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Constitutional Law

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Full-Text Articles in Legal Ethics and Professional Responsibility

Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann Nov 1990

Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann

Faculty Scholarship

This Essay is an effort to construct a normative basis for a constitutional theory to resist the Supreme Court's recent decision in DeShaney v. Winnebago County Department of Social Services.1 In DeShaney, the Court decided that a local social service worker's failure to prevent child abuse did not violate the due process clause of the fourteenth amendment even though the social worker "had reason to believe" the abuse was occurring. 2 Chief Justice Rehnquist's opinion for the Court held that government inaction cannot violate due process unless the state has custody of the victim, 3 thus settling a controversial …


On The Critical Tribunal, Stephen Watson Jul 1990

On The Critical Tribunal, Stephen Watson

Cardozo Law Review

No abstract provided.


Retrospective Justification, Jeffrey Malkan Jan 1990

Retrospective Justification, Jeffrey Malkan

Touro Law Review

No abstract provided.


Court-Appointed Attorneys: Old Problems And New Solutions, H. Patrick Furman Jan 1990

Court-Appointed Attorneys: Old Problems And New Solutions, H. Patrick Furman

Publications

No abstract provided.


Abstract Right And The Possibility Of A Nondistributive Conception Of Contract: Hegel And Contemporary Contract Theory, Peter Benson Mar 1989

Abstract Right And The Possibility Of A Nondistributive Conception Of Contract: Hegel And Contemporary Contract Theory, Peter Benson

Cardozo Law Review

No abstract provided.


A Critique Of The "Liberal" Political-Philosophical Project, Michael J. Perry Feb 1987

A Critique Of The "Liberal" Political-Philosophical Project, Michael J. Perry

William & Mary Law Review

No abstract provided.


Silence As A Trial Strategy After Strickland And Cronic: Ineffective Assistance Of Counsel?Nic : The Ineffective Assistance Of Counsel?, Jo Ellen Silberstein Jan 1987

Silence As A Trial Strategy After Strickland And Cronic: Ineffective Assistance Of Counsel?Nic : The Ineffective Assistance Of Counsel?, Jo Ellen Silberstein

Touro Law Review

No abstract provided.


The Lawyer's Role In The Independent Adoption Process: Parental Consent And Best Interests Of The Child, Diana Lafemina Jan 1987

The Lawyer's Role In The Independent Adoption Process: Parental Consent And Best Interests Of The Child, Diana Lafemina

Touro Law Review

No abstract provided.


Attorney Loyalty And Client Perjury - A Postscript To Nix V. Whiteside, Bennett L. Gershman Jan 1986

Attorney Loyalty And Client Perjury - A Postscript To Nix V. Whiteside, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

How much, if at all, can a criminal defense lawyer cooperate in his or her client's decision to commit perjury? Courts, commentators, and bar committees have grappled with this question for years without offering clear or consistent guidelines. Any principled response must take into account some very hard questions. Under what circumstances, for instance, does the lawyer ever really "know" that his client's proposed testimony is false? Is it sufficient if the lawyer simply disbelieves his client's story, or that of his client's witnesses? Does it make any difference if the attorney learns of a plan to perjure during the …


The Clergy-Penitent Privilege And The Child Abuse Reporting Statute: Is The Secret Sacred, 19 J. Marshall L. Rev. 1031 (1986), Kathryn Keegan Jan 1986

The Clergy-Penitent Privilege And The Child Abuse Reporting Statute: Is The Secret Sacred, 19 J. Marshall L. Rev. 1031 (1986), Kathryn Keegan

UIC Law Review

No abstract provided.


Zauderer V. Office Of Disciplinary Counsel: Refining The Regulation Of Attorney Advertising, Brent P. Copenhaver Jan 1986

Zauderer V. Office Of Disciplinary Counsel: Refining The Regulation Of Attorney Advertising, Brent P. Copenhaver

West Virginia Law Review

No abstract provided.


The First Amendment, Commercial Speech, And The Advertising Lawyer, Justice Vernon R. Pearson, Michael O'Neill Jan 1986

The First Amendment, Commercial Speech, And The Advertising Lawyer, Justice Vernon R. Pearson, Michael O'Neill

Seattle University Law Review

The Supreme Court, in a few cases scattered over several decades, has implied the existence of a public right to a free flow of information as one facet of the freedom of speech; yet the Court has refrained from specifically basing a decision on any such right. But with the recent line of commercial speech decisions, the concept-of a public right to a free flow of information has become firmly established and merits detailed examination. That right, and the rationale of the Court in its commercial speech cases, may have far ranging implications. This Article explores these implications in three …


The Endangered Species Act And Western Water Projects, Lawrence J. Macdonnell Jun 1985

The Endangered Species Act And Western Water Projects, Lawrence J. Macdonnell

Western Water Law in Transition (Summer Conference, June 3-5)

20 pages.

Contains references.


Water Project Financing Needs In Colorado, J. William Mcdonald Jun 1985

Water Project Financing Needs In Colorado, J. William Mcdonald

Western Water Law in Transition (Summer Conference, June 3-5)

12 pages.


