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2004

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Articles 1 - 21 of 21

Full-Text Articles in Law

Crystal Eastman And The Internationalist Beginnings Of American Civil Liberties, John Fabian Witt Dec 2004

Crystal Eastman And The Internationalist Beginnings Of American Civil Liberties, John Fabian Witt

Duke Law Journal

The modern American civil liberties movement famously began with the United States's intervention in World War I. Yet these beginnings have long raised a conundrum for civil liberties historians. Why did the American civil liberties movement arise precisely when so many sophisticated legal and political thinkers began to call into question the truth value of abstract rights claims? The puzzling rise of civil liberties in an age of pragmatic skepticism is all the more startling given that early leaders of the civil liberties movement were themselves leading rights skeptics. This Article offers a new interpretation of the rise of the …


A Call To Leadership: The Future Of Race Relations In Virginia, Rodney A. Smolla Nov 2004

A Call To Leadership: The Future Of Race Relations In Virginia, Rodney A. Smolla

University of Richmond Law Review

No abstract provided.


Post-Grant Patent Invalidation In China And In The United States, Europe, And Japan: A Comparative Study, Haito Sun Oct 2004

Post-Grant Patent Invalidation In China And In The United States, Europe, And Japan: A Comparative Study, Haito Sun

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Rebellious Lawyering, Settlement, And Reconciliation: Soko Bukai V. Ywca, Bill Ong Hing Sep 2004

Rebellious Lawyering, Settlement, And Reconciliation: Soko Bukai V. Ywca, Bill Ong Hing

Nevada Law Journal

No abstract provided.


The March That Never Happened: Desegregating The Las Vegas Strip, Claytee White Sep 2004

The March That Never Happened: Desegregating The Las Vegas Strip, Claytee White

Nevada Law Journal

No abstract provided.


Foreword: Pursuing Equal Justice In The West, Lynne Henderson Sep 2004

Foreword: Pursuing Equal Justice In The West, Lynne Henderson

Nevada Law Journal

No abstract provided.


The Mississippi Of The West?, Michael S. Green Sep 2004

The Mississippi Of The West?, Michael S. Green

Nevada Law Journal

No abstract provided.


"Justice Is Slow But Sure": The Civil Rights Movement In The West: 1950-1970, Quintard Taylor Sep 2004

"Justice Is Slow But Sure": The Civil Rights Movement In The West: 1950-1970, Quintard Taylor

Nevada Law Journal

No abstract provided.


The Antebellum Political Background Of The Fourteenth Amendment, Garrett Epps Jul 2004

The Antebellum Political Background Of The Fourteenth Amendment, Garrett Epps

Law and Contemporary Problems

Epps presents information concerning the historical context of the Fourteenth Amendment. Among other implications, the Amendment should be viewed as an effort to defend the national government from control by transient majorities or undemocratic factions in the states.


Equality In Culture And Law: An Introduction To The Origins And Evolution Of The Equal Protection Principle, Lawrence Schlam Jul 2004

Equality In Culture And Law: An Introduction To The Origins And Evolution Of The Equal Protection Principle, Lawrence Schlam

Northern Illinois University Law Review

To set the stage for this symposium on emerging issues in equal protection, this article introduces the reader to the historic cultural and philosophical origins of the notion of equality in western civilization, the antebellum state jurisprudence on equal protection under law, and the evolution of the meaning and use of the equal protection clause from the passage of the Fourteenth Amendment to the present.


Two Standards Of Competency Are Better Than One: Why Some Defendants Who Are Not Competent To Stand Trial Should Be Permitted To Plead Guilty, Jason R. Marshall May 2004

Two Standards Of Competency Are Better Than One: Why Some Defendants Who Are Not Competent To Stand Trial Should Be Permitted To Plead Guilty, Jason R. Marshall

University of Michigan Journal of Law Reform

This Note argues that the present uniform standard of competency, competence to stand trial, be abolished in favor of two standards: competence to stand trial and competence to plea bargain. Part I traces the history of the competency standard by exploring its common law origins, the Supreme Court rulings that frame the debate, an academic reformulation of the competency inquiry, and the interests protected by requiring that defendants be competent to proceed through the criminal process. Part II contrasts the cognitive abilities, capacity to communicate with counsel, and courtroom behavior of defendants standing trial with those qualities required of defendants …


Brown And The Idea Of Progress In American Legal History: A Comment On William Nelson, Mary L. Dudziak Apr 2004

Brown And The Idea Of Progress In American Legal History: A Comment On William Nelson, Mary L. Dudziak

Saint Louis University Law Journal

No abstract provided.


