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2001

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Articles 8971 - 9000 of 9172

Full-Text Articles in Law

The Return Of The Standard Of Civilization, David P. Fidler Jan 2001

The Return Of The Standard Of Civilization, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


The Changing Shape Of Government, Alfred C. Aman, Steve Savas, Elliott Sclar, Lester Salamon, Charles Sabel Jan 2001

The Changing Shape Of Government, Alfred C. Aman, Steve Savas, Elliott Sclar, Lester Salamon, Charles Sabel

Articles by Maurer Faculty

Gillian E. Metzger, Alfred C. Aman Jr., Charles F. Sabel, Lester M. Salamon, E.S. Savas and Elliot D. Sclar participate in panel discussions focusing on the question of how to secure government accountability in the context of the expansion of privatization in government? This panel discusses some of the changes we are seeing in government institutions and in the ways government operates. The panelists describe ways in which the move toward privatization and the expansion of the gray area between public and private is occurring, but also will talk about changes we may see as being particularly useful in dealing …


Privatization And The Democracy Problem In Globalization: Making Markets More Accountable Through Administrative Law, Alfred C. Aman Jan 2001

Privatization And The Democracy Problem In Globalization: Making Markets More Accountable Through Administrative Law, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.


Gender Based Violence As Judicial Anomaly: Between "The Truly National And The Truly Local", Deborah M. Weissman Jan 2001

Gender Based Violence As Judicial Anomaly: Between "The Truly National And The Truly Local", Deborah M. Weissman

Faculty Publications

No abstract provided.


The Privatization Of The Civil Commitment Process And The State Action Doctrine: Have The Mentally Ill Been Systematically Stripped Of Their Fourteenth Amendment Rights?, William Brooks Jan 2001

The Privatization Of The Civil Commitment Process And The State Action Doctrine: Have The Mentally Ill Been Systematically Stripped Of Their Fourteenth Amendment Rights?, William Brooks

Scholarly Works

No abstract provided.


Incorporating Bar Pass Strategies Into Routine Teaching Practices, Suzanne Darrow-Kleinhaus Jan 2001

Incorporating Bar Pass Strategies Into Routine Teaching Practices, Suzanne Darrow-Kleinhaus

Scholarly Works

No abstract provided.


Bah, Humbug To The Bleak Story Of Women Law Faculty: A Response To Professor Neumann, Dan Subotnik Jan 2001

Bah, Humbug To The Bleak Story Of Women Law Faculty: A Response To Professor Neumann, Dan Subotnik

Scholarly Works

No abstract provided.


Discrimination Cases In The 2000 Term, Eileen Kaufman Jan 2001

Discrimination Cases In The 2000 Term, Eileen Kaufman

Scholarly Works

No abstract provided.


The Talmudic Rule Against Self-Incrimination And The American Exclusionary Rule: A Societal Prohibition Versus An Affirmative Individual Right, Suzanne Darrow-Kleinhaus Jan 2001

The Talmudic Rule Against Self-Incrimination And The American Exclusionary Rule: A Societal Prohibition Versus An Affirmative Individual Right, Suzanne Darrow-Kleinhaus

Scholarly Works

No abstract provided.


The Latest Word From The Supreme Court On Punitive Damages (Symposium: The Thirteenth Annual Supreme Court Review), Leon D. Lazer Jan 2001

The Latest Word From The Supreme Court On Punitive Damages (Symposium: The Thirteenth Annual Supreme Court Review), Leon D. Lazer

Scholarly Works

No abstract provided.


Palazzolo V. Rhode Island: The Supreme Court's Expansion Of Subsequent Owners' Rights Under The Takings Clause (Symposium: The Thirteenth Annual Supreme Court Review), Leon D. Lazer Jan 2001

Palazzolo V. Rhode Island: The Supreme Court's Expansion Of Subsequent Owners' Rights Under The Takings Clause (Symposium: The Thirteenth Annual Supreme Court Review), Leon D. Lazer

Scholarly Works

No abstract provided.


