Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

2003

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 1561 - 1590 of 8879

Full-Text Articles in Law

The Curious Case Of The Missing Legal Analysis, Lynn D. Wardle Jul 2003

The Curious Case Of The Missing Legal Analysis, Lynn D. Wardle

Brigham Young University Journal of Public Law

No abstract provided.


Who Decides And What Difference Does It Make?: Defining Marriage In "Our Democratic, Federal Republic", Kevin J. Worthen Jul 2003

Who Decides And What Difference Does It Make?: Defining Marriage In "Our Democratic, Federal Republic", Kevin J. Worthen

Brigham Young University Journal of Public Law

The debate over the legality of same-sex marriage has centered largely on the substantive merits of the issue. This article does not. Instead, it seeks to draw attention to the perhaps equally important-but often overlooked-issue of the proper form and forum for resolving the substantive issue. It asks the question, if we awoke tomorrow to the newspaper headline -- "Legality of Same-Sex Marriage Decided" -- what difference would it make if the succeeding story referred to 1) a federal statute, 2) a U. S. Supreme Court decision, 3) a federal constitutional amendment, 4) a state statute, 5) a state supreme …


Law Vs. Public Policy: A Critical Exploration, Theodore J. Lowi Jul 2003

Law Vs. Public Policy: A Critical Exploration, Theodore J. Lowi

Cornell Journal of Law and Public Policy

No abstract provided.


The Politics Of Miranda, Jeffrey Standen Jul 2003

The Politics Of Miranda, Jeffrey Standen

Cornell Journal of Law and Public Policy

No abstract provided.


Defending The Aristocracy: Aba Accreditation And The Filtering Of Political Leaders, George B. Shepherd Jul 2003

Defending The Aristocracy: Aba Accreditation And The Filtering Of Political Leaders, George B. Shepherd

Cornell Journal of Law and Public Policy

No abstract provided.


When Inter-Branch Norms Break Down: Of Arms-For-Hostages, Orderly Shutdowns, Presidential Impeachments, And Judicial Coups, Peter M. Shane Jul 2003

When Inter-Branch Norms Break Down: Of Arms-For-Hostages, Orderly Shutdowns, Presidential Impeachments, And Judicial Coups, Peter M. Shane

Cornell Journal of Law and Public Policy

No abstract provided.


Branches Behaving Badly: The Predictable And Often Desirable Consequences Of The Separation Of Powers, Saikrishna B. Prakash Jul 2003

Branches Behaving Badly: The Predictable And Often Desirable Consequences Of The Separation Of Powers, Saikrishna B. Prakash

Cornell Journal of Law and Public Policy

No abstract provided.


Race, Class, And The Regulation Of The Legal Profession In The Progressive Era: The Case Of The 1908 Canons, Alfred L. Brophy Jul 2003

Race, Class, And The Regulation Of The Legal Profession In The Progressive Era: The Case Of The 1908 Canons, Alfred L. Brophy

Cornell Journal of Law and Public Policy

No abstract provided.


The Production Of Pro Bono, Jeffrey Standen Jul 2003

The Production Of Pro Bono, Jeffrey Standen

Cornell Journal of Law and Public Policy

No abstract provided.


How Should We Theorize Class Interests In Thinking About Professional Regulation: The Early Naacp As A Case Example, Susan D. Carle Jul 2003

How Should We Theorize Class Interests In Thinking About Professional Regulation: The Early Naacp As A Case Example, Susan D. Carle

Cornell Journal of Law and Public Policy

No abstract provided.


Decreasing Liability Contracts, Robert D. Cooter, Ariel Porat Jul 2003

Decreasing Liability Contracts, Robert D. Cooter, Ariel Porat

Coase-Sandor Institute for Law & Economics Research Paper Series

Like constructing a building, performance on many contracts occurs in phases. As time passes, the promisor sinks more costs into performance and less expenditure remains. For phased performance, we show that optimal liability for the breaching party decreases as the remaining costs of completing performance decrease. In brief, efficiency requires a decreasing liability contract. To implement such a contract, we recommend deducting past expenditure on incomplete performance from liability. We show that progress payment contracts, which are commonplace in some industries, are materially equivalent to decreasing liability contracts. Our analysis should prove useful for elucidating progress payment contracts and for …


Misapplied Ethical Considerations: U.S. Federal Stem Cell Mandates Lack Global Focus And Market Foresight, Heather L. Fowler Jul 2003

Misapplied Ethical Considerations: U.S. Federal Stem Cell Mandates Lack Global Focus And Market Foresight, Heather L. Fowler

Cornell International Law Journal

No abstract provided.


Reconciling Human Rights And Sovereignty: A Framework For Global Property Law, Christopher Saporita Jul 2003

Reconciling Human Rights And Sovereignty: A Framework For Global Property Law, Christopher Saporita

Indiana Journal of Global Legal Studies

No abstract provided.


Changing Identities And Changing Laws: Possibilities For A Global Legal Culture, Russell Menyhart Jul 2003

Changing Identities And Changing Laws: Possibilities For A Global Legal Culture, Russell Menyhart

Indiana Journal of Global Legal Studies

No abstract provided.


Response To Carrie Menkel-Meadow's Correspondences And Contradictions In International And Domestic Conflict Resolution: Lessons From General Theory And Varied Contexts, Wallace Warfield Jul 2003

Response To Carrie Menkel-Meadow's Correspondences And Contradictions In International And Domestic Conflict Resolution: Lessons From General Theory And Varied Contexts, Wallace Warfield

Journal of Dispute Resolution

In this article, I would like to first spend a little time clarifying (or perhaps muddying) what is meant by "domestic" and "international" when people talk about conflicts and how they are resolved. Geographical and content-defining terms tossed about cavalierly say more about competing hierarchies and elitism than functional geopolitical designations. Next, I will suggest that part of the problem is how we locate theory in this debate: What kinds of theories lend themselves to generalization and which ones do not? And does the problem lay with the theory or the theory interpreter?


