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 7411 - 7440 of 8877

Full-Text Articles in Law

Masthead, Volume 54 Issue 1 (2003) Jan 2003

Masthead, Volume 54 Issue 1 (2003)

Case Western Reserve Law Review

No abstract provided.


Volume 54 Issue 1 (2003), Case Western Reserve Law Review Jan 2003

Volume 54 Issue 1 (2003), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.


Masthead, Volume 54 Issue 1 (2003) Jan 2003

Masthead, Volume 54 Issue 1 (2003)

Case Western Reserve Law Review

No abstract provided.


The Losing Argument Continues For Prevailing Without Winning: A Critical Summary Of The Impact Of Buckhanon On The Catalyst Theory, Laura Kendall Jan 2003

The Losing Argument Continues For Prevailing Without Winning: A Critical Summary Of The Impact Of Buckhanon On The Catalyst Theory, Laura Kendall

Case Western Reserve Law Review

No abstract provided.


Shielded Beyond State Limits: Examining Conflict-Of-Law Issues In Limited Liability Partnerships, Christine M. Przybysz Jan 2003

Shielded Beyond State Limits: Examining Conflict-Of-Law Issues In Limited Liability Partnerships, Christine M. Przybysz

Case Western Reserve Law Review

No abstract provided.


You Hurt My Feelings, Now Pay Up: Should Objective Evidence Be Required To Support Claims For Emotional Distress Damages In Employment Discrimination Cases ?, Jennifer R. Gowens Jan 2003

You Hurt My Feelings, Now Pay Up: Should Objective Evidence Be Required To Support Claims For Emotional Distress Damages In Employment Discrimination Cases ?, Jennifer R. Gowens

Case Western Reserve Law Review

No abstract provided.


Faith-Based Initiatives: Expanding Government Collaboration With Faith-Based Social Service Providers, Robert W. Carter Jr. Jan 2003

Faith-Based Initiatives: Expanding Government Collaboration With Faith-Based Social Service Providers, Robert W. Carter Jr.

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


Bargaining In The Shadow Of Copyright Law After Tasini, Maureen A. O'Rourke Jan 2003

Bargaining In The Shadow Of Copyright Law After Tasini, Maureen A. O'Rourke

Case Western Reserve Law Review

No abstract provided.


Comment: Pennies For Their Thoughts ?: The Value Of Wristers' Digital Rights, Emily Bass Jan 2003

Comment: Pennies For Their Thoughts ?: The Value Of Wristers' Digital Rights, Emily Bass

Case Western Reserve Law Review

No abstract provided.


Comment: How Tangled Is The Web ?, David O. Carson Jan 2003

Comment: How Tangled Is The Web ?, David O. Carson

Case Western Reserve Law Review

No abstract provided.


Filtering Out Protection: The Law, The Library, And Our Legacies, David F. Norden Jan 2003

Filtering Out Protection: The Law, The Library, And Our Legacies, David F. Norden

Case Western Reserve Law Review

No abstract provided.


A Businessperson's Perspective Concerning Joint Ventures, Daniel F. Austin Jan 2003

A Businessperson's Perspective Concerning Joint Ventures, Daniel F. Austin

Case Western Reserve Law Review

No abstract provided.


Strategic Alliances And Corporate Control, Stephen Fraidin, Radu Lelutiu Jan 2003

Strategic Alliances And Corporate Control, Stephen Fraidin, Radu Lelutiu

Case Western Reserve Law Review

No abstract provided.


Governing Alliances: Advancing Knowledge And Controlling Opportunism, Susan R. Helper Jan 2003

Governing Alliances: Advancing Knowledge And Controlling Opportunism, Susan R. Helper

Case Western Reserve Law Review

No abstract provided.


Keep Your Eyes Open: Avoiding Unintended Consequences In Joint Venture Relationships, Jeanne M. Rickert Jan 2003

Keep Your Eyes Open: Avoiding Unintended Consequences In Joint Venture Relationships, Jeanne M. Rickert

Case Western Reserve Law Review

No abstract provided.


