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Articles 151 - 180 of 200
Full-Text Articles in Legislation
Introduction To The Congressional Power In The Shadow Of The Rehnquist Court: Strategies For The Future Symposium
Indiana Law Journal
Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002.
Sovereignty And Democracy: The States' Obligations To Their Citizens Under Federal Statutory Law, Lauren K. Robel
Sovereignty And Democracy: The States' Obligations To Their Citizens Under Federal Statutory Law, Lauren K. Robel
Indiana Law Journal
Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002.
Ronald Reagan And The Rehnquist Court On Congressional Power: Presidential Influences On Constitutional Change, Dawn E. Johnsen
Ronald Reagan And The Rehnquist Court On Congressional Power: Presidential Influences On Constitutional Change, Dawn E. Johnsen
Indiana Law Journal
Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002.
Judicial Independence, Judicial Accountability, And The Role Of Constitutional Norms In Congressional Regulation Of The Courts, Charles G. Geyh
Judicial Independence, Judicial Accountability, And The Role Of Constitutional Norms In Congressional Regulation Of The Courts, Charles G. Geyh
Indiana Law Journal
Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002.
Constricting Remedies: The Rehnquist Judiciary, Congress, And Federal Power, Judith Resnik
Constricting Remedies: The Rehnquist Judiciary, Congress, And Federal Power, Judith Resnik
Indiana Law Journal
Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002.
Getting Off The Dole: Why The Court Should Abandon Its Spending Doctrine, And How A Too-Clever Congress Could Provoke It To Do So, Lynn A. Baker, Mitchell N. Berman
Getting Off The Dole: Why The Court Should Abandon Its Spending Doctrine, And How A Too-Clever Congress Could Provoke It To Do So, Lynn A. Baker, Mitchell N. Berman
Indiana Law Journal
Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002.
Essay: Pledging Allegiance, Michael K. Steenson
Essay: Pledging Allegiance, Michael K. Steenson
Faculty Scholarship
This Essay focuses on the Pledge of Allegiance requirement and its place in public schools. It begins with an analysis of a typical, but certainly not isolated, approach of the Minnesota Legislature, following September 11, in passing a bill that required recitation of the Pledge. This Essay then moves to a discussion of the events surrounding the 1943 United States Supreme Court decision in West Virginia State Board of Education v. Barnette and how Barnette has subsequently been interpreted. Finally, this Essay discusses the probable impact of the Minnesota Constitution on the Pledge Bill, should it pass in this legislative …
Individual Law: On Some Aspects Of Nietzsche's Juridical And Aesthetic Discourse, Wolfert Von Rahden
Individual Law: On Some Aspects Of Nietzsche's Juridical And Aesthetic Discourse, Wolfert Von Rahden
Cardozo Law Review
No abstract provided.
Thayerian Deference To Congress And Supreme Court Supermajority Rule: Lessons From The Past, Evan H. Caminker
Thayerian Deference To Congress And Supreme Court Supermajority Rule: Lessons From The Past, Evan H. Caminker
Indiana Law Journal
Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002.
