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Articles 1 - 19 of 19
Full-Text Articles in Law
Facilitating Race-Conscious Targeted Purchasing Programs In The Shadow Of The Trump Judiciary, Daniel Choma
Facilitating Race-Conscious Targeted Purchasing Programs In The Shadow Of The Trump Judiciary, Daniel Choma
Mitchell Hamline Law Review
No abstract provided.
Countermajoritarian Criminal Law, Michael L. Smith
Countermajoritarian Criminal Law, Michael L. Smith
Pace Law Review
Criminal law pervades American society, subjecting millions to criminal enforcement, prosecution, and punishment every year. All too often, culpability is a minimal or nonexistent aspect of this phenomenon. Criminal law prohibits a wide range of common behaviors and practices, especially when one considers the various federal, state, and municipal levels of law restricting people’s actions. Recent scholarship has criticized not only the scope and impact of these laws but has also critiqued these laws out to the extent that they fail to live up to supermajoritarian ideals that underlie criminal justice.
This Article adds to and amplifies this criticism by …
Municipal Optimization Of Short-Term Rental Regulations: The Reality Of Airbnb In South Texas Communities, Kenneth M. Culbreth Iii
Municipal Optimization Of Short-Term Rental Regulations: The Reality Of Airbnb In South Texas Communities, Kenneth M. Culbreth Iii
St. Mary's Law Journal
Abstract forthcoming.
Is Israel A Democratic State Which Preserves International Law As A Law? International Law As Criterion For The Practice Of Democracy, Medwis Fallah Al-Rashidi
Is Israel A Democratic State Which Preserves International Law As A Law? International Law As Criterion For The Practice Of Democracy, Medwis Fallah Al-Rashidi
UAEU Law Journal
At this stage of internationalsocialdevelopment, the answer to the aforementioned question cannot be provided solely by municipallaw. Internationallawand its rules must provide some of the answers. Some of these rules, which have been adopted from municipallaw, namely "the principle of democracy", which is one of generalprinciples oflawhas been embodied in Article 38 of the ICJ's Statute as a source of internationallaw.
The principle of democracy, as a generalprinciple oflaw, has the same implication and application in the two systems of municipaland internationallaw. The preservation of the principle of democracy in one system by a state leads inevitably to the preservation …
The Power Of Prevention: The Extent Of Environmental Authority In The Context Of Local Government, Colleen Thrasher, Jeremy Power
The Power Of Prevention: The Extent Of Environmental Authority In The Context Of Local Government, Colleen Thrasher, Jeremy Power
Dalhousie Journal of Legal Studies
This article attempts to delineate the scope of a municipality’s legal power within the realm of environmental management. Part one of this article looks at the legal position of a municipal government in the Canadian constitutional framework. The authors note that municipalities are creatures of statute and their available powers are tightly prescribed by legislation. Part two of this article is a case study of the City of Toronto's efforts to manage pollution in the Great Lake region, particularly with respect to Lake Ontario. Despite the limits to a municipality’s power, the authors argue that many effective pollution prevention strategies …
The Device Of Fiction In Public International Law, Jean J. A. Salmon
The Device Of Fiction In Public International Law, Jean J. A. Salmon
Georgia Journal of International & Comparative Law
No abstract provided.
Paws Up, Don't Shoot: Preventing Officer-Involved Shootings Of Companion Canines, Elizabeth Olsen
Paws Up, Don't Shoot: Preventing Officer-Involved Shootings Of Companion Canines, Elizabeth Olsen
Animal Law Review
This Article discusses situations in which an officer has shot a companion canine, and evaluates the efficacy of the different potential civil claims that an owner may have against the individual officer, his supervisor, the department, or the municipality. It then goes on to suggest that the relief granted, even for successful claims, is insufficient to alter municipal policies governing officer’s interactions with canines because such relief is typically retrospective in nature. Additionally, this Article discusses the serious problems that arise in relying on civil litigation as a mechanism for addressing officer-involved canine companion shootings because of the status of …
Ohio Supreme Court Symposium
Akron Law Review
During the 1981-1982 term the Ohio Supreme Court rendered 250 written opinions on a wide range of topics from wiretapping to the liability of landlords for injuries. In several cases, individuals gained significant legal rights in dealing with business and others. In addition, there were some significant changes in the law governing municipal sovereignty and immunity. This symposium will not attempt to cover all decisions of the Ohio Supreme Court, but rather to highlight some of the major decisions which affect Ohioans.