Will Mortgage Law Survive ? A Commentary And Critique On Mortgage Law's Birth, Long Life, And Current Proposals For Its Demise, Morris G. Shanker Jan 2003

Will Mortgage Law Survive ? A Commentary And Critique On Mortgage Law's Birth, Long Life, And Current Proposals For Its Demise, Morris G. Shanker

Case Western Reserve Law Review

No abstract provided.


Plaintiffs' Direct Evidence Burden In Mixed-Motive Disparate Treatment Cases: An Analysis In Light Of Costa V. Desert Palace, Jennifer R. Gowens Jan 2003

Plaintiffs' Direct Evidence Burden In Mixed-Motive Disparate Treatment Cases: An Analysis In Light Of Costa V. Desert Palace, Jennifer R. Gowens

Case Western Reserve Law Review

No abstract provided.


Narrative Highground: The Failure Of Intervention As A Procedural Device In Affirmative Action Litigation, Danielle R. Holley Jan 2003

Narrative Highground: The Failure Of Intervention As A Procedural Device In Affirmative Action Litigation, Danielle R. Holley

Case Western Reserve Law Review

No abstract provided.


Relational Contract Theory And Democratic Citizenship, James W. Fox Jr. Jan 2003

Relational Contract Theory And Democratic Citizenship, James W. Fox Jr.

Case Western Reserve Law Review

No abstract provided.


Volume 54 Issue 1 (2003), Case Western Reserve Law Review Jan 2003

Volume 54 Issue 1 (2003), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.


The (Un)Informed Electorate: Insights Into The Supreme Court's Electoral Speech Cases, Raleigh Hannah Levine Jan 2003

The (Un)Informed Electorate: Insights Into The Supreme Court's Electoral Speech Cases, Raleigh Hannah Levine

Case Western Reserve Law Review

No abstract provided.


A Future Foretold: Neo-Aristotelian Praise Of Postmodern Legal Theory, Francis J. Mootz Iii Jan 2003

A Future Foretold: Neo-Aristotelian Praise Of Postmodern Legal Theory, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

No abstract provided.


Teaching Law Students To Be Self- Regulated Learners, Michael Hunter Schwartz Jan 2003

Teaching Law Students To Be Self- Regulated Learners, Michael Hunter Schwartz

McGeorge School of Law Scholarly Articles

No abstract provided.


The Clergy Sexual Abuse Crisis And The Spirit Of Canon Law, John J. Coughlin Jan 2003

The Clergy Sexual Abuse Crisis And The Spirit Of Canon Law, John J. Coughlin

Journal Articles

Recent revelations of cases in which Catholic priests have sexually abused minors over the course of the last five decades have drawn intense media scrutiny and public outrage. But discipline of the clergy for sexual offenses is not novel in the history of the Catholic Church, and canonical structures have long been in place to address the problem. This Article argues that the recent crisis has resulted in part from a failure to respect and enforce the relevant provisions of canon law. If bishops had fulfilled their duty to abide by the rule of law, especially in the cases involving …


Proposals To Expel Palestinians From The Occupied Territories As Catalyst For A Civil Adjudication Campaign, Catherine A. Rogers Jan 2003

Proposals To Expel Palestinians From The Occupied Territories As Catalyst For A Civil Adjudication Campaign, Catherine A. Rogers

Faculty Scholarship

I begin in Part II with a brief sketch of the history of stated policies to expel Palestinians from what is now Israel and the Occupied Territories, and then examine recent proposals that have been made and actions that have been taken to implement modern re-articulations of those historic policies. In Part III, I then review the grounds on which international law proscribes mass expulsions of indigenous and occupied peoples. While international law governing this issue is clear in its application and has been overwhelmingly endorsed by the larger international community, international law seems to have little influence on Israel's …


Substantially Limited Justice?: The Possibilities And Limits Of A New Rawlsian Analysis Of Disability-Based Discrimination, Elizabeth Pendo Jan 2003

Substantially Limited Justice?: The Possibilities And Limits Of A New Rawlsian Analysis Of Disability-Based Discrimination, Elizabeth Pendo

Articles

John Rawls has been called the most significant and influential moral philosopher of the twentieth century, and his ideas have deeply influenced discussions of social, political, and economic justice across disciplines including law, philosophy, and political science. Given his preeminence, does Rawls's theory of justice as fairness fail in either of the two ways described above or is it a promising analysis for achieving justice for people with disabilities?

