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Articles 8401 - 8430 of 9176

Full-Text Articles in Jurisprudence

Interpretation In Law - Toward A Reconstruction Of The Current Debate, Dennis M. Patterson Jan 1983

Interpretation In Law - Toward A Reconstruction Of The Current Debate, Dennis M. Patterson

Villanova Law Review (1956 - )

No abstract provided.

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Iii. Recent French Extradition Cases, Michigan Journal Of International Law Jan 1983

Iii. Recent French Extradition Cases, Michigan Journal Of International Law

Michigan Journal of International Law

This section of the appendix contains the first published collection of recent French extradition cases dealing with the application of the political offense exception to terrorists. Because of the selective fashion in which French decisional law is reported, many French extradition cases are never reproduced in any French case reporter. The purpose of this appendix is to provide an English speaking audience with the substance of opinions which are otherwise nearly impossible to obtain. The editors hope that this collection will aid comparative research and contribute to an informed debate on the political offense exception.

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The Meaning Of Judicial Self-Restraint, Richard A. Posner Jan 1983

The Meaning Of Judicial Self-Restraint, Richard A. Posner

Indiana Law Journal

No abstract provided.

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The Emergence Of Punitive Damages In Product Liability Actions: A Further Assault On The Citadel., James B. Sales Jan 1983

The Emergence Of Punitive Damages In Product Liability Actions: A Further Assault On The Citadel., James B. Sales

St. Mary's Law Journal

Abstract Forthcoming.

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A Theory Of Equal Protection Symposium - Selected Topics On Constitutional Law., David A. Dittfurth Jan 1983

A Theory Of Equal Protection Symposium - Selected Topics On Constitutional Law., David A. Dittfurth

St. Mary's Law Journal

Equal protection must prohibit arbitrary governmental classifications or differentiation. The Supreme Court is a unique authority because of its power to create constitutional law and because of its symbolic position in this society as a bearer of the Constitution as aegis. The Fourteenth Amendment, which is derived from the Equal Protection Clause, is one of the most important areas of constitutional law. Governmental decisionmakers must consider equal protection doctrine since they are frequently required to discriminate among those arguably qualified in order to determine who should bear the burden of governmental action or receive the benefits of governmental largess. A …

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A Constitutional Analysis Of The English Literacy Requirement Of The Naturalization Act Symposium - Selected Topics On Constitutional Law., Ricardo Gonzalez Cedillo Jan 1983

A Constitutional Analysis Of The English Literacy Requirement Of The Naturalization Act Symposium - Selected Topics On Constitutional Law., Ricardo Gonzalez Cedillo

St. Mary's Law Journal

Abstract Forthcoming.

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Western Law And Communist Dictatorship, David F. Forte Jan 1983

Western Law And Communist Dictatorship, David F. Forte

Law Faculty Articles and Essays

To erect an order that can withstand such an attack, all appropriate and legitimate legal resources should be employed. First, individual acts of terror, by whomsoever committed, should be punished, first of all, by municipal criminal legislation. This municipal law should be strengthened by conventions and treaties requiring prosecution or extradition. Second, in addition to individual culpability fastened on soldiers who commit acts of terror, all legitimate responses in international law should be employed by and against the responsible state, including protest, diplomacy, and disciplinary mechanisms. Where the responsible state actually sponsors such actions, retorsion and reprisal should be considered, …

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An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag Jan 1983

An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag

Publications

No abstract provided.

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Pure Comparative Law And Legal Science In A Mixed Legal System, Lawrence G. Baxter Jan 1983

Pure Comparative Law And Legal Science In A Mixed Legal System, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.

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Turning The Gun On Tort Law: Aiming At Courts To Take Products Liability To The Limit., Donald E. Santarelli, Nicholas E. Calio Jan 1983

Turning The Gun On Tort Law: Aiming At Courts To Take Products Liability To The Limit., Donald E. Santarelli, Nicholas E. Calio

St. Mary's Law Journal

Abstract Forthcoming.

