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2004

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Articles 541 - 570 of 9681

Full-Text Articles in Law

A Call To Leadership: The Future Of Race Relations In Virginia, Rodney A. Smolla Nov 2004

A Call To Leadership: The Future Of Race Relations In Virginia, Rodney A. Smolla

University of Richmond Law Review

No abstract provided.


Education Law, D. Patrick Lacy Jr., Kathleen S. Mehfoud Nov 2004

Education Law, D. Patrick Lacy Jr., Kathleen S. Mehfoud

University of Richmond Law Review

No abstract provided.


Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough Nov 2004

Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough

University of Richmond Law Review

No abstract provided.


Real Estate And Land Use Law, Brian R. Marron Nov 2004

Real Estate And Land Use Law, Brian R. Marron

University of Richmond Law Review

No abstract provided.


Workers' Compensation, Lawrence D. Tarr, Salvatore Lupica Nov 2004

Workers' Compensation, Lawrence D. Tarr, Salvatore Lupica

University of Richmond Law Review

No abstract provided.


Rehabilitating Bioethics: Recontextualizing In Vitro Fertilization Outside Contractual Autonomy, Olivia Lin Nov 2004

Rehabilitating Bioethics: Recontextualizing In Vitro Fertilization Outside Contractual Autonomy, Olivia Lin

Duke Law Journal

No abstract provided.


Evaluating The Federal Communications Commission's National Television Ownership Cap: What's Bad For Broadcasting Is Good For The Country, Stuart Minor Benjamin Nov 2004

Evaluating The Federal Communications Commission's National Television Ownership Cap: What's Bad For Broadcasting Is Good For The Country, Stuart Minor Benjamin

William & Mary Law Review

No abstract provided.


When Equality Leaves Everyone Worse Off: The Problem Of Leveling Down In Equality Law, Deborah L. Brake Nov 2004

When Equality Leaves Everyone Worse Off: The Problem Of Leveling Down In Equality Law, Deborah L. Brake

William & Mary Law Review

No abstract provided.


Gimme Shelter: Does The Fair Housing Amendments Act Of 1988 Require Accommodations For The Financial Cirumstances Of The Disabled?, Brian R. Rosenau Nov 2004

Gimme Shelter: Does The Fair Housing Amendments Act Of 1988 Require Accommodations For The Financial Cirumstances Of The Disabled?, Brian R. Rosenau

William & Mary Law Review

No abstract provided.


Medical Research Oversight From The Corporate Governance Perspective: Comparing Institutional Review Boards And Corporate Boards, Richard S. Saver Nov 2004

Medical Research Oversight From The Corporate Governance Perspective: Comparing Institutional Review Boards And Corporate Boards, Richard S. Saver

William & Mary Law Review

No abstract provided.


Barking Up The Wrong Tree: The Misplaced Furor Over The Feeney Amendment As A Threat To Judicial Independence, David P. Mason Nov 2004

Barking Up The Wrong Tree: The Misplaced Furor Over The Feeney Amendment As A Threat To Judicial Independence, David P. Mason

William & Mary Law Review

No abstract provided.


Law, Evolution, And The Brain: Applications And Open Questions, Owen D. Jones Nov 2004

Law, Evolution, And The Brain: Applications And Open Questions, Owen D. Jones

Vanderbilt Law School Faculty Publications

This essay discusses several issues at the intersection of law and brain science. If focuses principally on ways in which an improved understanding of how evolutionary processes affect brain function and human behavior may improve law's ability to regulate behavior. It explores sample uses of such "evolutionary analysis in law" and also raises questions about how that analysis might be improved in the future. Among the discussed uses are: 1) clarifying cost-benefit analyses; 2) providing theoretical foundation and potential predictive power; 3) assessing comparative effectiveness of legal strategies; and 4) revealing deep patterns in legal architecture. Throughout, the essay emphasizes …


Judicial Review Of Agency Inaction: An Arbitrariness Approach, Lisa Schultz Bressman Nov 2004

Judicial Review Of Agency Inaction: An Arbitrariness Approach, Lisa Schultz Bressman

Vanderbilt Law School Faculty Publications

This Article contends that the current law governing judicial review of agency inaction, though consistent with the prevailing theory of agency legitimacy, is inconsistent with the founding principles of the administrative state. The Supreme Court's reluctance to allow judicial review of agency inaction reflects the popular view that agency decision-making should be subject foremost to the scrutiny of politically accountable officials. The difficulty is that even scholars who generally support this view of agency decision-making reject the Court's treatment of agency inaction. Yet these scholars have failed to appreciate the reason. The reason is that the founding principles of the …


Introduction, Kevin J. Worthen Nov 2004

Introduction, Kevin J. Worthen

BYU Law Review

No abstract provided.


Religious Institutions, The No-Harm Doctrine, And The Public Good, Marci A. Hamilton Nov 2004

Religious Institutions, The No-Harm Doctrine, And The Public Good, Marci A. Hamilton

BYU Law Review

No abstract provided.


