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Articles 1 - 30 of 33
Full-Text Articles in Law
The Evolution Of The National Court Of Appeals Controversy: An Emerging Negative Consensus?, James A. Gazell
The Evolution Of The National Court Of Appeals Controversy: An Emerging Negative Consensus?, James A. Gazell
Northern Illinois University Law Review
An examination of the debate concerning the creation of a National Court of Appeals. A consensus has emerged which rejects the proposal as premature and unnecessary. Thus, the Supreme Court may have to look to other means in order to ease the burden of its caseload.
The Decency Of Capital Punishment For Minors: Contemporary Standards And The Dignity Of Juveniles, Lawrence A. Vanore
The Decency Of Capital Punishment For Minors: Contemporary Standards And The Dignity Of Juveniles, Lawrence A. Vanore
Indiana Law Journal
No abstract provided.
A Moment Of Silence: A Permissible Accommodation Protecting The Capacity To Form Religious Belief, Andrew Woodbridge Hall
A Moment Of Silence: A Permissible Accommodation Protecting The Capacity To Form Religious Belief, Andrew Woodbridge Hall
Indiana Law Journal
No abstract provided.
Patient Coercion By Hospitals: A Comparison Of Antitrust Standards In Hyde And Rumple, Cindy L. Porter
Patient Coercion By Hospitals: A Comparison Of Antitrust Standards In Hyde And Rumple, Cindy L. Porter
Indiana Law Journal
No abstract provided.
Letter From Peter J. Wallison To President Reagan Regarding Questions To Ask Rehnquist And Scalia [1986], Peter J. Wallison
Letter From Peter J. Wallison To President Reagan Regarding Questions To Ask Rehnquist And Scalia [1986], Peter J. Wallison
Historical and Topical Legal Documents
No abstract provided.
Memo From Peter J. Wallison To President Reagan Regarding Rehnquist And Scalia [1986], Peter J. Wallison
Memo From Peter J. Wallison To President Reagan Regarding Rehnquist And Scalia [1986], Peter J. Wallison
Historical and Topical Legal Documents
No abstract provided.
Raul Memorandum Regarding Antonin Scalia, Alan Charles Raul
Raul Memorandum Regarding Antonin Scalia, Alan Charles Raul
Historical and Topical Legal Documents
No abstract provided.
The Arizona Solution To Allocation And Use Of Groundwater, Betsy Rieke
The Arizona Solution To Allocation And Use Of Groundwater, Betsy Rieke
Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)
48 pages.
Augmenting Municipal Water Supplies Through Agricultural Water Conservation, David Engels
Augmenting Municipal Water Supplies Through Agricultural Water Conservation, David Engels
Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)
38 pages (includes maps).
Harper & Row, Publishers V. Nation Enterprises - Rewriting The Fair Use Criteria?, Douglas B. Teaney
Harper & Row, Publishers V. Nation Enterprises - Rewriting The Fair Use Criteria?, Douglas B. Teaney
Northern Illinois University Law Review
An examination of the Supreme Court's first detailed discussion of the doctrine offair use in copyright law as embodied in the Copyright Revision Act of 1976. Particular attention is given to the Court's innovative analysis of fair use factors.
Compensating Manufacturers Submitting Health And Safety Data To Support Product Registrations After Ruckelshaus V. Monsanto, Eric E. Boyd
Compensating Manufacturers Submitting Health And Safety Data To Support Product Registrations After Ruckelshaus V. Monsanto, Eric E. Boyd
Indiana Law Journal
No abstract provided.
State Campaign Finance Schemes And Equal Protection, John M. Hamilton
State Campaign Finance Schemes And Equal Protection, John M. Hamilton
Indiana Law Journal
No abstract provided.
Recent Developments: United States, Petitioner V. American Bar Endowment Et Al.: Supreme Court Finds Charitable Organization's Insurance Program Taxable, Barbara E. Wixon
Recent Developments: United States, Petitioner V. American Bar Endowment Et Al.: Supreme Court Finds Charitable Organization's Insurance Program Taxable, Barbara E. Wixon
University of Baltimore Law Forum
No abstract provided.
Filling In The Gap Left By Congress: What Is The Statute Of Limitations For Private Rico Claims?, Barbara Black
Filling In The Gap Left By Congress: What Is The Statute Of Limitations For Private Rico Claims?, Barbara Black
Faculty Articles and Other Publications
In increasing number, victims of business fraud are bringing lawsuits under the Racketeer Influenced and Corrupt Organizations Act (RICO). Since the statute does not set out a time limit for bringing suit, the courts must determine the appropriate statute of limitations. Malley-Duff & Associates, Inc. v. Crown Life Insurance Co. illustrates the difficulties Congress creates for the courts when it fails to provide a limitations period. RICO makes it illegal to engage in a "pattern of racketeering activity" for certain illegal purposes. A "pattern of racketeering activity" consists of at least two acts of "racketeering activity" within a ten-year period. …
Book Review: The Constitution In The Supreme Court: The First Hundred Years, 1789-1888., David S. Bogen
Book Review: The Constitution In The Supreme Court: The First Hundred Years, 1789-1888., David S. Bogen
Faculty Scholarship
No abstract provided.
The Secular Meaning Behind The Lemon Test: Lynch V. Donnelly
The Secular Meaning Behind The Lemon Test: Lynch V. Donnelly
Touro Law Review
No abstract provided.
