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Articles 324361 - 324390 of 545066

Full-Text Articles in Law

Education As A Fundamental Right: Challenging The Supreme Court's Jurisprudence, Timothy D. Lynch Jan 1998

Education As A Fundamental Right: Challenging The Supreme Court's Jurisprudence, Timothy D. Lynch

Hofstra Law Review

No abstract provided.


Recognizing An Independent Tort Action Will Spoil A Spoliator's Splendor, Jay E. Rivlin Jan 1998

Recognizing An Independent Tort Action Will Spoil A Spoliator's Splendor, Jay E. Rivlin

Hofstra Law Review

No abstract provided.


"Thinking Like A Lawyer" Or Acting Like A Judge?: A Response To Professor Simon, David N. Yellen Jan 1998

"Thinking Like A Lawyer" Or Acting Like A Judge?: A Response To Professor Simon, David N. Yellen

Hofstra Law Review

No abstract provided.


Unjust Justice In Parallel Proceedings: Preventing Circumvention Of Criminal Discovery Rules, Randy S. Eckers Jan 1998

Unjust Justice In Parallel Proceedings: Preventing Circumvention Of Criminal Discovery Rules, Randy S. Eckers

Hofstra Law Review

No abstract provided.


Campaign Finance Reform In The 105th Congress: The Failure To Address Self-Financed Candidates, Samuel M. Walker Jan 1998

Campaign Finance Reform In The 105th Congress: The Failure To Address Self-Financed Candidates, Samuel M. Walker

Hofstra Law Review

No abstract provided.


Evidence, Race, Intent, And Evil: The Paradox Of Purposelessness In The Constitutional Racial Discrimination Cases, David Crump Jan 1998

Evidence, Race, Intent, And Evil: The Paradox Of Purposelessness In The Constitutional Racial Discrimination Cases, David Crump

Hofstra Law Review

No abstract provided.


How Much Freedom For Racist Speech?: Transnational Aspects Of A Conflict Of Human Rights, Friedrich Kübler Jan 1998

How Much Freedom For Racist Speech?: Transnational Aspects Of A Conflict Of Human Rights, Friedrich Kübler

Hofstra Law Review

No abstract provided.


Growth In Disability Benefits: Explanations And Policy Implications, Kalman Rupp Editor, David C. Stapleton Editor Jan 1998

Growth In Disability Benefits: Explanations And Policy Implications, Kalman Rupp Editor, David C. Stapleton Editor

Upjohn Press

This collection of original papers reveals why caseloads of the nation's two largest income entitlement programs for disability - Social Security Disability Income (SSDI) and Supplemental Security Income (SSI) - have soared.


Terry V. Ohio's Fourth Amendment Legacy: Black Men And Police Discretion, Tracey Maclin Jan 1998

Terry V. Ohio's Fourth Amendment Legacy: Black Men And Police Discretion, Tracey Maclin

UF Law Faculty Publications

No abstract provided.


Title Page Jan 1998

Title Page

Missouri Law Review

No abstract provided.


Table Of Contents--Issue 4 Jan 1998

Table Of Contents--Issue 4

Missouri Law Review

No abstract provided.


New Standard For Admissibility Of Alcohol Consumption By A Party And A Higher Standard Of Proof For Punitive Damages, Heather L. Reinsch Jan 1998

New Standard For Admissibility Of Alcohol Consumption By A Party And A Higher Standard Of Proof For Punitive Damages, Heather L. Reinsch

Missouri Law Review

No abstract provided.


Impact Of Nineteenth Century Missouri Courts Upon Emerging Industry: Chambers Of Commerce Or Chambers Of Justice, Thomas C. Clark Jan 1998

Impact Of Nineteenth Century Missouri Courts Upon Emerging Industry: Chambers Of Commerce Or Chambers Of Justice, Thomas C. Clark

Missouri Law Review

No abstract provided.


