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Articles 991 - 1020 of 2072

Full-Text Articles in Law

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 …

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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.

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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, …

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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, …

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Lawyers, Gats, And The Wto Accountancy Disciplines: The History Of The Wto's Consultation, The Iba Gats Forum And The September 2003 Iba Resolutions, Laurel S. Terry Apr 2004

Lawyers, Gats, And The Wto Accountancy Disciplines: The History Of The Wto's Consultation, The Iba Gats Forum And The September 2003 Iba Resolutions, Laurel S. Terry

Faculty Scholarly Works

The article addresses issues related to legal services and the General Agreement on Trade in Services or GATS. The article begins by focusing on "Track #2" of the GATS and the obligation under GATS Article VI:4 to develop "any necessary disciplines." In 1998, WTO Members implemented GATS Article VI:4 by adopting "Disciplines" that apply to the accoutnancy sector. WTO Members currently are in the process of deciding whether to extend the WTO Accountancy Disciplines, S/L/64, to other service sectors, including legal services. In December 2002, the WTO sent the International Bar Association (IBA) and other non-governmental organizations a "consultation letter" …

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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.

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What Law Schools Can Learn From Billy Beane And The Oakland Athletics , Rafael Gely, Paul L. Caron Apr 2004

What Law Schools Can Learn From Billy Beane And The Oakland Athletics , Rafael Gely, Paul L. Caron

Faculty Publications

In Moneyball, Michael Lewis writes about a story with which he fell in love, a story about professional baseball and the people that play it. A surprising number of books and articles have been written by law professors who have had long love affairs with baseball. These books and articles are a two-way street, with baseball and law each informing and enriching the other. For example, law professors versed in antitrust, labor, property, tax, and tort law have brought their legal training to bear on particular aspects of baseball. Law professors also have mined their passion for baseball in extracting …

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Time Travel, Hovercrafts, And The Fourth Amendment: If James Madison Could Have Seen The Future, George C. Thomas Mar 2004

Time Travel, Hovercrafts, And The Fourth Amendment: If James Madison Could Have Seen The Future, George C. Thomas

ExpressO

Recent historical work has raised the intriguing possibility that the Framers meant to accomplish only one goal in the Fourth Amendment: to forbid general warrants. On this historical account, the first clause stating a right of the people to be "free from unreasonable searches and seizures" is merely declaratory of the principle that led the Framers to ban general warrants. Rephrased to be true to this history, the Fourth Amendment would say: "The right of the people to be secure in their persons, houses, papers, and effects against general warrants shall not be violated, and no general warrants shall issue." …

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Human Dignity And The Claim Of Meaning: Athenian Tragic Drama And Supreme Court Decisions, James Boyd White Feb 2004

Human Dignity And The Claim Of Meaning: Athenian Tragic Drama And Supreme Court Decisions, James Boyd White

Articles

I am going to bring together what may seem at first to be two extremely different institutions for the creation of public meaning, namely classical Athenian tragedy and the Supreme Court opinion.1 My object is not so much to draw lines of similarity and distinction between them, as a cultural analyst might do, as to try to capture something of what I believe is centrally at work in both institutions, in fact essential to what each at its best achieves. I can frame it as a question: How is it that the best instances of each genre (for I will …

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Justice Harlan’S Law And Democracy, Bruce Ledewitz Jan 2004

Justice Harlan’S Law And Democracy, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

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A Constitution For Everyone, Bruce Ledewitz Jan 2004

A Constitution For Everyone, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

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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

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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.

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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 …

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Face To Face With The Right Of Confrontation, Richard D. Friedman Jan 2004

Face To Face With The Right Of Confrontation, Richard D. Friedman

Other Publications

This article is an edited excerpt from the amicus curiae brief filed in Crawford v. Washington, heard before the United States Supreme Court on November 10, 2003. Prof. Friedman wrote the brief for the Court.

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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 …

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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

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Celebrating A Diamond Anniversary: Pennsylvania Bar Association Quarterly Volumes 1-74 (1929-2003): A History, Joel Fishman Jan 2004

Celebrating A Diamond Anniversary: Pennsylvania Bar Association Quarterly Volumes 1-74 (1929-2003): A History, Joel Fishman

Law Faculty Publications

In celebrating the seventy-fifth year anniversary of the Pennsylvania Bar Association Quarterly, a description and some commentary upon this leading periodical of the state bar association deserve attention.1 The Quarterly’s publication history is fairly straightforward. The first issue was published in June 1929. In the first ten years, issues were numbered from one to forty until June 1939 and so for bibliographical purposes, volumes are not included in the citations.2 Beginning in 1939-40, the volume number (11 ) was added. In the first four years the Quarterly was published in June, September, December, and March and changed to …

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Degrees Of Freedom: Building Citizenship In The Shadow Of Slavery, Rebecca J. Scott Jan 2004

Degrees Of Freedom: Building Citizenship In The Shadow Of Slavery, Rebecca J. Scott

Articles

By seeing events in the past as part of a dynamically evolving system with a large, but not indefinite, number of degrees of freedom, we can turn our attention to the multiple possibilities for change, and to the ways in which societies that are initially similarly situated may go on to diverge very sharply. Thus it is, I will argue, with societies in the 19th century that faced the challenge of building citizenship on the ruins of slavery.

