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Articles 781 - 810 of 10751
Full-Text Articles in Law
The Ultimate Association: Same-Sex Marriage And The Battle Against Jim Crow's Other Cousin, Bryan K. Fair
The Ultimate Association: Same-Sex Marriage And The Battle Against Jim Crow's Other Cousin, Bryan K. Fair
University of Miami Law Review
No abstract provided.
Florida's "Stand Your Ground" Law: The Actual Effects And The Need For Clarification, Zachary L. Weaver
Florida's "Stand Your Ground" Law: The Actual Effects And The Need For Clarification, Zachary L. Weaver
University of Miami Law Review
No abstract provided.
Belief In A Just World, Blaming The Victim, And Hate Crime Statutes, Dhammika Dharmapala, Nuno Garoupa, Richard H. Mcadams
Belief In A Just World, Blaming The Victim, And Hate Crime Statutes, Dhammika Dharmapala, Nuno Garoupa, Richard H. Mcadams
Public Law and Legal Theory Working Papers
The earliest economic theory of discrimination proposed the subsequently neglected idea of a "vicious circle" of discrimination (Myrdal, 1944). We draw on psychological evidence (that people derive utility from believing that the world is just) to propose a behavioral economic model in which the vicious circle envisaged by Myrdal can arise. We demonstrate the power of this approach through an application to the issue of whether and how to justify penalty enhancements for hate crimes against members of disfavored groups. The crucial assumption is that individuals engage in biased inference in order to preserve their Belief in a Just World, …
The Political Economy Of Criminal Law And Procedure: The Pessimists' View, Richard H. Mcadams
The Political Economy Of Criminal Law And Procedure: The Pessimists' View, Richard H. Mcadams
Public Law and Legal Theory Working Papers
In The Pathological Politics of Criminal Law, Bill Stuntz provides a powerful critique of the modern American criminal justice system. Other commentators have criticized legislatures for constantly adding to an already overbroad set of criminal prohibitions. Stuntz explains the political dynamic that makes this outcome inevitable. The ultimate result is that the modern prosecutor defines what is criminal by her selection of cases to charge, while criminal legislation is a mere “side-show.” Stuntz concludes that this state of affairs is “lawless” and pathological. As a solution, he proposes that courts resurrect or expand certain constitutional doctrines to reclaim some of …
Determining The Character Of Section 357(C) Gain, Fred B. Brown
Determining The Character Of Section 357(C) Gain, Fred B. Brown
All Faculty Scholarship
Under section 351, a person transferring property to a controlled corporation generally recognizes no gain or loss on the transaction. An exception to tax-free treatment is contained in section 357(c), which generally provides that a transferor in a section 351 transaction recognizes gain to the extent that any liabilities assumed by the corporation on the transfer exceed the transferor's aggregate adjusted basis in the assets transferred. An issue under section 357(c) is whether the recognized gain should be capital gain or ordinary income. The statute suggests that the character of section 357(c) gain should be based on the character of …
Some Realism About Legal Certainty In The Globalization Of The Rule Of Law, James Maxeiner
Some Realism About Legal Certainty In The Globalization Of The Rule Of Law, James Maxeiner
All Faculty Scholarship
The rule of law is at the heart of globalization. It promises both international and domestic routes to peace, security, democracy, human rights and sustainable development worldwide. A central tenet of the rule of law is legal certainty. For most modern jurists, it is a matter of course that legal certainty is a systemic goal, even if that goal is not always fully realized. But for American jurists who count themselves legal realists, legal certainty is not even a flawed goal; it is a childish myth. This address seeks to raise awareness of this fundamental difference and to show its …
Step Right Up: Using Consumer Decision Making Theory To Teach Research Process In The Electronic Age, Amy E. Sloan
Step Right Up: Using Consumer Decision Making Theory To Teach Research Process In The Electronic Age, Amy E. Sloan
South Carolina Law Review
No abstract provided.
