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Articles 323911 - 323940 of 545570
Full-Text Articles in Law
Law's Alienation: Furies And Nomoi And Bears (And Nuns), Emily Fowler Hartigan
Law's Alienation: Furies And Nomoi And Bears (And Nuns), Emily Fowler Hartigan
Marquette Law Review
No abstract provided.
Response To Judging Religion By Winnifred Fallers Sullivan, James Boyd White
Response To Judging Religion By Winnifred Fallers Sullivan, James Boyd White
Marquette Law Review
No abstract provided.
The Case For Religious Values In Judicial Decision-Making, Wendell L. Griffen
The Case For Religious Values In Judicial Decision-Making, Wendell L. Griffen
Marquette Law Review
No abstract provided.
Religiously Devout Judges: Issues Of Personal Integrity And Public Benefit, Daniel O. Conkle
Religiously Devout Judges: Issues Of Personal Integrity And Public Benefit, Daniel O. Conkle
Marquette Law Review
No abstract provided.
Protecting Linguistic Minorities Under Title Vii: The Need For Judicial Deference To The Eeoc Guidelines On Discrimination Because Of National Origin, Lisa L. Behm
Marquette Law Review
No abstract provided.
Reconciling L.L.N. V. Clauder And Pritzlaff V. Archdiocese Of Milwaukee: Does This Mean Blanket Immunity For Religious Organizations?, Faye M. Hammersley
Reconciling L.L.N. V. Clauder And Pritzlaff V. Archdiocese Of Milwaukee: Does This Mean Blanket Immunity For Religious Organizations?, Faye M. Hammersley
Marquette Law Review
No abstract provided.
Table Of Contents For Volume 81, Number 3, Marquette University
Table Of Contents For Volume 81, Number 3, Marquette University
Marquette Law Review
No abstract provided.
Reasonable Certainty And Reasonable Doubt, Henry L. Chambers Jr.
Reasonable Certainty And Reasonable Doubt, Henry L. Chambers Jr.
Marquette Law Review
No abstract provided.
Bridging The Great Divide: Sewrpc, Politics, And Regional Cooperation, James J. Casey Jr.
Bridging The Great Divide: Sewrpc, Politics, And Regional Cooperation, James J. Casey Jr.
Marquette Law Review
No abstract provided.
Officious Intermeddling, Interloping Chauvinism, Restatement (Second), And Leflar: Wisconsin's Choice Of Law Melting Pot, Shirley Wiegand
Officious Intermeddling, Interloping Chauvinism, Restatement (Second), And Leflar: Wisconsin's Choice Of Law Melting Pot, Shirley Wiegand
Marquette Law Review
No abstract provided.
Peace In Theory And Practice Under Article 9 Of Japan's Constitution, Lawrence W. Beer
Peace In Theory And Practice Under Article 9 Of Japan's Constitution, Lawrence W. Beer
Marquette Law Review
No abstract provided.
Each Lawyer's Crisis, Michael B. Brennan, Alexander Dushku
Each Lawyer's Crisis, Michael B. Brennan, Alexander Dushku
Marquette Law Review
No abstract provided.
Improving The Odds Of The Central Hudson Balancing Test: Restricting Commercial Speech As A Last Resort, Andrew S. Gollin
Improving The Odds Of The Central Hudson Balancing Test: Restricting Commercial Speech As A Last Resort, Andrew S. Gollin
Marquette Law Review
No abstract provided.
Bioethics And The Administration Of Justice, George P. Smith Ii
Bioethics And The Administration Of Justice, George P. Smith Ii
Faculty Books
This essay is divided into five parts. The first will examine, in broad-brush, bioethics as a discipline, language and political movement. The second explores the politics of morality and the role bioethicists have in assisting with the tasks of judicial decision making. Part three tackles the feasibility of promoting a deliberative democracy within the New Age of Biotechnology. Part four considers forensic or scientific evidence. And, the final section of this essay considers how Elizabeth Taylor, Reva Shane Lewis of the CBS soap opera, "The Guiding Light," Thomas Donaldson and the sheep, "Dolly," shape the contours of this new age …
A Century Lost: The End Of The Originalism Debate, Eric J. Segall
A Century Lost: The End Of The Originalism Debate, Eric J. Segall
Faculty Publications By Year
Focuses on the originalism debate on the constitutional law of the United States. Contemporary debate; Analysis on the debate; Views an arguments on originalism.
