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Articles 322111 - 322140 of 546004

Full-Text Articles in Law

Review Of What Are Freedoms For?, By John H. Garvey, Scott D. Pomfret May 1998

Review Of What Are Freedoms For?, By John H. Garvey, Scott D. Pomfret

Michigan Law Review

In 1988, Jeffrey Kendall and Barbara Zeitler Kendall were married. Though Jeffrey was Catholic at the time and Barbara was Jewish, the couple agreed to raise their children in Barbara's faith. In 1991, Jeffrey joined Boston Church of Christ, a fundamentalist Christian church. The tenets of that faith include a belief that those who do not accept Jesus Christ are damned to Hell, where there will be "weeping and gnashing of teeth." Barbara's faith also underwent a change during the marriage: she became an Orthodox Jew. Citing irreconcilable differences, the Kendalls sought a divorce in November, 1994. Before their marriage …

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The Anatomy Of Disgust In Criminal Law, Dan M. Kahan May 1998

The Anatomy Of Disgust In Criminal Law, Dan M. Kahan

Michigan Law Review

My goal in this review is to call attention to a defect in the dominant theories of criminal law and to identify a resource for remedying it. The defect is the absence of a sophisticated account of how disgust does and should influence legal decisionmaking. The corrective resource is William Miller's The Anatomy of Disgust. To make my claims more vivid, consider two stories. Both involve men who were moved to kill by disgust toward homosexuality.

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Review Of The Appearance Of Impropriety: How The Ethics Wars Have Undermined American Government, Business, And Society, By Peter W. Morgan And Glenn H. Reynolds., Jordan B. Hansell May 1998

Review Of The Appearance Of Impropriety: How The Ethics Wars Have Undermined American Government, Business, And Society, By Peter W. Morgan And Glenn H. Reynolds., Jordan B. Hansell

Michigan Law Review

Rameshwar Sharma needed cash to continue his research on two proteins, alpha2A and alpha2GC, so he turned to the federal government. At the time he submitted his grant application, Sharma had completed a good deal of work on alpha2A but very little on alpha2GC At some point while typing his forty-six page grant application, Sharma realized that repeatedly typing alpha2A and alpha2GC was annoying. To ease his pain, he created macro keys that he could hit whenever he wished to type either protein. Big mistake. On page twenty-one he hit the wrong key, inserting alpha2GC where alpha2A should have been. …

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How Many Libertarians Does It Take To Fix The Health Care System?, Thomas L. Greaney May 1998

How Many Libertarians Does It Take To Fix The Health Care System?, Thomas L. Greaney

Michigan Law Review

There's an old joke about a Southern preacher who is asked whether he believes in the sacrament of infant baptism. "Believe in it?" thunders the preacher. "Hell, son, I've seen it done." In Mortal Peril: Our Inalienable Right to Health Care?, Richard Epstein gives testimony that markets should be left unfettered to distribute health care services. Arguing from first principles, he aims to persuade that the messy, confusing business of health care is best dealt with by simple legal rules: permit free contracting, countenance no government-induced subsidies, recognize no positive rights. One leaves this particular revival tent feeling he …

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An Economic Analysis Of Damages Rules In Intellectual Property Law, Roger D. Blair, Thomas F. Cotter May 1998

An Economic Analysis Of Damages Rules In Intellectual Property Law, Roger D. Blair, Thomas F. Cotter

William & Mary Law Review

No abstract provided.

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The Paradox Of Hope: The Crime And Punishment Of Domestic Violence, Cheryl Hanna May 1998

The Paradox Of Hope: The Crime And Punishment Of Domestic Violence, Cheryl Hanna

William & Mary Law Review

No abstract provided.

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Table Of Contents - Cardozo Law Review, Volume 19, Issue 5 May 1998

Table Of Contents - Cardozo Law Review, Volume 19, Issue 5

Cardozo Law Review

No abstract provided.

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The Judges V. The People: Judicial Independence And Democratic Ideals, Abner J. Mikva May 1998

The Judges V. The People: Judicial Independence And Democratic Ideals, Abner J. Mikva

Cardozo Law Review

No abstract provided.

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After Legal Indeterminacy: Carl Schmitt And The National Socialist Legal Order, 1933-1936, William E. Scheuerman May 1998

After Legal Indeterminacy: Carl Schmitt And The National Socialist Legal Order, 1933-1936, William E. Scheuerman

Cardozo Law Review

No abstract provided.