Linguistic Issues: Is Plain English The Answer To The Needs Of The Jurors?, Leon D. Lazer Jan 2001

Linguistic Issues: Is Plain English The Answer To The Needs Of The Jurors?, Leon D. Lazer

Scholarly Works

No abstract provided.


The Supreme Court Rules In Favor Of Religious Club’S Right To Meet On Public School Premises: Is This “Good News” For First Amendment Rights?, Thomas A. Schweitzer Jan 2001

The Supreme Court Rules In Favor Of Religious Club’S Right To Meet On Public School Premises: Is This “Good News” For First Amendment Rights?, Thomas A. Schweitzer

Scholarly Works

No abstract provided.


Consumer Discrimination: The Limitations Of Federal Civil Rights Protection, Deseriee A. Kennedy Jan 2001

Consumer Discrimination: The Limitations Of Federal Civil Rights Protection, Deseriee A. Kennedy

Scholarly Works

No abstract provided.


Vermont Civil Unions, Full Faith And Credit, And Marital Status, Lewis A. Silverman Jan 2001

Vermont Civil Unions, Full Faith And Credit, And Marital Status, Lewis A. Silverman

Scholarly Works

No abstract provided.


Fundamentals Of Section 1983 Litigation, Martin A. Schwartz Jan 2001

Fundamentals Of Section 1983 Litigation, Martin A. Schwartz

Scholarly Works

No abstract provided.


Playing God: An Essay On Law, Philosophy, And American Capital Punishment, Samuel J. Levine Jan 2001

Playing God: An Essay On Law, Philosophy, And American Capital Punishment, Samuel J. Levine

Scholarly Works

This article looks at the capital sentencer's decision: Whether a death-eligible defendant will in fact receive the death sentence. Based in part on an examination of Jewish law and philosophy, Professor Levine identifies three particular areas in which it can be said that the Supreme Court requires the capital sentencer to "play God." First, capital sentencers are asked to ascertain the degree of a defendant's culpability by looking at factors that affect free will and victim impact evidence, implicating moral luck. Capital sentencers are also required to determine a person's total moral worth by considering character evidence. Finally, the Supreme …


Mary S. Lawrence: Director Of Legal Research And Writing University Of Oregon 1978 - 2000, Linda H. Edwards Jan 2001

Mary S. Lawrence: Director Of Legal Research And Writing University Of Oregon 1978 - 2000, Linda H. Edwards

Scholarly Works

No abstract provided.


Language And Formalities In Commercial Contracts: A Defense Of Custom And Conduct, David V. Snyder Jan 2001

Language And Formalities In Commercial Contracts: A Defense Of Custom And Conduct, David V. Snyder

Articles by Maurer Faculty

This article defends the decision to retain usage of trade, course of performance, and course of dealing in the revision of Article 1 of the Uniform Commercial Code. The article responds to recent neoformalist criticisms of the incorporation approach and offers a theoretical justification. Usage of trade and course of dealing should be understood as part of the parties' language, following Wittgenstein's understanding of language. Course of performance, which presents a weaker case in terms of language, should be understood as a legal formality, following Fuller's explanation of formalities. Thus understood, custom and conduct can be as important as written …


Mary Daly V. Boston College: The Impermissibility Of Single-Sex Classrooms Within A Private University, Maryam Ahranjani Jan 2001

Mary Daly V. Boston College: The Impermissibility Of Single-Sex Classrooms Within A Private University, Maryam Ahranjani

Scholarly Works

No abstract provided.


The Jurisdiction Of The Community Courts Reconsidered, Paul Craig Jan 2001

The Jurisdiction Of The Community Courts Reconsidered, Paul Craig

Articles by Maurer Faculty

No abstract provided.


The Fight Against Global Terrorism: Self-Defense Or Collective Security As International Police Action? Some Comments On The International Legal Implications Of The "War Against Terrorism", Jost Delbruck Jan 2001

The Fight Against Global Terrorism: Self-Defense Or Collective Security As International Police Action? Some Comments On The International Legal Implications Of The "War Against Terrorism", Jost Delbruck

Articles by Maurer Faculty

No abstract provided.


