Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
Articles 1 - 16 of 16
Full-Text Articles in Law
Settlements And Secrets: Is The Sunshine Chilly, James E. Rooks Jr.
Settlements And Secrets: Is The Sunshine Chilly, James E. Rooks Jr.
South Carolina Law Review
No abstract provided.
Justice Advanced: Comments On William Nelson’S Brown V. Board Of Education And The Jurisprudence Of Legal Realism, Robert J. Cottrol
Justice Advanced: Comments On William Nelson’S Brown V. Board Of Education And The Jurisprudence Of Legal Realism, Robert J. Cottrol
Saint Louis University Law Journal
No abstract provided.
Brown V. Board Of Education And The Jurisprudence Of Legal Realism, William E. Nelson
Brown V. Board Of Education And The Jurisprudence Of Legal Realism, William E. Nelson
Saint Louis University Law Journal
No abstract provided.
The Constitutionalization Of Quebec Libel Law, 1848-2004, Joseph Kary
The Constitutionalization Of Quebec Libel Law, 1848-2004, Joseph Kary
Osgoode Hall Law Journal
In 1848, a Quebec judge changed the law of defamation to accord with the newly-applicable constitutional right to freedom of speech. His decision and those that followed seem strange now that the Supreme Court of Canada has held that Charter rights do not apply to private law. These decisions show that the constitutionalization of libel law was not an American innovation, but rather one that emerged in Canada over a century earlier. This article analyzes the Quebec cases in detail, and suggests that they were grounded in liberal ideas about the British Constitution that were prevalent in Lower Canada at …
Charterwithout Borders? The Supreme Court Of Canada, Transnational Crime And Constitutional Rights And Freedoms, Robert J. Currie
Charterwithout Borders? The Supreme Court Of Canada, Transnational Crime And Constitutional Rights And Freedoms, Robert J. Currie
Dalhousie Law Journal
The first decades of the Supreme Court of Canada's Charter jurisprudence have coincided roughly with an increase in the extent to which Canada is affected by transnational crime and the nation s consequential participation in inter-state efforts to combat it. The Court itself has remarked on its discrete "jurisprudence on matters involving Canada's international co-operation in criminal investigations and prosecutions." This article examines the Court s adoption of a different approach to Charter analysis in cases involving transnational elements and surveys where the Court has "drawn the line" in terms of Charter application. By way of analyzing jurisprudence on exclusion …
Highlights Of The 2003 Jobs And Growth Tax Relief Reconciliation Act: Economic Stimulus Or Long-Term Disaster?, Susan Kalinka
Highlights Of The 2003 Jobs And Growth Tax Relief Reconciliation Act: Economic Stimulus Or Long-Term Disaster?, Susan Kalinka
Louisiana Law Review
No abstract provided.
Local Government Law, Kenneth M. Murchison
Significant Development In Maritime Personal Injury Law, Dean A. Sutherland
Significant Development In Maritime Personal Injury Law, Dean A. Sutherland
Louisiana Law Review
No abstract provided.
Successions & Donations, J.-R. Trahan
The Constitution At The Threshold Of Life And Death: A Suggested Approach To Accommodate An Interest In Life And A Right To Die, Michael P. Allen
The Constitution At The Threshold Of Life And Death: A Suggested Approach To Accommodate An Interest In Life And A Right To Die, Michael P. Allen
American University Law Review
In the past fifteen years, the United States Supreme Court has decided three cases in which it tentatively began to explore what the United States Constitution has to say about issues that are popularly described as the "right to die." In this article, I suggest that the current state of constitutional analysis does not provide for an effective mechanism for securing an individual's "right to die," at least not without undervaluing a state's interest in the preservation of human life should a state choose to take such a position. In the article, I suggest that it is possible to adopt …
Federal Preemption Of Products Liability Claims, David G. Owen
Federal Preemption Of Products Liability Claims, David G. Owen
South Carolina Law Review
No abstract provided.
Market Definition In Intellectual Property Law: Should Intellectual Property Courts Use An Antitrust Approach To Market Definition?, Anna F. Kingsbury
Market Definition In Intellectual Property Law: Should Intellectual Property Courts Use An Antitrust Approach To Market Definition?, Anna F. Kingsbury
Marquette Intellectual Property Law Review
In her Article, Ms. Kingsbury notes that American courts do not use antitrust law's market definition approach in intellectual property cases. She discusses five potential rationales for this dichotomy: (1) intellectual property cases involve new products without defined markets; (2) market definition limits judicial flexibility; (3) courts do not want to burden intellectual property litigants with the time and expense of economic evidence; (4) judges reason from precedent, and that precedent did not consider market definition; and (5) "market" conveys a different meaning in intellectual property law than it does in antitrust law. Kingsbury presents counterarguments to these rationales and …
Brown And Tee-Hit-Ton, Earl M. Maltz
Taxpayer Standing: A Step Toward Animal-Centric Litigation, Varu Chilakamarri
Taxpayer Standing: A Step Toward Animal-Centric Litigation, Varu Chilakamarri
Animal Law Review
This comment takes a novel approach in animal law jurisprudence by evaluating the taxpayer standing doctrine and how animal welfare proponents may utilize it. The doctrine can potentially be used for public interest litigation whenever a link can be found between a social harm and the use of public monies.
Sandra Day O'Connor's Position On Discrimination, Stephen E. Gottlieb
Sandra Day O'Connor's Position On Discrimination, Stephen E. Gottlieb
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Internationally Protected Human Rights: Fact Or Fiction?, Paul J. Magnarella
Internationally Protected Human Rights: Fact Or Fiction?, Paul J. Magnarella
Human Rights & Human Welfare
A review of:
Theory and Reality in the International Protection of Human Rights by J. Shand Watson. Ardsley, New York: Transnational Publishers, 1999. 340pp.
and
The Mobilization of Shame: A World View of Human Rights by Robert F. Drinan, S.J. New Haven: Yale University Press, 2001. 256pp.