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2003

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Articles 61 - 90 of 8863

Full-Text Articles in Law

Integrating The Indian Trust Doctrine Into The Constitution, Alex Tallchief Skibine Dec 2003

Integrating The Indian Trust Doctrine Into The Constitution, Alex Tallchief Skibine

Tulsa Law Review

No abstract provided.


Note From The Editor Dec 2003

Note From The Editor

Alaska Law Review

No abstract provided.


No Competition: How Radio Consolidation Has Diminished Diversity And Sacrificed Localism, Gregory M. Prindle Dec 2003

No Competition: How Radio Consolidation Has Diminished Diversity And Sacrificed Localism, Gregory M. Prindle

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Terminating Active Efforts: The Alaska Supreme Court Misfires In J.S. V. State, Mark Andrews Dec 2003

Terminating Active Efforts: The Alaska Supreme Court Misfires In J.S. V. State, Mark Andrews

Alaska Law Review

No abstract provided.


Introduction To The Online Colorado Litigator's Handbook, Robert S. Anderson Dec 2003

Introduction To The Online Colorado Litigator's Handbook, Robert S. Anderson

Sturm College of Law: Faculty Scholarship

The Litigator's Handbook includes surveys of district court judges throughout the state with detailed questions of each judge's preferences and proscriptions for practice and procedure; answers to some questions that attorneys want to know but may be afraid to ask; and commentary that indicates the court's general level of receptiveness to particular types of requests.


Federal Tenure Denial Litigation Involving Private Colleges And Universities, Robert P. Hamill Dec 2003

Federal Tenure Denial Litigation Involving Private Colleges And Universities, Robert P. Hamill

All-Inclusive List of Electronic Theses and Dissertations

Since 1972, the volume of federal litigation involving faculty and their institutions has escalated. Tenure denial litigation, too, has increased. Prior to 1972, there were no published federal tenure denial decisions involving private colleges and universities. Since 1972, the number of published tenure denial decisions in the private institutional setting has increased steadily. Higher education administrators need to understand the risks that are involved in the tenure review process. These risks include the possibility of a protracted and costly lawsuit. Such a lawsuit could result in having key administrators spend enormous amounts of time preparing for trial and testifying in …


Table Of Contents Dec 2003

Table Of Contents

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Tax Advantages Of Sports Franchises: Part Ii - Estate Planning, John R. Dorocak Dec 2003

Tax Advantages Of Sports Franchises: Part Ii - Estate Planning, John R. Dorocak

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Why Conforming With Title Ix Hurts Men's Collegiate Sports, David Klinker Dec 2003

Why Conforming With Title Ix Hurts Men's Collegiate Sports, David Klinker

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


How Far Have We Come? A Look At The Olympic And Amateur Sports Act Of 1998, The United States Olympic Committee, And The Winter Olympic Games Of 2002, Noëlle K. Nish Dec 2003

How Far Have We Come? A Look At The Olympic And Amateur Sports Act Of 1998, The United States Olympic Committee, And The Winter Olympic Games Of 2002, Noëlle K. Nish

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


First Amendment - Establishment Clause - Student-Led, Student-Initiated Prayer At Football Games Violates The Establishment Clause - Santa Fe Independent School District V. Doe, 530 U.S. 290 (2000)., Bridget Asplund Dec 2003

First Amendment - Establishment Clause - Student-Led, Student-Initiated Prayer At Football Games Violates The Establishment Clause - Santa Fe Independent School District V. Doe, 530 U.S. 290 (2000)., Bridget Asplund

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Fees For Extracurricular Activities Alienate Students Who Would Otherwise Participate And Should Be Replaced With Alternate Means Of Fundraising, Shannon M. Ryan Dec 2003

Fees For Extracurricular Activities Alienate Students Who Would Otherwise Participate And Should Be Replaced With Alternate Means Of Fundraising, Shannon M. Ryan

