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Articles 1951 - 1980 of 8879
Full-Text Articles in Law
Vii. Accomplice Liability: Derivative Responsibility, Larry M. Lawrence Ii
Vii. Accomplice Liability: Derivative Responsibility, Larry M. Lawrence Ii
Loyola of Los Angeles Law Review
No abstract provided.
Compensating A California Wrongful Life Plaintiff For General Damages And Damages For Lost Earning Capacity, Jason Skolnik
Compensating A California Wrongful Life Plaintiff For General Damages And Damages For Lost Earning Capacity, Jason Skolnik
Loyola of Los Angeles Law Review
No abstract provided.
Damages Suits Under Erisa: Why Third Parties With Discretion Over Benefit Plans Must Be Held Accountable, John M. Teske
Damages Suits Under Erisa: Why Third Parties With Discretion Over Benefit Plans Must Be Held Accountable, John M. Teske
Loyola of Los Angeles Law Review
No abstract provided.
Politics And Principle: An Alternative Take On Seth P. Waxman's Defending Congress, Neal Devins
Politics And Principle: An Alternative Take On Seth P. Waxman's Defending Congress, Neal Devins
North Carolina Law Review
No abstract provided.
Insuring Against Terrorism - And Crime, Saul Levmore, Kyle D. Logue
Insuring Against Terrorism - And Crime, Saul Levmore, Kyle D. Logue
Public Law and Legal Theory Working Papers
No abstract provided.
Indigenous Pueblo Culture And Tradition In The Justice System: Maintaining Indigenous Language, Thought And Law In Judicial Review, Christine Zuni Cruz
Indigenous Pueblo Culture And Tradition In The Justice System: Maintaining Indigenous Language, Thought And Law In Judicial Review, Christine Zuni Cruz
Faculty Scholarship
In this paper Christine Zuni Cruz considers several issues that have emerged from her personal experience working as an Associate Justice on the Pueblo Appellate Court in the United States. These concerns relate to maintaining the culture of the Pueblo within an acknowledged western, and specifically Anglo-American, framework of justice. The key elements discussed include language, process and knowledge. This paper provides a North American perspective on the interface between Indigenous law and western legal frameworks. It therefore has resonance in the contemporary Australian landscape, where efforts to secure Indigenous rights and interests in land encounter difficulties both in regards …
Ground Water Resources And International Law In The Middle East Process, Yoram Eckstein, Gabriel Eckstein
Ground Water Resources And International Law In The Middle East Process, Yoram Eckstein, Gabriel Eckstein
Faculty Scholarship
Next to issues of land, water resources are the major bone of contention in the peace negotiations between Israel and the Palestinian Arabs. The objective of negotiations is de facto setting the clock back to the eve of the Israel War of Independence, when the Jews accepted the 1947 UN resolution of partition, while the Arabs rejected it. The Arabs now accept the principle of territorial partition, but at the same time, they demand re-apportioning of resources, mainly of water. The Palestinians contend that the facts created on the ground unilaterally by Israel during the last 50 years, namely the …
Habeas Standards Of Review Under 28 U.S.C. § 2254(D)(1): A Commentary On Statutory Text And Supreme Court Precedent, Allan Ides
Washington and Lee Law Review
No abstract provided.
Campaign Finance Reform: Central Meaning And A New Approach, Mark C. Alexander
Campaign Finance Reform: Central Meaning And A New Approach, Mark C. Alexander
Washington and Lee Law Review
No abstract provided.
Preliminary Imprimaturs: Prevailing Party Status Based On Preliminary Injunctions, Bart Forsyth
Preliminary Imprimaturs: Prevailing Party Status Based On Preliminary Injunctions, Bart Forsyth
Washington and Lee Law Review
No abstract provided.
Shareholder Oppression & Dividend Policy In The.Close Corporation, Douglas K. Moll
Shareholder Oppression & Dividend Policy In The.Close Corporation, Douglas K. Moll
Washington and Lee Law Review
No abstract provided.
Conflicts Of Interest Challenges Post Mickens V. Taylor: Redefining The Defendant's Burden In Concurrent, Successive, And Personal Interest Conflicts, Mark W. Shiner
Washington and Lee Law Review
No abstract provided.
Patient Autonomy Versus Religious Freedom: Should State Legislatures Require Catholic Hospitals To Provide Emergency Contraception To Rape Victims?, Heather Rae Skeeles
Patient Autonomy Versus Religious Freedom: Should State Legislatures Require Catholic Hospitals To Provide Emergency Contraception To Rape Victims?, Heather Rae Skeeles
Washington and Lee Law Review
No abstract provided.
A Clash Of Expectations: Debtors' Disclaimers Of Property In Advance Of Bankruptcy, Kevin A. White
A Clash Of Expectations: Debtors' Disclaimers Of Property In Advance Of Bankruptcy, Kevin A. White
Washington and Lee Law Review
No abstract provided.
Extradition And Life Imprisonment, Vanessa Maaskamp
Extradition And Life Imprisonment, Vanessa Maaskamp
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
The Abuse And Neglect Of Children: Interdisciplinary Perspectives, Roger Williams University School Of Law
The Abuse And Neglect Of Children: Interdisciplinary Perspectives, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
C’Est What? Saisie! A Comparison Of Patent Infringement Remedies Among The G7 Economic Nations, Larry Coury
C’Est What? Saisie! A Comparison Of Patent Infringement Remedies Among The G7 Economic Nations, Larry Coury
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Effect Of Expungement On Removability Of Non-Citizens, James A.R. Nafziger, Michael Yimesgen
The Effect Of Expungement On Removability Of Non-Citizens, James A.R. Nafziger, Michael Yimesgen
University of Michigan Journal of Law Reform
For most of the twentieth century, a non-citizen was generally not subject to removal on the basis of a criminal conviction which had been expunged by the state that rendered the conviction. During that time, the definition of a "conviction" for purposes of immigration law was borrowed from the law of the state which rendered the criminal conviction. In the Illegal Immigration Reform and Immigrant Responsibility Act (IRIRA) of 1996 Congress sought to provide a more uniform definition of the term "conviction" sufficient to justify an order of removal under the immigration law. The IIRIRA does not mention expungement, however. …
Insuring Against Terrorism - And Crime, Saul Levmore, Kyle D. Logue
Insuring Against Terrorism - And Crime, Saul Levmore, Kyle D. Logue
Coase-Sandor Institute for Law & Economics Research Paper Series
No abstract provided.