Judicial Reform In Brazil, Keith S. Rosenn
Judicial Reform In Brazil, Keith S. Rosenn
Articles
Judicial reform is currently a hotly debated topic in Brazil. The call for reform of the Brazilian judiciary, however, is anything but new. The Brazilian judiciary has been in a state of crisis since colonial days, and despite numerous attempts at reform, it remains in crisis. With the privatization of Brazil's state-owned enterprises, the growth of Mercosur, the urgent need to make Brazilian firms competitive in world markets, the emphasis upon attracting foreign investment, and the opening of Brazil's economy to foreign competition, Brazilian political leadership began to focus upon ways to reform Brazil's malfunctioning judicial system. Unfortunately, the proposed …
Notes: Eagan V. Calhoun: A Child May Bring A Wrongful. Death Action Against A Parent For The Intentional Killing Of The Other Parent, Dena M. Dietrich
Notes: Eagan V. Calhoun: A Child May Bring A Wrongful. Death Action Against A Parent For The Intentional Killing Of The Other Parent, Dena M. Dietrich
University of Baltimore Law Review
No abstract provided.
The Motion For New Trial And Its Constitutional Tension, Albert D. Brault, John A. Lynch Jr.
The Motion For New Trial And Its Constitutional Tension, Albert D. Brault, John A. Lynch Jr.
University of Baltimore Law Review
Either the judge or the jury must decide facts and, to the extent that we take this responsibility, we lessen the jury function. Our duty to preserve this one of the Bill of Rights may be peculiarly difficult, for here it is our own power which we must restrain.1
Notes: Reno V. Aclu: The First Congressional Attempt To Regulate Pornography On The Internet Fails First Amendment Scrutiny, Scott A. Shail
Notes: Reno V. Aclu: The First Congressional Attempt To Regulate Pornography On The Internet Fails First Amendment Scrutiny, Scott A. Shail
University of Baltimore Law Review
No abstract provided.
How Many Libertarians Does It Take To Fix The Health Care System?, Thomas L. Greaney
How Many Libertarians Does It Take To Fix The Health Care System?, Thomas L. Greaney
All Faculty Scholarship
The libertarian prescription for health care reform is a admixture of deregulation and purportedly utilitarian calculation of social benefits and costs. In Mortal Peril: Our Inalienable Right to Health Care?, Richard Epstein's offers a stark roadmap that embraces an unfettered free market for health care services, indigent care left primarily to the charitable impulses of providers and no cross subsidies between classes, generations or other categories of citizens (including the sick and healthy). This review essay argues that the history, economics, and politics of health markets belie Epstein's abstract reasoning. Though much of the argument in Mortal Peril is written …
Table Of Contents-Issue 1, Mc Law
A Practitioner's Perspective On The Tenure Of Chancellor William T. Allen, Jesse A. Finkelstein
A Practitioner's Perspective On The Tenure Of Chancellor William T. Allen, Jesse A. Finkelstein
Seattle University Law Review
This Essay is part of a tribute issue that was compiled in honor of William T. Allen, Chancellor of the Delaware Court of Chancery, after he announced his intention not to seek reappointment.
