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Articles 61 - 90 of 161
Full-Text Articles in Jurisprudence
The Effect Of The Provision Of Certain Treatment Programs On Length Of Stay For 1370 Commitments, Brooks Benjamin Roll
The Effect Of The Provision Of Certain Treatment Programs On Length Of Stay For 1370 Commitments, Brooks Benjamin Roll
Theses Digitization Project
No abstract provided.
The Supreme Court As The Cheshire Cat: Escaping The Section 1983 Wonderland, Jose R. "Beto" Juarez
The Supreme Court As The Cheshire Cat: Escaping The Section 1983 Wonderland, Jose R. "Beto" Juarez
Faculty Scholarship
No abstract provided.
The Cause, Effect And Constitutional Consequence Of Unequal Funding: Public Education In Illinois, 26 J. Marshall L. Rev. 399 (1993), John F. Watson
The Cause, Effect And Constitutional Consequence Of Unequal Funding: Public Education In Illinois, 26 J. Marshall L. Rev. 399 (1993), John F. Watson
UIC Law Review
No abstract provided.
A Survey Of Article Iii Procedural Issues Considered At The Federal Circuit During Its First Decade, 27 J. Marshall L. Rev. 25 (1993), Jerry R. Selinger
A Survey Of Article Iii Procedural Issues Considered At The Federal Circuit During Its First Decade, 27 J. Marshall L. Rev. 25 (1993), Jerry R. Selinger
UIC Law Review
No abstract provided.
Supreme Court Rule 219: The Consequences Of Refusal To Comply With Rules Or Orders Relating To Discovery Or Pretrial Conferences, Leonard E. Gross
Supreme Court Rule 219: The Consequences Of Refusal To Comply With Rules Or Orders Relating To Discovery Or Pretrial Conferences, Leonard E. Gross
Loyola University Chicago Law Journal
No abstract provided.
Framing A Texas Bill Of Rights Argument., James C. Harrington
Framing A Texas Bill Of Rights Argument., James C. Harrington
St. Mary's Law Journal
As federal courts have allowed individual rights to diminish, the Texas judiciary nurtures state constitutional jurisprudence. Texas has a unique history requiring special care in approaching the construction and presentation of arguments utilizing the Texas Constitution or Texas Bill of Rights. The state constitution evolved over six revisions resulting with the eventual ratification of the final version in 1876. A confluence of goals ultimately resulted in a document where the bill of rights appears in Article I and by specifically framing individual liberties as affirmative rights rather than restrictions of government power. Four modes of interpretation are typically employed when …
The Legal Dilemma Of Groundwater Under The Integrated Environmental Plan For The Mexican-United States Border Area., M. Diane Barber
The Legal Dilemma Of Groundwater Under The Integrated Environmental Plan For The Mexican-United States Border Area., M. Diane Barber
St. Mary's Law Journal
This paper will explore the dilemma of implementing an appropriate legal format to best guide proposals for resolution of groundwater contamination. It will review groundwater under the Integrated Environmental Plan for the Mexico-United States Border Area (the Plan) and examine groundwater law in Mexico and in the four border states from a historical perspective. It will consider existing agreements between the two countries and propose adoption of the Bellagio Draft Treaty as the only legally viable means of achieving long-term remedial groundwater solutions. This paper, however, will also note isolated situations may be effectively addressed by the IBWC Minute, pending …
Mexico's Accession To The Gatt: A Catalyst At Odds With The Outcome., John M. Vernon
Mexico's Accession To The Gatt: A Catalyst At Odds With The Outcome., John M. Vernon
St. Mary's Law Journal
The history behind Mexico’s accession to the General Agreement on Tariffs and Trade (GATT) sheds light on Mexico’s progression toward improved bilateral trade relations with the United States. Mexico embarked on its modernization and reform path with its accession to the GATT in 1987. The recent initialing of the North American Free Trade Agreement (NAFTA) by Canada, Mexico, and the United States is a symbolic event in the continued globalization of the world economy. The trilateral NAFTA is revolutionary because of Mexico’s participation. Part II of this article addresses Mexico’s progression toward accession to the GATT. Part III provides an …
The Arbitration Of Private Commercial Disputes Between Residents Of Texas And Mexico., Wayne I. Fagan, Carlos Gabuardi Arreola
The Arbitration Of Private Commercial Disputes Between Residents Of Texas And Mexico., Wayne I. Fagan, Carlos Gabuardi Arreola
St. Mary's Law Journal
This paper evaluates whether the Texas International Arbitration Act (TIAA) will be a helpful addition to the laws governing arbitration of private commercial disputes between residents of Texas and Mexico. Owing to differences among cultures, languages, and legal systems, attorneys in the United States and in Mexico are turning to binding arbitration for the resolution of international disputes. Texas enacted an International Arbitration Act in 1989 to foster expanded international trade and facilitate resolution of international commercial disputes through conciliation and arbitration. Proponents of international arbitration argue it is the method of choice for resolution of private commercial disputes due …
Amendments To The General Law Of Business Associations., Raul S. Moreyra
Amendments To The General Law Of Business Associations., Raul S. Moreyra
St. Mary's Law Journal
Abstract Forthcoming.
