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American Legal Education, Robert Bloom Oct 2013

American Legal Education, Robert Bloom

Robert Bloom

No abstract provided.


Fédéralisme Et Dialogue Sur L'Égalité: Une Comparaison Des Droits Des Etats-Unis Et De L'Union Européenne, Charles Baron, Sophie Robin-Olivier Aug 2013

Fédéralisme Et Dialogue Sur L'Égalité: Une Comparaison Des Droits Des Etats-Unis Et De L'Union Européenne, Charles Baron, Sophie Robin-Olivier

Charles H. Baron

No abstract provided.


Stipulations In A Muslim Marriage Contract With Special Reference To Talq Al-Tafwid Provisions In Paksitan, Muhammad Munir Dr. Dec 2005

Stipulations In A Muslim Marriage Contract With Special Reference To Talq Al-Tafwid Provisions In Paksitan, Muhammad Munir Dr.

Dr. Muhammad Munir

This work elaborates the over-technical topic of stipulations in a Muslim marriage contract; explains the various types of stipulations benefiting women and men; explains how and to what extent classical Islamic law is incorporated into statutes of many Muslim states; describes case law of Indo-Pak subcontinent on stipulations based on the doctrine of stare decisis; surveys talaq al-tafwid in Pakistan to ascertain the extent of its practical application by the masses; and explore the role of nikah registrars, who are authorized by the government of Pakistan to solemnize nikah (marriage contract) throughout the country.


The Judicial System Of The East India Company: Precursor To The Present Pakistani Legal System, Muhammad Munir Dr. Dec 2005

The Judicial System Of The East India Company: Precursor To The Present Pakistani Legal System, Muhammad Munir Dr.

Dr. Muhammad Munir

The work discusses how the British East India Company came to the subcontinent for the purpose of trade in 1604 and how it slowly and gradually started interfering in the local justice system by acquiring revenue collection of 38 villages in 1717 near Calcutta. In 1765 the Company was granted revenue collection as well as customs of three provinces. The Company also acquired the administration of justice in the areas under its control and the role of Muslim qadis and judges was over. Company’s officials, who were traders rather than trained judges, were running the court system and the Privy …


Assessing The Readiness And Training Needs Of Non-Urban Physicians In Public Health Emergency And Response, Chiehwen Ed Hsu Oct 2005

Assessing The Readiness And Training Needs Of Non-Urban Physicians In Public Health Emergency And Response, Chiehwen Ed Hsu

Chiehwen Ed Hsu

No abstract provided.


Unconstitutional Constitution Day, Kent Greenfield Sep 2005

Unconstitutional Constitution Day, Kent Greenfield

Kent Greenfield

No abstract provided.


Don't Revive Failed Fairness Doctrine, Erik Ugland Aug 2005

Don't Revive Failed Fairness Doctrine, Erik Ugland

Erik Ugland

No abstract provided.


Eyes Wide Shut: Erasing Women's Experience, From The Clinic To The Courtroom, Marybeth Herald, Ellen Waldman Jun 2005

Eyes Wide Shut: Erasing Women's Experience, From The Clinic To The Courtroom, Marybeth Herald, Ellen Waldman

Marybeth Herald

n his decade long exploration of female sexuality, Sigmund Freud professed to be on a mission to answer the elusive question, what do women want. Unfortunately, the 19th century psychiatrist was unable to separate that question from the one he ultimately answered, What do men want women to want? In some sense, Freud's inquiries provide an apt metaphor for the medical professions' stance toward female experience. When confronted with the difference presented by the female body as well as women's unique life experience, the medical field has responded with approaches that range from bemusement to hostility to intense indifference.

Although …


A Constitutional Oddity Of Almost Byzantine Complexity: Analyzing The Efficiency Of The Political Function Doctrine, Gregory Scopino Jun 2005

A Constitutional Oddity Of Almost Byzantine Complexity: Analyzing The Efficiency Of The Political Function Doctrine, Gregory Scopino

Gregory A Scopino

No abstract provided.