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The Struggle Against Hate Crime: Movement At A Crossroads, Terry A. Maroney May 1998

The Struggle Against Hate Crime: Movement At A Crossroads, Terry A. Maroney

Vanderbilt Law School Faculty Publications

The 1980s and 1990s witnessed an extraordinary amount of police, legislative, judicial, scholarly, and community activity around hate crime. Such activity was attributable to a new "anti-hate-crime movement," conditions for which were created by the convergence in previous decades of two very different social movements - civil rights and victims' rights. This anti-hate-crime movement has been radiply assimilated into the institutions of criminal justice, with the result that anti-hate-crime measures now reflect the culture and priorities of those institutions. The civil rights and victims' rights movements created collective beliefs, structural resources, and political opportunities that facilitated the emergence of a …

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Public Choice Theory And The Fragmented Web Of The Contemporary Administrative State, Jim Rossi May 1998

Public Choice Theory And The Fragmented Web Of The Contemporary Administrative State, Jim Rossi

Vanderbilt Law School Faculty Publications

In the recent book, Greed, Chaos and Governance: Using Public Choice to Improve Public Law (Yale U. Press 1997), Jerry Mashaw addresses the convergence between public choice and administrative law. This review essay summarizes Mashaw's arguments and explores his use of public choice tools. The review suggests that, absent some unifying theoretical perspective for understanding administrative governance outside of public choice method, little more than rampant pessimism or fragmented lessons about the administrative state can be taken.

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The Evolution Of Religious Beliefs In A Constitutional Text, Alfredo Quispe Correa May 1998

The Evolution Of Religious Beliefs In A Constitutional Text, Alfredo Quispe Correa

BYU Law Review

No abstract provided.

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The Contemporary Form Of Registering Religious Entities In Spain, Rosa Maria Martinez De Codes May 1998

The Contemporary Form Of Registering Religious Entities In Spain, Rosa Maria Martinez De Codes

BYU Law Review

No abstract provided.

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Relations With Religious Minorities: The Spanish Model, Alberto De La Hera May 1998

Relations With Religious Minorities: The Spanish Model, Alberto De La Hera

BYU Law Review

No abstract provided.

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The Relationship Of Religious Liberty To Civil Liberty And A Democratic State, James E. Wood Jr. May 1998

The Relationship Of Religious Liberty To Civil Liberty And A Democratic State, James E. Wood Jr.

BYU Law Review

No abstract provided.

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External Monitoring Of Domestic Religious Liberties, Michael Young May 1998

External Monitoring Of Domestic Religious Liberties, Michael Young

BYU Law Review

No abstract provided.

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Freedom Of Religion And Public Worship In Mexico: A Legal Commentary On The 1992 Federal Act On Religious Matters, Jorge A. Vargas May 1998

Freedom Of Religion And Public Worship In Mexico: A Legal Commentary On The 1992 Federal Act On Religious Matters, Jorge A. Vargas

BYU Law Review

No abstract provided.

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Losing My Religion: Austria's New Religion Law In Light Of International And European Standards Of Religious Freedom, Christopher J. Miner May 1998

Losing My Religion: Austria's New Religion Law In Light Of International And European Standards Of Religious Freedom, Christopher J. Miner

BYU Law Review

No abstract provided.

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Giving A Hoot About An Owl Does Not Satisfy The Interest Requirement For Intervention: The Misapplication Of Intervention As Of Right In Coalition Of Arizona/ New Mexico Counties For Stable Economic Growth V. Department Of The Interior, Rodrick J. Coffey May 1998

Giving A Hoot About An Owl Does Not Satisfy The Interest Requirement For Intervention: The Misapplication Of Intervention As Of Right In Coalition Of Arizona/ New Mexico Counties For Stable Economic Growth V. Department Of The Interior, Rodrick J. Coffey

BYU Law Review

No abstract provided.

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Getting A Grip On National Service: Key Organizational Features And Strategic Characteristics Of The National Service Corps (Americorps), Daniel E. Witte May 1998

Getting A Grip On National Service: Key Organizational Features And Strategic Characteristics Of The National Service Corps (Americorps), Daniel E. Witte

BYU Law Review

No abstract provided.

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Shifting The Paradigm In Child Pornography Criminalization: United States V. Maxwell, Chad R. Fears May 1998

Shifting The Paradigm In Child Pornography Criminalization: United States V. Maxwell, Chad R. Fears

BYU Law Review

No abstract provided.

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Young V. Bayer Corp.: When Is Notice Of Sexual Harassment To An Employee Notice To The Employer?, Stanford Edward Purser May 1998

Young V. Bayer Corp.: When Is Notice Of Sexual Harassment To An Employee Notice To The Employer?, Stanford Edward Purser

BYU Law Review

No abstract provided.

