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Articles 7021 - 7050 of 7778
Full-Text Articles in Law
Political Speech—Restrictions On Ballot-Initiative Petitions, Buckley V. American Constitutional Law Foundation, Mark L. Rienzi
Political Speech—Restrictions On Ballot-Initiative Petitions, Buckley V. American Constitutional Law Foundation, Mark L. Rienzi
Scholarly Articles
The Supreme Court has repeatedly noted that ballot and election regulations raise difficult questions about the interplay between the First Amendment's heightened protection for political speech, and states' need to regulate ballots and elections to ensure fair and orderly democracy. When making the delicate judgments between protecting political speech and allowing states to regulate elections, the Court has traditionally stated precisely which test it was employing to evaluate individual restrictions. Last Term, in Buckley v. American Constitutional Law Foundation, the Court invalidated several of Colorado's restrictions on the signature-gathering process for ballot initiative petitions. In so doing, the Court failed …
Introduction To The Symposium On Developments In Legal Externship Pedagogy, J.P. "Sandy" Ogilvy
Introduction To The Symposium On Developments In Legal Externship Pedagogy, J.P. "Sandy" Ogilvy
Scholarly Articles
No abstract provided.
Judicial Decision-Making In The Age Of Biotechnology, George P. Smith Ii
Judicial Decision-Making In The Age Of Biotechnology, George P. Smith Ii
Scholarly Articles
The major premise, minor premise, and conclusion of this Article are one and the same - for, they conduce to an acceptance of the fact that the social constructs and legal tools necessary for the modern judiciary to meet head-on and deal with the contentious issues of bioethics and biotechnology are already in place. To resolve problems arising from these potential quagmires, perhaps the major concern is for the courts to remain forever vigilant to the interlinking relationships or synergistic forces found in law, science, ethics, and medicine. Without vigilance and enhanced awareness of the dynamic and fluid situation here, …
Régime Des Cultes Et Liberté Religieuse En Europe: Relectures Américaines, Robert A. Destro
Régime Des Cultes Et Liberté Religieuse En Europe: Relectures Américaines, Robert A. Destro
Scholarly Articles
No abstract provided.
Justice And Rule Of Law In International Relations, Mortimer N.S. Sellers
Justice And Rule Of Law In International Relations, Mortimer N.S. Sellers
All Faculty Scholarship
No abstract provided.
The Kantian Theory Of Public International Law, Mortimer N.S. Sellers
The Kantian Theory Of Public International Law, Mortimer N.S. Sellers
All Faculty Scholarship
No abstract provided.
Rules, Responsibility And Commitment To Children: The New Language Of Morality In Family Law, Jane C. Murphy
Rules, Responsibility And Commitment To Children: The New Language Of Morality In Family Law, Jane C. Murphy
All Faculty Scholarship
Part One of this Article explores the meaning of morality by briefly reviewing a variety of attempts to explore the meaning of moral conduct. This Section draws on a variety of contemporary moral philosophers who have built on the classical tradition to develop a broader definition of moral behavior. This discussion provides a context for the current debate about the meaning of morality in family law and moral discourse in the no-fault era. Part One also reviews the historical debate about how law should strike a balance between promoting communitarian values and respecting autonomy and individual rights. The Article argues …
Substance Abuse, Families, And Unified Family Courts: The Creation Of A Caring Justice System, Barbara A. Babb, Judith D. Moran
Substance Abuse, Families, And Unified Family Courts: The Creation Of A Caring Justice System, Barbara A. Babb, Judith D. Moran
All Faculty Scholarship
This article proposes an approach to family law decision-making tailored to assist families plagued by substance abuse. Substance abuse is linked to social, health, and economic problems facing Americans today and is a factor for a substantial number of family law litigants. By failing to address substance abuse issues, the family repeatedly may need to seek court intervention. The unified family court model is the concept of a single court that coordinates the work of independent agencies and tribunals, each with some limited role in resolving the problems incident to a family's legal matters. Professor Babb has created an interdisciplinary …
