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2003

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Articles 181 - 210 of 230

Full-Text Articles in Law and Society

The Death Penalty: Where Are We Now?, Robert Blecker Jan 2003

The Death Penalty: Where Are We Now?, Robert Blecker

NYLS Law Review

No abstract provided.


Class And Status In American Law: Race, Interest, And The Anti-Transformation Cases, Martha R. Mahoney Jan 2003

Class And Status In American Law: Race, Interest, And The Anti-Transformation Cases, Martha R. Mahoney

Articles

No abstract provided.


Leveling The Playing Field: Federal Rules Of Evidence 412 & 415: Evidence Class As A Platform For Larger (More Important) Lessons, Jane H. Aiken Jan 2003

Leveling The Playing Field: Federal Rules Of Evidence 412 & 415: Evidence Class As A Platform For Larger (More Important) Lessons, Jane H. Aiken

Georgetown Law Faculty Publications and Other Works

Teachers often approach Federal Rules of Evidence 412 and 415 with trepidation. After all, it means that a law teacher will have to talk about sex, with a group (often a large group) of law students - many of whom are in their early twenties and have never had a non-peer conversation about sex. It looks like a recipe for disaster. Let me suggest just the opposite - it offers the law teacher an opportunity to address perhaps one of the most important lessons of law school: the law only works if there is a level playing field.


Constitutional Legitimacy, Randy E. Barnett Jan 2003

Constitutional Legitimacy, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

The problem of constitutional legitimacy is to establish why anyone should obey the command of a constitutionally-valid law. A lawmaking system is legitimate if there is a prima facie duty to obey the laws it makes. Neither "consent of the governed" nor "benefits received" justifies obedience. Rather, a prima facie duty of obedience exists either (a) if there is actual unanimous consent to the jurisdiction of the lawmaker or, in the absence of consent, (b) f laws are made by procedures which assure that they are not unjust. In the absence of unanimous consent, a written constitution should be assessed …


Poverty, Welfare, And The Affirmative State [Comments], Frank W. Munger Jan 2003

Poverty, Welfare, And The Affirmative State [Comments], Frank W. Munger

Articles & Chapters

No abstract provided.


Shopping For Religion: The Change In Everyday Religious Practice And Its Importance To The Law, Rebecca Redwood French Jan 2003

Shopping For Religion: The Change In Everyday Religious Practice And Its Importance To The Law, Rebecca Redwood French

Journal Articles

No abstract provided.


Le 'Noble Mensonge' De L'Amérique Après Le 11 Septembre [Written As Constituting A Nation, Making A Home, After September 11th], David A. Westbrook Jan 2003

Le 'Noble Mensonge' De L'Amérique Après Le 11 Septembre [Written As Constituting A Nation, Making A Home, After September 11th], David A. Westbrook

Journal Articles

No abstract provided.


A Dedication To Chesterfield H. Smith, Scott D. Makar Jan 2003

A Dedication To Chesterfield H. Smith, Scott D. Makar

University of Florida Journal of Law & Public Policy

No abstract provided.


Dedication, Chesterfield H. Smith Jan 2003

Dedication, Chesterfield H. Smith

University of Florida Journal of Law & Public Policy

No abstract provided.


Diversity Matters: Race, Gender, And Ethnicity In Legal Education, Nancy E. Dowd, Kenneth B. Nunn, Jane E. Pendergast Jan 2003

Diversity Matters: Race, Gender, And Ethnicity In Legal Education, Nancy E. Dowd, Kenneth B. Nunn, Jane E. Pendergast

University of Florida Journal of Law & Public Policy

No abstract provided.


Bradley, Breyer, Bush And Beyond: The Legal Realism Of Legal History, Benjamin C. Block Jan 2003

Bradley, Breyer, Bush And Beyond: The Legal Realism Of Legal History, Benjamin C. Block

University of Florida Journal of Law & Public Policy

No abstract provided.


Why Globalization? A Look At Global Capitalism And Its Effects, Larry J. Obhof Jan 2003

Why Globalization? A Look At Global Capitalism And Its Effects, Larry J. Obhof

University of Florida Journal of Law & Public Policy

No abstract provided.


American Anti-Terrorism Planning And Design Strategies: Applications For Florida Growth Management, Comprehensive Planning And Urban Design, Richard H. Schneider Jan 2003

American Anti-Terrorism Planning And Design Strategies: Applications For Florida Growth Management, Comprehensive Planning And Urban Design, Richard H. Schneider

University of Florida Journal of Law & Public Policy

No abstract provided.


Procedural Due Process: Creating A Presumption Of Heightened Protection, Douglas J. Elmore Jan 2003

Procedural Due Process: Creating A Presumption Of Heightened Protection, Douglas J. Elmore

University of Florida Journal of Law & Public Policy

No abstract provided.


Judicial Impartiality And The Regulation Of Judicial Election Campaigns, Ofer Raban Jan 2003

Judicial Impartiality And The Regulation Of Judicial Election Campaigns, Ofer Raban

University of Florida Journal of Law & Public Policy

No abstract provided.


Civil Union Statutes: A Shortcut To Legal Equality For Same-Sex Partners In A Landscape Littered With Defense Of Marriage Acts, Nancy K. Kubasek, Alex Frondorf, Kevin J. Minnick Jan 2003

Civil Union Statutes: A Shortcut To Legal Equality For Same-Sex Partners In A Landscape Littered With Defense Of Marriage Acts, Nancy K. Kubasek, Alex Frondorf, Kevin J. Minnick

University of Florida Journal of Law & Public Policy

No abstract provided.