Power Of Municipal Corporations To Lay Off Employees, Atwood V. Judge, Warren R. Ross
Power Of Municipal Corporations To Lay Off Employees, Atwood V. Judge, Warren R. Ross
Akron Law Review
At a time when the future of the American economy appears bleak, and the necessity to curtail vital urban services becomes commonplace in our cities, the significance of the decision rendered by the Ohio Court of Appeals for Columbiana County in Atwood v. Judge' deserves to be noted. The tension between the public interest in maintaining vital services within the community and the state mandate' that a city operate within its budget is not satisfactorily resolved by the court.
Sovereign Immunity For Political Subdivisions, Kathy Sue Magoline
Sovereign Immunity For Political Subdivisions, Kathy Sue Magoline
Akron Law Review
The Ohio Supreme Court continued in 1983 to expand and define its abrogation of the doctrine of sovereign immunity for municipal corporations and political subdivisions. The court's decisions in this area have resulted in a significant increase in tort liability for local governments and school districts, who may now be found liable for tortious acts in the same manner as private individuals.
The Exculpatory Effect Of Self-Defense In State Responsibility, Gamal Moursi Badr
The Exculpatory Effect Of Self-Defense In State Responsibility, Gamal Moursi Badr
Georgia Journal of International & Comparative Law
No abstract provided.
Treading Water: Can Municipal Efforts To Condemn Underwater Mortgages Prevail?, Michael S. Moskowitz
Treading Water: Can Municipal Efforts To Condemn Underwater Mortgages Prevail?, Michael S. Moskowitz
Pepperdine Law Review
No abstract provided.
Municipal And State Sanctuary Declarations: Innocuous Symbolism Or Improper Dictates?, Jorge L. Carro
Municipal And State Sanctuary Declarations: Innocuous Symbolism Or Improper Dictates?, Jorge L. Carro
Pepperdine Law Review
No abstract provided.
A Policy Analysis Of The American Law Of Foreign State Immunity, Thomas H. Hill
A Policy Analysis Of The American Law Of Foreign State Immunity, Thomas H. Hill
Fordham Law Review
No abstract provided.
The Role Of International Law In The World Community, John H. Spencer
The Role Of International Law In The World Community, John H. Spencer
International Law Studies
No abstract provided.
A Survey Of The Literature Of Military Law -- A Selective Bibliography, William C. Mott, John E. Hartnett Jr., Kenneth B. Morton
A Survey Of The Literature Of Military Law -- A Selective Bibliography, William C. Mott, John E. Hartnett Jr., Kenneth B. Morton
Vanderbilt Law Review
In this article the authors attempt to set out, within the space allotted to them, a consideration of the significant writings in the field of American military law --as they understand the term. Apparently, no similar attempt to construct such a bibliography has heretofore been made. To begin with, a definition of terms is important. Military law, in a broad sense, may be said to include martial law, military government, the law of war, and military justice. For purposes of this article, military law is the exercise of military jurisdiction "by a government in the execution of that branch of …
International Law-Immunity Of United Nations Representative From Jurisdiction Of Municipal Courts, William C. Gordon
International Law-Immunity Of United Nations Representative From Jurisdiction Of Municipal Courts, William C. Gordon
Michigan Law Review
An action for separate maintenance was initiated in a New York court against China's permanent representative to the United Nations, who appeared specially and moved to set aside the service of summons on the ground of diplomatic immunity. Exemption from suit was claimed under the Headquarters Agreement between the United States and the United Nations, which granted certain resident representatives of member states diplomatic privileges and immunities. Held, defendant was entitled to diplomatic immunity and service of summons should be set aside. Tsiang v. Tsiang, 86 N.Y.S. (2d) 556 (1949).
New Probation Law Of Michigan, Charles B. Collingwood
New Probation Law Of Michigan, Charles B. Collingwood
Michigan Law Review
Nothing connected with the work of a circuit judge demands more thoughtful consideration or occasions him more anxiety than the punishment to be meted out to the men and women who have violated the laws of the state. In almost every other matter there is an opportunity for review by an appellate court. Where litigants differ widely from the decision of the circuit court it is altogether likely that there will be an appeal and the matter will be finally adjudicated by another court. But from the sentence given to one who has plead guilty, or has been found guilty …
Constitutional And Legislative Limitations Of The Home Rule Charter In Minnesota, Charles P. Hall
Constitutional And Legislative Limitations Of The Home Rule Charter In Minnesota, Charles P. Hall
Michigan Law Review
I regret exceedingly that I am not able, in the scope of these observations, to include all the states of the American Union, where the home-rule charters have been permitted as a method of city government; but unfortunately my vision has not passed beyond the horizon of my own state, and the workings of the homerule system in other states must be left as a subject for future study and comparison. With pardonable pride, however, it may be said that the State of Minnesota, while she has erred with her sister commonwealths in experimental over-legislation, has nevertheless recently placed upon …