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Articles 323401 - 323430 of 545611
Full-Text Articles in Law
Deepening Democracy: Mongolia, Tom Ginsburg
Bankruptcy's Uncontested Axioms, Douglas G. Baird
The Internet And The Abiding Significance Of Territorial Sovereignty, Jack L. Goldsmith
The Internet And The Abiding Significance Of Territorial Sovereignty, Jack L. Goldsmith
Articles
No abstract provided.
Pennsylvania Coal V. Mahon: The Erratic Takings Jurisprudence Of Justice Holmes, Richard A. Epstein
Pennsylvania Coal V. Mahon: The Erratic Takings Jurisprudence Of Justice Holmes, Richard A. Epstein
Articles
No abstract provided.
Protecting Property With Legal Remedies: A Common Sense Reply To Professor Ayres, Richard A. Epstein
Protecting Property With Legal Remedies: A Common Sense Reply To Professor Ayres, Richard A. Epstein
Articles
No abstract provided.
Joint Custody And Strategic Behavior, Saul Levmore
Efficiency And Conspiracy: Conflicts Of Interest, Anti-Nepotism Rules, And Separation Strategies, Saul Levmore
Efficiency And Conspiracy: Conflicts Of Interest, Anti-Nepotism Rules, And Separation Strategies, Saul Levmore
Articles
No abstract provided.
Taxes As Ballots, Saul Levmore
Symposium On Race And Criminal Law: Introduction, Richard H. Mcadams
Symposium On Race And Criminal Law: Introduction, Richard H. Mcadams
Articles
No abstract provided.
Foreword: The Internet And Shasta County, Lisa Bernstein
Foreword: The Internet And Shasta County, Lisa Bernstein
Articles
No abstract provided.
Pennsylvania Coal V. Mahon: The Erratic Takings Jurisprudence Of Justice Holmes, Richard A. Epstein
Pennsylvania Coal V. Mahon: The Erratic Takings Jurisprudence Of Justice Holmes, Richard A. Epstein
Articles
No abstract provided.
American Society Of Notaries: History Of A Legacy, 31 J. Marshall L. Rev. 1001 (1998), Lisa K. Fisher
American Society Of Notaries: History Of A Legacy, 31 J. Marshall L. Rev. 1001 (1998), Lisa K. Fisher
UIC Law Review
No abstract provided.
Home Businesses, Llamas And Aluminum Siding: Trends In Covenant Enforcement, 31 J. Marshall L. Rev. 443 (1998), Katharine N. Rosenberry
Home Businesses, Llamas And Aluminum Siding: Trends In Covenant Enforcement, 31 J. Marshall L. Rev. 443 (1998), Katharine N. Rosenberry
UIC Law Review
No abstract provided.
Culture, Chaos And Capitalism: Privitization In Kazakhstan, J. Robert Brown Jr.
Culture, Chaos And Capitalism: Privitization In Kazakhstan, J. Robert Brown Jr.
Sturm College of Law: Faculty Scholarship
A critical issue in the area of corporate governance and law concerns the differences in legal regimes that arise as a result of culture. Kazakhstan in the 1990s achieved independence from the former Soviet Union and was forced in quick order to put in place a series of laws that allowed a capitalist economy to function. Yet these laws were adopted in a state that had no experience with most aspects of private property. The Kazakh people were nomadic, moving from place to place, with little experience with real property. Personal property was largely limited to what they could carry. …
Judge Warren L. Jones And The Supreme Court Of Dixie, Allison Herren Lee, William W. Shakely, J. Robert Brown Jr.
Judge Warren L. Jones And The Supreme Court Of Dixie, Allison Herren Lee, William W. Shakely, J. Robert Brown Jr.
Sturm College of Law: Faculty Scholarship
No abstract provided.