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The Justice Conundrum, Marshall J. Breger Jan 1983

The Justice Conundrum, Marshall J. Breger

Villanova Law Review (1956 - )

No abstract provided.

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The Current State Of Usury Law In Texas., Michele M. Hightower Jan 1983

The Current State Of Usury Law In Texas., Michele M. Hightower

St. Mary's Law Journal

Abstract Forthcoming.

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Lawyers' Negligence Liability To Non-Clients: A Texas Viewpoint., Brian J. Davis Jan 1983

Lawyers' Negligence Liability To Non-Clients: A Texas Viewpoint., Brian J. Davis

St. Mary's Law Journal

Courts should examine the relationship of a non-client to a negligent lawyer to determine whether a lawyer is liable to a non-client despite lack of privity. In most jurisdictions, attorneys enjoy the privity of contract requirement which limits their duty to exercise reasonable care. As a result, lawyers are normally immune to negligent malpractice actions brought by non-clients. Courts should examine the relationship between the attorney and the non-client to determine whether the requirement of privity is an overly restrictive limit on the lawyer’s scope of duty. These relationships can be classified into three categories. The first category involves plaintiffs …

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The Revised Texas Usury Ceilings - A New Alice In Wonderland., Frank A. St. Claire, Sara Greenwood Hogan Jan 1983

The Revised Texas Usury Ceilings - A New Alice In Wonderland., Frank A. St. Claire, Sara Greenwood Hogan

St. Mary's Law Journal

Abstract Forthcoming.

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An At-Will Employee May Be Fired Despite Motives Which Violate State Public Policy., Kelsey Menzel Jan 1983

An At-Will Employee May Be Fired Despite Motives Which Violate State Public Policy., Kelsey Menzel

St. Mary's Law Journal

Scholars generally agree children possess fewer rights than adults under the Constitution. Moreover, the school, as a restricted environment, places additional constraints on the constitutional rights of minors. In recent years, however, the Supreme Court extended to minor students the rights of equal protection and civil due process. In Tinker v. Des Moines Independent Community School District, the Court acknowledged children have First Amendment rights of self-expression in a school environment. This marked a significant change from the judiciary’s traditional reluctance to interfere in school matters. Subsequent First Amendment challenges to school board decisions have focused on library book removal. …

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The Due On Sale Clause In A Deed Of Trust Is Not An Invalid Restraint On The Alienation Of Property., Susan H. Cregor Jan 1983

The Due On Sale Clause In A Deed Of Trust Is Not An Invalid Restraint On The Alienation Of Property., Susan H. Cregor

St. Mary's Law Journal

Abstract Forthcoming.

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A Synopsis Of The Federal Juvenile Delinquency Act., William S. Sessions, Faye M. Bracey Jan 1983

A Synopsis Of The Federal Juvenile Delinquency Act., William S. Sessions, Faye M. Bracey

St. Mary's Law Journal

The Juvenile Justice and Delinquency Prevention Act of 1974 (Act) was passed by the United States Congress on September 7, 1974. The Act amended the Federal Juvenile Delinquency Act (FJDA) which had been virtually unchanged since its enactment in 1938. The Act sets up a procedural framework for the treatment of minors who are within the jurisdictional reach of a federal court due to the commission of an act which contradicts a federal criminal statute. With a thorough understanding of the original FJDA and its amendments, benefits, required procedures, and a juvenile’s constitutional rights, counsel for a juvenile offender in …

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Reciprocal Agreements In Shopping Center Developments., Thomas J. Terkel Jan 1983

Reciprocal Agreements In Shopping Center Developments., Thomas J. Terkel

St. Mary's Law Journal

Abstract Forthcoming.

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The Windfall Profit Tax Exposed., J. Matthew Dow Jan 1983

The Windfall Profit Tax Exposed., J. Matthew Dow

St. Mary's Law Journal

Abstract Forthcoming.

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Exemption Of Government Securities Vs. State Taxation Of Bank Stock: A Legal Tug-Of-War., Thomas M. Schlenker Jan 1983

Exemption Of Government Securities Vs. State Taxation Of Bank Stock: A Legal Tug-Of-War., Thomas M. Schlenker

St. Mary's Law Journal

Abstract Forthcoming.

