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Articles 4891 - 4920 of 6239
Full-Text Articles in Law
Punitive Damages, Social Norms, And Economic Analysis, Robert D. Cooter
Punitive Damages, Social Norms, And Economic Analysis, Robert D. Cooter
Law and Contemporary Problems
Cooter offers an economic analysis of punitive damages, keeping in mind the role of social norms. Liability for compensatory damages provides efficient incentives for self-monitoring.
Innocents Beware: Has Bennis V. Michigan Made Asset Forfeiture Too Easy?, Ronald F. Labedz
Innocents Beware: Has Bennis V. Michigan Made Asset Forfeiture Too Easy?, Ronald F. Labedz
Northern Illinois University Law Review
This note examines the historical justifications of asset forfeiture as well as the justifications behind its more recent uses. The note begins by analyzing the rationale of precedents that have upheld asset forfeiture then that rationale is applied to the facts of Bennis v. Michigan. After establishing that the exigencies historically thought necessary to justify asset forfeiture are not present in Bennis, the author determines the Supreme Court improperly applied precedent and instead should have conducted a due process analysis. The author argues that had the Supreme Court conducted that analysis, the Court would have held Michigan's asset forfeiture scheme …
Blind Leading The "Colorblind": The Evisceration Of Affirmative Action And A Dream Still Deferred, Amy L. Knickmeier
Blind Leading The "Colorblind": The Evisceration Of Affirmative Action And A Dream Still Deferred, Amy L. Knickmeier
Northern Illinois University Law Review
The age of race-conscious remedial programs is coming to its demise. This Comment analyzes the application of the Fourteenth Amendment to school desegregation decrees and affirmative action programs in higher education. Furthermore, the Comment addresses the progressively hostile attitude exemplified by the judiciary toward such programs when Constitutional violations are absent. Finally, this Comment argues that racism continues to extensively influence societal views and behaviors. Therefore, until more viable and effective solutions to racism are implemented, race-conscious affirmative action plans must survive. Consequently, the Supreme Court ought to mandate a lenient standard of review to race-based remedial programs in higher …
Spinning A Tighter Web: The First Amendment And Internet Regulation, Angela E. Wu
Spinning A Tighter Web: The First Amendment And Internet Regulation, Angela E. Wu
Northern Illinois University Law Review
This article examines the First Amendment issues associated with Internet regulation, specifically the Communications Decency Act of 1996 and discusses the district court opinion in ACLU v. Reno. The author considers existing legislation in the telecommunications industry and the effect of such legislation on First Amendment rights. In additions, the author contends that the Internet is a revolutionary medium that should remain free of government intrusion. Therefore, due to the impossibility of regulating the Internet and the value that society places on the free exchange of ideas, the CDA should not be upheld by the United States Supreme Court.
The Internet In The College Community, Robert M. O'Neil
The Internet In The College Community, Robert M. O'Neil
Northern Illinois University Law Review
This article reviews several current issues at the intersection of free expression and electronic communication on the college and university campus. It presupposes the conclusion which a unanimous Supreme Court reached in late June 1997, in the Communications Decency Act Case - that speech on the internet is as fully protected by the First Amendment as is expression in more traditional and familiar media. The quandary for institutions of higher learning, sharply criticized in this article, is the belief of many regulators, on as well as off campus, that electronic or digital messages pose different risks and may therefore be …
Broadly Speaking - April 22, 1997, Nova Southeastern University
Broadly Speaking - April 22, 1997, Nova Southeastern University
Broadly Speaking
No abstract provided.
The Myth Of Context In Politics And Law, Anita Krug
The Myth Of Context In Politics And Law, Anita Krug
All Faculty Scholarship
Visions of group-based rights in political and legal theory strive to be both antiessentialist and antiuniversalist. They reject an essentialist view of the self — a view that there is a single experience common to all persons composing, for example, a particular ethnic, racial, or gender group — on the basis that a person’s identity is context-based and contingent, and cannot be defined solely by such factors as race or gender. They also reject the universalist notion of an abstract equality of persons that is at the basis of traditional conceptions of individual rights. In short, group rights are based …
Mid-Atlantic Ethics Committee Newsletter, Spring 1997
Mid-Atlantic Ethics Committee Newsletter, Spring 1997
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Girls' Schools After Vmi: Do They Make The Grade, Valorie K. Vojdik
Girls' Schools After Vmi: Do They Make The Grade, Valorie K. Vojdik
Scholarly Works
No abstract provided.