Seizures Of Containers Using The Plain Feel Doctrine: Did Missouri Go Too Far--Or When Is A Pill Bottle Just A Pill Bottle, Daniel E. Blegen Jan 1998

Seizures Of Containers Using The Plain Feel Doctrine: Did Missouri Go Too Far--Or When Is A Pill Bottle Just A Pill Bottle, Daniel E. Blegen

Missouri Law Review

No abstract provided.


Constitutionality Of Drug Enforcement Checkpoints In Missouri, The, Scott A. White Jan 1998

Constitutionality Of Drug Enforcement Checkpoints In Missouri, The, Scott A. White

Missouri Law Review

No abstract provided.


Maryland's Constitutional One-Subject Rule: Neither A Dead Letter Nor An Undue Restriction, M. Albert Figinski Jan 1998

Maryland's Constitutional One-Subject Rule: Neither A Dead Letter Nor An Undue Restriction, M. Albert Figinski

University of Baltimore Law Review

No abstract provided.


Notes: Adloo V. H.T. Brown Real Estate, Inc.: "Caveat Exculpator" — An Exculpatory Clause May Not Be Effective Under Maryland's Heightened Level Of Scrutiny, Kevin G. Hroblak Jan 1998

Notes: Adloo V. H.T. Brown Real Estate, Inc.: "Caveat Exculpator" — An Exculpatory Clause May Not Be Effective Under Maryland's Heightened Level Of Scrutiny, Kevin G. Hroblak

University of Baltimore Law Review

No abstract provided.


Notes: Sullns V. Allstate: Lead Paint And The Growing Ambiguity Of The Pollution Exclusion Clause, Kurt C. Schultheis Jan 1998

Notes: Sullns V. Allstate: Lead Paint And The Growing Ambiguity Of The Pollution Exclusion Clause, Kurt C. Schultheis

University of Baltimore Law Review

No abstract provided.


University Of Baltimore Law Review Volume 28 Number 1 (Fall 1998) Front Matter Jan 1998

University Of Baltimore Law Review Volume 28 Number 1 (Fall 1998) Front Matter

University of Baltimore Law Review

No abstract provided.


Rule 412 Laid Bare: A Procedural Rule That Cannot Adequately Protect Sexual Harassment Plaintiffs From Embarrassing Exposure, Andrea A. Curcio Jan 1998

Rule 412 Laid Bare: A Procedural Rule That Cannot Adequately Protect Sexual Harassment Plaintiffs From Embarrassing Exposure, Andrea A. Curcio

Faculty Publications By Year

No abstract provided.


Hearing Voices: Why The Academy Needs Clinical Scholarship, Clark D. Cunningham Jan 1998

Hearing Voices: Why The Academy Needs Clinical Scholarship, Clark D. Cunningham

Faculty Publications By Year

No abstract provided.


National Bankruptcy Review Commission Tax Recommendations: Notice, Jurisdiction, And Corporate Debtors, Jack F. Williams Jan 1998

National Bankruptcy Review Commission Tax Recommendations: Notice, Jurisdiction, And Corporate Debtors, Jack F. Williams

Faculty Publications By Year

Pursuant to congressional mandate, the National Bankruptcy Review Commission (NBRC) reported its recommendations for modification of the Bankruptcy Reform Act of 1978, as amended (the Bankruptcy Code), to the President, Congress, and Chief Justice of the Supreme Court on October 20, 1997. This Article, the second and final installment analyzing the tax recommendations of the NBRC, focuses on the proposed revisions relating to, among other things, taxation of corporate and partnership debtor estates. In particular, this Article discusses the requirement of reasonable notice to the government, bankruptcy court jurisdiction over tax controversies, bankruptcy administration affecting tax matters, chapter 11 plan …


Arbitration Agreements: Should A Union Be Allowed To Make Collective Bargaining Agreements That Bind Individuals' Federal Statutory Claims To Arbitration - Brisentine V. Stone & (And) Webster Engineering Corp., Troy Groat Jan 1998