Protecting Human Research Subjects: A Jurisdictional Analysis, Jennifer Llewellyn, Jocelyn Downie, Robert Holmes
Protecting Human Research Subjects: A Jurisdictional Analysis, Jennifer Llewellyn, Jocelyn Downie, Robert Holmes
Articles, Book Chapters, & Popular Press
The most recent speech from the throne contained a pledge from the federal government to "work with provinces to implement a national system for the governance of research involving humans, including national research ethics and standards." This commitment signals a desire on the part of the federal government to address concerns about the inadequacies of the current governance of health research involving humans (RIH). To this end, Health Canada's Ethics Division is currently exploring the ways in which such a national governance system for RIH might be implemented. It is important for the federal government, as it moves toward making …
Inmate Litigation, Margo Schlanger
Inmate Litigation, Margo Schlanger
Articles
In 1995, prison and jail inmates brought about 40,000 new lawsuits in federal court nearly a fifth of the federal civil docket. Court records evidence a success rate for inmate plaintiffs under fifteen percent. These statistics highlight two qualities long associated with the inmate docket: its volume and the low rate of plaintiffs' success. Then, in 1996, Congress enacted the Prison Litigation Reform Act (PLRA), which dramatically altered the litigation landscape, restricting inmates' access to federal court in a variety of ways. This Article examines inmate litigation before and after the PLRA. Looking first at the litigation process itself, it …
The Rise Of The Perpetual Trust, Jesse Dukeminier, James E. Krier
The Rise Of The Perpetual Trust, Jesse Dukeminier, James E. Krier
Articles
For more than two centuries, the Rule against Perpetuities has served as the chief means of limiting a transferor's power to tie up property by way of successive contingent interests. But recently, at least seventeen jurisdictions in the United States have enacted statutes abolishing the Rule in the case of perpetual (or near-perpetual) trusts. The prime mover behind this important development has been the federal Generation-Skipping Transfer Tax. This Article traces the gradual decline of the common law Rule against Perpetuities, considers the dynamics behind the recent wave of state legislation, examines the problems that might result from the rise …
Bayh-Dole Reform And The Progress Of Biomedicine, Arti K. Rai, Rebecca S. Eisenberg
Bayh-Dole Reform And The Progress Of Biomedicine, Arti K. Rai, Rebecca S. Eisenberg
Articles
Advances in fundamental biomedical research play an important and growing role in the development of new therapeutic and diagnostic products. Although the development of pharmaceutical end products has long been a proprietary enterprise, biomedical research comes from a very different tradition of open science. Within this tradition, long-standing norms call for relatively unfettered access to fundamental knowledge developed by prior researchers. The tradition of open science has eroded considerably over the past quarter century as proprietary claims have reached farther upstream from end products to cover fundamental discoveries that provide the knowledge base for future product development.
Agenda Power In Brazil’S Camara Dos Deputados, 1989-98, Octavio Amorim Neto, Gary W. Cox, Mathew D. Mccubbins
Agenda Power In Brazil’S Camara Dos Deputados, 1989-98, Octavio Amorim Neto, Gary W. Cox, Mathew D. Mccubbins
Faculty Scholarship
No abstract provided.
The Constitutionality Of An Executive Spending Plan, Paul E. Salamanca
The Constitutionality Of An Executive Spending Plan, Paul E. Salamanca
Law Faculty Scholarly Articles
Operation of government in the absence of appropriations has become relatively common in the United States, particularly when projected expenses exceed projected revenue, making adoption of a budget a difficult task for the legislature. This Article focuses on the budget crisis in the Commonwealth of Kentucky from 2002 through 2003. In Part I, this Article recapitulates the history of the spending plan, including the action filed in Franklin Circuit Court to affirm its constitutionality. In Part II, this Article discusses certain theoretical, historical, and legal principles that inform analysis of the plan. In Part III, it considers certain deviations and …
The Legacy Of Buckley V. Valeo, Joel Gora
Ruminations On Terrorism & Anti-Terrorism In Law And Literature, Christopher L. Blakesley
Ruminations On Terrorism & Anti-Terrorism In Law And Literature, Christopher L. Blakesley
Scholarly Works
Discussing terrorism in light of the September 11 atrocities is daunting. It requires one to wonder how to maintain an equilibrium in the face of a menace that wishes its own death as long as it flows from the slaughter of ‘the enemy.‘ How is it possible to combat this menace without falling into a trap of hatred or blind fear that leads to the use of terror to fight terrorism? The overarching issues relating to September 11, terrorism, and counter-terrorism include: whether oppression can provide any justification for that atrocity; similarly, whether that attack calls for or allows self-defense …
Symposium: American Muslims And Civil Rights: Testimonies And Critiques, Azizah Y. Al-Hibri
Symposium: American Muslims And Civil Rights: Testimonies And Critiques, Azizah Y. Al-Hibri
Law Faculty Publications
This town hall meeting, which highlights some of the important developments in the American Muslim experience after September 11, presents both a challenge and an opportunity to our community. Whether these new developments will provide a serious impetus for constructive change in society at large is a matter for all Americans to reflect upon. The events that have come to pass which we spotlight in this symposium will hopefully contribute to that process. In this town hall meeting, we present testimonies of average American Muslim citizens who have suffered serious harm, consequences of raids, detentions, and other actions of our …
Envisioning Copyright Law's Digital Future, Peter S. Menell
Envisioning Copyright Law's Digital Future, Peter S. Menell
NYLS Law Review
No abstract provided.
