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Articles 322051 - 322080 of 546005

Full-Text Articles in Law

Sobriety Test: The Court Walks The Central Hudson Line Once Again In 44 Liquormart, But Passes On A New First Amendment Review, Aaron A. Schmoll May 1998

Sobriety Test: The Court Walks The Central Hudson Line Once Again In 44 Liquormart, But Passes On A New First Amendment Review, Aaron A. Schmoll

Federal Communications Law Journal

In 1980 the Supreme Court decided Central Hudson and, in so doing, articulated the parameters of the modern commercial speech doctrine. In providing a four-part test to determine the validity of government efforts to restrict commercial speech, the Court engaged in "intermediate scrutiny" and created the expectation among free speech advocates that the Court was finally ready to provide higher measure of constitutional protection to commercial speech. In the nearly fifteen years after Central Hudson, these advocates have been disappointed as the Court has inconsistently weighed the factors that comprise the test. The opportunity to adopt a less- manipulative …

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Understanding Chinese-U.S. Conflict Over Freedom Of Religion: The Wolf-Specter Freedom From Religious Persecution Acts Of 1997 And 1998, Darin W. Carlson May 1998

Understanding Chinese-U.S. Conflict Over Freedom Of Religion: The Wolf-Specter Freedom From Religious Persecution Acts Of 1997 And 1998, Darin W. Carlson

BYU Law Review

No abstract provided.

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Masthead Vol.50 No.3 (1998) May 1998

Masthead Vol.50 No.3 (1998)

Federal Communications Law Journal

No abstract provided.

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Cross-Examining Children In A Productive Manner Under Georgia's Child Hearsay Law, Margaret Ann Shannon May 1998

Cross-Examining Children In A Productive Manner Under Georgia's Child Hearsay Law, Margaret Ann Shannon

Georgia State University Law Review

No abstract provided.

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Researching Georgia Law (1998 Edition), Nancy P. Johnson, Nancy Adams Deel May 1998

Researching Georgia Law (1998 Edition), Nancy P. Johnson, Nancy Adams Deel

Georgia State University Law Review

No abstract provided.

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Trust Administration In Georgia And The Prudent Investor Rule: May Trustees Delegate Their Investment Powers?, Stephen M. Dickson May 1998

Trust Administration In Georgia And The Prudent Investor Rule: May Trustees Delegate Their Investment Powers?, Stephen M. Dickson

Georgia State University Law Review

No abstract provided.

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Achieving Consensus On Defective Product Design , James A. Henderson Jr., Aaron D. Twerski May 1998

Achieving Consensus On Defective Product Design , James A. Henderson Jr., Aaron D. Twerski

Cornell Law Review

No abstract provided.

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Withering Doctrine Of Ex Parte Young , Nathan C. Thomas May 1998

Withering Doctrine Of Ex Parte Young , Nathan C. Thomas

Cornell Law Review

No abstract provided.

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Aesthetic Funtionality Doctrine And The Law Of Trade-Dress Protection , Mitchell M. Wong May 1998

Aesthetic Funtionality Doctrine And The Law Of Trade-Dress Protection , Mitchell M. Wong

Cornell Law Review

No abstract provided.

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Research To Practice: Grant Development And Decision-Making: Comparison Of Funding Agencies And Community-Based Minority Organizations, Institute For Community Inclusion, University Of Massachusetts Boston May 1998

Research To Practice: Grant Development And Decision-Making: Comparison Of Funding Agencies And Community-Based Minority Organizations, Institute For Community Inclusion, University Of Massachusetts Boston

Research to Practice Series, Institute for Community Inclusion

This report compares the perspectives of government funding agencies and community-based minority organizations on grant development and decision-making, and gives recommendations on how these groups can work together effectively to fund disability programs.

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Tools For Inclusion: The Americans With Disabilities Act: General Overview, Karen Zimbrich May 1998

Tools For Inclusion: The Americans With Disabilities Act: General Overview, Karen Zimbrich

Tools for Inclusion Series, Institute for Community Inclusion

Brief overview of the concepts and scope of the Americans with Disabilities Act, plus resource lists.

