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2003

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Full-Text Articles in Law

158th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame May 2003

158th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

158th University of Notre Dame Commencement and Mass Program including Law School awards


Mofaz V. Chairman Of The Central Elections Committee For The Sixteenth Knesset, Eliahu Mazza, Jacob Turkel, Aharon Barak, Ayala Procaccia, Dorit Beinisch, Dalia Dorner, Edmond E. Levy, Eliezer Rivlin, Izhak Englard, Shlomo Levin, Tova Strasberg-Cohen May 2003

Mofaz V. Chairman Of The Central Elections Committee For The Sixteenth Knesset, Eliahu Mazza, Jacob Turkel, Aharon Barak, Ayala Procaccia, Dorit Beinisch, Dalia Dorner, Edmond E. Levy, Eliezer Rivlin, Izhak Englard, Shlomo Levin, Tova Strasberg-Cohen

Translated Opinions

Facts: Petitioner 1, who served as Chief of Staff of the Israeli Defense Forces, was included on the list of candidates submitted by petitioner 2 for elections to the Knesset. The Chairman of the Central Elections Committee determined that petitioner was ineligible to present his candidacy. Israeli law provided for a cooling off period—a certain amount of time had to pass from a candidate’s discharge from the army or civil service and the time he presented his candidacy. The Chairman determined that petitioner had not met the requirements of the applicable cooling-off period. Petitioners appealed this decision. They asserted that …


Is I-Voting I-Llegal?, Brett Stohs May 2003

Is I-Voting I-Llegal?, Brett Stohs

Duke Law & Technology Review

The Voting Rights Act was passed to prevent racial discrimination in all voting booths. Does the existence of a racial digital divide make Internet elections for public office merely a computer geek's pipe dream? Or can i-voting withstand scrutiny under the current state of the law? This i-Brief will consider the current state of the law, and whether disproportionate benefits will be enough to stop this extension of technology dead in its tracks.


Medicaid Prescription Drug Coverage: State Efforts To Control Costs, Dawn Gencarelli May 2003

Medicaid Prescription Drug Coverage: State Efforts To Control Costs, Dawn Gencarelli

National Health Policy Forum

This paper provides a brief summary of the Medicaid prescription drug benefit. It explains the mechanisms being used by states to control their prescription drug spending within the Medicaid program. The paper also highlights some of the concerns that have been expressed with these mechanisms and the litigation that has been initiated in several states as a result of these efforts. It takes a closer look at three states with cost containment strategies that have been the focus of increased scrutiny.


2003 Recognition Ceremony Program May 2003

2003 Recognition Ceremony Program

Recognition Ceremony

No abstract provided.


Community Policing In Portland, City Club Of Portland (Portland, Or.) May 2003

Community Policing In Portland, City Club Of Portland (Portland, Or.)

City Club of Portland

No abstract provided.


Social Security Reform: An Expository Report, Nathan J. Voss May 2003

Social Security Reform: An Expository Report, Nathan J. Voss

Honors Capstones

Capstone submitted as a graduation requirement for the BSU Honors Program.


"Quick-Takes" On A Few Recent Decisions In Evidence Law ... And Rule 5-407, Lynn Mclain May 2003

"Quick-Takes" On A Few Recent Decisions In Evidence Law ... And Rule 5-407, Lynn Mclain

All Faculty Scholarship

Handout from the State and Local Government Law Institute covering recent (2003) Maryland evidence cases.


Internet Resources: Sampler Of Useful Sites For Specific Practice Areas, Maureen Cahill May 2003

Internet Resources: Sampler Of Useful Sites For Specific Practice Areas, Maureen Cahill

Presentations

No abstract provided.


The Limits Of Property Reparations, Gregory S. Alexander May 2003

The Limits Of Property Reparations, Gregory S. Alexander

Cornell Law Faculty Publications

Human history is replete with examples of unjustified expropriations of property by conquering states and other transitory regimes. Only in modern times, however, have nations attempted systematically to remedy historical injustices by providing reparations to the dispossessed owners or their successors. From the aboriginal peoples of the Antipodes to the Native Americans of Canada and the U.S. to the European victims of the German and Soviet communism, groups of people who were stripped of their land and possessions by fraud or force are demanding, and in many cases getting, reparations for these injustices. The thesis of this paper is that …


The Making Of The Second Rehnquist Court: A Preliminary Analysis, Thomas W. Merrill May 2003

The Making Of The Second Rehnquist Court: A Preliminary Analysis, Thomas W. Merrill

Saint Louis University Law Journal

No abstract provided.


Continuity And Coherence In The Rehnquist Court, John O. Mcginnis May 2003

Continuity And Coherence In The Rehnquist Court, John O. Mcginnis

Saint Louis University Law Journal

No abstract provided.


Table Of Contents May 2003

Table Of Contents

Saint Louis University Law Journal

No abstract provided.


Masthead May 2003

Masthead

Saint Louis University Law Journal

No abstract provided.


Introduction, Joel K. Goldstein May 2003

Introduction, Joel K. Goldstein

Saint Louis University Law Journal

No abstract provided.


Understanding The Rehnquist Court: An Admiring Reply To Professor Merrill, Erwin Chemerinsky May 2003

Understanding The Rehnquist Court: An Admiring Reply To Professor Merrill, Erwin Chemerinsky

Saint Louis University Law Journal

No abstract provided.


