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2004

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Articles 811 - 840 of 9707

Full-Text Articles in Law

Voyeur War? The First Amendment, Privacy & Images From The War On Terrorism, Clay Calvert Oct 2004

Voyeur War? The First Amendment, Privacy & Images From The War On Terrorism, Clay Calvert

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Title Page Oct 2004

Title Page

South Carolina Law Review

No abstract provided.


Table Of Contents Oct 2004

Table Of Contents

South Carolina Law Review

No abstract provided.


The Doctrine Of Deference: Shifting Constitutional Presumptions And The Supreme Court's Restatement Of Student Rights, Bernard James, Joanne E.K. Larson Oct 2004

The Doctrine Of Deference: Shifting Constitutional Presumptions And The Supreme Court's Restatement Of Student Rights, Bernard James, Joanne E.K. Larson

South Carolina Law Review

No abstract provided.


The Shadow Code, David W. Barnes, Deborah Zalesne Oct 2004

The Shadow Code, David W. Barnes, Deborah Zalesne

South Carolina Law Review

No abstract provided.


Don't Forget To Wear Your Hunter Orange (Or Flack Jacket): A Critique On The Lack Of Criminal Prosecution Of Hunting "Accidents", John F. Decker Oct 2004

Don't Forget To Wear Your Hunter Orange (Or Flack Jacket): A Critique On The Lack Of Criminal Prosecution Of Hunting "Accidents", John F. Decker

South Carolina Law Review

No abstract provided.


Crawford V. Washington And The Irretrievable Breakdown Of A Union: Separating The Confrontation Clause From The Hearsay Rule, Thomas J. Reed Oct 2004

Crawford V. Washington And The Irretrievable Breakdown Of A Union: Separating The Confrontation Clause From The Hearsay Rule, Thomas J. Reed

South Carolina Law Review

No abstract provided.


Title Page Oct 2004

Title Page

Southeastern Environmental Law Journal

No abstract provided.


Table Of Contents Oct 2004

Table Of Contents

Southeastern Environmental Law Journal

No abstract provided.


Suburban Sprawl, Jewish Law, And Jewish Values, Michael E. Lewyn Oct 2004

Suburban Sprawl, Jewish Law, And Jewish Values, Michael E. Lewyn

Southeastern Environmental Law Journal

No abstract provided.


Case Study: Cold Mountain V. Garber And The Effectiveness Of Environmental Regulation, Carolyn A. Perozzi Oct 2004

Case Study: Cold Mountain V. Garber And The Effectiveness Of Environmental Regulation, Carolyn A. Perozzi

Southeastern Environmental Law Journal

No abstract provided.


Case Study: Highway U.S. 70 And The Hondo Valley - Safety And Cost Versus History, Will Dawson Oct 2004

Case Study: Highway U.S. 70 And The Hondo Valley - Safety And Cost Versus History, Will Dawson

Southeastern Environmental Law Journal

No abstract provided.


F04rs Sgb No. 1 (Budget), Jones Oct 2004

F04rs Sgb No. 1 (Budget), Jones

Student Senate Enrolled Legislation

A BILL

To budget the funds of Student Government for the fiscal year 2004-2005; to appropriate funds for activities, projects, and programs of Student Government; to appropriate grants to certain student groups and organizations; according to the Constitution and by-laws.


F04rs Sgr No. 10 (Holden), Smith Oct 2004

F04rs Sgr No. 10 (Holden), Smith

Student Senate Enrolled Legislation

A RESOLUTION

To Congratulate Mayor-President-Elect Melvin “Kip” Holden on a historic win; to welcome Mayor-President-Elect Holden and his transition team to the LSU-Baton Rouge Campus


F04rs Sgr No. 11 (Reid), Lobianco, Odinet, Dubois Oct 2004

F04rs Sgr No. 11 (Reid), Lobianco, Odinet, Dubois

Student Senate Enrolled Legislation

A RESOLUTION

To commend Commissioner of Elections Devin Reid and the 2004 Fall Election board for their outstanding work in the Fall 2004 elections


F04rs Sgr No. 12 (Projectgeaux), Smith, Lobianco Oct 2004

F04rs Sgr No. 12 (Projectgeaux), Smith, Lobianco

Student Senate Enrolled Legislation

A RESOLUTION

To commend projectGEAUX, Co-director Michelle Gieg, Co-director Jessica Stewart, and their university partners for their outstanding commitment to civic engagment both on the LSU campus and throughout the Baton Rouge community


Motions 2004 Volume 40 Number 2, University Of San Diego School Of Law Student Bar Association Oct 2004

Motions 2004 Volume 40 Number 2, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.


Rejecting The Marie Antoinette Paradigm Of Prejudgment Interest, Royce De R. Barondes Oct 2004

Rejecting The Marie Antoinette Paradigm Of Prejudgment Interest, Royce De R. Barondes

Faculty Publications

This paper examines principles for properly computing prejudgment interest by examining the impact on different corporate constituencies. This paper concludes that prejudgment interest at a promisor's cost of funds can undercompensate promisees, by shifting value from the promisee's equityholders to its creditors through a forced investment that decreases the risk of the promisee's portfolio of assets.


