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2003

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Articles 2131 - 2160 of 8879

Full-Text Articles in Law

“Do You Believe In Miracles?”, Richard E. Wiley May 2003

“Do You Believe In Miracles?”, Richard E. Wiley

Federal Communications Law Journal

No abstract provided.


Masthead Vol.55 No.3 (2003) May 2003

Masthead Vol.55 No.3 (2003)

Federal Communications Law Journal

No abstract provided.


Traditional Equity And Contemporary Procedure, Thomas O. Main May 2003

Traditional Equity And Contemporary Procedure, Thomas O. Main

Washington Law Review

This Article offers extensive background on the development and eventual merger of the regimes of law and equity, and suggests that the procedural infrastructure of a unified system must be sufficiently elastic to accommodate the traditional jurisdiction of equity. As the Federal Rules of Civil Procedure become increasingly more elaborate and technical, strict application of those procedural rules can generate mischievous results and hardship. This Article suggests that equity remains a source of authority for district judges to avoid the application of a procedural rule when technical compliance would produce an inequitable result. A separate system of equity provided a …


Research To Practice: Local Vocational Rehabilitation Interagency Agreements For Employment: Partners, Collaborative Activities, And Impact, Cynthia A. Smith, Deborah S. Metzel, Bob Schalock May 2003

Research To Practice: Local Vocational Rehabilitation Interagency Agreements For Employment: Partners, Collaborative Activities, And Impact, Cynthia A. Smith, Deborah S. Metzel, Bob Schalock

Research to Practice Series, Institute for Community Inclusion

Federal legislation and state policies increasingly mandate or encourage interagency agreements and collaboration. This study examined the content and impact of interagency agreements between the local office of VR and the following local state agencies for FY1999: Mental Retardation/Developmental Disabilities, Mental Health, local schools, and Temporary Assistance to Needy Families.


The Decline Of Judicial Decisionmaking: School Desegregation And District Court Judges, Wendy Parker May 2003

The Decline Of Judicial Decisionmaking: School Desegregation And District Court Judges, Wendy Parker

North Carolina Law Review

No abstract provided.


The Limited Influence Of Social Science Evidence In Modern Desegregation Cases, James E. Ryan May 2003

The Limited Influence Of Social Science Evidence In Modern Desegregation Cases, James E. Ryan

North Carolina Law Review

No abstract provided.


The Federal No Child Left Behind Act And The Post-Desegregation Civil Rights Agenda, James S. Liebman, Charles F. Sabel May 2003

The Federal No Child Left Behind Act And The Post-Desegregation Civil Rights Agenda, James S. Liebman, Charles F. Sabel

North Carolina Law Review

No abstract provided.


International Treaty Internalization In Mexico: Problems And Prospects, Erica B. Schommer May 2003

International Treaty Internalization In Mexico: Problems And Prospects, Erica B. Schommer

Faculty Articles

This study seeks to explore how Mexico can close the gap between domestic law and international human rights treaty norms by examining the process of norm internalization. In order to do so, the case of Mexico is compared with other countries in an effort to try and determine what factors increase the likelihood of successful norm internalization.


State, Islam, And Religious Liberty In Modern Turkey: Reconfiguration Of Religion In The Public Sphere, Talip Kucukcan May 2003

State, Islam, And Religious Liberty In Modern Turkey: Reconfiguration Of Religion In The Public Sphere, Talip Kucukcan

BYU Law Review

No abstract provided.


Russia's War On Political And Religious Extremism: An Appraisal Of The Law "On Counteracting Extremist Activity", J. Brian Gross May 2003

Russia's War On Political And Religious Extremism: An Appraisal Of The Law "On Counteracting Extremist Activity", J. Brian Gross

BYU Law Review

No abstract provided.


The Legal And Political Future Of Physician-Assisted Suicide, Larry Palmer May 2003

The Legal And Political Future Of Physician-Assisted Suicide, Larry Palmer

Cornell Law Faculty Publications

No abstract provided.


