Law Commons^™

Separation Of Powers And The Separate Treatment Of Contract Claims Against The Federal Government For Specific Performance, Richard Henry Seamon

Articles

No abstract provided.

The Brandeis Vision, Donald L. Burnett Jr.

Articles

No abstract provided.

The Egyptian Legal System Over Twenty Years: Overview And Assesment, Ziad Bahaa-Eldin

Faculty Book Chapters

The second of two issues, this volume covers aspects of Egyptian society. Contributors include: Donald Cole, Soraya Altorki, Asef Bayat, Eric Denis, Enid Hill, Ziad Bahaeddin, Malak Rouchdy, Linda Herrera, Jim Napoli, Hussein Amin, Mahmoud al-Lozy, Cynthia Nelson, and Shahnaz Rouse.

Book Reviews: Bodies Of Law By Alan Hyde, Cynthia Godsoe

Faculty Scholarship

No abstract provided.

Reconsidering The Need For Counsel For Children In Custody, Visitation And Child Protection Proceedings, Martin Guggenheim

Loyola University Chicago Law Journal

No abstract provided.

Ties That Bind ?: Children's Attorneys, Children's Agency, And The Dilemma Of Parental Affiliation, William A. Kell

Loyola University Chicago Law Journal

No abstract provided.

Evidence Of Habit And Routine Practice, William A. Schroeder

Loyola University Chicago Law Journal

No abstract provided.

Acts Of Parliament: Privatisation, Promulgation And Crown Copyright – Is There A Need For A Royal Royalty?, Mark Perry

Law Publications

The road of privatisation of government assets is littered with the debris of mishaps and oversights. One clear illustration is the history and effect of the sale of the Government Printing Office (GPO) in 1990. Within the sale process there was a failure to ensure adequate consideration of the policy implications from an important perspective, namely the effect of privatising the means of promulgation of the normative materials of the State. Furthermore, there was no enquiry into the dubious assumptions made as to Crown Copyright in legislation.

Intellectual property rights in primary legal materials create a dilemma for policy makers. …

When “Cultural Identity Was Not At Issue”: Thinking About Canada - Certain Measures Concerning Periodicals, Chios Carmody

Law Publications

No abstract provided.

Chapter 7 - Reflections On The Scholarship Of Elizabeth B. Clark, Kristin Olbertson, Carol Weisbrod, Christine Stansell, Martha Minow

Manuscript of Women, Church, and State: Religion and the Culture of Individual Rights in Nineteenth-Century America

Elizabeth Clark's essays on early nineteenth-century reform movements make a compelling case that abolitionists and feminists alike understood individual rights from a profoundly religious perspective. Clark also demonstrates how these reformers advocated the protection of so-called "natural rights" for enslaved African-Americans and white women in the vivid and fervently emotional language of evangelical revivalism. Broader cultural and intellectual trends of resistance to governmental and clerical authority, trends rooted in liberal and evangelical Protestantism, Clark argues, helped fuel attacks on slavery and gender inequality. Rejecting other historians' portrayals of the antebellum reformers as primarily secular in orientation, Clark makes the arresting, …

In The Wake Of Reno V. Aclu: The Continued Struggle In Western Constitutional Democracies With Internet Censorship And Freedom Of Speech Online, Kim L. Rappaport

American University International Law Review

No abstract provided.

Bulletin Of The Ll.M. Program In International And Comparative Law 1998, Notre Dame Law School

Bulletins of Information

In 1968, Notre Dame established the first, and still the only, full–time branch of an American law school outside the United States. This program, located in the heart of London, England, now has three components – a yearlong component of the J.D. program, a summer program, and the master of laws (LL.M.) graduate program in international and comparative law.

Slashing And Burning Prisoners Rights: Congress And The Supreme Court In Dialogue, Susan Herman

Faculty Scholarship

No abstract provided.

International Encyclopaedia Of Medical Laws (Supplement 14 United States Of America), Robert Schwartz, Barry R. Furrow, Thomas L. Greaney, Sandra H. Johnson, Timothy Stoltzfus Jost

Faculty Book Display Case

Relating to the practice of medicine in the large sense, this subset of the IEL covers national and international medical law. Each national monograph contains, besides a general introduction, a description for the country in question of:

the law related to the medical profession, such as access to the medical profession, illegal practice of medicine and control over the practice of medicine;

the physician-patient relationship (the rights and duties of physicians and patients) and specific issues such as abortion and euthanasia; and,

the national law dealing with the physician in relation to his colleagues, to other health care providers and …

The "Same Actor Inference" In Employment Discrimination: Cheap Justice?, Julie S. Northup

Washington Law Review

In Proud v. Stone, a 1991 age-related employment discrimination case, the Fourth Circuit established the evidentiary principle that a "strong inference" of nondiscrimination arises when the same person hires and then fires the plaintiff within a short period of time. This "same actor inference" has been adopted in varying degrees by six other circuits. Only the Third Circuit has expressly declined to recognize the hirer-firer relationship as more than evidence from which the trier of fact may draw a reasonable inference. Courts invoking the "inference" have extended its applicability far beyond the original context so as to permit theoretically …