Function Over Formalism: A Provisional Theory Of The Constitutional Law Of Crime And Punishment, Frank O. Bowman Iii Oct 2004

Function Over Formalism: A Provisional Theory Of The Constitutional Law Of Crime And Punishment, Frank O. Bowman Iii

Faculty Publications

This Article is, in effect, the second half of the author's argument against the Supreme Court's interpretation of the Sixth Amendment in Blakely v. Washington. The first half appeared in "Train Wreck? Or Can the Federal Sentencing System Be Saved? A Plea for Rapid Reversal of Blakely v. Washington," 41 American Criminal Law Review 217 (2004), and made a pragmatic, consequentialist argument against the Blakely result. This Article takes the next step of providing an alternative constitutional model of criminal sentencing to that offered by Justice Scalia in Blakely. The model emphasizes that a good constitutional model should pay particular …


Tim, R. Lawrence Dessem Oct 2004

Tim, R. Lawrence Dessem

Faculty Publications

There comes a time when every law school dean questions just why she or he has chosen to serve as dean. Deans experience both very high highs and very low lows. The dean often sees faculty, staff, and students at their best but just as often sees these same individuals at their worst. Regardless of the mix of highs to lows in any deanship, decanal service--if taken seriously-- demands a tremendous commitment of time and energy. Thus the question is posed: Why devote such a significant portion of one's professional time to such service?


Encouraging Courage: Law's Response To Fear And Risk, William B. Fisch Oct 2004

Encouraging Courage: Law's Response To Fear And Risk, William B. Fisch

Faculty Publications

Our three papers provide a helpful review of the many things that can go wrong with our system for the protection of civil liberties under the pressures of war or other emergencies. Professor Winfield focuses on the U.S. Attorney General, the non-judicial officer from whom the public might expect the highest fidelity to the law and the constitution. She offers a sobering perspective on the ways in which those expectations can be and have been disappointed. The star of her taxonomy, I take it, is the Leveler, who reaches an independent (and rights-protective!) view of the law and works to …


Refreshing Contractual Analysis Of Adr Agreements By Curing Bipolar Avoidance Of Modern Common Law, Amy J. Schmitz Oct 2004

Refreshing Contractual Analysis Of Adr Agreements By Curing Bipolar Avoidance Of Modern Common Law, Amy J. Schmitz

Faculty Publications

Law governing enforcement of ADR agreement not governed by the Federal Arbitration Act (FAA) has been uncertain, and often aimless. This Article therefore calls for clarification of this law, through development of a modern contractual approach for enforcing these non-FAA ADR procedures. Although courts may look to the FAA as a resource for evaluating and developing an enforcement approach, they also should employ modern contract and remedy tools that are more adaptive than the Act's summary enforcement because it allow courts to consider contextual, relational, and equitable factors when determining application of specific enforcement remedies. This allows courts to apply …


Foreword - Interdisciplinary Perspectives On Fear And Risk Perception In Times Of Democratic Crisis (Symposium), Christina E. Wells, Jennifer K. Robbennolt Oct 2004

Foreword - Interdisciplinary Perspectives On Fear And Risk Perception In Times Of Democratic Crisis (Symposium), Christina E. Wells, Jennifer K. Robbennolt

Faculty Publications

The articles and essays included or referenced in this volume discuss both the factors that affect decision making in times of crisis and their implications for law and democratic theory. Professor Cass Sunstein's keynote address, Fear and Liberty, noted that psychological biases such as the availability heuristic and probability neglect can skew risk perception, leading to excessive public fear of national security risks and unreasonable curtailment of civil liberties. According to Sunstein, courts, which are typically responsible for protecting civil liberties, often lack sufficient information to assess whether national security concerns justify incursions on civil liberties. Nevertheless, he concluded that …


"National Security" Information And The Freedom Of Information Act, Christina E. Wells Oct 2004

"National Security" Information And The Freedom Of Information Act, Christina E. Wells

Faculty Publications

Secrecy regarding national security information is a widely accepted phenomenon. Throughout history, however, such secrecy has proved problematic. Although officials often have credible and legitimate reasons to keep national security information secret, government secrecy initiatives have invariably expanded to encompass information beyond their initial rationale. Over time, we have come to realize the very real problems associated with excessive government secrecy.


In Memoriam - John P. Taylor, Natural Resources Journal Oct 2004

In Memoriam - John P. Taylor, Natural Resources Journal

Natural Resources Journal

No abstract provided.


National Wildlife Refuge System: Ecological Context And Ingegrity, J. Michael Scott, Thomas Loveland, Kevin Gergely, James Strittholt, Nancy Staus Oct 2004

National Wildlife Refuge System: Ecological Context And Ingegrity, J. Michael Scott, Thomas Loveland, Kevin Gergely, James Strittholt, Nancy Staus

Natural Resources Journal

No abstract provided.


Exclusion Of Justice: The Need For A Consistent Application Of Witness Sequestration Under Federal Rule Of Evidence 615, Sarah Chapman Carter Oct 2004

Exclusion Of Justice: The Need For A Consistent Application Of Witness Sequestration Under Federal Rule Of Evidence 615, Sarah Chapman Carter

University of Dayton Law Review

No abstract provided.


Enfranchising A Discrete And Insular Minority: Extending Federal Voting Rights To American Citizens Living In United States Territories, Lisa M. Kömives Oct 2004

Enfranchising A Discrete And Insular Minority: Extending Federal Voting Rights To American Citizens Living In United States Territories, Lisa M. Kömives

University of Miami Inter-American Law Review

No abstract provided.


Miami's Mambo: The "Cuba Affidavit" & Unconstitutional Cultural Censorship In An Embargo Regime, Joshua Bosin Oct 2004

Miami's Mambo: The "Cuba Affidavit" & Unconstitutional Cultural Censorship In An Embargo Regime, Joshua Bosin

University of Miami Inter-American Law Review

No abstract provided.


Muss Es Sein? Not Necessarily, Says Tort Law, Anita Bernstein Oct 2004

Muss Es Sein? Not Necessarily, Says Tort Law, Anita Bernstein

Faculty Scholarship

No abstract provided.