Women, Writing & Wages: Breaking The Last Taboo, Jan M. Levine, Kathryn M. Stanchi Jan 2001

Women, Writing & Wages: Breaking The Last Taboo, Jan M. Levine, Kathryn M. Stanchi

Scholarly Works

No abstract provided.


Federal Tax Collection Controversies In The Era Of Drye, Steve R. Johnson Jan 2001

Federal Tax Collection Controversies In The Era Of Drye, Steve R. Johnson

Articles by Maurer Faculty

By "tax collection controversies," I mean cases in which it has been established that the taxpayer owes additional taxes, those taxes remain unpaid, and the IRS is attempting to enforce collection out of the taxpayer's assets. Such cases are numerous and involve attorneys in general legal practice as well as tax specialists. For example, the taxpayer may be your client for non-tax matters, and may expect you to handle her tax collection controversy as well. Or, your client may not be the taxpayer herself, but instead someone who co-owns property with the taxpayer. Your client expects you to make sure …


The Uniform Computer Information Transactions Act: A Well Built Fence Or Barbed Wire Around The Intellectual Commons, Warigia M. Bowman Jan 2001

The Uniform Computer Information Transactions Act: A Well Built Fence Or Barbed Wire Around The Intellectual Commons, Warigia M. Bowman

Articles, Chapters in Books and Other Contributions to Scholarly Works

The Uniform Computer Information Transactions Act (UCITA) is a proposed state contract law developed to regulate transactions in intangible goods such as computer software, online databases and other digital products.' UCITA was intended to act as Article 2B of the Uniform Commercial Code (UCC). Article 2 comprises the law governing commercial transactions in the sale of goods and ensures consistent contract laws from state to state. The stated goal of UCITA is to provide clarity regarding computer information transactions.


Putting The Mentally Retarded Criminal Defendant To Death: Charting The Development Of A National Consensus To Exempt The Mentally Retarded From The Death Penalty, Lyn Entzeroth Jan 2001

Putting The Mentally Retarded Criminal Defendant To Death: Charting The Development Of A National Consensus To Exempt The Mentally Retarded From The Death Penalty, Lyn Entzeroth

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Copyright Law And Archival Research, Robert Spoo Jan 2001

Copyright Law And Archival Research, Robert Spoo

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Protecting Children From Exposure To Domestic Violence: The Use And Abuse Of Child Maltreatment Statutes, Lois A. Weithorn Jan 2001

Protecting Children From Exposure To Domestic Violence: The Use And Abuse Of Child Maltreatment Statutes, Lois A. Weithorn

UC Law Journal

In the past two decades, researchers have amassed an impressive body of empirical data demonstrating the deleterious impact of exposure to interparental violence on children. Policymakers are now confronted with the question of how society can best prevent children's exposure to domestic violence and assist those children already exposed. A range of policy initiatives aimed at promoting the well-being of exposed children have emerged in the last several years. Whereas some statutory trends have been lauded by a broad range of constituencies, others have engendered substantial controversy. There is particularly vociferous debate about statutes that bring children exposed to domestic …


The Fourth Amendment As A "Big Time Tv" Fad, Wayne R. Lafave Jan 2001

The Fourth Amendment As A "Big Time Tv" Fad, Wayne R. Lafave

UC Law Journal

No abstract provided.


A Poor Measure Of The Wrong Thing: The Food Stamp Program's Quality Control System Discourages Participation By Working Families, Ed Bolen Jan 2001

A Poor Measure Of The Wrong Thing: The Food Stamp Program's Quality Control System Discourages Participation By Working Families, Ed Bolen

UC Law Journal

This Note examines how the Food Stamp Program's quality control system has contributed to an unprecedented drop in the number of households receiving food stamps. Since the only practical measure of the program's effectiveness is the rate of error in distributing benefits, state administrators face tremendous pressure, in the form of fiscal sanctions from the federal government, to reduce errors. That emphasis has resulted in state policies designed to eliminate errors, but these state policies have had a harmful side-effect in discouraging, if not preventing, otherwise eligible households from participating in the program. This is due, in part, to the …