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Articles 841 - 870 of 1124
Full-Text Articles in Legal History
Toward A "Due Foundation" For The Separation Of Powers: The Federalist Papers As Political Narrative, Victoria Nourse
Toward A "Due Foundation" For The Separation Of Powers: The Federalist Papers As Political Narrative, Victoria Nourse
Georgetown Law Faculty Publications and Other Works
During the past quarter century, lawyers have become strangely comfortable with descriptions of our government's structure that would, to an untutored ear, speak contradiction. We are quite satisfied to say that governmental powers are separate and shared, departments distinct and overlapping, functions autonomous and interdependent. We have settled into these contradictions as we would a roomy chair: talking this way is no longer controversial but taken for granted, uttered with a knowing wink, perceived as the starting point of sophisticated analysis. A not "entirely separate," but "entirely free," set of departments is the only way we can think about the …
To Accomplish Fairness And Justice: Substantive Due Process, 30 J. Marshall L. Rev. 95 (1996), James W. Hilliard
To Accomplish Fairness And Justice: Substantive Due Process, 30 J. Marshall L. Rev. 95 (1996), James W. Hilliard
UIC Law Review
No abstract provided.
Regulatory Sins Versus Market Legacies: A Short Reply To Mr. Leech, 29 J. Marshall L. Rev. 617 (1996), Richard A. Epstein
Regulatory Sins Versus Market Legacies: A Short Reply To Mr. Leech, 29 J. Marshall L. Rev. 617 (1996), Richard A. Epstein
UIC Law Review
No abstract provided.
Conflicts And The Federal Circuit, 29 J. Marshall L. Rev. 835 (1996), Glenn L. Archer Jr.
Conflicts And The Federal Circuit, 29 J. Marshall L. Rev. 835 (1996), Glenn L. Archer Jr.
UIC Law Review
No abstract provided.
Sleeping With The Enemy: Combatting The Sexual Spread Of Hiv-Aids Through A Heightened Legal Duty, 29 J. Marshall L. Rev. 957 (1996), Eric L. Schulman
Sleeping With The Enemy: Combatting The Sexual Spread Of Hiv-Aids Through A Heightened Legal Duty, 29 J. Marshall L. Rev. 957 (1996), Eric L. Schulman
UIC Law Review
No abstract provided.
Judicial Usurpation Of The F.T.C.'S Authority: A Return To The Rule Of Reason, 30 J. Marshall L. Rev. 283 (1996), Jeffrey H. Liebling
Judicial Usurpation Of The F.T.C.'S Authority: A Return To The Rule Of Reason, 30 J. Marshall L. Rev. 283 (1996), Jeffrey H. Liebling
UIC Law Review
No abstract provided.
Killer Party: Proposing Civil Liability For Social Hosts Who Serve Alcohol To Minors, 30 J. Marshall L. Rev. 245 (1996), Matthew C. Houchens
Killer Party: Proposing Civil Liability For Social Hosts Who Serve Alcohol To Minors, 30 J. Marshall L. Rev. 245 (1996), Matthew C. Houchens
UIC Law Review
No abstract provided.
Historical Perspectives On Fair Housing, 29 J. Marshall L. Rev. 315 (1996), Julian Bond
Historical Perspectives On Fair Housing, 29 J. Marshall L. Rev. 315 (1996), Julian Bond
UIC Law Review
No abstract provided.
Fair Housing, Good Housing Or Expensive Housing? Are Building Codes Part Of The Problem Or Part Of The Solution?, 29 J. Marshall L. Rev. 349 (1996), Eric Damian Kelly
Fair Housing, Good Housing Or Expensive Housing? Are Building Codes Part Of The Problem Or Part Of The Solution?, 29 J. Marshall L. Rev. 349 (1996), Eric Damian Kelly
UIC Law Review
No abstract provided.
A Real Lulu: Zoning For Group Homes And Halfway Houses Under The Fair Housing Amendments Act Of 1988, 29 J. Marshall L. Rev. 369 (1996), Daniel Lauber
A Real Lulu: Zoning For Group Homes And Halfway Houses Under The Fair Housing Amendments Act Of 1988, 29 J. Marshall L. Rev. 369 (1996), Daniel Lauber
UIC Law Review
No abstract provided.
Taking The Public Out Of Determining Government Policy: The Need For An Appropriate Scope Of Bargaining Test In The Illinois Public Sector, 29 J. Marshall L. Rev. 531 (1996), Eric C. Scheiner
UIC Law Review
No abstract provided.
