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Articles 5251 - 5280 of 6238

Full-Text Articles in Law

Playing The Game, Allan C. Hutchinson Apr 1994

Playing The Game, Allan C. Hutchinson

Dalhousie Law Journal

Soccer is my game. It has been part of my life and, therefore, a part of me since before I can remember. Much of my early years was spent kicking a ball around in one setting or another. Sleeping or waking, I was never far from a soccer ball. On my own against a wall or with a couple of likeminded friends, I took the part of legendary favourites and played out some of soccer's great games. The stuff of boyhood fantasizing, some of my best memories can still be traced back to my grandfather's back yard or the local …

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Solving The Chevron Puzzle, Linda R. Cohen, Matthew L. Spitzer Apr 1994

Solving The Chevron Puzzle, Linda R. Cohen, Matthew L. Spitzer

Law and Contemporary Problems

The "Chevron" decision, which boils down to the rule that federal courts must respect any reasonable interpretation by an administrative agency of its own statute, is discussed. This decision and its relationship to the modern system of administrative government in the US is examined.

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Punishment Most Cruel, Bruce Ledewitz Mar 1994

Punishment Most Cruel, Bruce Ledewitz

Ledewitz Papers

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

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Imposition, Richard Delgado, Jean Stefancic Mar 1994

Imposition, Richard Delgado, Jean Stefancic

William & Mary Law Review

No abstract provided.

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The Word On Trial, Robin West Mar 1994

The Word On Trial, Robin West

William & Mary Law Review

No abstract provided.

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Scorn, Richard Delgado, Jean Stefancic Mar 1994

Scorn, Richard Delgado, Jean Stefancic

William & Mary Law Review

No abstract provided.

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Rico's Latest Victim—Social Protest, Bruce Ledewitz Feb 1994

Rico's Latest Victim—Social Protest, Bruce Ledewitz

Ledewitz Papers

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

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Class, Personality, Contract, And Unconscionability, Jeffrey L. Harrison Feb 1994

Class, Personality, Contract, And Unconscionability, Jeffrey L. Harrison

William & Mary Law Review

No abstract provided.

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The National Flood Insurance Program: Unattained Purposes, Liability In Contract, And Takings, Charles T. Griffith Feb 1994

The National Flood Insurance Program: Unattained Purposes, Liability In Contract, And Takings, Charles T. Griffith

William & Mary Law Review

No abstract provided.

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Dna Fingerprinting: The Virginia Approach, James P. O'Brien Jr. Feb 1994

Dna Fingerprinting: The Virginia Approach, James P. O'Brien Jr.

William & Mary Law Review

No abstract provided.

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What's Really Wrong With The Supreme Court Of Pennsylvania, Bruce Ledewitz Jan 1994

What's Really Wrong With The Supreme Court Of Pennsylvania, Bruce Ledewitz

Ledewitz Papers

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

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Mid-Atlantic Ethics Committee Newsletter, Winter 1994 Jan 1994

Mid-Atlantic Ethics Committee Newsletter, Winter 1994

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

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The Nova Southeastern Lawyer, 1994, Volume 8, Number 1, Nova University - Shepard Broad Law Center Jan 1994

The Nova Southeastern Lawyer, 1994, Volume 8, Number 1, Nova University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.

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A Survey Of Tennessee Supreme Court Death Penalty Cases In The 1990s, Penny White Jan 1994

A Survey Of Tennessee Supreme Court Death Penalty Cases In The 1990s, Penny White

Scholarly Works

No abstract provided.

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The Role Of Lower State Courts In Adapting State Law To Changed Federal Interpretations, Bruce Ledewitz Jan 1994

The Role Of Lower State Courts In Adapting State Law To Changed Federal Interpretations, Bruce Ledewitz

Ledewitz Papers

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

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Sacred Cows And Workhorses: The Sale Of Accounts And Chattel Paper Under The U.C.C. And The Effects Of Violating A Fundamental Drafting Principle, Thomas E. Plank Jan 1994

Sacred Cows And Workhorses: The Sale Of Accounts And Chattel Paper Under The U.C.C. And The Effects Of Violating A Fundamental Drafting Principle, Thomas E. Plank

Scholarly Works

No abstract provided.

