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Articles 1 - 16 of 16

Full-Text Articles in Law

Human Rights And Copyright: The Introduction Of Natural Law Considerations Into American Copyright Law , Orit Fischman Afori Dec 2004

Human Rights And Copyright: The Introduction Of Natural Law Considerations Into American Copyright Law , Orit Fischman Afori

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Water Marketing In Western Prior Appropriation States: A Model For The East, James L. Huffman Dec 2004

Water Marketing In Western Prior Appropriation States: A Model For The East, James L. Huffman

Georgia State University Law Review

No abstract provided.


Questioning Deference, Christina E. Wells Nov 2004

Questioning Deference, Christina E. Wells

Missouri Law Review

Part I of this Article discusses executive branch actions in the crises discussed earlier and identifies a pattern of response to certain perceived threated. Part II assesses this historical pattern in light of a psychological understanding of risk assessment, concluding that the pattern is consistent with predictably skewed risk assessment. Part III discusses the psychology of accountability and the possibility that judicial review can serve as a mechanism of accountability and improve executive decision making.


Education Elementary And Secondary Education: Authorize The Reading Or Posting Of Certain Writings, Documents, And Records Without Content-Based Censorship Thereof; Provide For Notice To Local School Superintendents; And For Other Purposes, Joshua Brooker, Laura Verduci Sep 2004

Education Elementary And Secondary Education: Authorize The Reading Or Posting Of Certain Writings, Documents, And Records Without Content-Based Censorship Thereof; Provide For Notice To Local School Superintendents; And For Other Purposes, Joshua Brooker, Laura Verduci

Georgia State University Law Review

The bill would have permitted state school boards to allow and encourage their teachers and administrators to read or post in their school building, classrooms, or at any event, documents or any portion of documents that relate to American heritage. The bill would have provided a list of documents, including the Constitution, the Declaration of Independence, the Mayflower Compact, and United States Supreme Court decisions. The bill would have prohibited content-based censorship of American history and heritage-based documents regarding any religious references.


"Perfect Good Faith", Erin Ruble, Gerald Torres Sep 2004

"Perfect Good Faith", Erin Ruble, Gerald Torres

Nevada Law Journal

No abstract provided.


Judicial Independence And The Scope Of Article Iii--A View From The Federalist, Michael G. Collins Mar 2004

Judicial Independence And The Scope Of Article Iii--A View From The Federalist, Michael G. Collins

University of Richmond Law Review

No abstract provided.


Executive Power Essentialism And Foreign Affairs, Curtis A. Bradley, Martin S. Flaherty Feb 2004

Executive Power Essentialism And Foreign Affairs, Curtis A. Bradley, Martin S. Flaherty

Michigan Law Review

Conflict abroad almost always enhances executive power at home. This expectation has held true at least since the constitutions of antiquity. It holds no less true for modern constitutions, including the Constitution of the United States. Constitutional arguments for executive power likewise escalate with increased perceptions of foreign threat. It is therefore hardly surprising that broad assertions of presidential power have become commonplace after the events of September 11, 2001, and the ensuing war on international terrorism. One perennial weapon in the executive arsenal is the so-called "Vesting Clause" of Article II of the Constitution. This clause, which provides that …


The Constitution At The Threshold Of Life And Death: A Suggested Approach To Accommodate An Interest In Life And A Right To Die, Michael P. Allen Jan 2004

The Constitution At The Threshold Of Life And Death: A Suggested Approach To Accommodate An Interest In Life And A Right To Die, Michael P. Allen

American University Law Review

In the past fifteen years, the United States Supreme Court has decided three cases in which it tentatively began to explore what the United States Constitution has to say about issues that are popularly described as the "right to die." In this article, I suggest that the current state of constitutional analysis does not provide for an effective mechanism for securing an individual's "right to die," at least not without undervaluing a state's interest in the preservation of human life should a state choose to take such a position. In the article, I suggest that it is possible to adopt …


The Jose Padilla Story, Donna R. Newman Jan 2004

The Jose Padilla Story, Donna R. Newman

NYLS Law Review

No abstract provided.


A Double Due Process Denial: The Crime Of Providing Material Support Or Resources To Designated Foreign Terrorist Organizations, Randolph N. Jonakait Jan 2004

A Double Due Process Denial: The Crime Of Providing Material Support Or Resources To Designated Foreign Terrorist Organizations, Randolph N. Jonakait

NYLS Law Review

No abstract provided.


Torture, Marcy Strauss Jan 2004

Torture, Marcy Strauss

NYLS Law Review

No abstract provided.


The Torture Warrant: A Response To Professor Strauss, Alan M. Dershowitz Jan 2004

The Torture Warrant: A Response To Professor Strauss, Alan M. Dershowitz

NYLS Law Review

No abstract provided.


Judicial Independence In Virginia, W. Hamilton Bryson Jan 2004

Judicial Independence In Virginia, W. Hamilton Bryson

University of Richmond Law Review

No abstract provided.


"Bound Fast And Brought Under The Yokes": John Adams And The Regulation Of Privacy At The Founding, Allison L. Lacroix Jan 2004

"Bound Fast And Brought Under The Yokes": John Adams And The Regulation Of Privacy At The Founding, Allison L. Lacroix

Fordham Law Review

No abstract provided.


Turn Down The Volume: The Constitutionality Of Ohio's Municipal Ordinances Regulating Sound From Car Stereo Systems, Stuart A. Laven Jan 2004

Turn Down The Volume: The Constitutionality Of Ohio's Municipal Ordinances Regulating Sound From Car Stereo Systems, Stuart A. Laven

Cleveland State Law Review

This article will examine municipal ordinances criminalizing the emission of sound from car stereo systems in excess of proscribed limits, including the methods adopted to measure offending sound and the penalties imposed for violations, the Ohio (and certain non-Ohio) cases which have challenged the constitutionality of such ordinances, and certain constitutional aspects of such ordinances and their enforcement which have yet to be addressed.


Austria's Pre-War Brown V. Board Of Education, Maria L. Marcus Jan 2004

Austria's Pre-War Brown V. Board Of Education, Maria L. Marcus

Fordham Urban Law Journal

This article discusses the Austrian Constitutional Court's 1931 decision in which it held that the University of Vienna's regulations dividing students into ethnically based groups was unconstitutional. The article compares the similarities and differences between this case and later critical American equal opportunity cases including Brown v. Board of Education and suggests that an understanding of the current racial challenges is most effective by examining both global and American perspectives. This article explores the balance between maintaining universities autonomy and ensuring that racism does not foster in an institution free from judicial intervention. In discussing two cases, this article points …