The Autonomy Of Church And State, Brett G. Scharffs Nov 2004

The Autonomy Of Church And State, Brett G. Scharffs

BYU Law Review

No abstract provided.


Defending A Rule Of Institutional Autonomy On "No-Harm" Grounds, Mark Tushnet Nov 2004

Defending A Rule Of Institutional Autonomy On "No-Harm" Grounds, Mark Tushnet

BYU Law Review

No abstract provided.


The Voluntary Principle And Church Autonomy, Then And Now, Thomas C. Berg Nov 2004

The Voluntary Principle And Church Autonomy, Then And Now, Thomas C. Berg

BYU Law Review

No abstract provided.


More Or Less Bunk: The Establishment Clause Answers That History Doesn't Provide, Steven G. Gey Nov 2004

More Or Less Bunk: The Establishment Clause Answers That History Doesn't Provide, Steven G. Gey

BYU Law Review

No abstract provided.


Table Of Contents Nov 2004

Table Of Contents

BYU Law Review

No abstract provided.


Dissent And Disestablishment: The Church-State Settlement In The Early American Republic, Carl H. Esbeck Nov 2004

Dissent And Disestablishment: The Church-State Settlement In The Early American Republic, Carl H. Esbeck

BYU Law Review

No abstract provided.


The Death Penalty As Delineated By The Old Testament: From Adam And Eve To Cain And Abel To Noah And The Flood To Abraham And Sodom To Moses And The Ten Commandments, Biblical Passages Trace The Roots For How Modern Society Deals With The Execution Of Killers, Robert Blecker Nov 2004

The Death Penalty As Delineated By The Old Testament: From Adam And Eve To Cain And Abel To Noah And The Flood To Abraham And Sodom To Moses And The Ten Commandments, Biblical Passages Trace The Roots For How Modern Society Deals With The Execution Of Killers, Robert Blecker

Other Publications

No abstract provided.


Punitive Damages - A View From England, Andrew Tettenborn Nov 2004

Punitive Damages - A View From England, Andrew Tettenborn

San Diego Law Review

This Article explores the English approach to punitive damages. It begins with a brief history of punitive damages in England and a look at where punitive damages are going in the country. Then, the author discusses the criteria for an award and the possibility of punitive damages for break of contract. Other aspects of punitive damages in England explored in the Article include public defendants, liability, judge and jury and the size of punitive awards.


Valuing Life: A Plea For Disaggregation, Cass R. Sunstein Nov 2004

Valuing Life: A Plea For Disaggregation, Cass R. Sunstein

Duke Law Journal

Each government agency uses a uniform figure to measure the value of a statistical life (VSL). This is a serious mistake. The very theory that underlies current practice calls for far more individuation of the relevant values. According to that theory, VSL should vary across risks. More controversially, VSL should vary across individuals -- even or especially if the result would be to produce a lower number for some people than for others. One practical implication is that a higher value should be given to programs that reduce cancer risks. Another is that government should use a higher VSL for …


Diamond In The Rough: Mining Article 36(1)(B) Of The Vienna Convention On Consular Relations For An Individual Right To Due Process, Brittany P. Whitesell Nov 2004

Diamond In The Rough: Mining Article 36(1)(B) Of The Vienna Convention On Consular Relations For An Individual Right To Due Process, Brittany P. Whitesell

Duke Law Journal

No abstract provided.


Frivolous Litigation And Civil Justice Reform: Miscasting The Problem, Recasting The Solution, Deborah L. Rhode Nov 2004

Frivolous Litigation And Civil Justice Reform: Miscasting The Problem, Recasting The Solution, Deborah L. Rhode

Duke Law Journal

No abstract provided.


The Degeneralization Of The Generalized System Of Preferences (Gsp): Questioning The Legitimacy Of The U.S. Gsp, Amy M. Mason Nov 2004

The Degeneralization Of The Generalized System Of Preferences (Gsp): Questioning The Legitimacy Of The U.S. Gsp, Amy M. Mason

Duke Law Journal

No abstract provided.


Hunting And Posting On Private Land In America, Mark R. Sigmon Nov 2004

Hunting And Posting On Private Land In America, Mark R. Sigmon

Duke Law Journal

No abstract provided.


Shareholder Oppression And “Fair Value”: Of Discounts, Dates, And Dastardly Deeds In The Close Corporation, Douglas K. Moll Nov 2004

Shareholder Oppression And “Fair Value”: Of Discounts, Dates, And Dastardly Deeds In The Close Corporation, Douglas K. Moll

Duke Law Journal

The doctrine of shareholder oppression protects a close corporation minority investor from the improper exercise of majority control. When a minority shareholder establishes "oppressive" majority conduct, a court typically orders the majority to purchase the minority's stock at its "fair value." But what does fair value mean? Further, when is fair value to be measured? The questions are critical ones that affect the lives of countless close corporation investors and that generate an enormous amount of present-day litigation. This Article builds a case for defining fair value as enterprise value in the shareholder oppression context. The Article argues, in other …


Journal Staff Nov 2004

Journal Staff

Duke Law Journal

No abstract provided.