Broadly Speaking - April Fools' Day, 1997, Nova Southeastern University
Broadly Speaking - April Fools' Day, 1997, Nova Southeastern University
Broadly Speaking
No abstract provided.
Canadian State Trials, Vol. 1, Michael Boudreau
Canadian State Trials, Vol. 1, Michael Boudreau
Dalhousie Law Journal
In a letter to Deputy Judge Advocate Charles Gould, dated 10 April 1762, General Thomas Gage, Commander-in-Chief of British forces in North America, wrote with regard to the proceedings of the general courts martial in Montreal that "it is a Maxim held by all Civilians That no government can subsist without Law." Over half a century later in Bay Roberts, Newfoundland, William Elenes filed an affidavit with the Harbour Grace Sessions Court alleging that a group of men stole some potatoes from his house. "Late in March of [ 1817]," the statement read, "John McGrath with a gun and two …
Inside The Law: Canadian Law Firms In Historical Perspective, Douglas C. Harris
Inside The Law: Canadian Law Firms In Historical Perspective, Douglas C. Harris
Dalhousie Law Journal
This collection of essays edited by Carol Wilton' chronicles the changing character of Canadian law firms from the "golden age" of the sole practitioner in the nineteenth century to the mega-firms of the late twentieth. Most of the essays describe the changing profession through a case study of a single lawyer or firm, and Wilton has collected a representative sample of firms from across the country. Some of the firms remained small or disappeared, while others grew into full-service corporate commercial law firms of several hundred lawyers. Most of the essays focus on the personalities of the lawyers involved, their …
Broadly Speaking - March 10, 1997, Nova Southeastern University
Broadly Speaking - March 10, 1997, Nova Southeastern University
Broadly Speaking
No abstract provided.
An America Without Judicial Independence, Penny White
An America Without Judicial Independence, Penny White
Scholarly Works
No abstract provided.
The Nova Southeastern Lawyer, 1997, Volume 10, Number 2, Nova Southeastern University - Shepard Broad College Of Law
The Nova Southeastern Lawyer, 1997, Volume 10, Number 2, Nova Southeastern University - Shepard Broad College Of Law
Nova Lawyer
No abstract provided.
The Law Of The Jubilee In Modern Perspective, Bruce Ledewitz
The Law Of The Jubilee In Modern Perspective, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Law And The Coming Environmental Catastrophe, Bruce Ledewitz
Law And The Coming Environmental Catastrophe, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Basic Brownfields, Becky Jacobs
Basic Brownfields, Becky Jacobs
College of Law Faculty Scholarship
It seems as if everyone is talking about brownfields these days. You hear about brownfields on the news, and you can select from a variety of books and articles on the subject. Brownfields forums and seminars are being organized nationwide. Government agencies and officials at all levels consider brownfields a top priority. President Bill Clinton even remarked upon the issue in his 1997 State of the Union Address: "We should restore contaminated urban land and buildings to productive use." This article is a basic guide to the brownfields problem. It will define the problem and will attempt to identify the …
Classifying Race, Racializing Class, Fran Ansley
Classifying Race, Racializing Class, Fran Ansley
Scholarly Works
No abstract provided.
Move Over Marcus Welby, M.D. And Make Way For Managed Care: The Implications Of Capitation, Gag Clauses, And Economic Credentialing, Michelle M. Kwon
Move Over Marcus Welby, M.D. And Make Way For Managed Care: The Implications Of Capitation, Gag Clauses, And Economic Credentialing, Michelle M. Kwon
Scholarly Works
No abstract provided.
If Justice Is For All, Who Are Its Constituents?, Penny White
If Justice Is For All, Who Are Its Constituents?, Penny White
Scholarly Works
No abstract provided.
