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Articles 1951 - 1980 of 2171
Full-Text Articles in Jurisprudence
The Concept Of Offensiveness In Establishment And Free Exercise Jurisprudence, William P. Marshall
The Concept Of Offensiveness In Establishment And Free Exercise Jurisprudence, William P. Marshall
Indiana Law Journal
No abstract provided.
Authoritarianism And The Rule Of Law, Lynne Henderson
Authoritarianism And The Rule Of Law, Lynne Henderson
Indiana Law Journal
No abstract provided.
Alabama V. White: Anonymous Tip Held Sufficient Basis For Investigatory Stop Under Fourth Amendment, 24 J. Marshall L. Rev. 909 (1991), Martin K. Berks
Alabama V. White: Anonymous Tip Held Sufficient Basis For Investigatory Stop Under Fourth Amendment, 24 J. Marshall L. Rev. 909 (1991), Martin K. Berks
UIC Law Review
No abstract provided.
Horton V. California: The Plain View Doctrine Loses Its Inadvertency, 24 J. Marshall L. Rev. 891 (1991), John A. Mack
Horton V. California: The Plain View Doctrine Loses Its Inadvertency, 24 J. Marshall L. Rev. 891 (1991), John A. Mack
UIC Law Review
No abstract provided.
Voluntary Affirmative Action In Employment For Women And Minorities Under Title Vii Of The Civil Rights Act: Extending Possibilities For Employers To Engage In Preferential Treatment To Achieve Equal Employment Opportunity, 24 J. Marshall L. Rev. 731 (1991), Chris Engels
UIC Law Review
No abstract provided.
Engaging The Spectrum: Civic Virtue And The Protection Of Student Voice In School Sponsored Forums, 24 J. Marshall L. Rev. 339 (1991), Robert R. Verchick
Engaging The Spectrum: Civic Virtue And The Protection Of Student Voice In School Sponsored Forums, 24 J. Marshall L. Rev. 339 (1991), Robert R. Verchick
UIC Law Review
No abstract provided.
"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers
"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers
Law Faculty Scholarly Articles
Possibly the most unsettling phenomenon in the Supreme Court's 1988 term was Justice White's decision to vote contrary to his own exhaustively stated reasoning in Pennsylvania v. Union Gas Co. His unexplained decision to vote against the result of his own analysis lends support to those who argue that law, or at least constitutional law, is fundamentally indeterminate. Proponents of the indeterminacy argument sometimes base their position on the allegedly inescapable inconsistency of decisions made by a multi-member court. There is an answer to the inconsistency argument, but it founders if justices sometimes vote, without explanation, on the basis of …
The Exclusionary Rule And Confession Evidence: Some Perspectives On Evolving Practices And Policies In The United States And England And Wales, Mark Berger
Faculty Works
No abstract provided.
Review Of Affirmative Action After Metro Broadcasting V. Fcc: The Solution Almost Nobody Wanted, Douglas O. Linder
Review Of Affirmative Action After Metro Broadcasting V. Fcc: The Solution Almost Nobody Wanted, Douglas O. Linder
Faculty Works
No abstract provided.
Fourth, Fifth, And Sixth Amendments, William E. Hellerstein
Fourth, Fifth, And Sixth Amendments, William E. Hellerstein
Touro Law Review
No abstract provided.
The First Amendment, Burt Neuborne
Bats And Owls And The Insane Moon: The Search For The Republic's Unwritten Constitution, E. F. Roberts
Bats And Owls And The Insane Moon: The Search For The Republic's Unwritten Constitution, E. F. Roberts
Cornell Law Faculty Publications
No abstract provided.
Sex, Lies And Videotape: The Pornographer As Censor, Marianne Wesson
Sex, Lies And Videotape: The Pornographer As Censor, Marianne Wesson
Publications
The legal branch of the women's movement, although of one mind on some subjects, is divided on the proper approach to pornography. Some feminists oppose the imposition of any legal burdens on pornography because they fear that feminist speech will be caught in the general suppression, and others believe that any such burdens must violate the first amendment. Professor Wesson suggests that pornography should be defined to include only those materials that equate sexual pleasure with the infliction of violence or pain, and imply approval of conduct that generates the actor's arousal or satisfaction through this infliction. So defined, pornography …
Charter Challenges: A Test Case For Theories Of Law, W. J. Waluchow
Charter Challenges: A Test Case For Theories Of Law, W. J. Waluchow
Osgoode Hall Law Journal
The author's primary objective is to show that versions of legal positivism, according to which legal validity sometimes depends on moral validity (Inclusive Legal Positivism), are theoretically preferable to those forms of positivism (Exclusive Legal Positivism) which deny this possibility. The author attempts to substantiate this conclusion by demonstrating that Inclusive Legal Positivism provides a better theoretical account of challenges to legal validity based on a document like the Canadian Charter of Rights and Freedoms. His secondary aim is to show that the choice between Inclusive and Exclusive Legal Positivism can have important consequences for legal practice.
Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman
Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman
Touro Law Review
No abstract provided.
Right-To-Die, Bruce Morton
Validity Of New York State Ethics Commission Rule 932.2 Barring Public Officers From Holding Political Party Office, William Josephson, Beverly Jean Ross
Validity Of New York State Ethics Commission Rule 932.2 Barring Public Officers From Holding Political Party Office, William Josephson, Beverly Jean Ross
Touro Law Review
No abstract provided.
Gender Based Peremptory Challenges And The New York State Constitution, Frederick T. Kelsey
Gender Based Peremptory Challenges And The New York State Constitution, Frederick T. Kelsey
Touro Law Review
No abstract provided.
Interaction Between State And Federal Right To Counsel: The Overruling Of Bartolomeounsel: The Overruling Of Bartolomeo, Joseph D. Sullivan
Interaction Between State And Federal Right To Counsel: The Overruling Of Bartolomeounsel: The Overruling Of Bartolomeo, Joseph D. Sullivan
Touro Law Review
No abstract provided.