Lives, Life-Years, And Willingness To Pay, Cass R. Sunstein
Lives, Life-Years, And Willingness To Pay, Cass R. Sunstein
Coase-Sandor Institute for Law & Economics Research Paper Series
In protecting safety, health, and the environment, government has increasingly relied on cost-benefit analysis. In undertaking cost-benefit analysis, the government has monetized risks of death through the idea of "value of a statistical life" (VSL), currently assessed at about $6.1 million. Many analysts, however, have suggested that the government should rely instead on the "value of a statistical life year" (VSLY), in a way that would likely result in significantly lower benefits calculations for elderly people, and significantly higher benefits calculations for children. I urge that the government should indeed focus on statistical life-years rather than statistical lives. A program …
Trade Secrets As Private Property: Their Constitutional Protection, Richard A. Epstein
Trade Secrets As Private Property: Their Constitutional Protection, Richard A. Epstein
Coase-Sandor Institute for Law & Economics Research Paper Series
No abstract provided.
The New Imperialism: Violence, Norms, And The "Rule Of Law", Rosa Ehrenreich Brooks
The New Imperialism: Violence, Norms, And The "Rule Of Law", Rosa Ehrenreich Brooks
Michigan Law Review
The past decade has seen a surge in American and international efforts to promote "the rule of law" around the globe, especially in postcrisis and transitional societies. The World Bank and multinational corporations want the rule of law, since the sanctity of private property and the enforcement of contracts are critical to modern conceptions of the free market. Human-rights advocates want the rule of law since due process and judicial checks on executive power are regarded as essential prerequisites to the protection of substantive human rights. In the wake of September 11, international and national-security experts also want to promote …
Reinforcing Representation: Congressional Power To Enforce The Fourteenth And Fifteenth Amendments In The Rehnquist And Waite Courts, Ellen D. Katz
Reinforcing Representation: Congressional Power To Enforce The Fourteenth And Fifteenth Amendments In The Rehnquist And Waite Courts, Ellen D. Katz
Michigan Law Review
A large body of academic scholarship accuses the Rehnquist Court of "undoing the Second Reconstruction," just as the Waite Court has long been blamed for facilitating the end of the First. This critique captures much of what is meant by those generally charging the Rehnquist Court with "conservative judicial activism." It posits that the present Court wants to dismantle decades' worth of federal antidiscrimination measures that are aimed at the "reconstruction" of public and private relationships at the local level. It sees the Waite Court as having similarly nullified the civil-rights initiatives enacted by Congress following the Civil War to …
Government Responsibility For The Acts Of Jailhouse Informants Under The Sixth Amendment, Maia Goodell
Government Responsibility For The Acts Of Jailhouse Informants Under The Sixth Amendment, Maia Goodell
Michigan Law Review
Once a criminal investigation has identified a suspect, and adversarial proceedings have begun, the Sixth Amendment confers a right to be represented by counsel at the "critical stages" of the process. The Supreme Court has made clear that the government cannot circumvent this requirement merely by designating a civilian informant to engage in questioning on its behalf. Less clear is when the government is responsible for the actions of an informant; particularly in the case of jailhouse informants, incarcerated individuals who question fellow inmates, government responsibility is a difficult issue for which no clear legal standard has emerged. An examination …
First Amendment Equal Protection: On Discretion, Inequality, And Participation, Daniel P. Tokaji
First Amendment Equal Protection: On Discretion, Inequality, And Participation, Daniel P. Tokaji
Michigan Law Review
The tension between equality and discretion lies at the heart of some of the most vexing questions of constitutional law. The considerable discretion that many official decisionmakers wield raises the spectre that violations of equality norms will sometimes escape detection. This is true in a variety of settings, whether discretion lies over speakers' access to public fora, implementation of the death penalty, or the recounting of votes. Is the First Amendment violated, for example, when a city ordinance gives local officials broad discretion to determine the conditions under which political demonstrations may take place? Is equal protection denied where the …
Judicial Selection In Alaska: Justifications And Proposed Courses Of Reform, Tillman J. Finley
Judicial Selection In Alaska: Justifications And Proposed Courses Of Reform, Tillman J. Finley
Alaska Law Review
No abstract provided.
John V. Baker And The Jurisdiction Of Tribal Sovereigns Without Territorial Reach, David M. Blurton
John V. Baker And The Jurisdiction Of Tribal Sovereigns Without Territorial Reach, David M. Blurton
Alaska Law Review
No abstract provided.
The Year In Review 2002: Selected Cases From Alaska Supreme Court, Alaska Court Of Appeals, U.S. Court Of Appeals For The Ninth Circuit, And U.S. District Court For The District Of Alaska, Jason S. Velos
Alaska Law Review
No abstract provided.
Privacy And The Alaska Constitution: Failing To Fulfill The Promise, Erwin Chemerinsky
Privacy And The Alaska Constitution: Failing To Fulfill The Promise, Erwin Chemerinsky
Alaska Law Review
No abstract provided.