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Articles 9001 - 9030 of 9172
Full-Text Articles in Law
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
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
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
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
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
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 …
Which Torts In Violation Of The Law Of Nations?, William S. Dodge
Which Torts In Violation Of The Law Of Nations?, William S. Dodge
Faculty Scholarship
No abstract provided.
The Politics Of Bush V. Gore, Evan Tsen Lee
Water Rights For New Federal Land Conservation Programs: A Turn-Of-The-Century Evaluation, John D. Leshy
Water Rights For New Federal Land Conservation Programs: A Turn-Of-The-Century Evaluation, John D. Leshy
Faculty Scholarship
No abstract provided.
Steps Forward And Steps Back: Uneven Progress In The Law Of Social Group And Gender-Based Claims In The United States, Karen Musalo, Stephen Knight
Steps Forward And Steps Back: Uneven Progress In The Law Of Social Group And Gender-Based Claims In The United States, Karen Musalo, Stephen Knight
Faculty Scholarship
No abstract provided.
Mary S. Lawrence: Director Of Legal Research And Writing University Of Oregon 1978 - 2000, Linda H. Edwards
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
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
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
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
Articles by Maurer Faculty
No abstract provided.
Women, Writing & Wages: Breaking The Last Taboo, Jan M. Levine, Kathryn M. Stanchi
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
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
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
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Copyright Law And Archival Research, Robert Spoo
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
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
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
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 …
Lying, Misleading, And Falsely Denying: How Moral Concepts Inform The Law Of Perjury, Fraud, And False Statements, Stuart P. Green
Lying, Misleading, And Falsely Denying: How Moral Concepts Inform The Law Of Perjury, Fraud, And False Statements, Stuart P. Green
UC Law Journal
This Article seeks to describe the relationship between the criminal law and various concepts of deception. Deception is defined as the communication of a message that is intended to cause a person to believe something untrue. Three different kinds of deception are identified: (1) lying (deception that involves an assertion and is literally false); (2) non-lying deception, or mere "misleading" (deception that requires neither an assertion nor literal falsity); and (3) falsely denying (deception that occurs in the context of a person's denying some accusation of alleged wrongdoing). This Article argues that, other things being equal, non-lying deception tends to …
When Local Is Global: Using A Consortium Of Law Schools To Encourage Global Thinking, Nancy B. Rapoport
When Local Is Global: Using A Consortium Of Law Schools To Encourage Global Thinking, Nancy B. Rapoport
Scholarly Works
Dean Rapoport will discuss students and faculty consortia focusing on the North American Consortium on Legal Education (NACLE), which, among other things, promotes student and faculty exchanges between and among three law schools in the U.S., three in Canada, and three in Mexico.
Of Cat-Herders, Conductors, Fearless Leaders, And Tour Guides, Nancy B. Rapoport
Of Cat-Herders, Conductors, Fearless Leaders, And Tour Guides, Nancy B. Rapoport
Scholarly Works
This article discusses four distinct approaches to the role of the dean and the pros and cons of each approach.
Presidential Ethics: Should A Law Degree Make A Difference?, Nancy B. Rapoport
Presidential Ethics: Should A Law Degree Make A Difference?, Nancy B. Rapoport
Scholarly Works
Two of the nation's most controversial presidents, Nixon and Clinton, were both lawyers, and both of them had ethics-related problems while in office. This essay reviews whether any model ethics rules force lawyer-presidents to behave at a higher standard than non-lawyer-presidents; then it discusses the implications for legal education if we really do want lawyers to go above and beyond the norm of behavior.
Hard Cases For Autonomy, Respect, And Professionalism In Medical Genetics, Roger B. Dworkin
Hard Cases For Autonomy, Respect, And Professionalism In Medical Genetics, Roger B. Dworkin
Articles by Maurer Faculty
No abstract provided.
Placebo-Controlled Trials Of New Drugs: Ethical Considerations, David Orentlicher
Placebo-Controlled Trials Of New Drugs: Ethical Considerations, David Orentlicher
Scholarly Works
No abstract provided.
The Uncertain Future Of Fair Use In A Global Information Marketplace, Marshall Leaffer
The Uncertain Future Of Fair Use In A Global Information Marketplace, Marshall Leaffer
Articles by Maurer Faculty
The author of this article forecasts an increasingly troubled future, if not the demise of the doctrine of fair use in copyright law. Legal developments, both at home and abroad, driven by technological change, and the push toward the international harmonization of legal norms, threaten the very survival of fair use. Given these realities the doctrine will, of necessity, be reconceptualized Although fair use values will always be inscribed in copyright law, these values will have their practical manifestation in decentralized form, and effectuated, in large part, through industry agreement. They will exist in conjunction with certain bright line exceptions …
Gender And Intercollegiate Athletics: Data And Myths, Julia C. Lamber
Gender And Intercollegiate Athletics: Data And Myths, Julia C. Lamber
Articles by Maurer Faculty
This Article explores what nondiscrimination means in the context of intercollegiate athletics. After reviewing the Department of Education's controversial Title IX Policy Interpretation, it critically examines the analytical framework used in Title IX athletic cases and concludes that commonly made analogies to litigation under Title VII of the 1964 Civil Rights Act are inapt. A major part of the Article is an empirical study, looking first at gender equity plans written by institutions of higher education for the National Collegiate Athletic Association and then at data collected from more than 325 institutions pursuant to the Equity in Athletics Disclosure Act. …