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The Right To Keep And Bear Arms Under The Tennessee Constitution: A Case Study In Civic Republican Thought, Glenn Harlan Reynolds Jan 1994

The Right To Keep And Bear Arms Under The Tennessee Constitution: A Case Study In Civic Republican Thought, Glenn Harlan Reynolds

Scholarly Works

State constitutional rights to arms are of considerable interest, both for their own sake and as sources of insight into the meaning of the Federal Constitution's right to keep and bear arms. This article examines the origins and scope of the right to arms provided in the Tennessee Constitution, including Tennessee cases that, interestingly, were cited as authority by the United States Supreme Court in the 1939 case of United States v. Miller, one of the Supreme Court's few cases to address Second Amendment issues in any depth.

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High Speed Ground Transportation Systems: A Future Component Of America's Intermodal Network?, Brian Krumm Jan 1994

High Speed Ground Transportation Systems: A Future Component Of America's Intermodal Network?, Brian Krumm

Scholarly Works

This article provides an overview of what appears to be a major change in national transportation policy of the United States. It focuses on the legislative efforts to integrate high speed ground transportation' (HSGT) systems into the intermodal mix of methods of moving people throughout the country. In order to put this developing policy within its proper perspective; the status of high speed ground transportation in the United States will be compared to developments in Europe and Japan. This will be followed by a discussion of the policy objectives of the Intermodal Transportation Efficiency Act of 19912 (ISTEA), legislation which …

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Symposium On Law, Literature, And The Humanities. Introduction: Conducting Our Educations In Public, Thomas D. Eisele Jan 1994

Symposium On Law, Literature, And The Humanities. Introduction: Conducting Our Educations In Public, Thomas D. Eisele

Faculty Articles and Other Publications

This symposium grew out of James Boyd White's Marx Lecture, given April 21, 1994, at the University of Cincinnati, and this issue owes its existence to some happy coincidences with that event. One coincidence was the idea occurring to a number of us that, as nice as it would be to publish Professor White's thoughts on the Crito in these pages of the Law Review, how much nicer still it would be to surround those thoughts, or to follow them, with the thoughts of other scholars in the field, showing how these others responded to the text discussed by White …

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The Problem Of Theory In Poethics, Lewis H. Larue Jan 1994

The Problem Of Theory In Poethics, Lewis H. Larue

Scholarly Articles

Not available.

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Legislative Comment: The Omnibus Space Commercialization Act Of 1993, Glenn Harlan Reynolds Jan 1994

Legislative Comment: The Omnibus Space Commercialization Act Of 1993, Glenn Harlan Reynolds

Scholarly Works

No abstract provided.

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The Criminal Defense Attorney, Ethics And Maintaining Client Confidentiality: A Proposal To Amend Rule 1.6 Of The Model Rules Of Professional Conduct, David Rosenthal Jan 1994

The Criminal Defense Attorney, Ethics And Maintaining Client Confidentiality: A Proposal To Amend Rule 1.6 Of The Model Rules Of Professional Conduct, David Rosenthal

St. Thomas Law Review

This Essay asserts that the Model Rules do not sufficiently address the unique problems that criminal defense attorneys face, especially in this scenario. Although the authoritative measure of the Model Rules is found within the text of each individual rule, any "bright-line" solution to the problem is obscured when the Preamble and Scope are read in conjunction with the text of Model Rule 1.6. To resolve this dilemma, this Essay proposes an amendment to Model Rule 1.6 that seeks to effectively address the relevant concerns of the presented scenario. According to the proposed amendment, the attorney's solution is mandated by …

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Difference And Distrust In Asylum Law: Haitian And Holocaust Refugee Narratives, Peter Margulies Jan 1994

Difference And Distrust In Asylum Law: Haitian And Holocaust Refugee Narratives, Peter Margulies

St. Thomas Law Review

This Essay briefly examines three elements of Haitian and Holocaust refugee narratives which inspire disbelief. The first is the process of flight itself, along with its corollary, hiding. The second involves refugee denial of the threat of persecution, or of political involvement. The third concerns refugee deception at the time of entry into the United States. I argue that each of these categories creates a mismatch between refugee experience and the adversary system. The locus of disbelief of both Haitian and Holocaust refugees lies in the classic liberal tradition of negative rights, with its limited role for government, its rigid …

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The Aftermath Of Johnson V. Calvert: Surrogacy Law Reflects A More Liberal View Of Reproductive, Eric A. Gordon Jan 1994

The Aftermath Of Johnson V. Calvert: Surrogacy Law Reflects A More Liberal View Of Reproductive, Eric A. Gordon