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Community Property - Division Of Property Upon Divorce - Property Acquired During Marriage In A Common Law State Except By Gift, Devise, Or Descent Should Be Treated As Community Property., David H. Brock Jan 1983

Community Property - Division Of Property Upon Divorce - Property Acquired During Marriage In A Common Law State Except By Gift, Devise, Or Descent Should Be Treated As Community Property., David H. Brock

St. Mary's Law Journal

Abstract Forthcoming.

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Profits Derived From Racketeering Activity Are Forfeitable Interests Under 18 U.S.C. Section 1963., William Maines Jan 1983

Profits Derived From Racketeering Activity Are Forfeitable Interests Under 18 U.S.C. Section 1963., William Maines

St. Mary's Law Journal

Abstract Forthcoming.

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Representative Democracy Symposium - Selected Topics On Constitutional Law., Glen E. Thurow Jan 1983

Representative Democracy Symposium - Selected Topics On Constitutional Law., Glen E. Thurow

St. Mary's Law Journal

Abstract Forthcoming.

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An Overview Of Prisoners' Rights: Part I, Access To The Courts Under Section 1983 Symposium - Selected Topics On Constitutional Law - Comment., James M. Hill Jan 1983

An Overview Of Prisoners' Rights: Part I, Access To The Courts Under Section 1983 Symposium - Selected Topics On Constitutional Law - Comment., James M. Hill

St. Mary's Law Journal

Abstract Forthcoming.

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An Overview Of Prisoners' Rights: Part Ii, Conditions Of Confinement Under The First And Eighth Amendments Symposium - Selected Topics On Constitutional Law - Comment., Bobby Scheihing Jan 1983

An Overview Of Prisoners' Rights: Part Ii, Conditions Of Confinement Under The First And Eighth Amendments Symposium - Selected Topics On Constitutional Law - Comment., Bobby Scheihing

St. Mary's Law Journal

Abstract Forthcoming.

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Sporhase, The Commerce Clause, And State Power To Conserve Natural Resources - Is The Local Well Running Dry Symposium - Selected Topics On Constitutional Law - Comment., Nancy Nowlin Kerr Jan 1983

Sporhase, The Commerce Clause, And State Power To Conserve Natural Resources - Is The Local Well Running Dry Symposium - Selected Topics On Constitutional Law - Comment., Nancy Nowlin Kerr

St. Mary's Law Journal

Abstract Forthcoming.

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Board Of Education V. Pico: School Library Book Removal And The First Amendment Symposium - Selected Topics On Constitutional Law - Comment., Kelsey Menzel Jan 1983

Board Of Education V. Pico: School Library Book Removal And The First Amendment Symposium - Selected Topics On Constitutional Law - Comment., Kelsey Menzel

St. Mary's Law Journal

Abstract Forthcoming.

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The Fairness Doctrine: Protection For A Scarce Public Resource Symposium - Selected Topics On Constitutional Law - Comment., Constance Sheppard Jan 1983

The Fairness Doctrine: Protection For A Scarce Public Resource Symposium - Selected Topics On Constitutional Law - Comment., Constance Sheppard

St. Mary's Law Journal

Abstract Forthcoming.

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Constitutional Law - Presidential Immunity - The President Is Absolutely Immmune From Civil Damages Liability For Acts Done Within The Outer Perimeter Of His Official Capacity Symposium - Selected Topics On Constitutional Law - Case Note., Laura H. Burney Jan 1983

Constitutional Law - Presidential Immunity - The President Is Absolutely Immmune From Civil Damages Liability For Acts Done Within The Outer Perimeter Of His Official Capacity Symposium - Selected Topics On Constitutional Law - Case Note., Laura H. Burney

St. Mary's Law Journal

Abstract Forthcoming.

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Beyond Cases: Reconsidering Judicial Review, Janet S. Lindgren Jan 1983

Beyond Cases: Reconsidering Judicial Review, Janet S. Lindgren

Journal Articles

No abstract provided.

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