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Articles 91 - 120 of 195
Full-Text Articles in Legal History
John Marshall And Indian Nations In The Beginning And Now, 33 J. Marshall L. Rev. 1183 (2000), Milner S. Ball
John Marshall And Indian Nations In The Beginning And Now, 33 J. Marshall L. Rev. 1183 (2000), Milner S. Ball
UIC Law Review
No abstract provided.
On The Possibility Of Necessity In Legal Argument: A Dilemma For Holmes And Dewey, 34 J. Marshall L. Rev. 9 (2000), Scott Brewer
On The Possibility Of Necessity In Legal Argument: A Dilemma For Holmes And Dewey, 34 J. Marshall L. Rev. 9 (2000), Scott Brewer
UIC Law Review
No abstract provided.
Languages Of A Divided Kingdom: Logic And Literacy In The Writing Curriculum, 34 J. Marshall L. Rev. 49 (2000), Joel R. Cornwell
Languages Of A Divided Kingdom: Logic And Literacy In The Writing Curriculum, 34 J. Marshall L. Rev. 49 (2000), Joel R. Cornwell
UIC Law Review
No abstract provided.
Why Barbara, Celarent, Darii, And Ferio Flunk Out Of Law School: Comment On Scott Brewer, On The Possibility Of Necessity In Legal Argument, 34 J. Marshall L. Rev. 77 (2000), Linda Ross Meyer
UIC Law Review
No abstract provided.
Teaching Lawyers The Language Of Law: Legal And Anthropological Translations, 34 J. Marshall L. Rev. 91 (2000), Elizabeth Mertz
Teaching Lawyers The Language Of Law: Legal And Anthropological Translations, 34 J. Marshall L. Rev. 91 (2000), Elizabeth Mertz
UIC Law Review
No abstract provided.
Language Acculturation Processes And Resistance To In"Doctrine"Ation In The Legal Skills Curriculum And Beyond: A Commentary On Mertz's Critical Anthropology Of The Socratic, Doctrinal Classroom, 34 J. Marshall L. Rev. 131 (2000), Brook K. Baker
UIC Law Review
No abstract provided.
"Bad For Business": Contextual Analysis, Race Discrimination, And Fast Food, 34 J. Marshall L. Rev. 207 (2000), Regina Austin
"Bad For Business": Contextual Analysis, Race Discrimination, And Fast Food, 34 J. Marshall L. Rev. 207 (2000), Regina Austin
UIC Law Review
No abstract provided.
Race Consciousness: Can Thick, Legal Contextual Analysis Assist Poor, Low-Status Workers Overcome Discriminatory Hurdles In The Fast Food Industry? A Reply To Regina Austin, 34 J. Marshall L. Rev. 245 (2000), Reginald Leamon Robinson
Race Consciousness: Can Thick, Legal Contextual Analysis Assist Poor, Low-Status Workers Overcome Discriminatory Hurdles In The Fast Food Industry? A Reply To Regina Austin, 34 J. Marshall L. Rev. 245 (2000), Reginald Leamon Robinson
UIC Law Review
No abstract provided.
First, "Let's Kill All The Intellectual Property Lawyers!": Musings On The Decline And Fall Of The Intellectual Property Empire, 34 J. Marshall L. Rev. 851 (2001), Doris E. Long
UIC Law Review
No abstract provided.
Robert Kratovil Memorial Seminar In Construction Law - Multidisciplinary Practice: A Construction Law Perspective, 33 J. Marshall L. Rev. 413 (2000), Christopher L. Noble
Robert Kratovil Memorial Seminar In Construction Law - Multidisciplinary Practice: A Construction Law Perspective, 33 J. Marshall L. Rev. 413 (2000), Christopher L. Noble
UIC Law Review
No abstract provided.
Bitch V. Whore: The Current Trend To Define The Requirements Of An Actionable Hostile Environment Claim In Verbal Sexual Harassment Cases, 33 J. Marshall L. Rev. 465 (2000), Jamie Lynn Cook
UIC Law Review
No abstract provided.
Is Meaningful Regulation Of Lawyers In Multidisciplinary Firms Possible?, Denise D. J. Roy
Is Meaningful Regulation Of Lawyers In Multidisciplinary Firms Possible?, Denise D. J. Roy
Faculty Scholarship
If the legal profession embraces multidisciplinary practice (MDP) and allows fee-sharing with nonlawyers, there is a risk that its values, independence, and professionalism will fall prey to market pressures and control by outsiders. On the other hand, rejecting MDP means risking losing business to the multidisciplinary firms already established. The question is whether there is a compromise that provides meaningful regulation of lawyers practicing in multidisciplinary firms.
