Law Commons^™

A Holy Mess: School Prayer, The Religious Freedom Restoration Act Of Texas, And The First Amendment., David S. Stolle

St. Mary's Law Journal

In Employment Division, Department of Human Resources of Oregon v. Smith, the U.S. Supreme Court held the traditional compelling state interest standard for Free Exercise Clause jurisprudence should be replaced by a new test requiring a statute or government action to be facially neutral and generally applicable. In response to Smith, Congress, relying on its Enforcement Clause powers under the Fourteenth Amendment, attempted to resurrect the compelling state interest standard by passing the Religious Freedom of Restoration Act (RFRA). In June 1999, the Texas legislature passed the Texas Religious Freedom Restoration Act (TRFRA). This Comment argues the TRFRA is unnecessary …

Mental Distress In Aviation Claims - Emergent Trends, Ruwantissa I. R. Abeyratne

Journal of Air Law and Commerce

No abstract provided.

Aircraft Noise Regulation In The European Union: The Hushkit Problem, Benedicte A. Claes

Journal of Air Law and Commerce

No abstract provided.

The Warsaw Convention Jurisdiction And The Internet, Jukka Heinonen

Journal of Air Law and Commerce

No abstract provided.

Who Really Should Have Exercised Jurisdiction Over The Military Pilots Implicated In The 1998 Italy Gondola Accident, Kimberly C. Priest-Hamilton

Journal of Air Law and Commerce

No abstract provided.

Flying Over Troubled Waters: The Collapse Of Dohsa's Historic Application To Litigation Arising From High Seas Commercial Airline Accidents, Jad J. Stepp, Michael J. Aubuchon

Journal of Air Law and Commerce

No abstract provided.

All The (Air) Rage: Legal Implications Surrounding Airline And Government Bans On Unruly Passengers In The Sky, William Mann

Journal of Air Law and Commerce

No abstract provided.

Insiders & Instrument: The Seventh Circuit's Reversal Of The Tax Court In United Cancer Council V. Commissioner, Daniel M. Ford

Case Western Reserve Law Review

No abstract provided.

Essay: Policies Of Opportunity: Fairness And Affirmative Action In The Twenty-First Century, Robert M. Berdahl

Case Western Reserve Law Review

No abstract provided.

Volume 51 Issue 2 (2000), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

Reply Essay: Civil Justice Delay And Empirical Data: A Response To Professor Heise, Carl Tobias

Case Western Reserve Law Review

No abstract provided.

Reply Essay: The Future Of Civil Justice Reform And Empirical Legal Scholarship: A Reply, Michael Heise

Case Western Reserve Law Review

No abstract provided.

Civil Justice Delay And Empirical Data: A Response To Professor Heise, Carl W. Tobias

Law Faculty Publications

One decade ago, Congress undertook an ambitious, controversial effort to reduce expense and delay in the federal civil justice system. The Civil Justice Reform Act ("CJRA") of 1990 instituted unprecedented nationwide experimentation by requiring that all ninety-four federal district courts scrutinize their civil and criminal dockets and then promulgate and apply numerous procedures which district judges believed would save cost and time in civil litigation. Congress also prescribed rigorous assessment of the six principles, guidelines, and techniques of litigation management and expense and delay reduction that federal districts in fact adopted and enforced. Lawmakers provided for an expert, independent evaluator …

Censorship Of Student Internet Speech: The Effect Of Diminishing Student Rights, Fear Of The Internet And Columbine, David L. Hudson Jr.

Law Faculty Scholarship

Analysis and examination of the case law of student Internet website speech created off campus.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 2000, Volume 5, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 2000, Volume 1, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Is America A Systematic Violator Of Human Rights In The Administration Of Criminal Justice?, Stephen C. Thaman

All Faculty Scholarship

This article focuses on vast American violations of human rights in the administration of criminal justice. It traces the development of these rights in the context of the two most pernicious human rights violations plaguing the United States: the death penalty and racism in the enforcement of criminal laws. The author calls attention to the politicization of the American justice system and its devastatingly negative impact on America’s preservation of human rights.

