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2005

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Articles 181 - 210 of 10092

Full-Text Articles in Law

Natural Rights And Two Conceptions Of Promising, Peter Vallentyne Dec 2005

Natural Rights And Two Conceptions Of Promising, Peter Vallentyne

Chicago-Kent Law Review

Does one have an obligation to keep one's promises? I answer this question by distinguishing between two broad conceptions of promising. On the normativized conception of promising, a promise is made when an agent validly offers to undertake an obligation to the promisee to perform some act (i.e., give up a liberty-right in relation to her) and the promisee validly accepts the offer. Keeping such promises is morally obligatory by definition. On the non-normativized conception, the nature of promising does not conceptually entail any connection with the obligation to keep promises. A promise might be understood, for example, as an …

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Does Today's International Trade Agreement Bind Tomorrow's Citizen?, Gopal Sreenivasan Dec 2005

Does Today's International Trade Agreement Bind Tomorrow's Citizen?, Gopal Sreenivasan

Chicago-Kent Law Review

Focusing on the example of the General Agreement on Trade in Services (GATS), this Article begins by describing an important analogy between domestic Bills of Rights and enforceable international trade agreements. Both effectively disable the majority in later generations from certain exercises of its domestic legislative power. While there is some kind of democratic presumption against disabling the majority in any generation from exercising domestic legislative power, various argumentative strategies have been employed to defeat this presumption in the domestic constitutional case. This Article reviews these strategies and argues next that they cannot be generalized to the case of international …

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Re-Enfranchisement Laws Provide Unequal Treatment: Ex-Felon Re-Enfranchisement And The Fourteenth Amendment, Cherish M. Keller Dec 2005

Re-Enfranchisement Laws Provide Unequal Treatment: Ex-Felon Re-Enfranchisement And The Fourteenth Amendment, Cherish M. Keller

Chicago-Kent Law Review

Individuals convicted of a felony lose the right to vote at least temporarily in most states, and ex-felons are disenfranchised for life in seventeen states. There are often procedures by which ex-felons may regain the right to vote in the lifetime disenfranchisement states, but the procedures vary widely and are often unclear and unrealistic. The right to vote is fundamental once provided by a state, and wealth discrimination coupled with a fundamental right merits strict scrutiny. While ex-felon disenfranchisement may be constitutional, once a state provides a procedure by which ex-felons may regain the right to vote, that procedure must …

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Table Of Contents - Issue 1, North Carolina Law Review Dec 2005

Table Of Contents - Issue 1, North Carolina Law Review

North Carolina Law Review

No abstract provided.

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Medicaid Third-Party Liability And Claims For Restitution: Defining The Proper Role For The Tort System In Regulating The Food Industry, Coby Warren Logan Dec 2005

Medicaid Third-Party Liability And Claims For Restitution: Defining The Proper Role For The Tort System In Regulating The Food Industry, Coby Warren Logan

Journal of Food Law & Policy

This comment contends that tort liability can complement legislative and administrative government regulation of the food industry, providing sellers and manufacturers of food with an incentive to prevent consumers from over-consumption and becoming obese. Specifically, this comment supports the proposition that after government regulations are promulgated by Congress, claims should be allowed by state attorneys general to recoup Medicaid costs incurred in treating health conditions and illnesses caused by obesity.

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Symposium Foreword, Tim Leonard Dec 2005

Symposium Foreword, Tim Leonard

Tulsa Law Review

No abstract provided.

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Illinois V. Caballes: Love Affair With A Drug-Sniffing Dog, Chris Blair Dec 2005

Illinois V. Caballes: Love Affair With A Drug-Sniffing Dog, Chris Blair

Tulsa Law Review

No abstract provided.

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Medellin V. Dretke: Another Chapter In The Vienna Convention Narrative, Janet K. Levit Dec 2005

Medellin V. Dretke: Another Chapter In The Vienna Convention Narrative, Janet K. Levit

Tulsa Law Review

No abstract provided.