Judicial Epochs In Supreme Court History: Sifting Through The Fossil Record For Stitches In Time And Switches In Nine, Jim Chen May 2003

Judicial Epochs In Supreme Court History: Sifting Through The Fossil Record For Stitches In Time And Switches In Nine, Jim Chen

Saint Louis University Law Journal

No abstract provided.


The Limits Of Empirical Political Science And The Possibilities Of Living-Constitution Theory For A Retrospective On The Rehnquist Court, Eric R. Claeys May 2003

The Limits Of Empirical Political Science And The Possibilities Of Living-Constitution Theory For A Retrospective On The Rehnquist Court, Eric R. Claeys

Saint Louis University Law Journal

No abstract provided.


The Constitutional Structure And The Jurisprudence Of Justice Scalia, Bradford R. Clark May 2003

The Constitutional Structure And The Jurisprudence Of Justice Scalia, Bradford R. Clark

Saint Louis University Law Journal

No abstract provided.


Congress And The Making Of The Second Rehnquist Court, Neal Devins May 2003

Congress And The Making Of The Second Rehnquist Court, Neal Devins

Saint Louis University Law Journal

No abstract provided.


The Federal Court System: A Principal-Agent Perspective, Tracey E. George, Albert H. Yoon May 2003

The Federal Court System: A Principal-Agent Perspective, Tracey E. George, Albert H. Yoon

Saint Louis University Law Journal

No abstract provided.


Continuity On The Court: The Rehnquist Court’S Free Speech Cases, Alan J. Howard May 2003

Continuity On The Court: The Rehnquist Court’S Free Speech Cases, Alan J. Howard

Saint Louis University Law Journal

No abstract provided.


The Political (Science) Context Of Judging, Lee Epstein, Jack Knight, Andrew D. Martin May 2003

The Political (Science) Context Of Judging, Lee Epstein, Jack Knight, Andrew D. Martin

Saint Louis University Law Journal

No abstract provided.


Taking Political Science Seriously, H.W. Perry Jr. May 2003

Taking Political Science Seriously, H.W. Perry Jr.

Saint Louis University Law Journal

No abstract provided.


Opening The Courtroom Doors For Migrant Workers: The Need For A Nationwide Service Of Process Amendment To The Migrant And Seasonal Agricultural Worker Protection Act, Sunil Bhave May 2003

Opening The Courtroom Doors For Migrant Workers: The Need For A Nationwide Service Of Process Amendment To The Migrant And Seasonal Agricultural Worker Protection Act, Sunil Bhave

Saint Louis University Law Journal

No abstract provided.


Most Favored Nation Clauses, Jonathan Baker, William Kopit, Thomas Overstreet, Robert Mcnair, Jr., Steven Snow May 2003

Most Favored Nation Clauses, Jonathan Baker, William Kopit, Thomas Overstreet, Robert Mcnair, Jr., Steven Snow

Presentations

Event description The Federal Trade Commission and Department of Justice will commence public hearings in Washington, D.C. on February 26, 2003 on the implications of competition law and policy for health care financing and delivery. The hearings will broadly consider the impact of competition law and policy on the cost, quality, and availability of health care, and the incentives for innovation in the field. Specific subjects to be considered include hospital mergers, the significance of non-profit status, vertical integration, quality and efficiencies, the boundaries of the state action and Noerr-Pennington doctrines, monopsony power, the adequacy of existing remedies for anticompetitive …


Institutional Structure Of The New Jersey Coastal Zone Management Program, Urban Harbors Institute, University Of Massachusetts Boston May 2003

Institutional Structure Of The New Jersey Coastal Zone Management Program, Urban Harbors Institute, University Of Massachusetts Boston

Urban Harbors Institute Publications

A discussion paper prepared as part of a series of focus groups on the topic of the Institutional Structure of the New Jersey Coastal Zone Management Program.

The federal Coastal Zone Management Act of 1972 (CZMA), since amended, was established to help states and territories to develop and implement comprehensive coastal management programs formed around “enforceable policies”— the establishment of guiding principles and policies that are supported by a regulatory program. These enforceable policies also drive planning, funding, and outreach efforts by a state’s program.


Sealing The Coffin On The Experimental Use Exception, Jennifer Miller May 2003

Sealing The Coffin On The Experimental Use Exception, Jennifer Miller

Duke Law & Technology Review

In a petition for writ of certiorari, Duke University requests that the Supreme Court reverse a Federal Circuit holding that, in its view, "seals the coffin on the experimental use exception for private universities." This iBrief discusses the Federal Circuit's decision in Madey v. Duke University and its possible effects on the progress of science.


Exploding Causalities: An Example From Iraq, Ibpp Editor May 2003

Exploding Causalities: An Example From Iraq, Ibpp Editor

International Bulletin of Political Psychology

This article provides explanations for a seemingly paradoxical social psychological response to the April 26, 2003 explosions within an ammunition dump in Baghdad.


Can The Internet Kill? Holding Web Investigators Liable For Their Criminal Customers, Mark Sweet May 2003

Can The Internet Kill? Holding Web Investigators Liable For Their Criminal Customers, Mark Sweet

Duke Law & Technology Review

As the wealth of online information grows, private investigation websites are becoming more powerful and popular. Their client lists include attorneys, insurance agencies, banks, neighbors, employers, and, oh yes, stalkers and identity thieves. When a stalker used information from a web investigator to track down and kill his victim, the New Hampshire Supreme Court held the investigator liable for its customer's criminal acts. This iBrief considers how far liability should extend for a web investigator, distinguishes web investigators from handgun and bullet retailers, and explains how this decision realizes a policy against privacy invasions.