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


From Regulating Organization To Multi-Billion Dollar Business: The Ncaa Is Commercializing The Amateur Competition It Has Taken Almost A Century To Create, Lindsay J. Rosenthal Dec 2003

From Regulating Organization To Multi-Billion Dollar Business: The Ncaa Is Commercializing The Amateur Competition It Has Taken Almost A Century To Create, Lindsay J. Rosenthal

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Tiny Glimmer Of Hope For Student Athletes Affected By Suspicionless Drug Testing Policies Rests In The States, Ingrid E. Melnichuk Dec 2003

Tiny Glimmer Of Hope For Student Athletes Affected By Suspicionless Drug Testing Policies Rests In The States, Ingrid E. Melnichuk

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Coaches' Liability For Athletes' Injuries And Deaths, Thomas R. Hurst, James N. Knight Dec 2003

Coaches' Liability For Athletes' Injuries And Deaths, Thomas R. Hurst, James N. Knight

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Editorial Board - Vol. 13, No. 2 2003 Dec 2003

Editorial Board - Vol. 13, No. 2 2003

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Speaking Law To Power: Joan Fitzpatrick, 1950-2003 (Obituary), Jennifer Moore Dec 2003

Speaking Law To Power: Joan Fitzpatrick, 1950-2003 (Obituary), Jennifer Moore

Faculty Scholarship

Her scholarship embraced the rights of refugees and migrants, legal limits on the waging and methodology of war, due process before international tribunals, and essential restraints on the exercise of state power in self-proclaimed emergencies, including the war on terrorism.


Panel Ii: Conflicts Of Interest In Sports, John D. Feerick, David Feher, Craig E. Fenech, Charles Grantham, Steven C. Krane, Nicole Coward Dec 2003

Panel Ii: Conflicts Of Interest In Sports, John D. Feerick, David Feher, Craig E. Fenech, Charles Grantham, Steven C. Krane, Nicole Coward

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Glass Sneaker: Thirty Years Of Victories And Defeats Involving Title Ix And Sex Discrimination In Athletics, Diane Heckman Dec 2003

The Glass Sneaker: Thirty Years Of Victories And Defeats Involving Title Ix And Sex Discrimination In Athletics, Diane Heckman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Rethinking Reexamination Reform: Is It Time For Corrective Surgery, Or Is It Time To Amputate?, Kristn Jakobsen Osenga Dec 2003

Rethinking Reexamination Reform: Is It Time For Corrective Surgery, Or Is It Time To Amputate?, Kristn Jakobsen Osenga

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Blaine Amendments, Anti-Catholicism And Catholic Dogma, Marc D. Stern Dec 2003

Blaine Amendments, Anti-Catholicism And Catholic Dogma, Marc D. Stern

First Amendment Law Review

No abstract provided.


The Historical Context Of The Failed Federal Blaine Amendment Of 1876, Ward M. Mcafee Dec 2003

The Historical Context Of The Failed Federal Blaine Amendment Of 1876, Ward M. Mcafee

First Amendment Law Review

No abstract provided.


Local Government Litigation: Some Pivotal Principles, R. Perry Sentell Jr. Dec 2003

Local Government Litigation: Some Pivotal Principles, R. Perry Sentell Jr.

Mercer Law Review

The legal sage, Oliver Wendell Holmes, Jr., once observed that "[flacts do not often exactly repeat themselves in practice; but cases with comparatively small variations from each other do." Although Holmes employed the observation in a specific litigation context, his insight obviously possesses a broader relevance. At other junctures as well, that is to say, law's continuity bears emphasis as a fundamental feature of complete juridical synthesis. ...

The phenomenon periodically manifests itself to a degree deserving attention from those who appreciate case law's historical component. This brief account seeks to provide illustrative focus. It assembles a small assortment of …


Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford Dec 2003

Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford

Mercer Law Review

This Article examines the major cases decided and legislation enacted during the period from June 1, 2002 through May 31, 2003. The cases and statutes discussed cover the substantive law relating to decedents' estates, trusts, and guardianships, and to the fiduciaries who administer these entities. The cases also explore procedural rules that apply in litigation arising from the creation and ongoing administration of these legal relationships.