Foreign Law And The U.S. Constitution, Kenneth Anderson Jun 2005

Foreign Law And The U.S. Constitution, Kenneth Anderson

Kenneth Anderson

The use of foreign law and unratified international treaty law by U.S. courts in U.S. constitutional adjudication has emerged as a major debate among justices of the U.S. Supreme Court, with Justice Anthony Kennedy writing for a majority approving the practice in the March 2005 decision of Roper v. Simmons, and Justices Antonin Scalia and Stephen Breyer undertaking an unusual public discussion of the practice in January 2005 at American University law school. This article examines the arguments made by Justices Kennedy, Scalia, and Breyer for and against the practice, setting them in the broader context of constitutional theory. It …


The Continuing Moral Fashioning Of A Law Professor, Randy Lee May 2005

The Continuing Moral Fashioning Of A Law Professor, Randy Lee

Randy Lee

No abstract provided.


Are These Victims Worthy?, Erik Ugland, Karen Slattery May 2005

Are These Victims Worthy?, Erik Ugland, Karen Slattery

Erik Ugland

No abstract provided.


Tyranny Of The Majority, Richard E. Day Apr 2005

Tyranny Of The Majority, Richard E. Day

Richard E. Day

The Kentucky Supreme Court decision upholding a temporary injunction preventing Dana Seum Stephenson from serving as a state senator was welcome relief. I was beginning to wonder whether the Senate majority was simply going to be allowed to disregard the law, outvote the minority and bend the rules to fit their fancy. One thing is certain: With a super majority hanging in the balance, a lame court would have produced even more disregarding, outvoting and bending in the Senate.


Digital Editing: It's Time To Tell All, Erik Ugland, Karen Slattery Mar 2005

Digital Editing: It's Time To Tell All, Erik Ugland, Karen Slattery

Erik Ugland

No abstract provided.


Actually, There Is No Line ..., Erik Ugland, Karen Slattery Mar 2005

Actually, There Is No Line ..., Erik Ugland, Karen Slattery

Erik Ugland

No abstract provided.


The Ethics Of Staging, Erik Ugland, Karen Slattery Jan 2005

The Ethics Of Staging, Erik Ugland, Karen Slattery

Erik Ugland

No abstract provided.


In Closing: Fighting Might With Rights, Kent Greenfield Dec 2004

In Closing: Fighting Might With Rights, Kent Greenfield

Kent Greenfield

No abstract provided.


Constitutionally Excluded Confessions: Applying America's Lessons To A Democratic Iraq, Joseph Thai Dec 2004

Constitutionally Excluded Confessions: Applying America's Lessons To A Democratic Iraq, Joseph Thai

Joseph T Thai

No abstract provided.


Immigration Law: The ‘Plenary Power’ Doctrine, In The Encyclopedia Of The Supreme Court (David Schultz Ed., Facts On File), Anil Kalhan Dec 2004

Immigration Law: The ‘Plenary Power’ Doctrine, In The Encyclopedia Of The Supreme Court (David Schultz Ed., Facts On File), Anil Kalhan

Anil Kalhan

No abstract provided.


The Crime Drop And Racial Profiling: Toward An Empirical Jurisprudence Of Search And Seizure, Lawrence Rosenthal Dec 2004

The Crime Drop And Racial Profiling: Toward An Empirical Jurisprudence Of Search And Seizure, Lawrence Rosenthal

Lawrence Rosenthal

No abstract provided.


Rättsliga Ramar För Gränsöverskridande Samarbete. Förvaltningsmyndigheters Internationella Avtalsförhållanden. [Legal Frameworks For Cross-Border Co-Operation: International Agreements Between Administrative Authorities], Vilhelm Persson Dec 2004

Rättsliga Ramar För Gränsöverskridande Samarbete. Förvaltningsmyndigheters Internationella Avtalsförhållanden. [Legal Frameworks For Cross-Border Co-Operation: International Agreements Between Administrative Authorities], Vilhelm Persson

Vilhelm Persson

When Swedish public bodies have reasons to contact and co-operate with foreign public bodies, this may give rise to legally complex situations. There are reasons to endeavour to seek solutions adapted to the needs of each individual case. This thesis investigates legal frameworks for such solutions. The investigation in particular deals with binding agreements concluded by Swedish public authorities and municipalities with corresponding types of foreign public bodies. By the conclusion of such agreements more than one legal system may be involved. This thesis deals with Swedish national law and public international law. A question of central concern for this …


Book Review Essay: Canada's Constitutional Cul De Sac, Richard Kay Dec 2004

Book Review Essay: Canada's Constitutional Cul De Sac, Richard Kay

Richard Kay

Book reivew of 'Constitutional Odyssey: Can Canadians Become a Sovereign People?', by Peter H. Russell (Toronto, University of Toronto Press, 2004).