Arbitration Agreements: Should A Union Be Allowed To Make Collective Bargaining Agreements That Bind Individuals' Federal Statutory Claims To Arbitration - Brisentine V. Stone & (And) Webster Engineering Corp., Troy Groat

Journal of Dispute Resolution

With the constant increase of employment litigation2 among individuals, unions and companies, the use of arbitration clauses continues to grow each day. While it is clear that arbitration clauses can be beneficial, it is not clear when and in what situations they should be binding, and hence, waive the rights of parties to have their day in court. Against this backdrop, the Brisentine court faced the issue of whether a union, when making a collective bargaining agreement, can bind individual employee's federal statutory rights to arbitration


State Common-Law Choice-Of-Law Doctrine And Same-Sex "Marriage": How Will States Enforce The Public Policy Exception?, L. Lynn Hogue Jan 1998

State Common-Law Choice-Of-Law Doctrine And Same-Sex "Marriage": How Will States Enforce The Public Policy Exception?, L. Lynn Hogue

Faculty Publications By Year

Growth in the number of states legalizing same-sex marriages and civil unions that increasingly mirror the rights afforded married partners has brought renewed focus on the issue of extra-territorial recognition of those relationships. The public policy exception is a primary, state-law-based impediment to the recognition of foreign marriages that do not conform to the forum state's definition of marriage. This article discusses the role of the public policy exception in rejecting recognition of foreign marriages and argues that the public policy exception has constitutional underpinnings that are rooted in principles of federalism and the protection of state sovereignty which inheres …


An Overview Of Defenses Available To Guarantors Of Real Property Secured Transactions Under California Law, Maxwell M. Freeman, Elizabeth Freeman Gurev Jan 1998

An Overview Of Defenses Available To Guarantors Of Real Property Secured Transactions Under California Law, Maxwell M. Freeman, Elizabeth Freeman Gurev

Santa Clara Law Review

No abstract provided.


The International Criminal Court: History, Development And Status, J. Holmes Armstead Jr. Jan 1998

The International Criminal Court: History, Development And Status, J. Holmes Armstead Jr.

Santa Clara Law Review

No abstract provided.


The Need For Takings Law Reform: A View From The Trenches - A Response To Taking Stock Of The Takings Debate, Michael M. Berger, Gideon Kanner Jan 1998

The Need For Takings Law Reform: A View From The Trenches - A Response To Taking Stock Of The Takings Debate, Michael M. Berger, Gideon Kanner

Santa Clara Law Review

No abstract provided.


The Politics Behind Federal Rules Of Evidence 413, 414, And 415, Michael S. Ellis Jan 1998

The Politics Behind Federal Rules Of Evidence 413, 414, And 415, Michael S. Ellis

Santa Clara Law Review

No abstract provided.


Section 2254(D) Of The New Habeas Statute: An (Opinionated) User's Manual, Evan T. Lee Jan 1998

Section 2254(D) Of The New Habeas Statute: An (Opinionated) User's Manual, Evan T. Lee

Vanderbilt Law Review

The Anti-Terrorism and Effective Death Penalty Act of 1996 made wholesale changes to the federal habeas corpus statute. In particular, the statute contains a new section 2254(d), which controls the standards that federal habeas courts must employ when reviewing state convictions. This new provision governing the standards of review applies generally to petitions filed after April 24, 1996, the effective date of the Act. The provision's text, however, is critically ambiguous in several respects. Because most of the federal circuit courts of appeal have not yet settled even basic interpretive questions about section 2254(d), federal district courts and circuit panels …


Empowering And Protecting Patients: Lessons For Physician-Assisted Suicide From The African-American Experience, Leslie E. Wolf, Patricia A. King Jan 1998

Empowering And Protecting Patients: Lessons For Physician-Assisted Suicide From The African-American Experience, Leslie E. Wolf, Patricia A. King

Faculty Publications By Year

No abstract provided.