Is The Rule Of Necessity Really Necessary In State Administrative Law: The Central Panel Solution, Arnold Rochvarg
Is The Rule Of Necessity Really Necessary In State Administrative Law: The Central Panel Solution, Arnold Rochvarg
All Faculty Scholarship
The rule of necessity is a judicial doctrine that permits a judge or agency decision maker to decide a case even if he or she would ordinarily be disqualified due to bias or prejudice . The rationale of the doctrine is that if there is no other person who can make the decision, let the biased person decide the case rather than have no decision made at all. The rule of necessity has been used in state administrative proceedings liberally despite the fact that it is widely recognized as unfair. This article analyzes current approaches to the doctrine, and after …
Beyond Black And White: Selected Writings By Asian Americans Within The Critical Race Theory Movement Perspective., Harvey Gee
St. Mary's Law Journal
A new generation of progressive intellectuals has evolved, attempting to transform the manner in which law, race, and racial power are understood and discussed in America. The latter half of the twentieth century proved to be a time of profound demographic changes. Racial and political reform policies of the post-modern Civil Rights Movement failed to fully respond to these dramatic social changes. A theory was created to address social racism because the “color-blind” model posited by the Supreme Court of the United States perpetuated racism by supporting the existing hierarchy. Critical Race Theory attempts to tackle these dramatic social changes …
Splitting The Atom Or Splitting Hairs - The Hate Crimes Prevention Act Of 1999 Note., Andrew M. Gilbert, Eric D. Marchand
Splitting The Atom Or Splitting Hairs - The Hate Crimes Prevention Act Of 1999 Note., Andrew M. Gilbert, Eric D. Marchand
St. Mary's Law Journal
Problems of bias-motivated violence plague our nation and threaten to erase the progress made during the civil rights era. Recent statistical surveys conducted by the Federal Bureau of Investigation (FBI) indicate the number of hate crimes has generally increased over the past few years. In 1996, over 11,000 individuals were victims of hate crimes—five percent more than reported the previous year. Hate crimes are not only injurious to the individual victim, but also fracture surrounding communities and create disharmony among citizens. As a result, some states implemented legislation in the 1980s to deter hate-motived crimes and a few states have …
Professor Steele's Opus, Gerald S. Reamey
Professor Steele's Opus, Gerald S. Reamey
Journal of Air Law and Commerce
No abstract provided.
Report On Aviation Safety Committee On Aeronautics Of The Association Of The Bar Of The City Of New York, Shephard W. Melzer
Report On Aviation Safety Committee On Aeronautics Of The Association Of The Bar Of The City Of New York, Shephard W. Melzer
Journal of Air Law and Commerce
No abstract provided.
Products Liability And Uprating Of Electronic Components, David W. Okey
Products Liability And Uprating Of Electronic Components, David W. Okey
Journal of Air Law and Commerce
No abstract provided.
Recent Developments In Aviation Law, Hugh R. Koss, Michael L. Rodenbaugh, Eric C. Strain
Recent Developments In Aviation Law, Hugh R. Koss, Michael L. Rodenbaugh, Eric C. Strain
Journal of Air Law and Commerce
No abstract provided.
Business-Driven Negotiations For Satellite System Coordination: Reforming The International Telecommunication Union To Increase Commercially Oriented Negotiations Over Scarce Frequency Spectrum, Roscoe M. Moore Iii
Journal of Air Law and Commerce
No abstract provided.
The War Between Attorneys And Lay Conveyancers--Empirical Evidence Says 'Cease Fire', Joyce Palomar
The War Between Attorneys And Lay Conveyancers--Empirical Evidence Says 'Cease Fire', Joyce Palomar
Faculty Articles
No abstract provided.
In The Wake Of Hopwood: An Update On Affirmative Action In The Education Arena, Carla Pratt
In The Wake Of Hopwood: An Update On Affirmative Action In The Education Arena, Carla Pratt
Faculty Articles
No abstract provided.