Sovereign Indignity? Values, Borders And The Internet: A Case Study, Eric B. Easton
Sovereign Indignity? Values, Borders And The Internet: A Case Study, Eric B. Easton
Seattle University Law Review
This Article focuses on the publication ban issued by Justice Kovacs in the Karla Homolka trial and the reaction to it as a case study of the new global communications environment. Part I reconstructs the factual circumstances that provoked the ban, as well as the responses of the media, the legal establishment, and the public. Part II examines the ban itself, the constitutional challenge mounted by the media, and the landmark Dagenais decision. Part III reflects on the meaning of the entire episode for law, journalism, and national sovereignty. The article concludes that the publication ban in this case, by …
". . . Skepticism But Not Cynicism": Chancellor Allen's Scrutiny Of Special Committees, James C. Freund
". . . Skepticism But Not Cynicism": Chancellor Allen's Scrutiny Of Special Committees, James C. Freund
Seattle University Law Review
This Essay is part of a tribute issue that was compiled in honor of William T. Allen, Chancellor of the Delaware Court of Chancery, after he announced his intention not to seek reappointment.
Chancellor Allen And The Fundamental Question, D. Gordon Smith
Chancellor Allen And The Fundamental Question, D. Gordon Smith
Seattle University Law Review
In this article, the author explains Chancellor Allen's expansive reputation by examining his ability to speak to what philosopher John Danley calls "the fundamental question": "What is the appropriate role of the modem corporation in a free society?" From the chartering of the first corporations in the United States to the present day, debate over the fundamental question has been rancorous. On one side of the debate stand those who believe that society is best served when corporations strive to maximize profits for the benefit of shareholders; on the other side stand those who believe that corporations should have some …
What Ever Happened To The Appearance Of Fairness Doctrine? Local Land Use Decisions In An Age Of Statutory Process, W.T. Watterson
What Ever Happened To The Appearance Of Fairness Doctrine? Local Land Use Decisions In An Age Of Statutory Process, W.T. Watterson
Seattle University Law Review
All states guarantee constitutional due process and fairness for both judicial and quasi-judicial proceedings. They differ, however, on the legal standard of fairness to apply to quasi-judicial proceedings. Many states rely on due process guarantees, that is, a proceeding which is fair in actual substance and procedure. Washington, however, has adopted more of the judicial standard for quasi-judicial actions, requiring "a hearing not only fair in substance, but fair in appearance as well." This "appearance of fairness doctrine" was originally developed within the context of local land use decisions. Later, it was applied to a broader spectrum of administrative proceedings. …
What Is Outrageous Government Conduct? The Washington State Supreme Court Knows It When It Sees It: State V. Lively, Matthew V. Honeywell
What Is Outrageous Government Conduct? The Washington State Supreme Court Knows It When It Sees It: State V. Lively, Matthew V. Honeywell
Seattle University Law Review
For the first time ever, the Supreme Court of Washington in State v. Lively overturned a criminal conviction because of outrageous government conduct. This decision employed a rarely-used, and even more infrequently successful, defense to achieve an apparently just result. Indeed, courts and scholars disagree on whether the defense, based on the Due Process Clause of the U.S. Constitution, actually exists and, if it does, how it applies to the facts of a given case. The U.S. Supreme Court has neither expressly and conclusively acknowledged nor disavowed the defense and has never employed it to overturn a criminal conviction. The …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
The Best Law School Subject, Robert A. Hillman, Robert S. Summers
The Best Law School Subject, Robert A. Hillman, Robert S. Summers
Seattle University Law Review
This Essay responds to a casebook review published in the previous annual Casebook Review issue.
Methodology For Teaching Constitutional Law, Constance Frisby Fain
Methodology For Teaching Constitutional Law, Constance Frisby Fain
Seattle University Law Review
Teaching constitutional law concepts has become more exciting, interesting, and thorough by utilizing Barron, Dienes, McCormack, and Redish's Constitutional Law: Principles and Policy. The authors of this casebook are full professors of law who are distinguished experts in the field of constitutional law. Barron and Dienes are also coauthors of two study aid texts designed to supplement the casebook: a Nutshell Series outline and a Black Letter Series outline. These provide summaries of constitutional law intended to assist the student in recognizing and comprehending the principles and issues of law covered in this casebook and others. This Essay addresses …