The Ius Commune, Suretyship, And Magna Carta, Kenneth Pennington
The Ius Commune, Suretyship, And Magna Carta, Kenneth Pennington
Scholarly Articles
No abstract provided.
Battle On The Benches: The Wagner Act And The Federal Circuit Courts Of Appeals, 1935-1942, Douglas J. Feeney-Gallagher
Battle On The Benches: The Wagner Act And The Federal Circuit Courts Of Appeals, 1935-1942, Douglas J. Feeney-Gallagher
Seattle University Law Review
This paper examines the efforts of some circuit court judges to preserve the integrity of the judicial branch against the encroaching power of the New Deal administrative agencies, especially as represented by the National Labord Relations Board (NLRB). This paper offers a historical overview of the relationship between two circuits and the NLRB; one circuit welcomed the Board's aggressive enforcement of the Act, while the other expressed hostility towards the labor agency's powers and interpretation of the Wagner Act. An examination of the NLRB opinions in these two circuits illustrates the opposing judicial attitudes toward the new turn in labor …
Silencing The Appellant's Voice: The Antitherapeutic Per Curiam Affirmance, Amy D. Ronner, Bruce J. Winick
Silencing The Appellant's Voice: The Antitherapeutic Per Curiam Affirmance, Amy D. Ronner, Bruce J. Winick
Seattle University Law Review
This Article will analyze the antitherapeutic impact of the per curium affirmance (PCA) in two steps. First, delving into the psychology of procedural justice, this Article will explain how litigants value "voice," or the ability to tell their stories, as well as "validation," or the sense that the decisionmaker has heard their words and taken them seriously. Second, this Article, through the use of narrative, will show how a PCA had a negative psychological impact on an actual appellant in a criminal case. The Article will conclude by proposing an alternative to the antitherapeutic PCA.
Cyberspace And The "Devil's Hatband", Jonathan J. Rusch
Cyberspace And The "Devil's Hatband", Jonathan J. Rusch
Seattle University Law Review
In this Article, I maintain that while there is an ongoing conflict of legal traditions over the desirability of fences in cyberspace, there are definite virtues in the creation of such fences, so long as we understand the physical, psychological, and moral dimensions of that process. Part I will present a brief survey of the history of barbed wire in the Old West, paying particular attention to the contending legal traditions that affected the manner and extent of that growth in the West. These contending legal traditions, which related to "fencing in" versus "fencing out" cattle, played a key role …
The Marshall Court And Property Rights: A Reappraisal, 33 J. Marshall L. Rev. 1023 (2000), James W. Ely Jr.
The Marshall Court And Property Rights: A Reappraisal, 33 J. Marshall L. Rev. 1023 (2000), James W. Ely Jr.
UIC Law Review
No abstract provided.
Judicial Institutions In Emerging Federal Systems: The Marshall Court And The European Court Of Justice, 33 J. Marshall L. Rev. 1063 (2000), Herbert A. Johnson
Judicial Institutions In Emerging Federal Systems: The Marshall Court And The European Court Of Justice, 33 J. Marshall L. Rev. 1063 (2000), Herbert A. Johnson
UIC Law Review
No abstract provided.
Marshall Misconstrued: Activist? Partisan? Reactionary?, 33 J. Marshall L. Rev. 1109 (2000), Jean Edward Smith
Marshall Misconstrued: Activist? Partisan? Reactionary?, 33 J. Marshall L. Rev. 1109 (2000), Jean Edward Smith
UIC Law Review
No abstract provided.