The Tangled Web--Complexities, Fallacies And Misconceptions Regarding The Decision To Release Treated Sexual Offenders From Civil Commitment To Society, Leroy L. Kondo May 2003

The Tangled Web--Complexities, Fallacies And Misconceptions Regarding The Decision To Release Treated Sexual Offenders From Civil Commitment To Society, Leroy L. Kondo

Northern Illinois University Law Review

"When should a treated rapist, child molester or other sexual offender, convicted under a sexually violent predator statute, be released to society?" This question is fraught with multiple levels of complexity in a tangled web of misconceptions, fallacies, myths, and pitfalls reflected in the scientific and legal literature. Several excellent scientific reviews have documented tremendous progress in sexual recidivism research over the past few decades. However, decision-makers (e.g., psychiatrists, psychologists, social workers, judges, juries, district attorneys, public defenders, parole officers, and administrators of both correctional facilities and hospitals) remain confronted with a plethora of conceptual landmines and a morass of …


Twenty-First Annual Northern Illinois University College Of Law Prize Moot Court Competition: Best Petitioner's Brief, C. Scott Brinkman, Meaghan Ring May 2003

Twenty-First Annual Northern Illinois University College Of Law Prize Moot Court Competition: Best Petitioner's Brief, C. Scott Brinkman, Meaghan Ring

Northern Illinois University Law Review

No abstract provided.


Twenty-First Annual Northern Illinois University College Of Law Prize Moot Court Competition: Best Respondent's Brief, Charlotte Leclercq, Kory A. Atkinson May 2003

Twenty-First Annual Northern Illinois University College Of Law Prize Moot Court Competition: Best Respondent's Brief, Charlotte Leclercq, Kory A. Atkinson

Northern Illinois University Law Review

No abstract provided.


Vol. 23, No. 2, Spring 2003: Table Of Contents, Northern Illinois University Law Review May 2003

Vol. 23, No. 2, Spring 2003: Table Of Contents, Northern Illinois University Law Review

Northern Illinois University Law Review

No abstract provided.


Segregation And Resegregation In North Carolina's Public School Classrooms, Charles T. Clotfelter, Helen F. Ladd, Jacob L. Vigdor May 2003

Segregation And Resegregation In North Carolina's Public School Classrooms, Charles T. Clotfelter, Helen F. Ladd, Jacob L. Vigdor

North Carolina Law Review

No abstract provided.


What Else Can You Do With A Law Degree?, Gary A. Munneke May 2003

What Else Can You Do With A Law Degree?, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

Excerpt from Nonlegal Careers for Lawyers, the latest book in the ABA Career Series.


No Badges, No Bars: A Conspicuous Oversight In The Development Of An International Criminal Court, Mary Margaret Penrose May 2003

No Badges, No Bars: A Conspicuous Oversight In The Development Of An International Criminal Court, Mary Margaret Penrose

Faculty Scholarship

If the ICC is truly to become a world criminal court, then this body should begin to clothe itself with all the traditional components of a criminal justice system. A successful international criminal court cannot be dependent on the political will of so-called cooperating states. Crimes that fall within the jurisdiction of the ICC should be subject to prosecution by the court, which requires that there exist some body or agency capable of enforcing indictments and arresting suspected individuals. A court is but one piece of a greater body of criminal justice. In addition to the need for contemporaneous and …


Foreword: Is Civil Rights Law Dead?, John Valery White May 2003

Foreword: Is Civil Rights Law Dead?, John Valery White

Louisiana Law Review

No abstract provided.


Achievements And Future Goals Of The Government Of Serbia In The Field Of Religious Freedom, Dusan Rakitic May 2003

Achievements And Future Goals Of The Government Of Serbia In The Field Of Religious Freedom, Dusan Rakitic

BYU Law Review

No abstract provided.


The Prisoner's Campaign: Felony Disenfranchisement Laws And The Right To Hold Public Office, Andrea Steinacker May 2003

The Prisoner's Campaign: Felony Disenfranchisement Laws And The Right To Hold Public Office, Andrea Steinacker

BYU Law Review

No abstract provided.


Adult Survivors Of Childhood Sexual Abuse Seeking Compensation From Their Abusers: Are Illinois Courts Fairly Applying The Discovery Rule To All Victims?, Chrissie F. Garza May 2003

Adult Survivors Of Childhood Sexual Abuse Seeking Compensation From Their Abusers: Are Illinois Courts Fairly Applying The Discovery Rule To All Victims?, Chrissie F. Garza

Northern Illinois University Law Review

Victims of this childhood sexual abuse suffer tremendous injuries, some of which can carry on into adulthood. Some of the injuries might not manifest until years after the abuse has ended. Adults often do not realize that the psychological problems that plague them day after day, year after year, are a result of the abuse they suffered through as children. When victims make this causal connection, some want to pursue civil damages so that the defendant can compensate them for their injuries. Unfortunately, most often the victims' claims are barred by the statute of limitations. Some jurisdictions apply the discovery …


Twenty-First Annual Northern Illinois University College Of Law Prize Moot Court Competition, Northern Illinois University Law Review May 2003

Twenty-First Annual Northern Illinois University College Of Law Prize Moot Court Competition, Northern Illinois University Law Review

Northern Illinois University Law Review

Program, judges, participants and case summary for the competition.