In Incognito: The Principle Of Double Effect In American Constitutional Law, Edward Lyons Dec 2004

In Incognito: The Principle Of Double Effect In American Constitutional Law, Edward Lyons

Edward C. Lyons

In Vacco v. Quill, 521 U.S. 793 (1997), the Supreme Court for the first time in American case law explicitly applied the principle of double effect to reject an equal protection claim to physician-assisted suicide. Double effect, traced historically to Thomas Aquinas, proposes that under certain circumstances it is permissible unintentionally to cause foreseen evil effects that would not be permissible to cause intentionally. The court rejected the constitutional claim on the basis of a distinction marked out by the principle, i.e., between directly intending the death of a terminally ill patient as opposed to merely foreseeing that death as …


Knowledge And Power In The Mechanical Firm: Planning For Profit In Austrian Perspective, Richard Adelstein Dec 2004

Knowledge And Power In The Mechanical Firm: Planning For Profit In Austrian Perspective, Richard Adelstein

Richard Adelstein

A theory of central planning employing Austrian themes and applied to private firms and Taylorism.


American Legal Education, Robert Bloom Dec 2004

American Legal Education, Robert Bloom

Robert M. Bloom

No abstract provided.


The Worst Way Of Selecting Judges—Except All The Others That Have Been Tried, Michael R. Dimino Dec 2004

The Worst Way Of Selecting Judges—Except All The Others That Have Been Tried, Michael R. Dimino

Michael R Dimino

This Essay critiques the arguments leveled at judicial elections. For each criticism--which I have discovered through a reasonably thorough review of cases and law review commentary--I assess the degree to which the criticism is valid, and also the degree to which other judicial-selection methods fall prey to the same criticism. I argue that the flaws of judicial elections, though often considerable, are shared in large part by alternative selection systems. Beyond, however, being simply equivalent in malignity to other selection methods, elections have--or, rather, may have, depending on the content of judicial election campaigns--one advantage over other systems that instigated …


The Non-Political Branch (Reviewing Lee Epstein & Jeffrey A. Segal, Advice And Consent: The Politics Of Judicial Appointments (2005)), Michael R. Dimino Dec 2004

The Non-Political Branch (Reviewing Lee Epstein & Jeffrey A. Segal, Advice And Consent: The Politics Of Judicial Appointments (2005)), Michael R. Dimino

Michael R Dimino

The realization that judicial ideology matters to case outcomes may have driven the judicial selection process to become increasingly ideological and partisan, but to some degree it has brought ideology and partisanship to bear on the selection process from the time of the Founding. As the authors note, “Presidents, senators, and
interest groups alike realize that the judges themselves are political.” Judging may in some ways be different from politics, but politicians’ judgments about judging most certainly are not.


The Unconstitutionality Of Class-Based Statutory Limitations On Presidential Nominations: Can A Man Head The Women's Bureau At The Department Of Labor?, Donald J. Kochan Dec 2004

The Unconstitutionality Of Class-Based Statutory Limitations On Presidential Nominations: Can A Man Head The Women's Bureau At The Department Of Labor?, Donald J. Kochan

Donald J. Kochan

Can a man be the Director of the Women’s Bureau at the Department of Labor? According to Congress, the answer is no. Congress has stated by statute that a woman must be the nominee to head the Women’s Bureau at the Department of Labor. The key questions are: (1) even if it makes sense on policy grounds, is it constitutional? and (2) if we accept such a statutory limitation power what are the potential precedential consequences for other appointment matters? This Article’s case study is particularly relevant today, examining just how far Congress can go to limit the discretion of …


Realism, Freedom, And The Integral Development Of The Human Person: A Catholic View Of Education, Michael Scaperlanda Dec 2004

Realism, Freedom, And The Integral Development Of The Human Person: A Catholic View Of Education, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.


Illusions Of Liberty And Equality: An "Alien's" View Of Tiered Scrutiny, Ad Hoc Balancing, Governmental Power, And Judicial Imperialism, Michael Scaperlanda Dec 2004

Illusions Of Liberty And Equality: An "Alien's" View Of Tiered Scrutiny, Ad Hoc Balancing, Governmental Power, And Judicial Imperialism, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.