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Articles 9811 - 9840 of 11502
Full-Text Articles in Law
Fundamental Questions About The Religion Clauses: Reflections On Some Critiques, Kent Greenawalt
Fundamental Questions About The Religion Clauses: Reflections On Some Critiques, Kent Greenawalt
Faculty Scholarship
This essay responds to some major critiques of my work on the religion clauses. The effort has seemed worth undertaking because many issues the critics raise lie at the core of one’s approach to free exercise and nonestablishment, and some of those issues matter greatly for constitutional adjudication more broadly. Like any author, perhaps, my reaction to reading some comments has been that I did not quite say that, but I shall not bore you with these quibbles about how well I explained myself in the past. Rather, I shall try to confront the genuinely basic questions that many of …
A Personal Note, Debra A. Livingston
A Personal Note, Debra A. Livingston
Faculty Scholarship
It's a pleasure to introduce this issue honoring Columbia's most lovable curmudgeon. What can I say about the Harlan Fiske Stone Professor of Law? I should acknowledge, at the start, Henry's profound intellectual contribution to Columbia and to the law. There are not many of us who can say, with justification, that we've written the Greatest Hits of Public Law Scholarship over the course of our careers. And few of us have made individual contributions that equal "Constitutional Common Law," "Marbury and the Administrative State," "We the People[s]," "Stare Decisis," or "The Constitution Goes to Harvard." Henry is unusual among …
Pluralism In Marbury And Van Gend, Daniel Halberstam
Pluralism In Marbury And Van Gend, Daniel Halberstam
Book Chapters
‘Great cases, like hard cases, make bad law’, Oliver Wendell Holmes, Jr, famously remarked in his first Supreme Court dissent. For Holmes, ‘great cases are called great, not by reason of their real importance in shaping the law of the future, but because of some accident of immediate overwhelming interest which appeals to the feelings and distorts the judgment’. On this account neither Marbury v Madison70 nor Van Gend en Loos would qualify. Van Gend was a case of great principle without greatly interesting facts. And Marbury was a great political battle that nevertheless produced a case of great principle.
Establishing Legal Permanence For The Child, Donald N. Duquette
Establishing Legal Permanence For The Child, Donald N. Duquette
Book Chapters
This chapter is intended to identify options for legal permanency that state law and the federal Adoption and Safe Families Act of 1997 (ASFA) commonly recognize to better serve children in foster care. Ideally, the child will ultimately return safely to his or her home of origin. But when a return home is not possible, the child welfare legal process should result in a safe and legally secure alternative permanent placement for the child. The emphasis on legally secure permanent placement is meant to provide the child with psychological stability and a sense of belonging and to limit the likelihood …
Representing Children And Youth, Donald N. Duquette, Ann M. Haralambie
Representing Children And Youth, Donald N. Duquette, Ann M. Haralambie
Book Chapters
The role of the child's attorney is unique in American jurisprudence and not yet clearly defined by law or tradition. There is a growing consensus, however, that children in dependency cases should have lawyers who are as active and as involved in their cases as are lawyers for any other party in any other litigation. Yet there continues to be confusion and debate over the role and duties of the lawyer, particularly as to what voice the child should have in determining the direction and goals of the litigation. Policy makers have differed as to whether the child's lawyer should …
Sexual Rights And State Governance, Katherine M. Franke
Sexual Rights And State Governance, Katherine M. Franke
Faculty Scholarship
We sit at an interesting juncture in the evolution (in some cases, devolution) of the idea of sexual rights in international law. For at the very moment that we are experiencing a retraction in both domestic and international commitments to rights associated with sexual and reproductive health, we see sexual rights of a less-reproductive nature gaining greater uptake and acceptance. It is the moral hazard associated with perceived gains in the domain of international rights for lesbians and gay men that I want to address today. In the end, the point I want to bring home is that a particular …
The Development Of Modern Corporate Governance In China And India, Nicholas C. Howson, Vikramaditya S. Khanna
The Development Of Modern Corporate Governance In China And India, Nicholas C. Howson, Vikramaditya S. Khanna
Book Chapters
Corporate governance reform has become a topic of considerable debate both in the US and in many emerging markets. Indeed, the discussion is important because these reforms may have potentially long-standing effects upon the global allocation of capital, and in understanding the ways in which governance norms are communicated across markets and nations in an ever-globalizing world. In this chapter we examine the corporate governance reform efforts of the world's two biggest and fastest growing emerging markets, the People's Republic of China (PRC or China) and India. In the process we find that our understanding of how and why corporate …
Representing Parents In Child Welfare Cases, Vivek Sankaran
Representing Parents In Child Welfare Cases, Vivek Sankaran
Book Chapters
A parent's constitutional right to raise his or her child is one of the most venerated liberty interests safeguarded by the Constitution and the courts.2 The law presumes parents to be fit, and it establishes that they do not need to be model parents to retain custody of their children.3 If the state seeks to interfere with the parent-child relationship, the Constitution mandates that the state: (1) prove parental unfitness, a standard defined by state laws; and (2) follow certain procedures protecting the due process rights of parents. The constitutional framework for child welfare cases is premised on the belief …
The Legal Ethics Of Metadata Mining, Andrew M. Perlman
The Legal Ethics Of Metadata Mining, Andrew M. Perlman
Suffolk University Law School Faculty Works
This essay, which is part of a symposium edition of the Akron Law Review, explores the practice of metadata mining (i.e., the surreptitious examination of an electronic document’s hidden data). The essay reviews the legal ethics opinions that have addressed the practice and contends that metadata mining is simply a variation of the oft-examined problem of inadvertently disclosed documents. The essay concludes that flat bans on metadata mining are misguided and that the issue should be treated in the same manner as inadvertent disclosures more generally. Under this approach, if a state permits lawyers to review inadvertently disclosed privileged documents, …
Defending The Nlrb: Improving The Agency's Success In The Federal Courts Of Appeals, Jeffrey M. Hirsch
Defending The Nlrb: Improving The Agency's Success In The Federal Courts Of Appeals, Jeffrey M. Hirsch
Faculty Publications
No abstract provided.
