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Articles 1051 - 1080 of 11365
Full-Text Articles in Law
The War On Terrorism In The Courts, Gerald E. Rosen
The War On Terrorism In The Courts, Gerald E. Rosen
Cardozo Public Law, Policy & Ethics Journal
The article addresses the challenges posed by the war on terrorism to judicial independence and the protection of civil liberties. It argues that while the Executive and Legislative branches must act to safeguard national security, the Judiciary has a critical role in ensuring that constitutional rights and procedural safeguards are not eroded. The author emphasizes that courts must balance the need to defer to national security concerns with the obligation to protect fundamental rights, such as access to courts, right to counsel, and confrontation rights, even in terrorism cases.
Sword Or Shield? The Government's Selective Use Of Its Declassification Authority For Tactical Advantage In Criminal Prosecutions, Joshua L. Dratel
Sword Or Shield? The Government's Selective Use Of Its Declassification Authority For Tactical Advantage In Criminal Prosecutions, Joshua L. Dratel
Cardozo Public Law, Policy & Ethics Journal
The article argues that the government's selective use of declassification authority under the Classified Information Procedures Act (CIPA) undermines the statute's intent to ensure fair trials. By declassifying inculpatory evidence while withholding exculpatory information, the government gains an unfair tactical advantage, particularly in terrorism cases where defendants often lack access to classified materials. The article advocates for reforms to CIPA, the Foreign Intelligence Surveillance Act (FISA), and Rule 16 of the Federal Rules of Criminal Procedure to restore balance and safeguard defendants' Fifth and Sixth Amendment rights.
U.S. Sentencing Guidelines And Export Control Laws: How To Equate A Credit Card Transaction With A Violation Of National Security Controls Or Selling 400 Grams Of Heroin, J. Triplett Mackintosh, Danielle R. Voorhees
U.S. Sentencing Guidelines And Export Control Laws: How To Equate A Credit Card Transaction With A Violation Of National Security Controls Or Selling 400 Grams Of Heroin, J. Triplett Mackintosh, Danielle R. Voorhees
Cardozo Public Law, Policy & Ethics Journal
The article critiques the application of section 2M5.1 of the U.S. Sentencing Guidelines (USSG) to criminal violations of the Office of Foreign Asset Control (OFAC) regulations, arguing that such application is overly broad and misaligned with the severity of offenses. It contends that treating minor transactions with embargoed countries as equivalent to national security threats or terrorism support is inappropriate, as these regulations often involve malum prohibitum offenses that are not inherently malicious.
Whose Life Is It Anyway?, Kam C. Wong
Whose Life Is It Anyway?, Kam C. Wong
Cardozo Public Law, Policy & Ethics Journal
The article explores the complex ethical, legal, and societal dimensions of the right-to-die debate, emphasizing the need for a nuanced approach that moves beyond simplistic moral framing. It argues that the debate is inherently exploratory and tentative, shaped by cultural and personal values, and calls for a reassessment of existing perspectives to foster creative solutions. The central thesis underscores the inevitability of euthanasia as a societal issue and advocates for balanced policies that respect individual autonomy while addressing broader societal concerns.
An Instrumental Theory Of Market Power And Antitrust Policy, Jeffrey L. Harrison
An Instrumental Theory Of Market Power And Antitrust Policy, Jeffrey L. Harrison
UF Law Faculty Publications
Since Judge Hand's pivotal opinion in United States v. Aluminum Company of America (Alcoa), the possession of monopoly power has been treated as presumptively legal. The focus of the antitrust laws since then has been on defining when that power is abused. This approach to market power cannot be squared with the prevailing view that antitrust law is grounded in economic theory. To understand why, one must see market power for what it is: the ability of a firm to raise prices above competitive levels and to profitably keep them there. Seen in this light, market power is indistinguishable from …
School Discipline 101: Students' Due Process Rights In Expulsion Hearings, Melissa Frydman, Shani M. King
School Discipline 101: Students' Due Process Rights In Expulsion Hearings, Melissa Frydman, Shani M. King
UF Law Faculty Publications
Upholding the principle that school districts, as state actors, shall not deprive a student of liberty or property without due process of law, courts have expanded for more than four decades the Fourteenth Amendment's due process protection of public school students. Understanding this principle is essential to representing children in school discipline proceedings. Before presenting a practical guide to representing students in these proceedings, we offer a brief history of due process protection for children.
Georgia Journal Of International And Comparative Law Editorial And Managing Boards 2006-2007, Georgia Journal Of International And Comparative Law
Georgia Journal Of International And Comparative Law Editorial And Managing Boards 2006-2007, Georgia Journal Of International And Comparative Law
Materials from All Student Organizations
No abstract provided.
Point Allocation History For Fall Semester 2006, Office Of Registrar
Point Allocation History For Fall Semester 2006, Office Of Registrar
Semester Schedules and Information
No abstract provided.
Should Insurers In Texas Be Prohibited From Using Staff Attorneys To Defend Third Party Claims Brought Against Insureds: A Closer Look At American Home Assurance, Denise Purpura
Connecticut Insurance Law Journal
No abstract provided.
Helping Individuals Investors Do What They Know Is Right: The Save More For Retirement Act Of 2005, Matthew Venhorst
Helping Individuals Investors Do What They Know Is Right: The Save More For Retirement Act Of 2005, Matthew Venhorst
Connecticut Insurance Law Journal
No abstract provided.