Hoodwink'd By Custom: The Exclusion Of Women From Juries In Eighteenth-Century English Law And Literature, Judy Cornett
Hoodwink'd By Custom: The Exclusion Of Women From Juries In Eighteenth-Century English Law And Literature, Judy Cornett
Scholarly Works
No abstract provided.
Researching For Democracy And Democratizing Research, Fran Ansley
Researching For Democracy And Democratizing Research, Fran Ansley
Scholarly Works
No abstract provided.
Inuit: Aspects Of Life Of Indigenous Peoples In Alaska, June I. Degnan
Inuit: Aspects Of Life Of Indigenous Peoples In Alaska, June I. Degnan
St. Thomas Law Review
No abstract provided.
Indigenous Peoples And International Law: The Case Of Ecuador, Francisco Lopez Bermudez
Indigenous Peoples And International Law: The Case Of Ecuador, Francisco Lopez Bermudez
St. Thomas Law Review
The present Article focuses on the study of international law and indigenous peoples with a special reference to the practice of the State of Ecuador in this regard. For the sake of brevity, only the work of the international community since the establishment of the United Nations will be taken into consideration.
Common Roots But Modern Divergences: Aboriginal Policies In Canada And The United States, Bradford W. Morse
Common Roots But Modern Divergences: Aboriginal Policies In Canada And The United States, Bradford W. Morse
St. Thomas Law Review
In this essay, I will attempt to provide an overview of some of the major issues that confront Aboriginal and non-Aboriginal Canadians in their search to forge a reconciliation that overcomes historic injustices committed upon the First Peoples of the land now known as Canada and to establish a new relationship built upon trust and mutual respect. I will also offer some insights on the negotiations underway acquired from the vantage point of someone who has served as a legal advisor to many First Nations and Aboriginal organizations for sixteen years, followed by three years as chief of staff to …
Front Matter
St. Thomas Law Review
Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 9, Issue 2, Winter 1997.
The Internal Revenue Service Under Equitable Attack, Joseph M. Landolfi Jr.
The Internal Revenue Service Under Equitable Attack, Joseph M. Landolfi Jr.
St. Thomas Law Review
Part II of this article addresses the legislative history of the applicable Internal Revenue Codes. Part III investigates the conflicts between the circuit courts' regarding whether to allow the tolling of the time period for filing a refund claim. Additionally, Part III identifies the conflict that exists within certain circuits that do not apply the doctrine of equitable tolling to tax refund claims but allow other equitable remedies to apply in other tax related matters. Finally, Part IV demonstrates that equitable tolling should be permitted as a defense to an assertion that a tax refund claim has been untimely filed. …
The Law, Policy, And Politics Of Gillnet Restrictions In State Waters Of The Gulf Of Mexico, John Alton Duff
The Law, Policy, And Politics Of Gillnet Restrictions In State Waters Of The Gulf Of Mexico, John Alton Duff
St. Thomas Law Review
Since 1981, every state bordering the Gulf of Mexico has introduced some form of restrictions on the use of gillnets in nearshore waters.' Many recreational fishermen and conservationists have argued that gillnets severely deplete fish stocks and indiscriminately kill marine life Seeking to conserve natural resources, conservationists have mounted campaigns aimed at restricting or banning the commercial use of gillnets. In response, commercial fishermen claim that conservationists' arguments simply cloud the real issue-resource allocation. Commercial fishermen in the Gulf of Mexico maintain that fish stocks such as mullet, red drum, and sea trout are healthy,6 and that the nets are …
Florida Real Estate License Law: Who Is Protecting The Public?, Nancy P. Campiglia
Florida Real Estate License Law: Who Is Protecting The Public?, Nancy P. Campiglia
St. Thomas Law Review
Premised on the proposition that there exists a "mismatch between the regulatory objective and the technique chosen to achieve it," this article illustrates the false sense of security advanced by the belief that state licensure and regulation provide the yellow brick road to consumer safety in real estate. Part II presents the inadequacy of the threshold standards for state licensing. Part III concentrates on the deficiency of educational requirements in relation to the importance of the duties endemic to the tasks of real estate licensees. Part IV demonstrates that the FREC, whose purpose is to protect the public, is in …