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Articles 1 - 30 of 16269
Full-Text Articles in Law
What Impact The Supreme Court’S Recent Hobby Lobby Decision Might Have For Lgbt Civil Rights?, Vincent Samar
What Impact The Supreme Court’S Recent Hobby Lobby Decision Might Have For Lgbt Civil Rights?, Vincent Samar
Vincent Samar
Abstract
What Impact the Supreme Court’s Recent Hobby Lobby
Decision Might Have for LGBT Civil Rights?
Vincent J. Samar
The U.S. Supreme Court’s recent decision in the Hobby Lobby case has created shockwaves of concern among civil rights groups questioning whether for-profit corporations can assert a religious exemption from civil rights legislation under a 1993 federal law, the Religious Freedom Restoration Act. The matter is of particular concern in the LGBT community given the possible impact it could have on services traditionally offered to those getting married as more and more states legalize same-sex marriage. Though the Court’s conservative majority …
Medical Staff Boot Camp, Rick D. Barton
Medical Staff Boot Camp, Rick D. Barton
Center for Health Law Policy and Bioethics
No abstract provided.
Schooling The Supreme Court, Christine Chabot
Schooling The Supreme Court, Christine Chabot
Faculty Publications & Other Works
Supreme Court Justices' uniform professional backgrounds have drawn increasing criticism. Yet it is unclear how diverse professional training would affect the Court's decisions. This Article offers the first empirical analysis of how Justices with diverse professional training vote: It examines a unique period when Justices with formal legal education sat with Justices who entered the profession by reading the law alone.
The study finds that Justices' levels of agreement and politically independent voting vary significantly according to their professional training. In cases which divided the Court, Justices who shared the benefit of formal legal education (1) voted together more often …
Dangerous Diagnoses, Risky Assumptions, And The Failed Experiment Of “Sexually Violent Predator” Commitment, Deirdre M. Smith
Dangerous Diagnoses, Risky Assumptions, And The Failed Experiment Of “Sexually Violent Predator” Commitment, Deirdre M. Smith
Oklahoma Law Review
In its 1997 opinion, Kansas v. Hendricks, the U.S. Supreme Court upheld a law that reflected a new model of civil commitment. The targets of this new commitment law were dubbed “Sexually Violent Predators” (SVPs), and the Court upheld indefinite detention of these individuals on the assumption that there is a psychiatrically distinct class of individuals who, unlike typical recidivists, have a mental condition that impairs their ability to refrain from violent sexual behavior. And, more specifically, the Court assumed that the justice system could reliably identify the true “predators,” those for whom this unusual and extraordinary deprivation of liberty …
A Failing School District And A Failing Statute: How Breitenfeld V. School District Of Clayton And The Unaccredited District Tuition Statute Nearly Destroyed A Struggling School District And Disrupted The Education Of Its Students, Jonathan K. Hoerner
Saint Louis University Law Journal
No abstract provided.
The Promise And Peril Of The Anti-Commandeering Rule In The Homeland Security Era: Immigrant Sanctuary As An Illustrative Case, Trevor George Gardner
The Promise And Peril Of The Anti-Commandeering Rule In The Homeland Security Era: Immigrant Sanctuary As An Illustrative Case, Trevor George Gardner
Saint Louis University Public Law Review
No abstract provided.
Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. Arnella M. Abraham, Individually And Dba Weststar Properties, Inc., Defendant/Appellee. : Brief Of Appellant, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– )
BRIEF OF APPELLANT
ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, UTAH
COUNTY, STATE OF UTAH, BEFORE THE HONORABLE KEITH KELLY
Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. James N Shaw \Dba\ Alpha Blinds Dist Defendant/Appellee. : Brief Of Appellant, Utah Court Of Appeals
Federated Capital Corporation Dba Federated Financial Corporation Of America, Plaintiff/Appellant, Vs. James N Shaw \Dba\ Alpha Blinds Dist Defendant/Appellee. : Brief Of Appellant, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– )
BRIEF OF APPELLANT
ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, UTAH
COUNTY, STATE OF UTAH, BEFORE THE HONORABLE DENISE P.
LINDBERG
Federated Capital Corp. D.B.A. Federated Financial Corp. Of America, Plaintiff/Appellant, Vs. James Shaw, Dba Alpha Blinds Dist, Defendant/Appellee. : Brief Of Appellee, Utah Court Of Appeals
Federated Capital Corp. D.B.A. Federated Financial Corp. Of America, Plaintiff/Appellant, Vs. James Shaw, Dba Alpha Blinds Dist, Defendant/Appellee. : Brief Of Appellee, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– )
BRIEF OF APPELLEE
APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE
COUNTY, STATE OF UTAH, THE HONORABLE DENISE P. LINDBERG,
DISTRICT COURT NO. 139910356.
