Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Law

Discipline
Institution
Publication Year
Publication
Publication Type
File Type

Articles 4741 - 4770 of 6239

Full-Text Articles in Law

Some Thoughts On The Evidentiary Aspects Of Technologically Produced Or Presented Evidence, Fredric I. Lederer Jan 1999

Some Thoughts On The Evidentiary Aspects Of Technologically Produced Or Presented Evidence, Fredric I. Lederer

Faculty Publications

No abstract provided.

Go to article

Teaching Jewish Law In American Law Schools: An Emerging Development In Law And Religion, Samuel J. Levine Jan 1999

Teaching Jewish Law In American Law Schools: An Emerging Development In Law And Religion, Samuel J. Levine

Scholarly Works

In recent years, religion has gained an increasing prominence in both the legal profession and the academy. Through the emergence of the "religious lawyering movement," lawyers and legal scholars have demonstrated the potential relevance of religion to many aspects of lawyering. Likewise, legal scholars have incorporated religious thought into their work through books, law journals and classroom teaching relating to various areas of law and religion. In this Essay, Levine discusses one particular aspect of these efforts, namely, the place of Jewish law in the American law school curriculum. Specifically, he outlines briefly three possible models for a course in …

Go to article

Front Matter Jan 1999

Front Matter

Animal Law Review

Front Matter contains title page, masthead, advisors, and Table of Contents for Animal Law Volume 5, Issue 1.

Go to article

Free Speech, Animal Law, And Food Activism, Howard F. Lyman Jan 1999

Free Speech, Animal Law, And Food Activism, Howard F. Lyman

Animal Law Review

No abstract provided.

Go to article

Don’T Fence Me In -- Appllication Of The Unlawful Inclosures Of Public Lands Act To Benefit Wildlife, Chandra Rosenthal, Kara Gillon Jan 1999

Don’T Fence Me In -- Appllication Of The Unlawful Inclosures Of Public Lands Act To Benefit Wildlife, Chandra Rosenthal, Kara Gillon

Animal Law Review

The Bureau of Land Management and the Forest Service manage millions of acres of public land across the United States. Most of this land seres more than one purpose-grazing, mining, recreation, timber, wildlife-and thus must remain available for these uses. Historically, the Unlaujul Inclosures Act (UIA) preserved access for ranchers and homesteaders. More recently, the UIA has also protected access for wildlife whose movements are impeded by fences or other illegal obstructions. This article argues that such protection should be extended to the Sonoran pronghorn antelope in the southnwestern United States.

Go to article

Mclibel, David J. Wolfson Jan 1999

Mclibel, David J. Wolfson

Animal Law Review

In 1991, McDonald's sued two pro se defendants in England for defamation in relation to, among other things, allegations that McDonald's was culpably responsible for cruel common farming practices. The case took seven years and the appeals still continue, Though McDonald's spent over $16 million on legal representation and had significant legal advantages, it lost major portions of the case, including the issue of animal cruelty. Mr. Molfson discusses the background and holding of "MeLibel" in relation to cruel common farming practices, its unique legal context, and the impact of the holding on animal law in general and state anti-cruelty …

Go to article

Animal Thing To Animal Person -- Thoughts On Time, Place, And Theories, Steven M. Wise Jan 1999

Animal Thing To Animal Person -- Thoughts On Time, Place, And Theories, Steven M. Wise

Animal Law Review

The rule that "animals are property," and do not merit legal rights, is ingrained in the law of English-speaking countries. Challenges to this rule must be brought in strategic, thoughtfu, sensitive, sophisticated, and coordinated ways. This essay offers seven related strategic considerationsf or anyone who wishes to battle the "animals as property" rule.

Go to article

State Animal Anti-Cruelty Statutes: An Overview, Pamela D. Frasch, Stephan K. Otto, Kristen M. Olsen, Paul A. Ernest Jan 1999

State Animal Anti-Cruelty Statutes: An Overview, Pamela D. Frasch, Stephan K. Otto, Kristen M. Olsen, Paul A. Ernest

Animal Law Review

This article provides an introduction to the current status of state animal anti-cruelty laws throughout the United States. Extensive exploration of the similarities and differences between these statutes, combined with detailed statutory citations, enables this article to serve as a useful resource for research and statistical purposes. Additionally, the article offers an opportunity to review many of the provisions contained within these anti-cruelty statutes and to identify those in need of improvement.

Go to article

Animal Cruelty And Violence Against Humans: Making The Connection, Randall Lockwood Jan 1999

Animal Cruelty And Violence Against Humans: Making The Connection, Randall Lockwood

Animal Law Review

The idea that there is a connection between the way individuals treat animals and human beings has a long history in Western popular culture, but a shorter history as the subject of scientific research. Recently, a growing body of evidence has confirmed an association between repeated, intentional abuse of animals and a variety of violent antisocial behaviors including child abuse, domestic violence, and violent criminal activities. The public made this connection before most law-enforcement or menial health officials. Public sentiment for tougher and better-enforced animal cruelty laws is strong, and there has been a dramatic response to recent high-profile animal …

Go to article

1998 Legislative Review, Aaron Lake Jan 1999

1998 Legislative Review, Aaron Lake

Animal Law Review

Legislative Review is a new feature summarizing the major state ballot initiative drives over the past year. The 1998 Legislative Review contains an overview of initiatives including: cockfighting in Arizona and Missouri; trapping in Alaska in Alaska and California; hunting in Minnesota and Ohio; animal farming in California, Colorado, and South Dakota; and wildlife protection in Utah.