Justice Blackmun's Federal Tax Jurisprudence, Robert A. Green

UC Law Constitutional Quarterly

During his tenure on the Supreme Court, Justice Blackmun was widely regarded as the Court's authority on tax matters. Justice Blackmun viewed tax law not merely as a technical specialty, but as a microcosm of the legal system. His numerous tax opinions involve a wide range of issues of constitutional law, criminal law, administrative procedure, court procedure, and statutory interpretation. This Article begins by discussing two of Justice Blackmun's tax opinions involving constitutional issues. Justice Blackmun refused to create special constitutional rules for tax cases. Instead, he applied generally applicable principles, but with great sensitivity to how those principles would …

The Author Of Roe, Radhika Rao

UC Law Constitutional Quarterly

In her commentary, Professor Radhika Rao focuses upon Justice Blackmun's landmark opinion in Roe v. Wade, exploring the ways in which the Justice shaped and was in turn shaped by the abortion conflict. After describing Roe, she sets forth and responds to a wide range of criticisms of the decision. She then turns her attention to several other abortion and privacy cases, drawing some general insights into Justice Blackmun's jurisprudence. She highlights Justice Blackmun's concern for factual context and his compassion for the real people behind the cases he decided. Professor Rao connects these qualities with Justice Blackmun's opinion in …

Intuition And Science In The Race Jurisprudence Of Justice Blackmun, Deborah C. Malamud

UC Law Constitutional Quarterly

In the field of race, Justice Harry A. Blackmun is most known for the stirring language in his opinions in Bakke and Weber in the late 1970s and Croson and Wards Cove in the late 1980s. After explaining why no race jurisprudence is made up of stirring language alone, Professor Malamud explores the development of Justice Blackmun's race jurisprudence from his years on the United States Court of Appeals for the Eighth Circuit to his final term on the Court. She paints a picture of a judge who did not always trust his own intuition in race cases, and who …

Opportunity In The Face Of Danger. The Pragmatic Development Of Habitat Conservation Plans, Donald J. Barry

UC Law Environmental Journal

No abstract provided.

A Thousand Mile Walk To California, John Muir

UC Law Environmental Journal

No abstract provided.

Codifying The Past, Erasing The Future: Nafta And The Zapatista Uprising Of 1994, Andy Gutierrez

UC Law Environmental Journal

No abstract provided.

What Are People For, Wendell Berry

UC Law Environmental Journal

No abstract provided.

New Takings Doctrine, Lopez's Return To State Power, And Impacts On Environmental Protection: A Look At Isolated Wetlands Regulation, The, Julia A. Olson

UC Law Environmental Journal

No abstract provided.

Preservationists Vs. Recreationists In Our National Parks, Nathan L. Scheg

UC Law Environmental Journal

No abstract provided.

Autumn, Emily Dickinson

UC Law Environmental Journal

No abstract provided.

Environmental Rationality And Judicial Review: When Benefits Justify Costs Under The Safe Drinking Water Act Amendments Of 1996, David W. Schnare

UC Law Environmental Journal

No abstract provided.

Environmental Takings And The California Public Utilities Commission--The Covalt Decision, Paul Lacourciere

UC Law Environmental Journal

No abstract provided.

Interpreting The Communications Assistance For Law Enforcement Act Of 1994: The Justice Department Versus The Telecommunications Industry & (And) Privacy Rights Advocates, Hildegarde A. Senseney

UC Law SF Communications and Entertainment Journal

This Note examines what began as a very common-sense idea: law enforcement's surveillance capabilities needed to be protected in the face of new, high technology communications devices that were making law enforcement's task much more difficult, if not impossible. This was the primary motivation behind the passage of the Communications Assistance for Law Enforcement Act of 1994.

As the compliance date fot the Act draws nearer, many issues are still open to fierce debate between the Federal Bureau Of Investigation, the telecommunications industry and privacy rights advocates. The telecommunications industry claims that the FBI is demanding capacity and technological standards …

Regulating Cyberspace: Metaphor, Rhetoric, Reality, And The Framing Of Legal Options, Clay Calvert

UC Law SF Communications and Entertainment Journal

This Article argues that the "information superhighway" metaphor is a strategically chosen rhetorical device used to frame debate about Internet and telecommunications regulation, to implicitly suggest the particular legal choices are more viable-and valid-than others, and to guide the future of law in cyberspace. In particular, the metaphor embraces a commerce-based, marketplace model of regulation that emphasizes speed and quantity of information as a product or good rather than the content or quality of communication and its ability to sustain extant communities and cultures. Along the way, the Article traces the development of the "information superhighway" metaphor and explores some …

Coscarart V. Major League Baseball: No Field Of Dreams, Ronald P. Wargo

UC Law SF Communications and Entertainment Journal

This note explores a less glamorous aspect of baseball's "golden" past: the sport's forgotten and financially neglected players. Due to the structure of Major League Baseball's retirement compensation system, a certain group of former players--some of whom were stars in their day--were entitled to no retirement benefits at all from the sports which they helped make great. Focusing on an action brought by one of these former players against Major League Baseball (MLB), the note explores both the statutory and common law right of publicity claims that these ex-players may have against MLB for the uncompensated exploitation of the players' …