Bank Of America, N.A. V. Samuel D. Adamson And Courtney D. Adamson And John Doe/Jane Doe/Occupant : Appellant's Replacement Brief, Utah Supreme Court
Bank Of America, N.A. V. Samuel D. Adamson And Courtney D. Adamson And John Doe/Jane Doe/Occupant : Appellant's Replacement Brief, Utah Supreme Court
Utah Supreme Court Briefs (2000– )
Appeal from a final Order of Dismissal of the Fifth Judicial District court, Saint George Department Washington County State of Utah by The Honorable Jeffrey C. WIlcox
State Of Utah, Appellee, Vs. D.G., Appellant A Person Under 18 Years Of Age., Utah Supreme Court
State Of Utah, Appellee, Vs. D.G., Appellant A Person Under 18 Years Of Age., Utah Supreme Court
Utah Supreme Court Briefs (2000– )
Appeal from an adjudication for aggravated sexual assault, a first degree felony punishable by fifteen-years-to life if committed by an adult, in violation of Utah Cose Section 76-5-405, see Utah Code 76-5-405 (2013), entered in the Third District Juvenile Court, in and for Salt Lake county, State of Utah, the Honorable Kimberly K. Hornak presiding. On certification to the Utah Supreme Court from the Utah Court of Appeals.
A Founding Failure Of Enforcement: Freedmen, Day Laborers, And The Perils Of An Ineffectual State, Raja Raghunath
A Founding Failure Of Enforcement: Freedmen, Day Laborers, And The Perils Of An Ineffectual State, Raja Raghunath
City University of New York Law Review
No abstract provided.
Viewpoint: Time To Abolish The 'Inquisitorial' Grand Jury System, Rachel A. Van Cleave
Viewpoint: Time To Abolish The 'Inquisitorial' Grand Jury System, Rachel A. Van Cleave
Publications
The U.S. criminal justice system is long overdue for reform and the best place to start is the institution of the criminal grand jury. This archaic aspect of our system was originally intended to protect individuals suspected of a crime by including people from the community as a check on those with the power of the state to enforce the law. The grand jury no longer serves this purpose and should be abolished.
The Future Will Require Learning How To Exist In A Multicultural Society, Vanessa Lopez-Littleton
The Future Will Require Learning How To Exist In A Multicultural Society, Vanessa Lopez-Littleton
UCF Forum
Why should I have to tell my sons to respect the police?
2014 Year In Review: 2 Law Schools Welcome New Deans While A Third Experiences Abrupt Departure
2014 Year In Review: 2 Law Schools Welcome New Deans While A Third Experiences Abrupt Departure
Austen Parrish (2014-2022)
No abstract provided.
No Access, No Choice: Foster Care Youth, Abortion, And State Removal Of Children, Kara Sheli Wallis
No Access, No Choice: Foster Care Youth, Abortion, And State Removal Of Children, Kara Sheli Wallis
City University of New York Law Review
No abstract provided.
Elevating Substance Over Procedure: The Retroactivity Of Miller V. Alabama Under Teague V. Lane, Brandon Buskey, Daniel Korobkin
Elevating Substance Over Procedure: The Retroactivity Of Miller V. Alabama Under Teague V. Lane, Brandon Buskey, Daniel Korobkin
City University of New York Law Review
This Article proposes a unique framework establishing that the United States Supreme Court’s decision in Miller v. Alabama, which forbids states from automatically sentencing juveniles to life imprisonment without any meaningful opportunity for release, must apply retroactively to hundreds of juveniles whose convictions and life sentences were already final at the time of the decision. Such a framework is timely and critical. The lower state and federal courts are divided on the question, and the Supreme Court is likely to settle the issue within the next year. The Article reviews how, absent guidance from the Supreme Court, a host of …
Port Readiness In Facing Globalization: Indonesian Case Study, Melda Kamil Ariadno, Arie Afriansyah, Yetty Komalasari Dewi
Port Readiness In Facing Globalization: Indonesian Case Study, Melda Kamil Ariadno, Arie Afriansyah, Yetty Komalasari Dewi
Indonesia Law Review
International trade cannot be separated from the role of international shipping. More than 80% of goods transported through sea from a region to another, from one Country to another Country. Since the dawn of the voyage, port cannot be separated from the voyage itself. Adequate port will ensure a good international shipping. Increasing number of international shipping also means increasing volume of international trade. With a variety of factors such as geographical factor, natural resources, and population, Indonesia should be a key player in international trade by sea. However, the reality is still far from ideal, especially when compared with …
Theoretical Review On Indonesian Academic Legal Education In Conjunction With Asean Economic Community Era, Ariawan Gunadi
Theoretical Review On Indonesian Academic Legal Education In Conjunction With Asean Economic Community Era, Ariawan Gunadi
Indonesia Law Review