World Bank’S Inspection Panel: Promoting True Accountability Through Arbitration, Enrique R. Carrasco, Alison K. Guernsey
World Bank’S Inspection Panel: Promoting True Accountability Through Arbitration, Enrique R. Carrasco, Alison K. Guernsey
Cornell International Law Journal
No abstract provided.
Self-Defense - From The Wild West To 9/11: Who, What, When, Amos N. Guiora
Self-Defense - From The Wild West To 9/11: Who, What, When, Amos N. Guiora
Cornell International Law Journal
No abstract provided.
Another King Of Justice: Transitional Justice As Recognition, Frank Haldemann
Another King Of Justice: Transitional Justice As Recognition, Frank Haldemann
Cornell International Law Journal
No abstract provided.
The Preeminent State: National Dominance In The Effort To Try Saddam Hussein, Jordan Engelhardt
The Preeminent State: National Dominance In The Effort To Try Saddam Hussein, Jordan Engelhardt
Cornell International Law Journal
No abstract provided.
Crimes Involving Moral Turpitude: Why The Void-For-Vagueness Argument Is Still Available And Meritorious, Derrick Moore
Crimes Involving Moral Turpitude: Why The Void-For-Vagueness Argument Is Still Available And Meritorious, Derrick Moore
Cornell International Law Journal
No abstract provided.
Freedom To Err: The Idea Of Natural Selection In Politics, Schools, And Courts, Paul D. Carrington
Freedom To Err: The Idea Of Natural Selection In Politics, Schools, And Courts, Paul D. Carrington
William & Mary Bill of Rights Journal
No abstract provided.
Metaphors And Modalities: Meditations On Bobbit's Theory Of The Constitution, Ian C. Bartrum
Metaphors And Modalities: Meditations On Bobbit's Theory Of The Constitution, Ian C. Bartrum
William & Mary Bill of Rights Journal
No abstract provided.
Changing State Laws To Prohibit The Display Of Hangman's Nooses: Tightening The Knot Around The First Amendment?, Allison Barger
Changing State Laws To Prohibit The Display Of Hangman's Nooses: Tightening The Knot Around The First Amendment?, Allison Barger
William & Mary Bill of Rights Journal
No abstract provided.
Best Interests And Parental Presumptions: Bringing Same-Sex Custody Agreements Beyond Preclusion By The Federal Defense Of Marriage Act, Alison M. Schmieder
Best Interests And Parental Presumptions: Bringing Same-Sex Custody Agreements Beyond Preclusion By The Federal Defense Of Marriage Act, Alison M. Schmieder
William & Mary Bill of Rights Journal
No abstract provided.
Giving Up The Ghost: A Proposal For Dealing With Attorney "Ghostwriting" Of Pro Se Litigants' Court Documents Through Explicit Rules Requiring Disclosure And Allowing Limited Appearances For Such Attorneys, Michael W. Loudenslager
Giving Up The Ghost: A Proposal For Dealing With Attorney "Ghostwriting" Of Pro Se Litigants' Court Documents Through Explicit Rules Requiring Disclosure And Allowing Limited Appearances For Such Attorneys, Michael W. Loudenslager
Marquette Law Review
None
It's Not Just What You Think, But Also How You Think About It: The Effect Of Situationally Primed Mindsets On Legal Judgments And Decision Making, Barbara O'Brien, Daphna Oyserman
It's Not Just What You Think, But Also How You Think About It: The Effect Of Situationally Primed Mindsets On Legal Judgments And Decision Making, Barbara O'Brien, Daphna Oyserman
Marquette Law Review
None
The Family Medical Leave Act: Calculating The "Hours Of Service" For The Reinstated Employee, Joan M. Shepard
The Family Medical Leave Act: Calculating The "Hours Of Service" For The Reinstated Employee, Joan M. Shepard
Marquette Law Review
None
What Plagarism Was Not: Some Preliminary Observations On Classical Chinese Attitudes Toward What The West Calls Intellectual Property, Charles R. Stone
What Plagarism Was Not: Some Preliminary Observations On Classical Chinese Attitudes Toward What The West Calls Intellectual Property, Charles R. Stone
Marquette Law Review
None