St. Thomas Law Review

This Comment will discuss why the decision in Johnson should be viewed as a basis for future surrogacy decisions, not as an aberration of the law, and should elicit commentary and proposals by state legislatures in an effort to avoid future, similar disputes. First, this Comment will examine the Johnson decision and its effect on California surrogacy law. In so doing, it will briefly examine the history of surrogacy law in this country, relating this case to other surrogacy cases in recent years. This Comment will also examine the current surrogacy law in California as well as its proposed surrogacy …

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Despite Anti-Stalking Laws, Stalkers Continue To Stalk: Are These Laws Constitutional And Effective, Lisa I. Steinman Jan 1994

Despite Anti-Stalking Laws, Stalkers Continue To Stalk: Are These Laws Constitutional And Effective, Lisa I. Steinman

St. Thomas Law Review

This Note evaluates the national stalking laws, examines Florida's current anti-stalking law, and develops appropriate direction for the state anti-stalking statutes in the future. Part II describes four case histories. Part III discusses the federal legislation to stop stalking. Part IV discusses the Florida anti-stalking law, its constitutionality, and compares it to the stalking laws of the other states. Part V discusses the effectiveness of the Florida stalking law. Part VI discusses present and future alternatives to these anti-stalking statutes. Part VII contains a proposal of a model statute providing lawmakers with an example of a constitutional and effective law …

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Economic Sanctions And Economic Strategies: Toward Haiti's Integration Into The World Economy, Douglas E. Matthews Jan 1994

Economic Sanctions And Economic Strategies: Toward Haiti's Integration Into The World Economy, Douglas E. Matthews

St. Thomas Law Review

Part I briefly outlines various United States non-military policy options, with particular focus on economic sanctions, to effect peaceful change within the de facto Haitian government that is emerging from the coup. The imposition of such sanctions seeks to achieve the explicit foreign policy objective of effectuating the eventual return to Haiti of President Aristide. As discussed in this Article, however, the implicit message communicated by the economic sanctions may not be lost on other potential autocrats in the hemisphere. Part II addresses the prospects for Haiti's economic development subsequent to the lifting of the present trade embargo, and includes …

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Under The Influence: Responses Of The New Jersey Supreme Court To Drunk Driving Cases--A Study Of Management Influence On Judicial Decisions, Martin L. Haines Jan 1994

Under The Influence: Responses Of The New Jersey Supreme Court To Drunk Driving Cases--A Study Of Management Influence On Judicial Decisions, Martin L. Haines

St. Thomas Law Review

This Article is not written in defense of drunk drivers - they have no defense. It is written in defense of due process, which the courts, by constitutional mandate, must provide to al defendants including drunk drivers. It is a mandate the New Jersey Supreme Court has ignored, thereby encouraging the appearance of an over-eagerness to convict. Too often, the court has curtailed the liberties of DWI defendants, speeding convictions, and therefore dispositions, to further the demands of efficiency.

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Towards The Deconstruction Of Legal Relativism, Philip E. Hesch, Christopher J. Grabarek Jan 1994

Towards The Deconstruction Of Legal Relativism, Philip E. Hesch, Christopher J. Grabarek

St. Thomas Law Review

The purpose of this Article is to examine the Relativist's position, extract the positive elements, and synthesize those elements into a new model of jurisprudence grounded in natural law. Out of this will flow a conceptual framework that allows both reason and empirical observations to be used in evaluating competing "moral" or legal postulates. Part Two of this Article focuses on how crises in science and metaphysics, which are similar to the current conceptual crisis in jurisprudence, were reconciled. Part Three outlines a new model of jurisprudence based on the insights detailed in Part One.

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Regulating The Airwaves: The Governmental Alternative To Avoid The Cellular Uncertainty On Privacy And The Attorney-Client Privilege, Jose L. Nunez Jan 1994

Regulating The Airwaves: The Governmental Alternative To Avoid The Cellular Uncertainty On Privacy And The Attorney-Client Privilege, Jose L. Nunez

St. Thomas Law Review

This Comment will analyze the federal government's latest attempts to assure privacy and order in wireless communication in an effort to avoid the uncertainty prevalent during the early days of cellular telephony. First, Part II will examine the history behind present legislation designed to afford privacy to wireless communications. Part I will describe the judicial interpretation of this legislation. Part IV will then discuss the attorney-client privilege in the context of wireless communications. Finally, Part V will analyze the available options to assure privacy with an emphasis on a standard encryption code promoted by the government.

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Front Matter Jan 1994

Front Matter

St. Thomas Law Review

Front Matter includes Masthead, advisors, and Table of Contents for St. Thomas Law Review Volume 7, Issue 1, Fall 1994.

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