Legalizing Employment Discrimination: A Foolish And Dangerous Policy, 29 J. Marshall L. Rev. 587 (1996), Michael J. Leech
Legalizing Employment Discrimination: A Foolish And Dangerous Policy, 29 J. Marshall L. Rev. 587 (1996), Michael J. Leech
UIC Law Review
No abstract provided.
The Subtle Vices Of The Employment Discrimination Laws, 29 J. Marshall L. Rev. 575 (1996), Richard A. Epstein
The Subtle Vices Of The Employment Discrimination Laws, 29 J. Marshall L. Rev. 575 (1996), Richard A. Epstein
UIC Law Review
No abstract provided.
If It Walks Like A Duck: A Proposal To Unify U.S. Customs' Treatment Of Infringing Imports, 29 J. Marshall L. Rev. 711 (1996), Keith M. Stolte
If It Walks Like A Duck: A Proposal To Unify U.S. Customs' Treatment Of Infringing Imports, 29 J. Marshall L. Rev. 711 (1996), Keith M. Stolte
UIC Law Review
No abstract provided.
Quality Of Mercy Must Be Restrained, And Other Lessons In Learning To Love The Federal Sentencing Guidelines, Frank O. Bowman Iii
Quality Of Mercy Must Be Restrained, And Other Lessons In Learning To Love The Federal Sentencing Guidelines, Frank O. Bowman Iii
Faculty Publications
In the remarks that follow, I do four things. First, for those unfamiliar with the Federal Sentencing Guidelines, I begin by explaining briefly how the Guidelines work. Second, I endeavor to show why Judge Cabranes is wrong, absolutely wrong in declaring the Guidelines a failure, and mostly wrong in the specific criticisms he and others level against the Guidelines. Third, after jousting with Judge Cabranes a bit, I discuss some problems with the current federal sentencing system, most notably the sheer length of narcotics sentences. Finally, I comment briefly on some of the implications of the Guidelines, and the principles …
The Death Penalty And The Interstate Agreement On Detainers Act: A Proposal For Change, 29 J. Marshall L. Rev. 499 (1996), Edward G. Hild
The Death Penalty And The Interstate Agreement On Detainers Act: A Proposal For Change, 29 J. Marshall L. Rev. 499 (1996), Edward G. Hild
UIC Law Review
No abstract provided.
Death With Dignity: Aids And A Call For Legislation Securing The Right To Assisted Suicide, 29 J. Marshall L. Rev. 677 (1996), Jeremy A. Sitcoff
Death With Dignity: Aids And A Call For Legislation Securing The Right To Assisted Suicide, 29 J. Marshall L. Rev. 677 (1996), Jeremy A. Sitcoff
UIC Law Review
No abstract provided.
Tragic Irony Of American Federalism: National Sovereignty Versus State Sovereignty In Slavery And In Freedom, The Federalism In The 21st Century: Historical Perspectives, Robert J. Kaczorowski
Tragic Irony Of American Federalism: National Sovereignty Versus State Sovereignty In Slavery And In Freedom, The Federalism In The 21st Century: Historical Perspectives, Robert J. Kaczorowski
Faculty Scholarship
A plurality on the Supreme Court seeks to establish a state-sovereignty based theory of federalism that imposes sharp limitations on Congress's legislative powers. Using history as authority, they admonish a return to the constitutional "first principles" of the Founders. These "first principles," in their view, attribute all governmental authority to "the consent of the people of each individual state, not the consent of the undifferentiated people of the Nation as a whole." Because the people of each state are the source of all governmental power, they maintain, "where the Constitution is silent about the exercise of a particular power-that is, …
The Constitutionality Of Legislative Supermajority Requirements: A Defense, John O. Mcginnis, Michael B. Rappaport
The Constitutionality Of Legislative Supermajority Requirements: A Defense, John O. Mcginnis, Michael B. Rappaport
Articles
No abstract provided.
Abdication Can Be Fun, Join The Orgy, Everyone: A Simpleton’S Perspective On Abdication Of Federal Land Management Responsibilities, George Cameron Coggins
Abdication Can Be Fun, Join The Orgy, Everyone: A Simpleton’S Perspective On Abdication Of Federal Land Management Responsibilities, George Cameron Coggins
Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)
14 pages.