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Table Of Contents Dec 2005

Table Of Contents

Tulsa Law Review

No abstract provided.

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Rolling The Dice: Are Online Gambling Advertisers "Aiding And Abetting" Criminal Activity Or Exercising First Amendment-Protected Commercial Speech?, Megan E. Frese Dec 2005

Rolling The Dice: Are Online Gambling Advertisers "Aiding And Abetting" Criminal Activity Or Exercising First Amendment-Protected Commercial Speech?, Megan E. Frese

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Court Review: Volume 41, Issue 3-4 - Is Judicial Independence A Casualty In State And Local Budget Battles?, Michael A. Cicconetti, Michael Buenger, Lawrence G. Myers, Robert Wessels Dec 2005

Court Review: Volume 41, Issue 3-4 - Is Judicial Independence A Casualty In State And Local Budget Battles?, Michael A. Cicconetti, Michael Buenger, Lawrence G. Myers, Robert Wessels

Court Review: Journal of the American Judges Association

The first panel discussion at the National Forum on Judicial Independence reviews the budget pressures encountered by the judiciary and their impact on judicial independence. The discussion was led by then-AJA vice president Michael A. Cicconetti, a municipal judge from Painesville, Ohio. Panelists were Michael L. Buenger, Missouri state court administrator, Lawrence G. Myers, court administrator for Joplin, Missouri, and Robert Wessels, court manager for the County Criminal Courts at Law in Houston, Texas. The National Forum on Judicial Independence was supported by a generous grant from the Joyce Foundation of Chicago, Illinois.

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Court Review: Volume 41, Issue 3-4 - Cover Dec 2005

Court Review: Volume 41, Issue 3-4 - Cover

Court Review: Journal of the American Judges Association

No abstract provided.

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Court Review: Volume 41, Issue 3-4 - Table Of Contents Dec 2005

Court Review: Volume 41, Issue 3-4 - Table Of Contents

Court Review: Journal of the American Judges Association

No abstract provided.

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Court Review: Volume 41, Issue 3-4 - The Resource Page Dec 2005

Court Review: Volume 41, Issue 3-4 - The Resource Page

Court Review: Journal of the American Judges Association

No abstract provided.

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Court Review: Volume 41, Issue 3-4 - Working On The Components Of Judicial Independence, Ronald M. George Dec 2005

Court Review: Volume 41, Issue 3-4 - Working On The Components Of Judicial Independence, Ronald M. George

Court Review: Journal of the American Judges Association

Courts have often been cited as the weakest of the three branches of government. I do not necessarily agree with that assessment, but increasingly courts are realizing that that does not, in any event, mean they can or should remain silent or passive and allow our sister branches to determine our fate. Court governance and leadership, eliminating bias, improving access, and judicial independence are critical areas upon which we all must focus. They are necessary factors not only in preserving the strength of the judicial branch in our state and federal governmental structures, but also in ensuring that our nation …

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Court Review: Volume 41, Issue 3-4 - Complete Issue Dec 2005

Court Review: Volume 41, Issue 3-4 - Complete Issue

Court Review: Journal of the American Judges Association

No abstract provided.

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Court Review: Volume 41, Issue 3-4 - Balancing Act: Can Judicial Independence Coexist With Court Accountability?, Michael W. Manners, Michael Buenger, Kevin S. Burke, Bobby B. Delaughter Dec 2005

Court Review: Volume 41, Issue 3-4 - Balancing Act: Can Judicial Independence Coexist With Court Accountability?, Michael W. Manners, Michael Buenger, Kevin S. Burke, Bobby B. Delaughter

Court Review: Journal of the American Judges Association

The fifth panel discussion at the National Forum on Judicial Independence explored the intersection between judicial independence and public accountability. The discussion was led by Michael W. Manners, a circuit judge on the Jackson County Circuit Court in Independence, Missouri. Panelists were Michael L. Buenger, Missouri state court administrator, Kevin S. Burke, a district judge in Hennepin County District Court in Minneapolis, Minnesota, Bobby B. DeLaughter, a circuit judge on the Hinds County Circuit Court in Jackson, Mississippi, Malcolm Feeley, professor of law at the University of California-Berkeley, Michael R. McAdam, judge on the Kansas City (Mo.) Municipal Court, Mary …