Can The Vice President Preside At His Own Impeachment Trial?: A Critique Of Bare Textualism, Joel K. Goldstein

All Faculty Scholarship

Turn the clock back for a moment to August 1973. In the midst of the burgeoning Watergate scandal, the nation discovered that Vice President Spiro T. Agnew was being investigated for allegedly accepting bribes from contractors, and for committing tax fraud while Governor of Maryland and Vice President. The investigation, by attorneys in the United States Attorneys Office in Maryland, ultimately gathered sufficient evidence to present to a grand jury. To avoid the spectre of likely indictment and prosecution, Agnew elected to resign his office and plead nolo contendere.[1]
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/="/">But suppose Agnew had decided not to go quietly.[2] …

Insurance Panel

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

The Exclusion Of Y2k Related Losses From Aviation Insurance Policies - Practicalities, Politics, And Legalities, Tony Pyne

Journal of Air Law and Commerce

No abstract provided.

Foreword, L. Katherine Murray

University of Richmond Law Review

The University ofRichmond Law Review is pleased to present the seventh annual Allen ChairSymposium issue. Through the generous support of the friends and family of George E. Allen, the annual symposium series provides a forum for discussion of legal issues of national and international significance. This issue ofthe Law Review is the literary complement to the symposium presentations.

Reanimator: Mark Tushnet And The Second Coming Of The Imperial Presidency, Neal Devins

University of Richmond Law Review

A world without judicial review? Not that long ago-when the Left fought tooth and nail to defend the legacy ofthe Warren and (much of the) Burger Courts-the thought of taking the Constitution away from the courts would have been horrific. Witness, for example, Edward Kennedy's depiction of "Robert Bork's America!' as "a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, [and] rogue police could break down citizens' doors in midnight raids." Bork's sin, of course, was embracing a kind of populist constitutional discourse, that is, the notion that the founders "banked …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

The Enlightenment Case For Vouchers, John O. Mcginnis

Articles

No abstract provided.

Religion And The Law In The Clinton Era: An Anti-Madisonian Legacy, Marci A. Hamilton

Articles

No abstract provided.

Images Of Justice, Lela P. Love

Articles

No abstract provided.

Adr: An Eclectic Array Of Processes, Rather Than One Eclectic Process, Lela P. Love, Kimberlee K. Kovach

Articles

When mediators try to resolve a controversy by providing their analysis of the legal – or other – merits, they are providing the service that judges, arbitrators and neutral experts provide. In essence, such endeavors use the neutral’s judgment, award or opinion to determine or jump-start a resolution. This article urges that this add-on activity to mediation should be called by its proper name. The essay highlights the advantages of calling "mediation plus evaluation" a mixed process and discusses the advantages of having an eclectic and diverse mix of processes from which parties and counsel can choose to promote party …

Information Intervention: Bosnia, The Dayton Accords, And The Seizure Of Broadcasting Transmitters, Monroe E. Price

Articles

The article examines the international community's use of media intervention in Bosnia following the Dayton Peace Accords, highlighting the establishment of mechanisms to regulate and influence media to prevent ethnic conflict. It explores the legal justifications and challenges surrounding such interventions, emphasizing the role of the Office of the High Representative (OHR) and the OSCE in promoting a pluralistic media environment. The analysis underscores the tension between international intervention and national sovereignty, raising important questions about the legal framework governing such actions.

The Evolving Judicial Role In Child Custody Disputes: From Fault Finder To Conflict Manager To Differential Case Management, Andrew Schepard

Hofstra Law Faculty Scholarship

The judiciary's role in divorce related child custody disputes has been transformed in the latter half of the twentieth century in response to the changing characteristics of American families, changing perceptions of the needs of children, and an overwhelming case load increase. The transformation occurred in two distinct phases, and a third is currently in process.

In Phase I, from the late 1960s (the beginning of widespread "no fault" divorce) to 1980, the child custody court was a fault finder functioning through adversary procedure. The court's job was to identify a single custodial parent and assign that parent primary legal …