Florida's Gay Adoption Ban: What Do Floridians Think?, Scott D. Ryan, Laura Bedard, Marc Gertz Jan 2003

Florida's Gay Adoption Ban: What Do Floridians Think?, Scott D. Ryan, Laura Bedard, Marc Gertz

University of Florida Journal of Law & Public Policy

No abstract provided.


Captive-Bred Exceptions: An Unconventional Approach To Conservation Under The Federal Endangered Species Act, Stephen M. Fernandez Jan 2003

Captive-Bred Exceptions: An Unconventional Approach To Conservation Under The Federal Endangered Species Act, Stephen M. Fernandez

University of Florida Journal of Law & Public Policy

No abstract provided.


Law And Morality In Evolutionary Competition (And Why Morality Loses), Colin P.A. Jones Jan 2003

Law And Morality In Evolutionary Competition (And Why Morality Loses), Colin P.A. Jones

University of Florida Journal of Law & Public Policy

No abstract provided.


Liability For The Death Of A Fetus: Fetal Rights Or Women's Rights?, Lori K. Mans Jan 2003

Liability For The Death Of A Fetus: Fetal Rights Or Women's Rights?, Lori K. Mans

University of Florida Journal of Law & Public Policy

No abstract provided.


The Fcat Is Out Of The Bag: Prominent Concerns Regarding Florida's Comprehensive Assessment Test, David Lewis Jan 2003

The Fcat Is Out Of The Bag: Prominent Concerns Regarding Florida's Comprehensive Assessment Test, David Lewis

University of Florida Journal of Law & Public Policy

No abstract provided.


Constitutional Law: The Invisible Line Between Intentional And Unintentional Miranda Violations, Melissa A. Register Jan 2003

Constitutional Law: The Invisible Line Between Intentional And Unintentional Miranda Violations, Melissa A. Register

University of Florida Journal of Law & Public Policy

No abstract provided.


Sovereignty In The Balance: Taxation By Tribal Governments, Anna-Marie Tabor Jan 2003

Sovereignty In The Balance: Taxation By Tribal Governments, Anna-Marie Tabor

University of Florida Journal of Law & Public Policy

No abstract provided.


Homosexuality And The European Court Of Human Rights: Recent Judgments Against The United Kingdom And Their Impact On Other Signatories To The European Convention Of Human Rights, Sameera Dalvi Jan 2003

Homosexuality And The European Court Of Human Rights: Recent Judgments Against The United Kingdom And Their Impact On Other Signatories To The European Convention Of Human Rights, Sameera Dalvi

University of Florida Journal of Law & Public Policy

No abstract provided.


The Impact Of Medicaid Estate Recovery On Nontraditional Families, Diane Lourdes Dick Jan 2003

The Impact Of Medicaid Estate Recovery On Nontraditional Families, Diane Lourdes Dick

University of Florida Journal of Law & Public Policy

No abstract provided.


An International "Truth Commission": Utilizing Restorative Justice As An Alternative To Retribution, Carrie J. Niebur Eisnaugle Jan 2003

An International "Truth Commission": Utilizing Restorative Justice As An Alternative To Retribution, Carrie J. Niebur Eisnaugle

Vanderbilt Journal of Transnational Law

A restorative justice paradigm emphasizes healing relationships between offenders, their victims, and the community in which the offense took place. It rejects retribution as a response to crime, focusing instead on the needs of all parties involved. This Note discusses the necessity for, and possible benefits of, using restorative justice principles when responding to international crimes and conflicts. Prosecution, war, and other violent means remain the most common responses to crime and conflict today. Such retributive reactions often lead to further violence rather than healing and peace. Using restorative justice principles to address crime and conflict, as was done in …


Our Love-Hate Relationship With Heroic Lawyers, W. Bradley Wendel Jan 2003

Our Love-Hate Relationship With Heroic Lawyers, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.


Erasure And Recognition: The Census, Race And The National Imagination, Naomi Mezey Jan 2003

Erasure And Recognition: The Census, Race And The National Imagination, Naomi Mezey

Georgetown Law Faculty Publications and Other Works

This Article is concerned with the constitutive power of the census with respect to race. It is an examination of the U.S. Census as an aspect of what Angela Harris calls race law, "law pertaining to the formation, recognition, and maintenance of racial groups, as well as the law regulating the relationships among these groups." While others have noted and explored the epistemological and constitutive functions of the census race categories, my aim is to unpack this insight in the context of two specific examples of categorical change and contest: the addition of a Chinese racial category in 1870 and …


Human Capabilities And Human Authorities: A Comment On Martha Nussbaum’S Women And Human Development, Robin West Jan 2003

Human Capabilities And Human Authorities: A Comment On Martha Nussbaum’S Women And Human Development, Robin West

Georgetown Law Faculty Publications and Other Works

What does it mean to be truly human? And, relatedly, what does it mean to be treated as truly human, and with dignity, by the state, or community, of which one is a part? To be fully human, Martha Nussbaum has argued for the better part of two decades, and argues in greater detail in “Women and Human Development”, is not only to be rational, and not only to be happy, but also to be capable - capable, for example, of loving others, of thinking rationally about one's own life, of engaging in dignified labor, of interacting with the natural …


Public Reason As A Public Good, Aaron-Andrew P. Bruhl Jan 2003

Public Reason As A Public Good, Aaron-Andrew P. Bruhl

Faculty Publications

No abstract provided.