Identity Scripts & Democratic Deliberation, Holning S. Lau
Identity Scripts & Democratic Deliberation, Holning S. Lau
Faculty Publications
No abstract provided.
Why The Assertion Of A "Nationalist" Presidency Does Not Support Claims For Expansive Presidential Power, William P. Marshall
Why The Assertion Of A "Nationalist" Presidency Does Not Support Claims For Expansive Presidential Power, William P. Marshall
Faculty Publications
No abstract provided.
Toward A Theory Of Precedent In Arbitration, W. Mark C. Weidemaier
Toward A Theory Of Precedent In Arbitration, W. Mark C. Weidemaier
Faculty Publications
No abstract provided.
Vol. 13, No. 1: Full Issue, Water Law Review
Vol. 13, No. 2: Front Matter, Water Law Review
Vol. 13, No. 2: Table Of Contents, Water Law Review
Vol. 13, No. 2: Table Of Contents, Water Law Review
Water Law Review
No abstract provided.
The Great And Growing Cities Doctrine Imperiled: An Objective Look From A Biased Perspective, Casey S. Funk, Daniel J. Arnold
The Great And Growing Cities Doctrine Imperiled: An Objective Look From A Biased Perspective, Casey S. Funk, Daniel J. Arnold
Water Law Review
No abstract provided.
A Bright Idea From The Black Canyon: Federal Judicial Review Of Reserved Water Right Settlements, Reed D. Benson
A Bright Idea From The Black Canyon: Federal Judicial Review Of Reserved Water Right Settlements, Reed D. Benson
Water Law Review
No abstract provided.
The Great And Growing Cities Doctrine Imperiled: An Objective Look From A Biased Perspective, Casey S. Funk, Daniel J. Arnold
The Great And Growing Cities Doctrine Imperiled: An Objective Look From A Biased Perspective, Casey S. Funk, Daniel J. Arnold
Water Law Review
No abstract provided.
The Guarani Aquifer & International Groundwater Law: Advancing Towards A Legal Framework For The Management Of A Transboundary Acquifer, Bryan A. Green
The Guarani Aquifer & International Groundwater Law: Advancing Towards A Legal Framework For The Management Of A Transboundary Acquifer, Bryan A. Green
Water Law Review
No abstract provided.
Sixth Update To Colorado Water Law: An Historical Overview, Gregory J. Hobbs
Sixth Update To Colorado Water Law: An Historical Overview, Gregory J. Hobbs
Water Law Review
No abstract provided.
Vol. 13, No. 2: Editor's Note, Danielle Sexton
Day 3: Friday, January 29, 2010: Federal Legislation Of Interest Of The Colorado Water Community: Special Presentation On The Clean Water Restoration Act, Aaron O'Quinn
Water Law Review
No abstract provided.
Water Settlements: Can They Ever Be Final?, Kathlyn Bullis
Water Settlements: Can They Ever Be Final?, Kathlyn Bullis
Water Law Review
No abstract provided.
Day 1: Wednesday, January 27, 2010, Sarah Felsen
Day 1: Wednesday, January 27, 2010, Sarah Felsen
Water Law Review
No abstract provided.
Breakout Session 1a: Frontiers Of Science, Ryan Mclane
Breakout Session 1a: Frontiers Of Science, Ryan Mclane
Water Law Review
No abstract provided.
Breakout Session 1b: Cities First - Water For Municipal Growth, Kathlyn Bullis
Breakout Session 1b: Cities First - Water For Municipal Growth, Kathlyn Bullis
Water Law Review
No abstract provided.
Breakout Session 2a: The Energy - Water Nexus, Ryan Mclane
Breakout Session 2a: The Energy - Water Nexus, Ryan Mclane
Water Law Review
No abstract provided.
Breakout Session 2b: A Lid For The Rainy Day Fund: Storms And Water Management, Kathlyn Bullis
Breakout Session 2b: A Lid For The Rainy Day Fund: Storms And Water Management, Kathlyn Bullis
Water Law Review
No abstract provided.
Comments From The Solicitor, U.S. Department Of Interior, Washington, D.C., Hillary Tompkins, Kathlyn Bullis
Comments From The Solicitor, U.S. Department Of Interior, Washington, D.C., Hillary Tompkins, Kathlyn Bullis
Water Law Review
No abstract provided.