Can Mental Health Professionals Predict Judicial Decisionmaking? Constitutional And Tort Liability Aspects Of The Right Of The Institutionalized Mentally Disabled To Refuse Treatment: On The Cutting Edge, Michael L. Perlin
Touro Law Review
No abstract provided.
Recent Developments: Macdonald V. Yolo County: The Supreme Court Reexamines The Concept Of Inverse Condemnation In Determining Whether An Unconstitutional Taking Without Compensation Has Occurred, Michael D. Mallinoff
Recent Developments: Macdonald V. Yolo County: The Supreme Court Reexamines The Concept Of Inverse Condemnation In Determining Whether An Unconstitutional Taking Without Compensation Has Occurred, Michael D. Mallinoff
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Posadas De Puerto Rico Associates V. Tourism Co. Of Puerto Rico: Supreme Court Upholds Constitutionality Of Regulations Restricting Advertising Aimed At Puerto Rico Residents, Eric P. Macdonell
University of Baltimore Law Forum
No abstract provided.
Criminal Evidence And The Ear Of The Law, Daniel H. Derby
Criminal Evidence And The Ear Of The Law, Daniel H. Derby
Scholarly Works
No abstract provided.
Interstate Commerce Commission V. American Trucking Associations, Inc.
Interstate Commerce Commission V. American Trucking Associations, Inc.
Touro Law Review
No abstract provided.
Government Nonacquiescence Case In Point: Social Security Litigation
Government Nonacquiescence Case In Point: Social Security Litigation
Touro Law Review
No abstract provided.
The Arbitrability Of Domestic Antitrust Claims: An Evaluation Of The American Safety Doctrine, Edward G. Heilig
The Arbitrability Of Domestic Antitrust Claims: An Evaluation Of The American Safety Doctrine, Edward G. Heilig
Touro Law Review
No abstract provided.
The Supreme Court And Freedom Of Expression From 1791 To 1917, Michael T. Gibson
The Supreme Court And Freedom Of Expression From 1791 To 1917, Michael T. Gibson
Fordham Law Review
No abstract provided.
Biographical Information Regarding Anthony Kennedy From White House Supreme Court Nominee Binder, Anonymous
Biographical Information Regarding Anthony Kennedy From White House Supreme Court Nominee Binder, Anonymous
Historical and Topical Legal Documents
No abstract provided.
Memorandum Regarding Robert Bork As A Possible Supreme Court Nominee [1986], Anonymous
Memorandum Regarding Robert Bork As A Possible Supreme Court Nominee [1986], Anonymous
Historical and Topical Legal Documents
No abstract provided.
Separation Of Political Powers: Boundaries Or Balance, Alan L. Feld
Separation Of Political Powers: Boundaries Or Balance, Alan L. Feld
Faculty Scholarship
One of the most significant structural elements of the United States Constitution divides the political power of the government between two discrete political institutions, the Congress and the President, in order to prevent concentration of the full power of the national government in one place. This governmental structure has posed a continuing dilemma of how to allow for the shared decisionmaking necessary to effective government while maintaining the independence of each political branch. As the United States Congress reaches its two hundredth anniversary, questions concerning the relationship between Congress and the President, for a substantial time thought by legal scholars …
Comment On Professor Van Alstyne's Paper, Henry P. Monaghan
Comment On Professor Van Alstyne's Paper, Henry P. Monaghan
Faculty Scholarship
My major difficulty with Professor Van Alstyne's paper is its incomplete character. In the end, he makes only two points: first, judges are authorized to apply "this Constitution," not to do justice; and second, judges should not lie about what they are doing. The danger is that after a while the first point sounds somewhat empty, while the actual content of the second point seems entirely parasitic on the first.
Curtiss-Wright Comes Home: Executive Power And National Security Secrecy, Harold Edgar, Benno C. Schmidt Jr.
Curtiss-Wright Comes Home: Executive Power And National Security Secrecy, Harold Edgar, Benno C. Schmidt Jr.
Faculty Scholarship
Collectively we face no greater challenge than maintaining sensible perspectives on national security issues. Central to this task is the need to achieve a tolerable balance between secrecy and openness in public debate on such issues. There are real threats to our nation, and we would be foolish to ignore them; history teaches that no culture is guaranteed survival. Yet, how to respond to such threats must be profoundly controversial. The virtue of liberal society is that it values highly the realization of private preferences; the sacrifice of those desires to attain another's vision of collective security will never be …
The Improper Use Of Presumptions In Recent Criminal Law Adjudication, Charles W. Collier
The Improper Use Of Presumptions In Recent Criminal Law Adjudication, Charles W. Collier
UF Law Faculty Publications
This note argues that, in developing the contemporary mandatory-permissive standard, the Supreme Court has misunderstood the effects of presumptions on juries. Presumptions that are ‘permissive’ in theory may nevertheless be ‘mandatory’ in fact, thereby leading some juries to convict regardless of their beliefs and inclinations. Thus, these legal presumptions may undermine the moral sense and political function of the jury.
Part I of this note shows, through doctrinal analysis, that the mandatory-permissive distinction is an anomaly in the Court's jurisprudence. Part II shows that this distinction is at variance with a substantial body of empirical social science research. This part …