Table Of Contents For Volume 92 Issue 1, Marquette University
Table Of Contents For Volume 92 Issue 1, Marquette University
Marquette Law Review
None
Reforming Humanitarian Rescue, Brent J. Steele
Reforming Humanitarian Rescue, Brent J. Steele
Human Rights & Human Welfare
There is much to commend in Morton Abramowitz and Thomas Pickering’s article “Making Intervention Work.” They propose to reform the United Nations’ capacity for intervention with the creation of an autonomous U.N. force largely constituted with forces contributed by the Security Council’s member-states. If such a force were kept to a minimal operational mission, “a small rapid-deployment force with special engineering, logistical, medical, and police skills,” as the authors suggest, then I think this is a good idea. If such a force would, however, become more than this—an autonomous army of military personnel meant to intervene with force into any …
Land & Water Planning In The Middle Valley, Sandy Fish
Land & Water Planning In The Middle Valley, Sandy Fish
Publications
No abstract provided.
Overview Of The City's Demand Management Programs - Providing Water For Future Growth, Dale Lyons
Overview Of The City's Demand Management Programs - Providing Water For Future Growth, Dale Lyons
Publications
No abstract provided.
Land Use, Water Conservation And Other Things To Think About, Dale Dekker
Land Use, Water Conservation And Other Things To Think About, Dale Dekker
Publications
No abstract provided.
Are We Making The Land/Water Connection?, Lora A. Lucero
Are We Making The Land/Water Connection?, Lora A. Lucero
Publications
No abstract provided.
What Is Urban Health Policy And What's Law Got To Do With It?, Larry I. Palmer
What Is Urban Health Policy And What's Law Got To Do With It?, Larry I. Palmer
Faculty Publications
No abstract provided.
Step Right Up: Using Consumer Decision Making Theory To Teach Research Process In The Electronic Age, Amy E. Sloan
Step Right Up: Using Consumer Decision Making Theory To Teach Research Process In The Electronic Age, Amy E. Sloan
All Faculty Scholarship
The legal academy has framed legal research as a professional skill, and much research pedagogy centers around replicating a controlled professional environment to allow students to learn how to do research by simulating legal practice. Although this is a valid way to conceptualize research, it is not the only way. Another way to conceptualize research is as a consumer transaction. Legal information is, in many ways, a product that information providers market to lawyers and students, as the promotions and contests that LexisNexis and Westlaw sponsor demonstrate. Once legal information is understood as a product, the process of research can …
Just A Concern For Good Manners: The Second Circuit Strikes Down The Fcc's Broadcast Indecency Regime, Michael Strocko
Just A Concern For Good Manners: The Second Circuit Strikes Down The Fcc's Broadcast Indecency Regime, Michael Strocko
University of Miami Business Law Review
No abstract provided.
Habeas Corpus, Constructive Custody And The Future Of Federal Jurisdiction After Munaf, Karen Shafrir
Habeas Corpus, Constructive Custody And The Future Of Federal Jurisdiction After Munaf, Karen Shafrir
University of Miami International and Comparative Law Review
In 2004-05, two American Citizens, Shaqir Omar and Mohamed Munaf were separately arrested in Iraq and placed in the Camp Cropper Military Facility, pending adjudication. Both prisoners filed writs of habeas corpus in the United States District Court for the District of Columbia. The primary issue that the lower courts grappled with was whether or not the courts had jurisdiction to hear the petitions. After various appeals, the United States Supreme Court concluded that the federal courts did have jurisdiction to entertain the habeas petitions but that the petitions would fail on the merits. This paper argues that the standard …