Transracial Adoption In Texas: Should The Best Interests Standard Be Color-Blind., Jo Beth Eubanks
Transracial Adoption In Texas: Should The Best Interests Standard Be Color-Blind., Jo Beth Eubanks
St. Mary's Law Journal
Legislative amendments must go further than limiting race from being a primary factor in adoptions; amendments must eliminate race as an acceptable factor. Diverging opinions of “race matching” in foster care and adoption exist. Administrative policies regulating adoption hold that same-race placement, between the adoptive parent and child, is a primary consideration when awarding custody in Texas. Basing child placement on the race or ethnicity of the parties involved raises serious constitutional concerns. The best interest standard is the predominant method in determining child placement, for both custody and adoption proceedings. The premise of the best interest standard is prioritization …
A License To Kill: The Categorical Exemption Of The Mentally Retarded From The Death Penalty., David L. Rumley
A License To Kill: The Categorical Exemption Of The Mentally Retarded From The Death Penalty., David L. Rumley
St. Mary's Law Journal
This Comment will show there is no merit to the argument the Eighth Amendment prohibits the imposition of capital punishment on all persons considered mentally retarded. This Comment begins with an overview of the historical treatment of mental disabilities, articulating the levels of mental deficiency required for exculpation of criminal responsibility. Next, this Comment discusses the characteristics of persons with mental retardation. This Comment will also discuss the recently enacted statutes’ use of I.Q. tests for determinations of mental retardation. In analyzing these statutes, it becomes apparent a person’s I.Q. should not be prima-facie proof of mental retardation, although state …
Tending The Bar In Texas: Alcoholism As A Mitigating Factor In Attorney Discipline., Patricia Sue Heil
Tending The Bar In Texas: Alcoholism As A Mitigating Factor In Attorney Discipline., Patricia Sue Heil
St. Mary's Law Journal
This Comment describes the nature and scope of alcoholism and chemical dependency in the legal profession. It reviews the current state of the law regarding alcoholism as a mitigating factor in attorney discipline. Addictive illnesses manifest themselves in ways which leave afflicted attorneys unable to practice law in accordance with professional rules of conduct. The majority of attorney-discipline cases involve alcoholism or chemical dependency. An attorney whose illness remains untreated will likely become the subject of grievance-committee investigations. For disciplinary cases involving alcoholism, a suggested analysis includes establishing a nexus between illness and misconduct. Additionally, it includes a causal connection …
Decriminalizing Prostitution: Liberalization Or Dehumanization?, Jeanne Schroeder
Decriminalizing Prostitution: Liberalization Or Dehumanization?, Jeanne Schroeder
Cardozo Journal of Equal Rights & Social Justice
The article explores the contentious debate over the decriminalization of prostitution, examining whether it represents liberalization or dehumanization. It highlights the complexities of the issue, emphasizing that decriminalization is not a straightforward solution but rather a deeply contested and multifaceted question. The discussion underscores the need to consider the ethical, legal, and societal implications of prostitution, particularly its impact on women, who are disproportionately affected by both the practice and its criminalization.