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Court Review: Volume 41, Issue 3-4 - Judicial Independence: The Freedom To Be Fair, Steve Leben, Michael R. Mcadam, Leo Bowman, Kevin S. Burke, Michael Cicconetti, Malcom Feeley, Jack Ford, Gayle Nachtigal, Tam Nomoto Schumann, William C. Vickrey Dec 2005

Court Review: Volume 41, Issue 3-4 - Judicial Independence: The Freedom To Be Fair, Steve Leben, Michael R. Mcadam, Leo Bowman, Kevin S. Burke, Michael Cicconetti, Malcom Feeley, Jack Ford, Gayle Nachtigal, Tam Nomoto Schumann, William C. Vickrey

Court Review: Journal of the American Judges Association

The final panel discussion at the National Forum on Judicial Independence was moderated by Jack Ford, host of the syndicated Public Broadcasting System program, Inside the Law. The discussion explores topics of judicial independence in a manner designed for use with the public at large and formed the basis for the onehour PBS program, “Judicial Independence: The Freedom to Be Fair.” Panelists were Leo Bowman, chief judge of the District Court in Pontiac, Michigan, Kevin Burke, district judge and former chief judge of the Hennepin County (Minn.) District Court, Michael Cicconetti, judge of the Painesville (Ohio) Municipal Court, Malcolm Feeley, …

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Court Review: Volume 41, Issue 3-4 - President’S Column, Gayle A. Nachtigal Dec 2005

Court Review: Volume 41, Issue 3-4 - President’S Column, Gayle A. Nachtigal

Court Review: Journal of the American Judges Association

Over their lifetime, most citizens will never see the inside of a jail or be a participant in a criminal trial. They may come to the courthouse for traffic violations and for domestic relations cases, to pay property taxes, deal with landlord-tenant matters, or obtain documents for other events in their lives. As a result, their understanding and appreciation for the judicial system must be gathered from other sources. We must provide accurate information. Citizens receive information about the judicial system from the media, particularly television. Television cases are resolved in approximately 22 minutes; on at least one show, that …

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Court Review: Volume 41, Issue 3-4 - Friends Of The Court? The Bar, The Media, And The Public, Steve Leben, John Russonello, Malcom Feeley Dec 2005

Court Review: Volume 41, Issue 3-4 - Friends Of The Court? The Bar, The Media, And The Public, Steve Leben, John Russonello, Malcom Feeley

Court Review: Journal of the American Judges Association

The fourth panel discussion at the National Forum on Judicial Independence explores the way the public thinks about judicial independence and ways in which the media and members of the bar may affect judicial independence. The discussion was led by then-AJA secretary Steve Leben, a state general-jurisdiction trial judge from Kansas. Panelists were John Russonello, a pollster and consultant to nonprofit organizations, political campaigns, and other clients, and Malcolm Feeley, professor at the Boalt Hall School of Law at the University of California-Berkeley. The National Forum on Judicial Independence was supported by a generous grant from the Joyce Foundation of …

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Court Review: Volume 41, Issue 3-4 - Problem-Solving Courts: Do They Create Judicial Independence Problems Or Opportunities Or Both?, Michael R. Mcadam, Kevin S. Burke, Mary Campbell Mcqueen Dec 2005

Court Review: Volume 41, Issue 3-4 - Problem-Solving Courts: Do They Create Judicial Independence Problems Or Opportunities Or Both?, Michael R. Mcadam, Kevin S. Burke, Mary Campbell Mcqueen

Court Review: Journal of the American Judges Association

The third panel discussion at the National Forum on Judicial Independence explores the tension between setting up specialized, problem-solving courts and maintaining judicial independence for the judges assigned to such courts. The discussion was led by then-AJA president Michael R. McAdam, a judge on the Kansas City (Mo.) Municipal Court. Panelists were Kevin S. Burke, a district judge and past chief judge of the Hennepin County (Minn.) District Court, and Mary Campbell McQueen, president of the National Center for State Courts. The National Forum on Judicial Independence was supported by a generous grant from the Joyce Foundation of Chicago, Illinois.