Go to article

Equity As A Paradigm For Sustainability: Evolving The Process Toward Interspecies Equity, Gwendellyn Io Earnshaw Jan 1999

Equity As A Paradigm For Sustainability: Evolving The Process Toward Interspecies Equity, Gwendellyn Io Earnshaw

Animal Law Review

The concept of sustainability has evolved through a wide variety of definitions. Traditionally, sustainability was seen as a system of management which would allow humans to perpetually exploit the world's natural resources; that is, to manage resources so they would never be depleted. More recently, however, writers have argued the traditional concept of sustainability has failed because a truly sustainable system recognizes all resources and stakeholders for their inherent value. Equity is thus the essential ethic of a sustainable system. This article adopts this modern view of sustainability and identifies interspecies equity-the consideration of nonhuman animals based upon their inherent …

Go to article

Examining The Viability Of Another Lord Of Yesterday: Open Range Laws And Livestock Dominnance In The Modern West, Coby Dolan Jan 1999

Examining The Viability Of Another Lord Of Yesterday: Open Range Laws And Livestock Dominnance In The Modern West, Coby Dolan

Animal Law Review

In this comment, the author explores the development of open range laws in Oregon and other western states and argues such laws should be abolished or drastically amended. Common law requires ranchers to fence livestock in or face liability for damages caused by strays. Hvever, historical customs and practices of Western states were shaped by vast open lands and sparce populations, leading to open range customs which required a landowner to fence "out" livestock to protect their property. This comment focuses on the case of Dr. Patrick Shipsey, an Oregon landowner convicted of shooting cattle that wandered onto his land. …

Go to article

Statutes With Four Legs To Stand On? An Examination Of "Cruelty To Police Dog" Laws, Craig Ian Scheiner Jan 1999

Statutes With Four Legs To Stand On? An Examination Of "Cruelty To Police Dog" Laws, Craig Ian Scheiner

Animal Law Review

Since 1978, forty states and one United States territory have passed laws to protect police dogs. Despite the numerous peculiarities contained in these laws, as well as the legal issues raised by them, none of the laws have been reviewed in academic literature. Although the courts have had little occasion to analyze the vast breadth of issues surrounding the police dog laws, there is much to be said about the components of the various statutes. This article examines the statutory requirements and prescribed penalties relating to police dog statutes and opens debate on the prudence and value of such laws. …

Go to article

The Leak And The Craft: A Hard Line Proposal To Stop Unaccountable Disclosures Of Law Enforcement Information, John Q. Barrett Jan 1999

The Leak And The Craft: A Hard Line Proposal To Stop Unaccountable Disclosures Of Law Enforcement Information, John Q. Barrett

Faculty Publications

The critics of Kenneth W. Starr accused him, in the five-plus years that he served as the multi-tasked Independent Counsel, of many failings, mistakes, and improprieties. One of the most prevalent charges was one that has significance to lawyers and resonates with the general public's sense of bad behavior by prosecutors: the allegation that Starr and/or members of his staff "leaked" information. This general accusation was, of course, imprecise. It also might have been overbroad. Prosecutorial "leaks" include such plain illegalities as disclosing grand jury information to the media or other unauthorized persons, and also the much less regulated practice …

Go to article

Independent Counsel Law Improvements For The Next Five Years, John Q. Barrett Jan 1999

Independent Counsel Law Improvements For The Next Five Years, John Q. Barrett

Faculty Publications

This Article is adapted from remarks made in New Orleans on January 8, 1999, as part of an Association of American Law Schools (AALS) Administrative Law Section panel discussion entitled, "Separation of Powers Revisited: Should the Independent Counsel Law Be Renewed?" Our topic is "Should the Independent Counsel Law Be Renewed?" and my answer is, "Not exactly." I will not be, in other words, defending the status quo. Indeed, the empty chair you see here on the dais nicely contains the only "defender" of the status quo of whom I know. What I would like to do is remind us …

Go to article

Discovery In International Legal Developments Year In Review: 1998, Christopher J. Borgen Jan 1999

Discovery In International Legal Developments Year In Review: 1998, Christopher J. Borgen

Faculty Publications

American procedure regarding international discovery stems from 28 U.S.C. §§ 1781-1783, and the Federal Rules of Civil Procedure, in particular Rule 28(b). The leading case on the topic of international discovery is the Supreme Court's decision in Société Nationale Industielle Aerospatiale v. United States District Court. Many later cases base their reasoning on interpretations of Aerospatiale. This article is a brief review of developments during the year.