Federal/State Relations In Theory And Practice: A Sovereignty Mismatch, Charles T. Dumars Jun 1985

Federal/State Relations In Theory And Practice: A Sovereignty Mismatch, Charles T. Dumars

Western Water Law in Transition (Summer Conference, June 3-5)

12 pages.

Contains footnotes.


Unresolved Issues In Federal Reserved Rights, Michael D. White Jun 1985

Unresolved Issues In Federal Reserved Rights, Michael D. White

Western Water Law in Transition (Summer Conference, June 3-5)

12 pages.


Putting Indian Reservation Water Rights To Use, Richard B. Collins Jun 1985

Putting Indian Reservation Water Rights To Use, Richard B. Collins

Western Water Law in Transition (Summer Conference, June 3-5)

10 pages.


Financing Water Projects: Where Do We Go From Here?, Henry P. Caulfield, Jr. Jun 1985

Financing Water Projects: Where Do We Go From Here?, Henry P. Caulfield, Jr.

Western Water Law in Transition (Summer Conference, June 3-5)

16 pages.


Financing Water Projects: Where Do We Go From Here?: A Panel Discussion [Colorado House Bill No. 1088, As Amended 4/15/85], Chris Paulson Jun 1985

Financing Water Projects: Where Do We Go From Here?: A Panel Discussion [Colorado House Bill No. 1088, As Amended 4/15/85], Chris Paulson

Western Water Law in Transition (Summer Conference, June 3-5)

4 pages.

Contains text of Colorado House Bill No.1088, as amended 4/15/85.


Interstate Transfers Of Water: Opportunities And Obstables [Sic], A. Dan Tarlock Jun 1985

Interstate Transfers Of Water: Opportunities And Obstables [Sic], A. Dan Tarlock

Western Water Law in Transition (Summer Conference, June 3-5)

34 pages.


Western Ground Water Law: Overview And Recent Developments, J. David Aiken Jun 1985

Western Ground Water Law: Overview And Recent Developments, J. David Aiken

Western Water Law in Transition (Summer Conference, June 3-5)

27 pages.


Representing The Water Client [Outline], David W. Robbins Jun 1985

Representing The Water Client [Outline], David W. Robbins

Western Water Law in Transition (Summer Conference, June 3-5)

3 pages.


Federal And State Regulation Of Activities Affecting Water Quality, Julia B. Epley Jun 1985

Federal And State Regulation Of Activities Affecting Water Quality, Julia B. Epley

Western Water Law in Transition (Summer Conference, June 3-5)

54 pages.


Legal Implications Of Instream Flows And Other Nonconsumptive Uses, Steven J. Shupe Jun 1985

Legal Implications Of Instream Flows And Other Nonconsumptive Uses, Steven J. Shupe

Western Water Law in Transition (Summer Conference, June 3-5)

14 pages.


The Public Trust Doctrine: Conflict With Traditional Western Water Law?, Harrison C. Dunning Jun 1985

The Public Trust Doctrine: Conflict With Traditional Western Water Law?, Harrison C. Dunning

Western Water Law in Transition (Summer Conference, June 3-5)

24 pages.

Contains references.


Inefficiency, Waste, And Loss: Water Supplies Of The Future?, John W. Krautkraemer Jun 1985

Inefficiency, Waste, And Loss: Water Supplies Of The Future?, John W. Krautkraemer

Western Water Law in Transition (Summer Conference, June 3-5)

24 pages.

Contains references.


Agenda: Western Water Law In Transition, University Of Colorado Boulder. Natural Resources Law Center Jun 1985

Agenda: Western Water Law In Transition, University Of Colorado Boulder. Natural Resources Law Center

Western Water Law in Transition (Summer Conference, June 3-5)

Conference organizers and/or faculty included University of Colorado School of Law professors James N. Corbridge, Jr., Lawrence J. MacDonnell, Richard B. Collins, David H. Getches and Charles F. Wilkinson.

The prior appropriation doctrine has governed the allocation and use of water in the western United States since the 1850s. The shifting nature of water demand is bringing about changes in the traditional legal system. This conference will consider the fundamental principles of the prior appropriation doctrine together with the important new developments in the law now underway throughout the West.


The Prior Appropriation System In Western Water Law: The Law Viewed Through The Example Of The Rio Grande Basin, James N. Corbridge Jr., Charles F. Wilkinson Jun 1985

The Prior Appropriation System In Western Water Law: The Law Viewed Through The Example Of The Rio Grande Basin, James N. Corbridge Jr., Charles F. Wilkinson

Western Water Law in Transition (Summer Conference, June 3-5)

17 pages.

Contains references.


Administering Water Rights: The Permit System, Lawrence J. Wolfe Jun 1985

Administering Water Rights: The Permit System, Lawrence J. Wolfe

Western Water Law in Transition (Summer Conference, June 3-5)

69 pages.

Contains references.


Administering Water Rights: The Colorado System, Raymond L. Petros Jun 1985

Administering Water Rights: The Colorado System, Raymond L. Petros

Western Water Law in Transition (Summer Conference, June 3-5)

140 pages (includes illustrations and maps).

Contains bibliography.