Introduction, John F. Murphy
Introduction, John F. Murphy
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Signal Bleed: Congress Attacks When It Sounds Like Sex, Josh C. Grushkin
Signal Bleed: Congress Attacks When It Sounds Like Sex, Josh C. Grushkin
UC Law SF Communications and Entertainment Journal
Section 505 of the Telecommunications Act of 1996 attempts to eliminate the phenomenon of signal bleed from sexually explicit adult channels. This Note argues that section 505 of the Telecommunications Act of 1996 should ultimately be found unconstitutional, and that Congress address the phenomenon of signal bleed of sexually explicit programming through other alternatives which are less constitutionally offensive.
Is State Trust Land Timber Management Better Than Federal Timber Management--A Best Case Analysis, Jon A. Souder, Sally K. Fairfax, Teresa A. Rice, Lawrence J. Macdonnell
Is State Trust Land Timber Management Better Than Federal Timber Management--A Best Case Analysis, Jon A. Souder, Sally K. Fairfax, Teresa A. Rice, Lawrence J. Macdonnell
UC Law Environmental Journal
No abstract provided.
Securities Arbitration: A Clinical Experiment, Constantine N. Katsoris
Securities Arbitration: A Clinical Experiment, Constantine N. Katsoris
Fordham Urban Law Journal
This Article discusses the use of non-attorneys in representing such clients, as well as pro se representation by such claimants. It then describes the efforts of the Securities and Exchange Commission ("SEC") to ensure that such claimants have access to adequate and effective representation through the use of law school clinics. Finally, this Article raises numerous issues that must be considered before establishing such clinics, and concludes that proper planning and adjustment is necessary for a successful clinical program.
The New German Internet Law, Lothar Determann
The New German Internet Law, Lothar Determann
UC Law SF International Law Review
The creation of the Internet and other technological innovations in communications makes the issues and regulations surrounding them of increasingly international proportions. This article discusses the recent German case of Germany v. Felix Somm, which provides an example of the application of the new German Internet law. The new federal and state statutes contain provisions on many of the same topics: the liability of online providers, data protection and protection against violent and pornographic materials. The state statute regulates services that resemble and might eventually replace traditional broadcasting ("Media Services"). The federal law regulates online services that supplement and replace …
Deconstructing Children's Rights And Reimagining Children's Needs: A Gender, Race, And Class Analysis Of Infanticide, Beverly Horsburgh
Deconstructing Children's Rights And Reimagining Children's Needs: A Gender, Race, And Class Analysis Of Infanticide, Beverly Horsburgh
St. Thomas Law Review
No abstract provided.
Beyond Rfra: Free Exercise Of Religion Comes Of Age In The State Courts, Daniel A. Crane
Beyond Rfra: Free Exercise Of Religion Comes Of Age In The State Courts, Daniel A. Crane
St. Thomas Law Review
This Article provides an alternative perspective to the assumption that the battle for free exercise exemptions must be waged at the federal level. Like the vast majority of the law review commentators, this Author believes that Smith was wrongly, even dangerously, decided. However, unlike many of those who reject Smith, this Author also believes that if we must accept Smith as a baseline, RFRA is unconstitutional as applied to the states. 3 This Article argues that even if RFRA may not constitutionally be applied to the states, the concept of free exercise exemptions need not be pronounced dead or even …
Presumed Guilty Until Proven Innocent: Using Results Of Statistical Or Econometric Studies As Evidence, John M. Tyson
Presumed Guilty Until Proven Innocent: Using Results Of Statistical Or Econometric Studies As Evidence, John M. Tyson
St. Thomas Law Review
This Article examines the prerequisites required before results of statistical or econometric studies based upon empirical data should be admitted into evidence in light of the Supreme Court of the United States' decision in McCleskey v. Kemp. In addition, it reviews other cases in which results of statistical studies were considered are reviewed to define and describe the methods applied. Moreover, to determine whether proper safeguards exist to justify their role in the American Justice System, the Article examines the inherent tension between traditional judicial fact-finding and admitting results of quantitative studies based on empirical data as evidence.