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The Process And The Product: A Bibliography Of Scholarship About Legal Scholarship, Mary Beth Beazley, Linda H. Edwards May 1998

The Process And The Product: A Bibliography Of Scholarship About Legal Scholarship, Mary Beth Beazley, Linda H. Edwards

Mercer Law Review

This bibliography of scholarship about legal scholarship was originally prepared for the 1997 Conference of the Association of Legal Writing Directors. The Conference explored the rapidly developing area of scholarship by legal writing professors and the ways in which this important scholarship can be encouraged. Characteristically, when writing teachers turn their attention to a particular kind of writing the genre employs-that is, the process and the product. This bibliography is one result of that study. We hope that it will prove helpful to anyone interested in legal scholarship, especially to law faculty in the early stages of their scholarly careers. …

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Kansas V. Hendricks: Fighting For Children On The Slippery Slope, Michael L. Atlee May 1998

Kansas V. Hendricks: Fighting For Children On The Slippery Slope, Michael L. Atlee

Mercer Law Review

In Kansas v. Hendricks, the United States Supreme Court determined the constitutionality of a civil commitment statute that provides for possible indefinite confinement of sex offenders who are near the end of their prison sentences and who pose a threat to society and suffer from a "mental abnormality." In a five to four decision, the Court reversed the Kansas Supreme Court and upheld Kansas's Sexually Violent Predator Act ("SVPA"). In doing so, the Court declared the act nonpenal and rejected due process, double jeopardy, and ex post facto challenges.

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Rough Terrain Ahead: A New Course For Racial Preference Programs, Jeremy Moeser May 1998

Rough Terrain Ahead: A New Course For Racial Preference Programs, Jeremy Moeser

Mercer Law Review

Debate over affirmative action has dominated recent legislative and court agendas. In November 1996, for example, fifty-four percent of California voters approved a referendum, Proposition 209, which eliminated preference programs in state and local government for minorities and women. Similarly, in 1995 the Board of Regents of the University of California system ended affirmative action in California's public universities. This phenomenon, however, has not limited itself to California. The Court of Appeals for the Fifth Circuit, in Hopwood v. Texas, held that the University of Texas School of Law's admissions program, which gave preference to African-Americans and Mexican- Americans, …

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Achieving Consensus On Defective Product Design, James A. Henderson Jr., Aaron Twerski May 1998

Achieving Consensus On Defective Product Design, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

No abstract provided.

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The Enforcement Of Prisoners’ Rights In The United States: An Access To The Courts Issue, Roberta M. Harding May 1998

The Enforcement Of Prisoners’ Rights In The United States: An Access To The Courts Issue, Roberta M. Harding

Law Faculty Scholarly Articles

This article examines how the development and status of the rights of incarcerated people is significantly effected by their ability to access the judiciary; specifically the federal judicial system. The relatively recent explosion in the American prison population provided the impetus for researching this topic. The objective was to examine whether this tremendous rise in the number of people incarcerated in U.S. penal facilities had impacted the posture of the rights afforded to these individuals. One conclusion reached was that the rise in the prison population had harshly eroded the right of access to the courts. The exploration of the …

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The Constitution In Congress: Jefferson And The West, 1801-1809, David P. Currie May 1998

The Constitution In Congress: Jefferson And The West, 1801-1809, David P. Currie

William & Mary Law Review

No abstract provided.

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Changing Times, Changing Crimes: The Criminal's Newest Weapon And The U.S.'S Response, George J. Moscarino, Michael R. Shumaker May 1998

Changing Times, Changing Crimes: The Criminal's Newest Weapon And The U.S.'S Response, George J. Moscarino, Michael R. Shumaker

Penn State International Law Review (1982 - 2011)

No abstract provided.

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George And Claudine Pletcher Senior Scholarship Award 1994/95–1997/98, Notre Dame Law School May 1998

George And Claudine Pletcher Senior Scholarship Award 1994/95–1997/98, Notre Dame Law School

Student, Faculty, and Staff Awards

The George and Claudine Pletcher Senior Scholarship Award, 1994/95–1997/98.

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Character, Conscience, And Destiny, G. Gordon Liddy May 1998

Character, Conscience, And Destiny, G. Gordon Liddy

Michigan Law Review

In authoring the definitive biography of Archibald Cox, Professor Ken Gormley has also favored us with a study of character, its formation, and its effect upon history. What is more, he has demonstrated once again that while events may present men with opportunity, men make history and not vice versa. Into the bargain, Mr. Gormley offers yet more proof of the correctness of Heraclitus's dictum, "character is destiny." As the author is human, the book has its faults. They range from the mere erroneous use of language (misusing "smells" for "odors" (pp. 59, 307), misusing "anxious" for "eager" (p. 46), …

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Traditional Values, Governmental Values, And Religious Conflict In Contemporary India, Robert D. Baird May 1998

Traditional Values, Governmental Values, And Religious Conflict In Contemporary India, Robert D. Baird

BYU Law Review

No abstract provided.