Use Of Neutral Fact-Finding To Preserve Exclusive Rights And Uphold The Disclosure Purpose Of The Patent System, Brian Panka Jul 2003

Use Of Neutral Fact-Finding To Preserve Exclusive Rights And Uphold The Disclosure Purpose Of The Patent System, Brian Panka

Journal of Dispute Resolution

This comment proposes the use of neutral fact-finding as a precursor to litigation of patent disputes. Section II begins with a brief introduction to the concept of patents and the system used in the United States for granting and protecting exclusive rights associated with patent grants. Then, Section III discusses traditional ADR processes available to resolve patent disputes and sets forth reasons those processes are not widely used. Finally, Section IV offers neutral factfinding as a solution to both litigation and traditional ADR process concerns with respect to resolving patent disputes


Applying The Eligibility Rule In Securities Arbitration: Resolving Circuit Court Conflict Regarding The Proper Role Of Arbitrators And Courts - Howsam V. Dean Witter Reynolds, Inc., James D. Hughes Jul 2003

Applying The Eligibility Rule In Securities Arbitration: Resolving Circuit Court Conflict Regarding The Proper Role Of Arbitrators And Courts - Howsam V. Dean Witter Reynolds, Inc., James D. Hughes

Journal of Dispute Resolution

In Howsam v. Dean Witter Reynolds, Inc., the United States Supreme Court reviewed a Tenth Circuit holding that the eligibility rule presented a question of arbitrability, and was thus for the court to decide. Reversing, the Supreme Court held that the arbitrator, not a court, should apply the time limit rule. The Court's decision resolves the split among the circuit courts in addition to allowing arbitration clauses in securities firms' client agreements to serve their purpose of providing an efficient and less costly method of litigating disputes relating to investment accounts, ultimately increasing investor confidence in the securities industry.


Jesus Heard The Word Of God, But Mohammed Had Convulsions: How Religion Clause Principles Should Be Applied To Religion In The Public School Social Studies Curriculum, Elizabeth D. Kaiser Jul 2003

Jesus Heard The Word Of God, But Mohammed Had Convulsions: How Religion Clause Principles Should Be Applied To Religion In The Public School Social Studies Curriculum, Elizabeth D. Kaiser

The Journal of Law and Education

No abstract provided.


Functional Behavioral Assessments: Beyond Student Behavior Special Education, Cynthia Dieterich, Christine A. Villani, Tyson J. Bennett Jul 2003

Functional Behavioral Assessments: Beyond Student Behavior Special Education, Cynthia Dieterich, Christine A. Villani, Tyson J. Bennett

The Journal of Law and Education

No abstract provided.


Supreme Court - Recent Developments In The Law Jul 2003

Supreme Court - Recent Developments In The Law

The Journal of Law and Education

No abstract provided.


State Court And Lower Federal Court Decisions - Primary And Secondary Education - Recent Developments In The Law Jul 2003

State Court And Lower Federal Court Decisions - Primary And Secondary Education - Recent Developments In The Law

The Journal of Law and Education

No abstract provided.


Universities And Other Institutions Of Higher Learning - Recent Developments In The Law Jul 2003

Universities And Other Institutions Of Higher Learning - Recent Developments In The Law

The Journal of Law and Education

No abstract provided.


Law Review Digests Jul 2003

Law Review Digests

The Journal of Law and Education

No abstract provided.


Unilateral Multilateralism: United States Policy Toward The International Criminal Court, Diane F. Orentilicher Jul 2003

Unilateral Multilateralism: United States Policy Toward The International Criminal Court, Diane F. Orentilicher

Cornell International Law Journal

No abstract provided.


Use Of Force Against Iraq: Occupation And Security Council Resolution 1483, The , Mahmoud Hmoud Jul 2003

Use Of Force Against Iraq: Occupation And Security Council Resolution 1483, The , Mahmoud Hmoud

Cornell International Law Journal

No abstract provided.


U.S. Unilateralism And International Crimes: The International Criminal Court And Terrorism, Fiona Mckay Jul 2003

U.S. Unilateralism And International Crimes: The International Criminal Court And Terrorism, Fiona Mckay

Cornell International Law Journal

No abstract provided.


Terrorism And Unilateralism: Criminal Jurisdiction And International Relations, Madeline Morris Jul 2003

Terrorism And Unilateralism: Criminal Jurisdiction And International Relations, Madeline Morris

Cornell International Law Journal

No abstract provided.


Desperately Seeking Definition: The International Community’S Quest For Identifying The Specter Of Terrorism, Sami Zeidan Jul 2003

Desperately Seeking Definition: The International Community’S Quest For Identifying The Specter Of Terrorism, Sami Zeidan

Cornell International Law Journal

No abstract provided.


The La Verkin U.N.-Free Zone Ordinance: A Town Athwart The New World Order, Andrew G. Fiorella Jul 2003

The La Verkin U.N.-Free Zone Ordinance: A Town Athwart The New World Order, Andrew G. Fiorella

Cornell International Law Journal

No abstract provided.


Priest, Minister, Or Knowing Instrument: The Lawyer's Role In Constructing Constitutional Meaning, Elizabeth Reilly Jul 2003

Priest, Minister, Or Knowing Instrument: The Lawyer's Role In Constructing Constitutional Meaning, Elizabeth Reilly

Tulsa Law Review

No abstract provided.