Tobacco Company Liability Under Mail Fraud, Juan Carlos Lopez-Campillo
Tobacco Company Liability Under Mail Fraud, Juan Carlos Lopez-Campillo
St. Thomas Law Review
In the United States, tobacco products are heavily advertised. Advertising budgets of tobacco companies have increased more than 1,500% between 1970 and 1992. In 1993, $6.2 billion were spent by tobacco companies on advertising and promoting their products. This Comment examines whether the mail fraud statute applies where tobacco consumers read advertising printed in newspapers or magazines mailed to subscribers, in furtherance of the companies' fraudulent scheme. If so, the second element of mail fraud is satisfied, and tobacco company executives may then be held criminally liable for their fraudulent deception of the American public.
Introduction, Anthony C. Musto
Is Miranda Dead, Was It Overruled, Or Is It Irrelevant, Alfredo Garcia
Is Miranda Dead, Was It Overruled, Or Is It Irrelevant, Alfredo Garcia
St. Thomas Law Review
This Article will proceed in three stages. Part I will provide the historical, social, and political backdrop to the Miranda opinion. It will discuss the pragmatic basis for the path that the Court chose to follow in Miranda. Part II will underscore the attempts to overrule Miranda and the Court's almost instant departure from its doctrinal foundation. In doing so, the argument is that the Court's retreat can be viewed in large measure as a reaction to the negative response the opinion engendered, both politically and socially. It also can be viewed as the logical outcome of the Court's need …
Publicity In High Profile Criminal Cases, H. Patrick Furman
Publicity In High Profile Criminal Cases, H. Patrick Furman
St. Thomas Law Review
Many may wonder about the wisdom of having a criminal lawyer discuss the ethical problems associated with high profile cases. Over the past few years, the performances of criminal lawyers on the public stage have been decidedly uneven with respect to professionalism and ethical behavior. We witnessed the spectacle of People v. Simpson. There, it seemed that the lawyers spent more time in front of the camera than in front of the bench. Ironically, after the trial, half of the lawyers got their own television shows. The Simpson trial was an event which deserved to be labeled a trial only …
Representation Of Subpoenaed Witnesses, Jack M. Denaro
Representation Of Subpoenaed Witnesses, Jack M. Denaro
St. Thomas Law Review
Recently, the front pages of the New York Times and the Washington Post have made witnesses before the grand jury a special topic for morning coffee. Issues of foul tactics, parental immunity, grand jury voyeurism, and the Fifth Amendment have reigned in the tabloids and on television.Today, in law, the representation of subpoenaed witnesses has become a subject as vast as that of contracts and as complicated as common law property.
"Leaks" In Federal Grand Jury Proceedings, Roma W. Theus Ii
"Leaks" In Federal Grand Jury Proceedings, Roma W. Theus Ii
St. Thomas Law Review
The subject of federal grand jury "leaks" came to the forefront most recently because of the continuous leaks regarding the Special Prosecutor's investigation of President Clinton and Monica Lewinsky. Anyone with a pulse realizes that there has been a flood of grand jury "leaks" about this matter. But, the repeated "leaks" in that matter have highlighted three things, two of which are negative and one that is positive. The positive feature is that there does not appear to be a significant problem with "leaks" of grand jury information in the "garden variety" or "routine case." The negative features are that: …
Mail Fraud: Redefining The Boundaries, Ellen S. Podgor
Mail Fraud: Redefining The Boundaries, Ellen S. Podgor
St. Thomas Law Review
This Article examines some of the recent judicial decisions that limit the conduct subject to prosecution under the mail fraud statute. It focuses on decisions regarding three key aspects of 18 U.S.C. § 1341, namely, the scheme to defraud, intent, and mailings in furtherance. Although these three aspects are discussed separately in this Article, the scheme to defraud and intent are often intertwined. This Article is limited to recent judicial decisions that have restricted the prosecution's use of the mail fraud statute. These recent cases serve to redefine the parameters of the statute. Due to the breadth of the statute, …