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Articles 1 - 6 of 6
Full-Text Articles in Law
The Effect Of Legislation On Fourth Amendment Protection, Orin S. Kerr
The Effect Of Legislation On Fourth Amendment Protection, Orin S. Kerr
Orin Kerr
When judges interpret the Fourth Amendment, and privacy legislation regulates the government’s conduct, should the legislation have an effect on the Fourth Amendment? Courts are split three ways. Some courts argue that legislation provides the informed judgment of a coequal branch that should influence the Fourth Amendment. Some courts contend that the presence of legislation should displace Fourth Amendment protection to prevent constitutional rules from interfering with the legislature’s handiwork. Finally, some courts treat legislation and the Fourth Amendment as independent and contend that the legislation should have no effect. This Article argues that courts should favor interpreting the Fourth …
Touching, Tapping, And Talking: The Formation Of Contracts In Cyberspace, Mark E. Budnitz
Touching, Tapping, And Talking: The Formation Of Contracts In Cyberspace, Mark E. Budnitz
Mark E. Budnitz
No abstract provided.
Utgångspunkter I Juridisk Argumentation - En Replik, Maria Hilling
Utgångspunkter I Juridisk Argumentation - En Replik, Maria Hilling
Maria Hilling
No abstract provided.
Food Legislation: The “Teekanne” Case Of 4 June 2015, Luis González Vaqué, Sara Aparicio Hill, Sebastián Romero Melchor
Food Legislation: The “Teekanne” Case Of 4 June 2015, Luis González Vaqué, Sara Aparicio Hill, Sebastián Romero Melchor
Luis González Vaqué
Articles 2(1)(a)(i) and 3(1)(2) of Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs, as amended by Regulation (EC) No 596/2009 of the European Parliament and of the Council of 18 June 2009, must be interpreted as precluding the labelling of a foodstuff and methods used for the labelling from giving the impression, by means of the appearance, description or pictorial representation of a particular ingredient, that that ingredient is present, even though it is not …
Are They Like Us, Yet? Some Thoughts On Why Religious Freedom Remains Elusive For Aboriginals In North America, Marc V. Fonda
Are They Like Us, Yet? Some Thoughts On Why Religious Freedom Remains Elusive For Aboriginals In North America, Marc V. Fonda
Marc V. Fonda Ph.D.
It is well-documented that European culture differs from that of Aboriginal culture. Perhaps one of the most striking differences is in the relationships and attitudes each group has towards land. For Europeans the land is a commemorative gift of the creator there to be exploited for economic benefit; for Aboriginal peoples, the land is also a gift but one that a continuing extension of the creator’s immanence in which all things are related to one another. The one is an economic relation, the other a spiritual relation that denotes family. When two very different cultural systems encounter one another, there …
Exclusionary Zoning Enforcement, Passé Or Alive And Kicking?, Tim Iglesias
Exclusionary Zoning Enforcement, Passé Or Alive And Kicking?, Tim Iglesias
Tim Iglesias
This article reviews several recent state cases challenging zoning actions as exclusionary. It identifies patterns in the cases and finds that under certain circumstances courts will limit local governments’ exclusionary actions.