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The Migratory Bird Rule After Lopez: Questioning The Value Of State Sovereignty In The Context Of Wetland Regulation, Peter A. Gilbert May 1998

The Migratory Bird Rule After Lopez: Questioning The Value Of State Sovereignty In The Context Of Wetland Regulation, Peter A. Gilbert

William & Mary Law Review

No abstract provided.

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Erisa Section 104(B)(4): What Documents Do Employees Have A Right To Demand From Their Employers?, Anne-Marie M. Miles May 1998

Erisa Section 104(B)(4): What Documents Do Employees Have A Right To Demand From Their Employers?, Anne-Marie M. Miles

William & Mary Law Review

No abstract provided.

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Calling Off The Bounty Hunters: Discrediting The Use Of Alleged Anti-Kickback Violations To Support Civil False Claims Actions, Lisa M. Phelps May 1998

Calling Off The Bounty Hunters: Discrediting The Use Of Alleged Anti-Kickback Violations To Support Civil False Claims Actions, Lisa M. Phelps

Vanderbilt Law Review

As skyrocketing health care costs threaten the survival of federally funded health care programs, government prosecutors and private parties are frequently turning to the Civil False Claims Act' as their weapon of choice in waging the "war" on health care fraud and abuse. The False Claims Act is a powerful federal statute that creates liability for the submission of false claims to the federal government. In the health care industry, a typical false claims plaintiff asserts that a health care provider submitted a Medicare or Medicaid claim to the federal government which was "false" because the provider mischarged or overcharged …

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Did Military Justice Fail Or Prevail?, Robinson O. Everett May 1998

Did Military Justice Fail Or Prevail?, Robinson O. Everett

Michigan Law Review

The subject of war crimes is now receiving significant attention. On March 13, 1998, the United States Senate, by a vote of 93-0, adopted a resolution urging the President to call on the- United Nations to create a tribunal to indict and try Saddam Hussein for his "crimes against humanity." In the recent past, United Nations tribunals have tried crimes against humanity perpetrated in the former Yugoslavia and in Rwanda. With Administration backing, Congress has also recently enacted legislation intended to confer jurisdiction on the federal district courts to try certain war crimes of which American nationals are perpetrators or …

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Economic Analysis Of Evidentiary Law: An Underused Tool, An Underplowed Field, Richard D. Friedman May 1998

Economic Analysis Of Evidentiary Law: An Underused Tool, An Underplowed Field, Richard D. Friedman

Cardozo Law Review

No abstract provided.

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Does A Helping Hand Put Others At Risk?: Affirmative Action, Police Departments, And Crime, John Lott May 1998

Does A Helping Hand Put Others At Risk?: Affirmative Action, Police Departments, And Crime, John Lott

Coase-Sandor Institute for Law & Economics Research Paper Series

Will increasing the number of minority and women police officers make law enforcement more effective by drawing on abilities that have gone untapped and creating better contact with communities and victims? Or will standards have to be lowered too far before large numbers of minorities and women can be hired? Using cross-sectional time-series data for U.S. cities for 1987, 1990, and 1993, I find that more black and minority police officers increase crime rates. This arises because lower hiring standards involved in recruiting more minority officers reduces the quality of both new minority and new nonminority officers. The most adverse …

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The History Of The Special (Struck) Jury In The United States And Its Relation To Voir Dire Practices, The Reasonable Cross-Section Requirement, And Peremptory Challenges, James Oldham May 1998

The History Of The Special (Struck) Jury In The United States And Its Relation To Voir Dire Practices, The Reasonable Cross-Section Requirement, And Peremptory Challenges, James Oldham

William & Mary Bill of Rights Journal

In this Article, Professor Oldham provides a unique historical study of the special, or struck, jury in the United States. First, Professor Oldham discusses the influence of the 1730 English statute on eighteenth- century American law and reviews the procedures of several states in which the struck jury remains valid, in addition to the once authorized procedures that states have since declared invalid. He also analyzes the relationship between the struck jury and peremptory challenges. Second, Professor Oldham analyzes the special qualifications of the jurors comprising special juries in the context of the "blue ribbon," or "high-class, " jury, the …

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The Moral Failure Of The Clear And Present Danger Test, David R. Dow May 1998

The Moral Failure Of The Clear And Present Danger Test, David R. Dow

William & Mary Bill of Rights Journal

The clear and present danger test has been used for almost a century to determine the speech the government may restrain. This test assumes that at some point speech transforms into an act and at that moment the speech becomes punishable. Under the clear and present danger test, the First Amendment does not protect speech that is an incitement to imminent lawless action. Professor Dow suggests that the clear and present danger test protects too little speech. He posits that speech should be protected unless the following three conditions are met: (1) the speaker's specific intent in uttering the words …

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