Gone But Not Conforming: Protecting The Abhorrent Testator From Majoritarian Cultural Norms Through Minority-Culture Arbitration, E. Gary Spitko
Gone But Not Conforming: Protecting The Abhorrent Testator From Majoritarian Cultural Norms Through Minority-Culture Arbitration, E. Gary Spitko
Case Western Reserve Law Review
No abstract provided.
Taking Future Claims Seriously: Future Claims And Successor Liability In Bankruptcy, Frederick Tung
Taking Future Claims Seriously: Future Claims And Successor Liability In Bankruptcy, Frederick Tung
Case Western Reserve Law Review
No abstract provided.
The Exception That Swallowed The Rule? Women's Medical Professional Corporation V. Voinovich And The Mental Health Exception To Post-Viability Abortion Bans, Brian D. Wassom
Case Western Reserve Law Review
No abstract provided.
Nowhere To Run, Nowhere To Hide: Augusto Pinochet, Universal Jurisdiction, The Icc, And A Wake-Up Call For Former Heads Of State, Jamison G. White
Nowhere To Run, Nowhere To Hide: Augusto Pinochet, Universal Jurisdiction, The Icc, And A Wake-Up Call For Former Heads Of State, Jamison G. White
Case Western Reserve Law Review
No abstract provided.
The Legacy Of "The Market For Corporate Control" And The Origins Of The Theory Of The Firm, William J. Carney
The Legacy Of "The Market For Corporate Control" And The Origins Of The Theory Of The Firm, William J. Carney
Case Western Reserve Law Review
No abstract provided.
Henry Manne And The Market Measure Of Intellectual Influence, George L. Priest
Henry Manne And The Market Measure Of Intellectual Influence, George L. Priest
Case Western Reserve Law Review
No abstract provided.
Enclave Districting, Henry L. Chambers, Jr.
Enclave Districting, Henry L. Chambers, Jr.
Law Faculty Publications
Congressional districting has historically fostered single-member, geographically compact districts consisting of contiguous territory and has resulted in common representation for those who live near each other. Underlying compact districting is the assumption that people living relatively close together share political interests that can be adequately served by common representation. When the United States was a sparsely populated agrarian nation and only the propertied were the enfranchised, providing common representation based on residential proximity was sensible. Over time, however, the connection between residence and political interests has diminished. In the wake of the Supreme Court's suggestion that representation should focus on …
Thin Red Line: An Analysis Of The Role Of Legal Assistants In The Chapter 13 Bankruptcy Process, David G. Epstein
Thin Red Line: An Analysis Of The Role Of Legal Assistants In The Chapter 13 Bankruptcy Process, David G. Epstein
Law Faculty Publications
The delegation by a lawyer of substantial amounts of non-ministerial functions to legal assistants raises various unauthorized practice of law issues. This Article provides an overview of the Chapter 13 bankruptcy process and state law rules regarding the unauthorized practice of law. We then discus~ these rules in the context of a typical Chapter 13 debtor practice.
Treasure Salvage And The United States Supreme Court: Issues Remaining After Brother Jonathan, John Paul Jones
Treasure Salvage And The United States Supreme Court: Issues Remaining After Brother Jonathan, John Paul Jones
Law Faculty Publications
On April 22, 1998, the United States Supreme Court announced its decision in California v. Deep Sea Research, Inc., 1 a case of shipwreck salvage begun as a maritime action in rem. Because the Court does not often accept cases of admiralty and maritime law, its decision was eagerly anticipated by American maritime lawyers and constitutionalists, both for what it might say about the Eleventh Amendment and sovereign immunity in a federal system and how it might limit Congressional power to alter the general maritime law and admiralty jurisdiction. Also anxious for the Court's decision were the few maritime lawyers …
Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1999, Organizational Session, Kentucky. General Assembly. House Of Representatives.
Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1999, Organizational Session, Kentucky. General Assembly. House Of Representatives.
Journals of the General Assembly of the Commonwealth of Kentucky
No abstract provided.