Go to article

Sovereignty, Compliance, And The World Trade Organization: Lessons From The History Of Supreme Court Review, Mark L. Movsesian Jan 1999

Sovereignty, Compliance, And The World Trade Organization: Lessons From The History Of Supreme Court Review, Mark L. Movsesian

Faculty Publications

One of the World Trade Organization’s (WTO's) more remarkable and controversial innovations is its mechanism for resolving trade disputes among member states. Traditionally, states have resolved such disputes in "pragmatic" fashion, through negotiation and compromise informed by the relative power of the parties involved. But no longer: the WTO's Understanding on Rules and Procedures Governing the Settlement of Disputes (the DSU) provides that disputes between member states are to be resolved in adversary proceedings before impartial panels of experts." Under the DSU, panels have authority to decide whether members' laws violate international trade norms; panel decisions are essentially binding, though …

Go to article

Original Intent: Does The Double Jeopardy Clause Apply To Incarceration?, Bruce Ledewitz Dec 1998

Original Intent: Does The Double Jeopardy Clause Apply To Incarceration?, Bruce Ledewitz

Ledewitz Papers

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

Go to article

Index (Volume 72) Dec 1998

Index (Volume 72)

International Law Studies

No abstract provided.

Go to article

Neonaticide: Less Than Murder?, James J. Dvorak Nov 1998

Neonaticide: Less Than Murder?, James J. Dvorak

Northern Illinois University Law Review

This comment examines the crime of infanticide. The comment includes a brief history of infanticide and an explanation of how the crime is treated in common law countries. A comparison of the United States and other common law countries leads the author to suggest that the United States should adopt an infanticide statute similar to that of other common law countries.

Go to article

Broadly Speaking - October 16, 1998, Nova Southeastern University Oct 1998

Broadly Speaking - October 16, 1998, Nova Southeastern University

Broadly Speaking

No abstract provided.

Go to article

Mid-Atlantic Ethics Committee Newsletter, Fall-Winter 1998 Oct 1998

Mid-Atlantic Ethics Committee Newsletter, Fall-Winter 1998

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Go to article

Getting Out Of This Mess: Steps Toward Addressing And Avoiding Inordinate Delay In Capital Cases, Dwight Aarons Oct 1998

Getting Out Of This Mess: Steps Toward Addressing And Avoiding Inordinate Delay In Capital Cases, Dwight Aarons

Scholarly Works

No abstract provided.

Go to article

The Outer Boundaries Of The Bankruptcy Estate, Thomas E. Plank Oct 1998

The Outer Boundaries Of The Bankruptcy Estate, Thomas E. Plank

Scholarly Works

No abstract provided.

Go to article

Why Bankruptcy Judges Need Not And Should Not Be Article Iii Judges, Thomas E. Plank Oct 1998

Why Bankruptcy Judges Need Not And Should Not Be Article Iii Judges, Thomas E. Plank

Scholarly Works

No abstract provided.

Go to article

The Lawlessness In Our Courts, Susan P. Koniak Oct 1998

The Lawlessness In Our Courts, Susan P. Koniak

Faculty Scholarship

Elsewhere I have argued that the word "law" is too important a resource to reserve exclusively for state acts and pronouncements. Here, however, my emphasis is somewhat different. Here, I want to concentrate on the importance of denying the label of "law" to some acts that the state calls "law," particularly the importance of lawyers denying the state's indiscriminate use of the word "law." The bar's rhetoric maintains that the profession's independence from the state is critically important because only an independent bar can serve as an appropriate check on tyranny, on state force masquerading as law. Well, I write …

Go to article

Broadly Speaking - August 24, 1998, Nova Southeastern University Aug 1998

Broadly Speaking - August 24, 1998, Nova Southeastern University

Broadly Speaking

No abstract provided.

Go to article

Imperfect Death Penalty Not Acceptable, Bruce Ledewitz Aug 1998

Imperfect Death Penalty Not Acceptable, Bruce Ledewitz

Ledewitz Papers

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

Go to article

Mid-Atlantic Ethics Committee Newsletter, Summer 1998 Jul 1998

Mid-Atlantic Ethics Committee Newsletter, Summer 1998

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Go to article

Throwing Like A Girl: Constitutional Implications Of Title Ix Regarding Gender Discrimination In High School Athletic Programs, Tracy J. Johnson Jul 1998

Throwing Like A Girl: Constitutional Implications Of Title Ix Regarding Gender Discrimination In High School Athletic Programs, Tracy J. Johnson

Northern Illinois University Law Review

This comment examines various approaches to dealing with sexual discrimination in high school sports. The decisions reveal that equal protection under the law is violated if the classification between males and females in connection with team sports is based on stereotypic notions or assumptions. The author suggests that rules which automatically exclude all females from competing with the males for a place on a team violate equal protection and impair the important governmental objective of providing full and equal opportunity to educational programs and activities. Finally, this comment stresses that in order to provide meaningful athletic opportunities to young women, …

Go to article

First Prev Next Last