German Constitutional Culture In Transition, Bernhard Schlink
German Constitutional Culture In Transition, Bernhard Schlink
Cardozo Law Review
No abstract provided.
Rhetorical Resonance And Constitutional Vision, W. Cole Durham Jr.
Rhetorical Resonance And Constitutional Vision, W. Cole Durham Jr.
Cardozo Law Review
No abstract provided.
Moral Reasoning And The Quest For Legitimacy, Michael D. Daneker
Moral Reasoning And The Quest For Legitimacy, Michael D. Daneker
American University Law Review
No abstract provided.
Toward A First Amendment Jurisprudence Of Respect: A Comment On George Fletcher’S Constitutional Identity, Robin West
Toward A First Amendment Jurisprudence Of Respect: A Comment On George Fletcher’S Constitutional Identity, Robin West
Cardozo Law Review
No abstract provided.
The Death Penalty: A Solution To The Problem Of Intentional Aids Transmission Through Rape, 26 J. Marshall L. Rev. 941 (1993), Stefanie S. Wepner
The Death Penalty: A Solution To The Problem Of Intentional Aids Transmission Through Rape, 26 J. Marshall L. Rev. 941 (1993), Stefanie S. Wepner
UIC Law Review
No abstract provided.
The Material Basis Of Jurisprudence, Richard A. Posner
The Material Basis Of Jurisprudence, Richard A. Posner
Indiana Law Journal
No abstract provided.
On First Considering Whether Law Binds, Rex J. Zedalis
On First Considering Whether Law Binds, Rex J. Zedalis
Indiana Law Journal
No abstract provided.
Nurture And Natural Law, David F. Forte
Nurture And Natural Law, David F. Forte
Law Faculty Articles and Essays
The state cannot take the place of the nurturing acts between individuals. It can assist the formation of those relationships. It can seek to prevent the vulnerabilities present in intimate relationships from resulting in harm (spousal abuse or abortion, for example), but it cannot construct its own alternative to how humans can beneficially interact. It can coordinate the generic basics of security, subsistence, and education; it can encourage patterns of nurturing (parental involvement in education, a wider range of information available in abortion decisions, welfare policies that reward bonding and independence); it can seek to prevent harm (rescuing those in …
Conservatism And The Rehnquist Court, David F. Forte
Conservatism And The Rehnquist Court, David F. Forte
Law Faculty Articles and Essays
Now that the Supreme Court has been overwhelmingly staffed by appointees of Republican Presidents, we can ask: To what extent have they been faithful to the original version of the Constitution as articulated during its early years? How have they revivified the structural protections? How have they communicated an ethical sense of their own role in the structure? The answer, unfortunately, is that the record remains disappointing.
The Amazing Three-Headed Limited Partner: Reflections On Old Loopholes And New Jurisprudence, Lisa Philipps
The Amazing Three-Headed Limited Partner: Reflections On Old Loopholes And New Jurisprudence, Lisa Philipps
Articles & Book Chapters
No abstract provided.
Bias In The Washington Courts: A Call For Reform, Melisa D. Evangelos
Bias In The Washington Courts: A Call For Reform, Melisa D. Evangelos
Seattle University Law Review
Because of the documented threat that racial and gender bias pose to the effective administration of justice in Washington, this Comment advocates amending the Washington Rules of Professional Conduct to explicitly make intentional gender and racial bias an act of attorney misconduct and to discipline any attorney who engages in such behavior. Section I of this Comment identifies and describes instances of attorney behavior that result in gender and racial bias and explains the impact of such bias on attorneys, clients, and the judicial system. Section II explores similar anti-bias rules proposed or in place in other states. Section III …
Apostle Of Fundamental Fairness: New York Court Of Appeals Judge Stewart F. Hancock, Jr.'S State Constitutional Decision-Making, Thompson Gould Page
Apostle Of Fundamental Fairness: New York Court Of Appeals Judge Stewart F. Hancock, Jr.'S State Constitutional Decision-Making, Thompson Gould Page
Touro Law Review
No abstract provided.