In its most recent terms, the Supreme Court has increasingly turned its attention toward the Americans with Disabilities Act of 1990 (the ADA). In several significant decisions, it has grappled with …


Brief Of Amici Curiae On Behalf Of A Committee Of Concerned Black Graduates Of Aba Accredited Law Schools: Vicky L. Beasley, Devon W. Carbado, Tasha L. Cooper, Kimberlé Crenshaw, Luke Charles Harris, Shavar Jeffries, Sidney Majalya, Wanda R. Stansbury, Jory Steele, Et Al., In Support Of Respondents, Mary Mack Adu Esq. Jan 2003

Brief Of Amici Curiae On Behalf Of A Committee Of Concerned Black Graduates Of Aba Accredited Law Schools: Vicky L. Beasley, Devon W. Carbado, Tasha L. Cooper, Kimberlé Crenshaw, Luke Charles Harris, Shavar Jeffries, Sidney Majalya, Wanda R. Stansbury, Jory Steele, Et Al., In Support Of Respondents, Mary Mack Adu Esq.

Michigan Journal of Race and Law

In the Supreme Court of the United States. Barbara Grutter V. Lee Bollinger


"The Implicit Association Test": A Measure Of Unconscious Racism In Legislative Decision-Making, Reshma M. Saujani Jan 2003

"The Implicit Association Test": A Measure Of Unconscious Racism In Legislative Decision-Making, Reshma M. Saujani

Michigan Journal of Race and Law

This Article argues that the Court will not fulfill the promise of the Equal Protection Clause unless the Court adapts its vision of antidiscrimination to account for the complex nature of discrimination. Imagine that we could measure unconscious discrimination. If so, then we could broaden the concept of purposeful discrimination to include the measurement of a legislator's reliance on unconscious racial stereotypes. Such a measuring device may already exist: The Implicit Association Test (IAT), a computer-based test developed by Yale and University of Washington psychologists. Researchers do not yet know how well the IAT can uncover racial stereotypes; however, if …


Sexual Violence As Genocide: The Developing Law Of The International Criminal Tribunals And The International Criminal Court, Jonathan M.H. Short Jan 2003

Sexual Violence As Genocide: The Developing Law Of The International Criminal Tribunals And The International Criminal Court, Jonathan M.H. Short

Michigan Journal of Race and Law

This note will explore the treatment of the two primary violent sexual acts, rape and forced pregnancy, in modern international criminal law; more specifically in its treatment as genocide. The woman as an individual is the primary sufferer of sexual violence during armed conflict, however sexual violence is a calculated means by which perpetrators seek to destroy an entire ethnic group. Sexual violence is both an attack against the woman and an attack against the ethnic group, and should be prosecuted as such. While crimes against individuals are best prosecuted as crimes against humanity or under domestic law, crimes committed …


Locked In Inequality: The Persistence Of Discrimination, Daria Roithmayr Jan 2003

Locked In Inequality: The Persistence Of Discrimination, Daria Roithmayr

Michigan Journal of Race and Law

In this Article, the author argues that the practice of charging school fees to attend public school is an example of locked-in discrimination that persists over time, even in the absence of intentional discrimination. Exploring the lock-in model of discrimination in the unique context of South Africa, Roithmayr makes two central points. First, discriminatory practices often become locked into institutional structures because high switching costs-the costs of moving from a discriminatory practice to an inclusive one—make it too difficult for an institution to discontinue discriminating. Even when institutional actors are fully committed to eradicating racial disparity, they may be constrained …