-line' through the American-defined …

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The Future Of Affirmative Action: The Legal Imperative Nationally And The Ohio Experience, Jack P. Desario, Thomas L. Colaluca, Gina A. Kuhlman Jan 1998

The Future Of Affirmative Action: The Legal Imperative Nationally And The Ohio Experience, Jack P. Desario, Thomas L. Colaluca, Gina A. Kuhlman

Cleveland State Law Review

This presentation of the legal future of affirmative action will be divided into five sections. The introductory material serves as a general introduction to the issues. The second section will review the origins and evolution of affirmative action. This section will also attempt to provide a definition of this complex concept. The third will provide a detailed analysis of Regents of the University of California v. Bakke. Bakke represents the Supreme Court's first attempt to resolve the legal complexities of affirmative action. The Court's holdings in Bakke have shaped the debate for over 20 years. The fourth segment of this …

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When Something Wicked This Way Comes: Evolving Standards Of Indecency - Thompson And Stanford Revisited , Jennifer L. Whitney Jan 1998

When Something Wicked This Way Comes: Evolving Standards Of Indecency - Thompson And Stanford Revisited , Jennifer L. Whitney

Cleveland State Law Review

If the death penalty becomes an option for children under sixteen, the unavoidable conclusion must be that we have reverted back to colonial theories of punishment. The issue facing the nation will again become at what age to draw the line. In this article I argue that, as a society, we must prevent such executions and refute claims that, as a result of the failure of the juvenile justice system to rehabilitate killers before they kill, a consensus in favor of reducing the minimum age of execution has evolved. Part II of this note presents the theories of colonial crime …

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Ruminations On In Re Kasinga: The Decision's Legacy, Karen Musalo Jan 1998

Ruminations On In Re Kasinga: The Decision's Legacy, Karen Musalo

Faculty Scholarship

No abstract provided.

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Sentencing In England: The Rise Of Populist Punishment, Aaron J. Rappaport Jan 1998

Sentencing In England: The Rise Of Populist Punishment, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.

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Path Dependent Inefficiency In The Corporate Contract: The Uncertain Case With Less Certain Implications, Frederick Lambert Jan 1998

Path Dependent Inefficiency In The Corporate Contract: The Uncertain Case With Less Certain Implications, Frederick Lambert

Faculty Scholarship

No abstract provided.

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The Developing Jurisprudence On Amnesty, Naomi Roht-Arriaza, Lauren Gibson Jan 1998

The Developing Jurisprudence On Amnesty, Naomi Roht-Arriaza, Lauren Gibson

Faculty Scholarship

No abstract provided.

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Toward A Reconstructive Feminism: Reconstructing The Relationship Of Market Work And Family Work, Joan C. Williams Jan 1998

Toward A Reconstructive Feminism: Reconstructing The Relationship Of Market Work And Family Work, Joan C. Williams

Faculty Scholarship

No abstract provided.

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Legal Education Then And Now: Changing Patterns In Legal Training And In The Relationship Of Law Schools To The World Around Them, Joan C. Williams, Bob Gordon, Jack Schlegel, James May Jan 1998

Legal Education Then And Now: Changing Patterns In Legal Training And In The Relationship Of Law Schools To The World Around Them, Joan C. Williams, Bob Gordon, Jack Schlegel, James May

Faculty Scholarship

No abstract provided.

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Do Women Need Special Treatment? Do Feminists Need Equality?, Joan C. Williams Jan 1998

Do Women Need Special Treatment? Do Feminists Need Equality?, Joan C. Williams

Faculty Scholarship

No abstract provided.

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Some Observations On The Juvenile Commitment Cases: Reconceptualizing What The Child Has At Stake, James W. Ellis Jan 1998

Some Observations On The Juvenile Commitment Cases: Reconceptualizing What The Child Has At Stake, James W. Ellis

Faculty Scholarship

These remarks will focus on the constitutional issues surrounding the treatment and habilitation of children with mental disabilities. I believe that we need to rethink the premises on which we construct our analysis of these problems, and it will surprise few in this audience that I conclude the Supreme Court of the United States did not get it precisely right.

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A Nineteenth Century Habeas Corpus Mill: The Chinese Before The Federal Courts In California, Christian G. Fritz Jan 1998

A Nineteenth Century Habeas Corpus Mill: The Chinese Before The Federal Courts In California, Christian G. Fritz

Faculty Scholarship

Law has long been acknowledged as central to the Chinese experience in nineteenth century America, but legal historians have only recently shown a revived interest in this subject. Most of this renewed interest has focused on the experience of the Chinese before the courts and their efforts as a beleaguered minority to secure judicial protection from the discrimination they faced. Nonetheless, relatively little attention has been given to the many thousands of habeas corpus cases brought by the Chinese after 1882 in California's federal courts. San Francisco's federal judges sought to hear Chinese habeas corpus cases with judicial fairness and …

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