What The Supreme Court Could Learn About The Child Online Protection Act By Reading Playboy, Shaun Richardson Dec 2003

What The Supreme Court Could Learn About The Child Online Protection Act By Reading Playboy, Shaun Richardson

William & Mary Bill of Rights Journal

Due to the ease of Internet searching, Congress has passed the Child Online Protection Act to protect children from sexually explicit material. Although the Supreme Court has not directly decided the issue, it has hinted that the Act may survive a First Amendment challenge. In this Note, the author argues reasons why the Act should not survive a First Amendment challenge, and that measures such as parental empowerment via government-facilitated use of Internet filtering software are preferable


The Jurisprudential Revolution: Unlocking Human Potential In Grutter And Lawrence, Wilson Huhn Dec 2003

The Jurisprudential Revolution: Unlocking Human Potential In Grutter And Lawrence, Wilson Huhn

William & Mary Bill of Rights Journal

No abstract provided.


Privacy Rights Versus Foia Disclosure Policy: The "Uses And Effects" Double Standard In Access To Personally-Identifiable Information In Government Records, Michael Hoefges, Martin E. Halstuk, Bill F. Chamberlin Dec 2003

Privacy Rights Versus Foia Disclosure Policy: The "Uses And Effects" Double Standard In Access To Personally-Identifiable Information In Government Records, Michael Hoefges, Martin E. Halstuk, Bill F. Chamberlin

William & Mary Bill of Rights Journal

The U.S. government maintains a vast amount of personally-identifiable information on millions of American citizens. Much of this information is contained in electronic databases maintained by federal agencies. Various Freedom of Information Act (FOIA) requesters, such as journalists, marketers, and union organizers seek this information for different purposes including investigative reporting and targeted solicitations. These kinds of uses are known as "derivative uses" because this government-compiled information is requested for purposes other than the official purposes for which the information was originally gathered. These and other derivative uses of personally-identifiable information often implicate privacy concerns. Conversely, restrictions on public access …


United States Citizens Detained As "Enemy Combatants": The Right To Counsel As A Matter Of Ethics, Jesselyn A. Radack Dec 2003

United States Citizens Detained As "Enemy Combatants": The Right To Counsel As A Matter Of Ethics, Jesselyn A. Radack

William & Mary Bill of Rights Journal

The Supreme Court will decide as a matter of law whether an American citizen detained as an enemy combatant has the right to counsel. The author argues that as a matter of ethics, the answer is clear - there is a right to counsel. In this Article, the author analyzes the cases regarding Jose Padilla and Yaser Esam Hamdi discusses ABA Model Rule 4.2, and its application, and proposes an amendment to Rule 4.2's Comment.


Domestic Relations, Missouri V. Holland, And The New Federalism, Mark Strasser Dec 2003

Domestic Relations, Missouri V. Holland, And The New Federalism, Mark Strasser

William & Mary Bill of Rights Journal

No abstract provided.


Justice By Any Other Name: The Right To A Jury Trial And The Criminal Nature Of Juvenile Justice In Louisiana, Kerrin C. Wolf Dec 2003

Justice By Any Other Name: The Right To A Jury Trial And The Criminal Nature Of Juvenile Justice In Louisiana, Kerrin C. Wolf

William & Mary Bill of Rights Journal

The juvenile justice system has become increasingly punitive in recent decades. While the juvenile justice system has come to resemble the adult system in this way, juveniles facing adjudication nevertheless are denied the essential Sixth Amendment due process right. This Note will argue that the Louisiana Supreme Court decided State ex rel. D.J. incorrectly and, further, will demonstrate that the nation as a whole should revisit the place of juries in juvenile proceedings.