Voting With Cues, Elizabeth Garrett May 2003

Voting With Cues, Elizabeth Garrett

University of Richmond Law Review

No abstract provided.


Sex Offender Registration And Community Notification Laws: Will These Laws Survive?, Kimberly B. Wilkins May 2003

Sex Offender Registration And Community Notification Laws: Will These Laws Survive?, Kimberly B. Wilkins

University of Richmond Law Review

No abstract provided.


Escaping The Asylum: When Freedom Is A Crime, Grant H. Morris May 2003

Escaping The Asylum: When Freedom Is A Crime, Grant H. Morris

San Diego Law Review

This Article discusses the constitutionality and desirability of laws that criminalize escape by civilly committed mental patients from the hospitals or other treatment facilities in which they are confined. Although escape by sentence-serving convicts is a crime in many states, regardless of whether they escape from prison or from another place of confinement or custody, escape by “regular” civilly committed mental patients is not. Nevertheless, criminalization of escape is becoming increasingly popular for “special” civilly committed patients, such as individuals who have been acquitted of crime by reason of insanity and sexually violent predators. Pivotal Supreme Court decisions involving specially …


The Antitrust-Telecom Connection, Steven Semeraro May 2003

The Antitrust-Telecom Connection, Steven Semeraro

San Diego Law Review

This Article discusses the Telecommunications Act of 1996, which requires local telephone service providers to provide certain services to competitive local exchange carriers, and its relation to the Sherman Antitrust Act. The author begins by examining the Telecommunications Act and the allegations in the telecom-antitrust cases. In these cases, some courts have held that the antitrust laws apply to local telephone companies as if the Telecommunications Act did not exist, other courts have dismissed identical antitrust claims. The author attempts to explain these conflicting results by showing court's reliance on two different lines of doctrine: implied immunity and antitrust state …


The Stubbornness Of Pretexts, Daniel Y. Yeager May 2003

The Stubbornness Of Pretexts, Daniel Y. Yeager

San Diego Law Review

This Article discusses the issue of pretext and whether evidence discovered by way of a pretext violate the Fourth Amendment's injunction against unreasonable searches and seizures. The author begins by examining what a pretext is, concluding that a pretext is a way of criticizing an action that had a motive that is incompatible with the ordinary, conventional reasons for the action. The author then discusses pretextual police action and the Supreme Court case of Whren v. US 's failure to acknowledge what counts as pretext. The author goes on to discuss the Supreme Court case of Arkansas v. Sullivan and …


The Many Faces Of Mandates: Beyond Traditional Accommodation Mandates And Other Classic Cases, Yoram Margaloith May 2003

The Many Faces Of Mandates: Beyond Traditional Accommodation Mandates And Other Classic Cases, Yoram Margaloith

San Diego Law Review

This Article discusses the use of mandated benefits and tax-financed programs to enhance the welfare of workers. The author begins by assessing several cases and the basic framework of labor supply and demand that is important for understanding arguments made later in the article. The author then discusses efficiency and the justification for the government's intervention in the labor market. The author then argues that both mandated benefits and tax-financed programs can be equally efficient because they are both susceptible to the same type of deadweight loss. Whether to use one or the other should be determined on a case-by-case …


Why The Bar Needs Academics - And Vice Versa, Fred C. Zacharias May 2003

Why The Bar Needs Academics - And Vice Versa, Fred C. Zacharias

San Diego Law Review

This Article argues that practicing attorneys have a need for academics to bring the their legal approaches back to a sense of reality. The author makes this argument by giving three examples of personal experience at a recent symposium sponsored by the University of Arizona College of Law, entitled "The Future Structure and Regulation of Law Practice." The author claims that sometimes practitioners are blinded by their own traditions and refused to consider new and better approaches. Academics who have less at stake in existing traditions are more willing to consider new solutions.