Foreword To: War, Terrorism And Torture: Limits On Presidential Power In The 21st Century Symposium, Dawn E. Johnsen
Foreword To: War, Terrorism And Torture: Limits On Presidential Power In The 21st Century Symposium, Dawn E. Johnsen
Indiana Law Journal
Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.
Regulating The Commander In Chief: Some Theories, Saikrishna Prakash
Regulating The Commander In Chief: Some Theories, Saikrishna Prakash
Indiana Law Journal
Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.
The War Powers Outside The Courts, William Michael Treanor
The War Powers Outside The Courts, William Michael Treanor
Indiana Law Journal
Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.
Guidelines For The President's Legal Advisors (Including "Principles To Guide The Office Of Legal Counsel "), Dawn E. Johnsen
Guidelines For The President's Legal Advisors (Including "Principles To Guide The Office Of Legal Counsel "), Dawn E. Johnsen
Indiana Law Journal
No abstract provided.
The Federal Courts Of Appeals, Unpublished Decisions, And The "No-Citation Rule", Dione Christopher Greene
The Federal Courts Of Appeals, Unpublished Decisions, And The "No-Citation Rule", Dione Christopher Greene
Indiana Law Journal
No abstract provided.
The National Security Agency's Domestic Spying Program: Framing The Debate (Including Relevant Documents), David Cole, Martin S. Lederman
The National Security Agency's Domestic Spying Program: Framing The Debate (Including Relevant Documents), David Cole, Martin S. Lederman
Indiana Law Journal
No abstract provided.
The Executive And The Avoidance Canon, H. Jefferson Powell
The Executive And The Avoidance Canon, H. Jefferson Powell
Indiana Law Journal
Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.
The Insanity Defense In The Twenty-First Century: How Recent United States Supreme Court Case Law Can Improve The System, Julie E. Grachek
The Insanity Defense In The Twenty-First Century: How Recent United States Supreme Court Case Law Can Improve The System, Julie E. Grachek
Indiana Law Journal
No abstract provided.
Introduction: Religion, Division, And The Constitution, Richard W. Garnett
Introduction: Religion, Division, And The Constitution, Richard W. Garnett
William & Mary Bill of Rights Journal
No abstract provided.
Pluralism And Public Legal Reason, Lawrence B. Solum
Pluralism And Public Legal Reason, Lawrence B. Solum
William & Mary Bill of Rights Journal
No abstract provided.
Empiricism, Religion, And Judicial Decision-Making, Stephen M. Feldman
Empiricism, Religion, And Judicial Decision-Making, Stephen M. Feldman
William & Mary Bill of Rights Journal
No abstract provided.
The Constitutional Infirmity Of Warrantless Nsa Surveillance: The Abuse Of Presidential Power And The Injury To The Fourth Amendment, Robert Bloom, William J. Dunn
The Constitutional Infirmity Of Warrantless Nsa Surveillance: The Abuse Of Presidential Power And The Injury To The Fourth Amendment, Robert Bloom, William J. Dunn
William & Mary Bill of Rights Journal
In the past year, there have been many revelations about the tactics used by the Bush administration to prosecute its war on terrorism. These stories involve the exploitation of technologies that allow the government, with the cooperation of phone companies and financial institutions, to access phone and financial records. This Article focuses on the revelation and widespread criticism of the Bush administration's operation of a warrantless electronic surveillance program to monitor international phone calls and e-mails that originate or terminate with a United States party. The powerful and secret National Security Agency heads the program and leverages its significant intelligence …
Religions, Fragmentations, And Doctrinal Limits, Frederick Mark Gedicks
Religions, Fragmentations, And Doctrinal Limits, Frederick Mark Gedicks
William & Mary Bill of Rights Journal
No abstract provided.
In Katrina's Wake: Rethinking The Military's Role In Domestic Emergencies, Scott R. Tkacz
In Katrina's Wake: Rethinking The Military's Role In Domestic Emergencies, Scott R. Tkacz
William & Mary Bill of Rights Journal
No abstract provided.
A House Divided? What Social Science Has To Say About The Culture War, David E. Campbell
A House Divided? What Social Science Has To Say About The Culture War, David E. Campbell
William & Mary Bill of Rights Journal
No abstract provided.
Religious Tests In The Mirror: The Constitutional Law And Constitutional Etiquette Of Religion In Judicial Nominations, Paul Horwitz
Religious Tests In The Mirror: The Constitutional Law And Constitutional Etiquette Of Religion In Judicial Nominations, Paul Horwitz
William & Mary Bill of Rights Journal
No abstract provided.
Form And Substance In Parentage Law, Lynn D. Wardle
Form And Substance In Parentage Law, Lynn D. Wardle
William & Mary Bill of Rights Journal
No abstract provided.
Social Reproduction And Religious Reproduction: A Democratic-Communitarian Analysis Of The Yoder Problem, Josh Chafetz
Social Reproduction And Religious Reproduction: A Democratic-Communitarian Analysis Of The Yoder Problem, Josh Chafetz
William & Mary Bill of Rights Journal
No abstract provided.
Time To Overturn Turney, Paul A. Lafata
Time To Overturn Turney, Paul A. Lafata
William & Mary Bill of Rights Journal
No abstract provided.