Minnesota Lawyers Evaluate Law Schools, Training And Job Satisfaction, John O. Sonsteng
Minnesota Lawyers Evaluate Law Schools, Training And Job Satisfaction, John O. Sonsteng
Faculty Scholarship
The MacCrate Report was published in 1992 and detailed the findings of a task force established by the American Bar Association. The purpose of the task force was to examine a perceived “gap” between legal education and law practice. The Report concluded that law schools needed to affirm their commitment to train students to practice effectively in the legal profession. This article analyzes the results of several surveys, each seeking to determine to what extent law schools provided Minnesota lawyers consistent training in the practice skills areas identified in the MacCrate Report. The findings discussed in this article were gleaned …
The Road To Glucksberg, Carl E. Scheider
Stamped With Glory: Lewis Tappan And The Africans Of The Amistad, Douglas O. Linder
Stamped With Glory: Lewis Tappan And The Africans Of The Amistad, Douglas O. Linder
Faculty Works
Abolitionism came relatively late to Lewis Tappan. Devotional, benevolent and hardworking are all words that describe Tappan in his twenties and thirties. Social reformer he was not. In 1818, Tappan abandoned the Calvinism of his mother for Unitarianism, then fashionable for a socially ambitious merchant. For the next eight years, Tappan enjoyed the typical life of an upper-middle-class New England merchant. He took his new faith seriously, however, editing a Unitarian journal, and becoming the first treasurer of the American Unitarian Association. In the mid-1820's, America experienced The Great Second Awakening, a widespread revival of religion and religious debate and …
A Citizen Of Fine Spirit, Douglas R. Heidenreich
A Citizen Of Fine Spirit, Douglas R. Heidenreich
Faculty Scholarship
William T. Francis was (1869-1929), by most measures, the most successful of the early African American alumni of William Mitchell College of Law's predecessor law schools. Francis was a skilled lawyer, an adroit politician, a popular orator, a vigorous crusader for human and civil rights, and a respected U.S. diplomat.
Blood Will Tell: Scientific Racism And The Legal Prohibitions Against Miscegenation, Keith E. Sealing
Blood Will Tell: Scientific Racism And The Legal Prohibitions Against Miscegenation, Keith E. Sealing
Michigan Journal of Race and Law
This article first examines the miscegenation paradigm in terms of a seven-point conceptual framework that not merely allowed but practically demanded anti-miscegenation laws, then looks at the legal arguments state courts used to justify the constitutionality of such laws through 1967. Next, it analyzes the Biblical argument, which in its own right justified miscegenation, but also had a major influence on the development of the three major strands of scientific racism: monogenism, polygenism and Darwinian theory. It then probes the concept upon which the entire edifice is constructed-race--and discusses the continuing vitality of this construct. Next, this article turns to …
The Legacy Of Geographical Morality And Colonialism: A Historical Assessment Of The Current Crusade Against Corruption, Padideh Ala'i
The Legacy Of Geographical Morality And Colonialism: A Historical Assessment Of The Current Crusade Against Corruption, Padideh Ala'i
Scholarly Articles in Law Reviews & Journals
This Article examines the legacy of the rule of geographical morality - that is the norm by which a citizen of the country in the North may engage in acts of corruption in any country in the South, including bribery and extortion, without the attachment of any moral condemnation to those acts. Part I of the Article begins by reviewing the impeachment trial of Warren Hastings, who served as Governor General of the Bengal from 1772-1785, on charges of bribery and corruption. It was during that impeachment proceeding when the words "principles of geographical morality" were used by, the prosectuor, …
Review, Inherent Rights, The Written Constitution, And Popular Sovereignty: The Founders' Understanding, Richard Kay
Review, Inherent Rights, The Written Constitution, And Popular Sovereignty: The Founders' Understanding, Richard Kay
Faculty Articles and Papers
Reviewing Thomas B. McAffee, Inherent Rights, the Written Constitution, and Popular Sovereignty: The Founders' Understanding. Westport, Conn.: Greenwood Press, 2000
Chief Justice Marshall As Modern, 33 J. Marshall L. Rev. 1145 (2000), Walter J. Kendall Iii
Chief Justice Marshall As Modern, 33 J. Marshall L. Rev. 1145 (2000), Walter J. Kendall Iii
UIC Law Review
No abstract provided.
The Marshall Court And The European Court Of Justice, 33 J. Marshall L. Rev. 1197 (2000), Charles F. Hobson
The Marshall Court And The European Court Of Justice, 33 J. Marshall L. Rev. 1197 (2000), Charles F. Hobson
UIC Law Review
No abstract provided.
Professional Values In The Classroom, 34 J. Marshall L. Rev. 1 (2000), Robert Maccrate
Professional Values In The Classroom, 34 J. Marshall L. Rev. 1 (2000), Robert Maccrate
UIC Law Review
No abstract provided.
Language Matters, 34 J. Marshall L. Rev. 163 (2000), Jane B. Baron
Language Matters, 34 J. Marshall L. Rev. 163 (2000), Jane B. Baron
UIC Law Review
No abstract provided.