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Guaranteed Payments Made In Kind By A Partnership, Douglas A. Kahn, Faith Cuenin Jan 2004

Guaranteed Payments Made In Kind By A Partnership, Douglas A. Kahn, Faith Cuenin

Articles

If a partnership makes a payment to a partner for services rendered in the latter's capacity as a partner or for the use of capital, to the extent that the payment is determined without regard to partnership income, it is characterized by the Internal Revenue Code as a "guaranteed payment" and is treated differently from other partnership distributions.' In addition, if a partnership makes a payment in liquidation of a retiring or deceased partner's interest in the partnership, part of that payment may be characterized as a guaranteed payment by section 736(a)(2). We will discuss in Part VI of this …

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The Confrontation Clause Re-Rooted And Transformed, Richard D. Friedman Jan 2004

The Confrontation Clause Re-Rooted And Transformed, Richard D. Friedman

Articles

For several centuries, prosecution witnesses in criminal cases have given their testimony under oath, face to face with the accused, and subject to cross-examination at trial. The Confrontation Clause of the Sixth Amendment to the U.S. Constitution guarantees the procedure, providing that ‘‘[i]n all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witness against him.’’ In recent decades, however, judicial protection of the right has been lax, because the U.S. Supreme Court has tolerated admission of outof- court statements against the accused, without cross-examination, if the statements are deemed ‘‘reliable’’ or ‘‘trustworthy.’’ …

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Underwood Law Library Newsletter, Vol. 15, No. 1 – Fall 2004, Southern Methodist University, Dedman School Of Law, Underwood Law Library Jan 2004

Underwood Law Library Newsletter, Vol. 15, No. 1 – Fall 2004, Southern Methodist University, Dedman School Of Law, Underwood Law Library

Law Library Newsletter (1989-2006)

No abstract provided.

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Face To Face': Rediscovering The Right To Confront Prosecution Witnesses, Richard D. Friedman Jan 2004

Face To Face': Rediscovering The Right To Confront Prosecution Witnesses, Richard D. Friedman

Articles

The Sixth Amendment to the United States Constitution protects the right of an accused 'to confront the witnesses against him'. The United States Supreme Court has treated this Confrontation Clause as a broad but rather easily rebuttable rule against using hearsay on behalf of a criminal prosecution; with respect to most hearsay, the exclusionary rule is overcome if the court is persuaded that the statement is sufficiently reliable, and the court can reach that conclusion if the statement fits within a 'firmly rooted' hearsay exception. This article argues that this framework should be abandoned. The clause should not be regarded …

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Health Care's "Thirty Years War": The Origins And Dissolution Of Managed Care, Edward P. Richards, Thomas R. Mclean Jan 2004

Health Care's "Thirty Years War": The Origins And Dissolution Of Managed Care, Edward P. Richards, Thomas R. Mclean

Journal Articles

No abstract provided.

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"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.

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Labor And Employment Law In Two Transitional Decades, Theodore J. St. Antoine Jan 2004

Labor And Employment Law In Two Transitional Decades, Theodore J. St. Antoine

Articles

Labor law became labor and employment law during the past several decades. The connotation of "labor law" is the regulation of union-management relations and that was the focus from the 1930s through the 1950s. In turn, voluntary collective bargaining was supposed to be the method best suited for setting the terms and conditions of employment for the nation's work force. Since the 1960s, however, the trend has been toward more governmental intervention to ensure nondiscrimination, safety and health, pensions and other fringe benefits, and so on. "Employment law" is now the term for the direct federal or state regulation of …

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The Lingering Effects Of Copyright's Response To The Invention Of Photography, Christine Farley Jan 2004

The Lingering Effects Of Copyright's Response To The Invention Of Photography, Christine Farley

Scholarly Articles in Law Reviews & Journals

In 1884, the Supreme Court was presented with dichotomous views of photography. In one view, the photograph was an original, intellectual conception of the author-a fine art. In the other, it was the mere product of the soulless labor of the machine. Much was at stake in this dispute, including the booming market in photographs and the constitutional importance of the originality requirement in copyright law. This first confrontation between copyright law and technology provides invaluable insights into copyright law's ability to adapt and accommodate in the face of a challenge. An examination of these historical debates about photography across …

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Injustice Casts Shadow On History Of State Executions, John Bessler Dec 2003

Injustice Casts Shadow On History Of State Executions, John Bessler

All Faculty Scholarship

This article, published in the StarTribune of Minneapolis, discusses the history of lynchings and executions in the State of Minnesota. It specifically discusses miscarriages of justice that have taken place in Minnesota, along with highlighting other problems associated with capital punishment.

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A History Of Health Care For The Indigent In St. Louis: 1904–2001, Daniel R. Berg, M.D. Dec 2003

A History Of Health Care For The Indigent In St. Louis: 1904–2001, Daniel R. Berg, M.D.

Saint Louis University Law Journal

No abstract provided.

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The Need For Revisions To The Law Of Wiretapping And Interception Of Email, Robert A. Pikowsky Oct 2003

The Need For Revisions To The Law Of Wiretapping And Interception Of Email, Robert A. Pikowsky

Michigan Telecommunications & Technology Law Review

I argue that a person's privacy interest in his email is the same as his privacy interest in a telephone conversation. Moreover, the privacy interest in email remains unchanged regardless of whether it is intercepted in transmission or covertly accessed from the recipient's mailbox. If one accepts this assumption, it follows that the level of protection against surveillance by law enforcement officers should be the same[...] As technology continues to blur the distinction between wire and electronic communication, it becomes apparent that a new methodology must be developed in order to provide logical and consistent protection to private communications. The …

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