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Biting The Hand That Feeds Them-State Prisons And The Ada: Responding To Amos V. Maryland Department Of Public Safety & Correctional Services, Jennifer L. Lange May 1998

Biting The Hand That Feeds Them-State Prisons And The Ada: Responding To Amos V. Maryland Department Of Public Safety & Correctional Services, Jennifer L. Lange

BYU Law Review

No abstract provided.

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Publish Or Perish: Judging An Article By Its Cover Revisited, Leonard B. Mandell May 1998

Publish Or Perish: Judging An Article By Its Cover Revisited, Leonard B. Mandell

Northern Illinois University Law Review

This piece revisits the often amusing art of choosing a title for a law review article. Several examples are provided to demonstrate the gaps in creating the essence of a good title. The article's stance is that you stand a better chance of being accepted for publication if you take amusing twists to your title.

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Nozick: A Utilitarian Reformulation, Mark S. Stein May 1998

Nozick: A Utilitarian Reformulation, Mark S. Stein

Northern Illinois University Law Review

This essay discusses the means by which Nozick implicitly denies the conclusion that redistribution increases aggregate well-being. The author attempts to show how Nozick exaggerates the burden that redistribution places on the rich. Moreover, an attempt is made to show Nozick minimizes the needs of the poor, and further minimizes the suffering his system could cause. Finally, the author compares Nozick's implicit utilitarian arguments against redistribution with Jeremy Bentham's explicit reservations about redistribution.

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Vol. 18, No. 2, Spring 1998: Table Of Contents, Northern Illinois University Law Review May 1998

Vol. 18, No. 2, Spring 1998: Table Of Contents, Northern Illinois University Law Review

Northern Illinois University Law Review

No abstract provided.

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Caring For Justice, Reviewing Robin West, Michael T. Cahill May 1998

Caring For Justice, Reviewing Robin West, Michael T. Cahill

Faculty Scholarship

No abstract provided.

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Closing The Circle: Taxing Business Transformations, Daniel M. Schneider May 1998

Closing The Circle: Taxing Business Transformations, Daniel M. Schneider

Louisiana Law Review

No abstract provided.

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A Return To States' Rights? The Rehnquist Court Revives Federalism, Melanie K. St. Clair May 1998

A Return To States' Rights? The Rehnquist Court Revives Federalism, Melanie K. St. Clair

Northern Illinois University Law Review

This comment examines three decisions of the 1997 Supreme Court Term in which the Court invalidated Federal laws: Printz v. United States, City of Boerne v. Flores, and Reno v. ACLU. This comment looks for a unifying trend in the decisions in an effort to determine if the Court is moving in a new philosophical direction. The author suggests that the decisions do signal a renewed commitment to States' rights and federalism. Further, the decisions reveal the Court's antagonism toward the largess and enlarged scope of Congress. The author suggests that the decisions are an attempt by the Court to …

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Irreconcilable Principles: Law, Politics, And The Illinois Supreme Court, Jackson Williams May 1998

Irreconcilable Principles: Law, Politics, And The Illinois Supreme Court, Jackson Williams

Northern Illinois University Law Review

This article attempts to evaluate the recent criticisms of the political structure of the Illinois Supreme Court. The author examines the electoral and legal systems that usually come into potential conflicts. The goal of the article is to illustrate some important issues in the environment free from the sensationalism of press accounts and the emotionalism of political attacks, and provoke a sensible debate among the State's bar, legislators, and public about how the perception of a "political" court impacts on Illinois' legal system.

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No Longer Free To Offend: Involuntary Civil Commitment Statutes For Sexual Predators Create The Basis For A Uniform Act, Lisa A. Wilson May 1998

No Longer Free To Offend: Involuntary Civil Commitment Statutes For Sexual Predators Create The Basis For A Uniform Act, Lisa A. Wilson

Northern Illinois University Law Review

This comment examines the progression of involuntary civil commitment statutes for repeat sex offenders beginning in the 1930's and moving into the 1990's in terms of statutory changes and improvements. This comment also illustrates why these involuntary commitment statutes are the best solution to curb sexual predation with an eye towards the ultimate protection of the public. Finally, this comment stresses the need for a uniform act designed to incorporate those aspects of the currently existing sex predator statutes which best protect the community from repeat sex offenders.

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