Oregon Constitution: A Survey Of Significant State Provisions, Oregon Law Institute, Susan M. Leeson, William F. Gary, Glenn Klein, Madelyn F. Wessel, Timothy J. Sercombe, W. Michael Gillette, David Schuman, David A. Ernst, Rex Armstrong, Jacob Tanzer, George A. Van Hoomissen, Charles F. Hinkle, Hans A. Linde
Oregon Constitution: A Survey Of Significant State Provisions, Oregon Law Institute, Susan M. Leeson, William F. Gary, Glenn Klein, Madelyn F. Wessel, Timothy J. Sercombe, W. Michael Gillette, David Schuman, David A. Ernst, Rex Armstrong, Jacob Tanzer, George A. Van Hoomissen, Charles F. Hinkle, Hans A. Linde
Oregon Law Institute, 1995
Course Materials from the October 13, 1995 Program in Portland
Thinking The Unthinkable: States As Public Land Managers, Sally K. Fairfax
Thinking The Unthinkable: States As Public Land Managers, Sally K. Fairfax
Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)
27 pages.
Contains references.
A History Of The Public Lands Debate, Patricia Nelson Limerick
A History Of The Public Lands Debate, Patricia Nelson Limerick
Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)
22 pages.
Agenda: Challenging Federal Ownership And Management: Public Lands And Public Benefits, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Challenging Federal Ownership And Management: Public Lands And Public Benefits, University Of Colorado Boulder. Natural Resources Law Center
Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)
Conference organizers, speakers and/or moderators included University of Colorado School of Law professors David H. Getches, Michael A. Gheleta, Teresa Rice, Elizabeth Ann (Betsy) Rieke and Charles F. Wilkinson.
In the face of numerous proposals for privatizing, marketing, and changing the management of public lands, the Natural Resources Law Center will hold its third annual fall public lands conference October 11-13, at the CU School of Law in Boulder.
A panel of public land users and neighbors, including timber, grazing, mining, recreation, and environmental interests, will address current discontent with public land policy and management. There will also be discussion …
Legislatively Directed Judicial Activism: Some Reflections On The Meaning Of The Civil Justice Reform Act, Matthew R. Kipp, Paul B. Lewis
Legislatively Directed Judicial Activism: Some Reflections On The Meaning Of The Civil Justice Reform Act, Matthew R. Kipp, Paul B. Lewis
University of Michigan Journal of Law Reform
With the Civil Justice Reform Act (CJRA), Congress attempted to further a trend that the federal judiciary had undertaken largely on its own initiative. Sensing a critical need to address the mounting expense and delay of federal civil litigation, Congress, like the judiciary, sought to increase the degree of early and active involvement of judges in the adjudicatory process. The result of this mandate has been a further emphasis on the role of the judge as a case manager. As a necessary corollary, the liberty and self-determination of individual litigants-ideals that have historically been seen as philosophical cornerstones of the …
Rock-A-Bye Lawsuit: Can A Baby Sue The Hand That Rocked The Cradle, 28 J. Marshall L. Rev. 429 (1995), Geoffrey A. Vance
Rock-A-Bye Lawsuit: Can A Baby Sue The Hand That Rocked The Cradle, 28 J. Marshall L. Rev. 429 (1995), Geoffrey A. Vance
UIC Law Review
No abstract provided.
The Preemptive Effect Of Erisa On The Prevailing Wage Act, 29 J. Marshall L. Rev. 55 (1995), Scott D. Miller
The Preemptive Effect Of Erisa On The Prevailing Wage Act, 29 J. Marshall L. Rev. 55 (1995), Scott D. Miller
UIC Law Review
No abstract provided.
Development Of The Democratic Institutions & (And) The Rule Of Law In The Former Soviet Union: A Round Table Discussion, 28 J. Marshall L. Rev. 865 (1995), Elena Bonner
UIC Law Review
No abstract provided.
The Minutemen, The National Guard And The Private Militia Movement: Will The Real Militia Please Stand Up, 28 J. Marshall L. Rev. 959 (1995), Chuck Dougherty
The Minutemen, The National Guard And The Private Militia Movement: Will The Real Militia Please Stand Up, 28 J. Marshall L. Rev. 959 (1995), Chuck Dougherty
UIC Law Review
No abstract provided.
Constructing A New Political Process: The Hegemonic Presidency And The Legislature, 28 J. Marshall L. Rev. 787 (1995), John P. Willerton, Alexsei A. Shulus
Constructing A New Political Process: The Hegemonic Presidency And The Legislature, 28 J. Marshall L. Rev. 787 (1995), John P. Willerton, Alexsei A. Shulus
UIC Law Review
No abstract provided.