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Is The Federal Circuit Affecting U.S. Treaties? The Itc, Sec. 271(G), Gatt/Trips & The Kinik Decision, Anne E. H. Li Dec 2005

Is The Federal Circuit Affecting U.S. Treaties? The Itc, Sec. 271(G), Gatt/Trips & The Kinik Decision, Anne E. H. Li

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Administrative Law, Martin M. Wilson, Jennifer A. Blackburn Dec 2005

Administrative Law, Martin M. Wilson, Jennifer A. Blackburn

Mercer Law Review

Agency decision makers continue to shape just about every facet of l.fe as we know it. This Article discusses the peculiar procedures for obtaining final agency decisions and the review of those decisions. The survey period for this Article is from June 1, 2004 through May 31, 2005. Only cases from the Georgia Supreme Court and Georgia Court of Appeals have been reviewed, and there has been no attempt to usurp the prerogative of other authors for this issue. Thus, although the subject matters may overlap, such areas as local government law, workers' compensation law, insurance law, and others are …

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Death Penalty Law, Holly Geerdes, Nikki Cox Dec 2005

Death Penalty Law, Holly Geerdes, Nikki Cox

Mercer Law Review

This Article surveys the death penalty decisions of the Georgia Supreme Court from June 1, 2004 through May 31, 2005. The cases discussed include those heard by the supreme court on interim appeal, on direct appeal, and on review of habeas corpus decisions. Focusing on the court's decisions that affect the trial and appeal of death penalty cases, this Article, with some exceptions, does not discuss holdings in capital cases that are common to all criminal appeals.

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Torts, Deron R. Hicks Dec 2005

Torts, Deron R. Hicks

Mercer Law Review

No abstract provided.

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Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford Dec 2005

Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford

Mercer Law Review

This Article examines the major cases decided and legislation enacted during the period from June 1, 2004 through May 31, 2005. The cases and statutes discussed cover the substantive law relating to decedents' estates, trusts, and guardianships, and to the fiduciaries who administer these entities.

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David P. Forsythe On Non-State Actors And Human Rights. Edited By Philip Alston. Oxford, Uk: Oxford University Press, 2005. 350pp., David P. Forsythe Dec 2005

David P. Forsythe On Non-State Actors And Human Rights. Edited By Philip Alston. Oxford, Uk: Oxford University Press, 2005. 350pp., David P. Forsythe

Human Rights & Human Welfare

No abstract provided.

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Amending The Natural Born Citizen Requirement: Globalization As The Impetus And The Obstacle, Sarah P. Herlihy Dec 2005

Amending The Natural Born Citizen Requirement: Globalization As The Impetus And The Obstacle, Sarah P. Herlihy

Chicago-Kent Law Review

With the rise of non-native-born American politicians, the natural born citizen requirement in the United States Constitution has received much publicity. This note examines the history and background of the requirement that our President be born in this country. This note then focuses on how the increase of globalization should compel Americans to pass a constitutional amendment to repeal the natural born citizen requirement and discusses the reasons why many Americans oppose such a constitutional amendment. The note then explores some of the current misconceptions about globalization and concludes that Americans' fears and misconceptions of globalization may very well prevent …

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Table Of Contents - Vol. 36, No. 1 2005 Dec 2005

Table Of Contents - Vol. 36, No. 1 2005

Seton Hall Law Review

No abstract provided.

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Post No Bills: Can The Nba Prohibit Its Players From Wearing Tattoo Advertisements?, John Vukelj Dec 2005

Post No Bills: Can The Nba Prohibit Its Players From Wearing Tattoo Advertisements?, John Vukelj

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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