Indonesia will be welcoming the ASEAN Economic Community in 2015 as a multilateral agreement to create integrated regions such as: (a) a single market and production base, (b) a highly competitive economic region, (c) a region of equitable economic development, and (d) a region fully integrated into the global economy. These characteristics are interrelated and mutually reinforcing in a sense that overall development would not be complete without total completion of the previous sector. This article discusses the participation of Indonesia as part of ASEAN as a single market and production base, through free flow of services which targets higher …
The Problems Of Expert Witness In Criminal Law, Rafiqa Qurrata A'Yun
The Problems Of Expert Witness In Criminal Law, Rafiqa Qurrata A'Yun
Indonesia Law Review
The expert testimony is a potential problem in the future due to the impact of the advancement of science and technology. These progressions have an impact on the quality of the crime methods, thus it must be balanced with improving the quality and method of evidence evaluation that requires knowledge and expertise. This paper examines the place of expert witness to be considered as one of the evidence in criminal case investigation and criminal court. I argue that expert qualifications should be determined based on formal education, professional experiences, and the relevance of his expertise with the case. The Criminal …
Communal Land Rights Of Malay People In North Sumatera: Power, State And Deulayatisasi, Edy Ikhsan
Communal Land Rights Of Malay People In North Sumatera: Power, State And Deulayatisasi, Edy Ikhsan
Indonesia Law Review
This article aims to unravel a shift of control / ownership of communal land of the Malays of Deli in North Sumatra. The commonly well-known communal lands, before the arrival of the Dutch colonial, was still inherent with the authorities of villages and was evolutionarily taken over by the foreign planters through concessionary contracts, which were dully signed by the Sultanate of Deli and the said foreign planters. The Indonesian independence in 1945 and the period that went beyond had in fact not contributed any improvement of the situation and instead it had exacerbated social and legal relations between the …
Investigator Issue In Financial Service Crime In Indonesia, Wahyu Wiriadinata Mr.
Investigator Issue In Financial Service Crime In Indonesia, Wahyu Wiriadinata Mr.
Indonesia Law Review
The objective of this paper is to address a question of the effectiveness of Financial Service Authority (Otoritas Jasa Keuangan - OJK) investigators in eradicating financial service crimes in Indonesia. This question arises because in Law on Financial Service Authority there are OJK’s investigators with an investigatory authority on OJK crimes, including, banking, capital market, insurance, pension fund, financing institutions, and other financial service institution sectors. Meanwhile, there have been other investigators with an authority to investigate, namely, public prosecutor, police, and KPK (Indonesia’s corruption eradicating commission). The theoretical framework of this paper was grounded in the thoughts of Aristotle, …
The Diary Of An Ex-Con, Erica Edwards
The Diary Of An Ex-Con, Erica Edwards
Capstones
Evelyn Litwok talks about abuse that incarcerated people experience in prison and the punishment inmates face when they attempt to address it with administration.
Book Review The Leiden Legacy: Concepts Of Law In Indonesia, M. Yahdi Salampessy
Book Review The Leiden Legacy: Concepts Of Law In Indonesia, M. Yahdi Salampessy
Indonesia Law Review
The Indonesian civil law system is often taken for granted, when it is actually a product of “institutional transplantation” and inherited from the Dutch Colonization. Long before the arrival of colonial powers in Indonesia several centuries ago, many local communities had operated within their self-regulating systems with multiple political entities. When colonization came to power, however, there was a massive shift from judge-made law to a centralized statute-based legal system imposed by the colonial order.
Revealing Originality Of Song Works: An Analysis To The Copyright Law, Desrezka Gunti Larasati
Revealing Originality Of Song Works: An Analysis To The Copyright Law, Desrezka Gunti Larasati
Indonesia Law Review
The topic of this paper is to describe the defining criteria of originality of song works. The aspect of originality is important to make such work be protected by Copyright Law. In this research, the criteria to define originality are based on certain doctrines and/or theories of originality that may vary case by case. The use of such doctrines and/or theories are necessary, since the stipulations regarding originality in the Indonesian Copyright Act has not been considered suffice. With regard to the song works, the criteria of originality may be different from other works. Therefore, a comprehensive research on the …
Introduction: To Economic Justice
Introduction: To Economic Justice
City University of New York Law Review
No abstract provided.