Musical Musings: The Case For Rethinking Music Copyright Protection, J. Michael Keyes Apr 2004

Musical Musings: The Case For Rethinking Music Copyright Protection, J. Michael Keyes

Michigan Telecommunications & Technology Law Review

This Article focuses on the topic of music copyright, but addresses this legal issue from a different vantage point than that of the industry insiders, insightful scholars, and policy makers that have weighed in on the debate. Instead of focusing on the issues regarding wholesale digital reproduction and dissemination of music protected by copyright, this Article focuses on music copyright infringement when the claim is that a given piece of music is "substantially similar" to another piece of music protected by copyright. Part I of this Article touches on the history of the music industry and copyright in this country, …


Application Of The Public-Trust Doctrine And Principles Of Natural Resource Management To Electromagnetic Spectrum, Patrick S. Ryan Apr 2004

Application Of The Public-Trust Doctrine And Principles Of Natural Resource Management To Electromagnetic Spectrum, Patrick S. Ryan

Michigan Telecommunications & Technology Law Review

The Electromagnetic spectrum is among our most valuable natural resources. Yet while the past few decades have seen a rich body of environmental law develop for other natural resources, this movement has largely passed over the electromagnetic spectrum. This Article argues that to remedy that situation, the public-trust doctrine, which is now a cornerstone of modern environmental law, should be extended to the electromagnetic spectrum. This extension would not be a leap: the public-trust doctrine has already been used to guarantee the public access to various bodies of water (not just navigable water), and to protect recreational lakes and beaches, …


Dow Chemical Co. V. Stephenson: Class Action Catch 22, Sara Maurer Apr 2004

Dow Chemical Co. V. Stephenson: Class Action Catch 22, Sara Maurer

South Carolina Law Review

No abstract provided.


Religious Freedom And The Undoing Of The Westphalian State, Daniel Philpott Jan 2004

Religious Freedom And The Undoing Of The Westphalian State, Daniel Philpott

Michigan Journal of International Law

Not so long ago, in 1998, the world acknowledged both the fiftieth anniversary of the Universal Declaration of Human Rights and the 350th anniversary of the Peace of Westphalia. The Universal Declaration was celebrated in the popular press, by thousands of activists, and at well attended open forums at schools and universities. Westphalia was noted almost exclusively at academic conferences. But public obscurity is an undeserved fate for Westphalia, for its legacy in organizing our political world vies with that of the American and French revolutions. What Westphalia inaugurated was a system of sovereign states where a single authority resided …


The Territotiality Inquiry Under The Act Of State Doctrine: Continuing The Search For An Appropriate Application Of Situs Of Debt Rules In International Debt Disputes, Ariel Oscar Diaz Jan 2004

The Territotiality Inquiry Under The Act Of State Doctrine: Continuing The Search For An Appropriate Application Of Situs Of Debt Rules In International Debt Disputes, Ariel Oscar Diaz

ILSA Journal of International & Comparative Law

Recent economic downturns in Argentina, Uruguay, and Venezuela, to name a few Latin American states among others in various parts of the world, have once again raised serious concerns regarding the ability of international lenders or creditors to recover on the sovereign and private debt instruments that they hold


Medicare At 40: A Mid-Life Crisis?, Nancy-Ann Deparle Jan 2004

Medicare At 40: A Mid-Life Crisis?, Nancy-Ann Deparle

Journal of Health Care Law and Policy

No abstract provided.


Traditional Hindu Law In The Guise Of 'Postmodernism:' A Review Article, Donald R. Davis Jr. Jan 2004

Traditional Hindu Law In The Guise Of 'Postmodernism:' A Review Article, Donald R. Davis Jr.

Michigan Journal of International Law

Review of Hindu Law: Beyond Tradition and Modernity by Werner F. Menski


"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.


Ohio's Constitutions: An Historical Perspective, Barbara A. Terzian Jan 2004

Ohio's Constitutions: An Historical Perspective, Barbara A. Terzian

Cleveland State Law Review

This article takes us from 1802 to the present, through two state constitutions and four constitutional conventions. The author shows how the crucible of history shaped and reshaped the Ohio Constitution - from early struggles, on the very threshold of statehood, between Jeffersonian Republicans and Federalists; to the pressures exerted in their respective eras by Abolitionists, Progressives, and Prohibitionists; to the quests for suffrage by blacks and women; to the economic impact of the Civil War and the growing industrialization of subsequent decades. Terzian performs this survey with careful attention to the political dynamics at each of Ohio's constitutional conventions …