Invisible Targets: Juvenile Prostitution, Crackdown Legislation, And The Example Of California, Pantea Javidan
Invisible Targets: Juvenile Prostitution, Crackdown Legislation, And The Example Of California, Pantea Javidan
Cardozo Journal of Equal Rights & Social Justice
The article examines the contradiction in California's legal framework where minors are criminalized for prostitution under California Penal Code section 647(b), despite being legally incapable of consenting to sex. It argues that such laws fail to protect child prostitutes, who are often victims of exploitation, and instead perpetuate their harm by punishing them rather than addressing the root causes of their situation.
Workers’ Compensation And Vocational Rehabilitation Benefits For Undocumented Workers: Reconciling The Purported Conflicts Between State Law, Federal Immigration Law, And Equal Protection To Prevent The Creation Of A Disposable Workforce, Robert I. Correales
Scholarly Works
This Article argues that sound public policy supports states providing vocational rehabilitation services to undocumented workers who have been injured in work-related accidents. Part I of the Article provides context by analyzing some of the complexities of undocumented immigrants’ lives in the United States. Part II discusses the history and economics of vocational rehabilitation programs established by workers’ compensation systems. Part III discusses ways in which immigration law and enforcement contribute to the formation of this shadow population. Part IV analyzes purported conflicts between vocational rehabilitation programs and the Immigration Reform Control Act of 1986 as they arose in Tarango …
Toward A Next Generation Regulatory Strategy, Philip J. Weiser
Toward A Next Generation Regulatory Strategy, Philip J. Weiser
Publications
The FCC is now facing a set of issues that will help shape the future evolution of the Internet and the role of government in its development. In particular, the FCC is in the midst of designing a regulatory regime for broadband platforms. To do so, the FCC must decide both on the appropriate regulatory classification for such platforms and what legal rules (if any) should govern access to such platforms. This Article explains how the FCC, using its "ancillary jurisdiction" authority under Title I of the Communications Act, can develop a reactive regulatory regime that examines allegations of discriminatory …
Protecting The Constitution From The People: Juricentric Restrictions On Section Five Power, Robert C. Post, Reva B. Siegel
Protecting The Constitution From The People: Juricentric Restrictions On Section Five Power, Robert C. Post, Reva B. Siegel
Indiana Law Journal
Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002.
Federalism And The Public Good: The True Story Behind The Religious Land Use And Institutionalized Persons Act, Marci A. Hamilton
Federalism And The Public Good: The True Story Behind The Religious Land Use And Institutionalized Persons Act, Marci A. Hamilton
Indiana Law Journal
Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002.
Business Divisions From The Perspective Of The U.S. Banking System , Carl Felsenfeld, Genci Bilali
Business Divisions From The Perspective Of The U.S. Banking System , Carl Felsenfeld, Genci Bilali
Faculty Scholarship
The Bank Holding Company Act of 1956 ("Act"),' as amended, most recently in 1999 by the Gramm-Leach-Bliley Act ("GLB") divides all economic activity into five groups. These groups are: 1) banking, 2) activities closely related to and a proper incident to banking; 3) activities of a financial nature; 4) activities complimentary to those of a financial nature; and 5) activities not of a financial nature. This article will explore these five groups of activities separately. The policies behind the divisions will be analyzed and questioned whether they serve the policies behind the Act. This article will also question whether the …
Session Law 03-412, Florida Senate & House Of Representatives
Session Law 03-412, Florida Senate & House Of Representatives
Staff Analyses & Legislative Documents
No abstract provided.
Interpreting U.S. Treaties In Light Of Human Rights Values, Lori Fisler Damrosch
Interpreting U.S. Treaties In Light Of Human Rights Values, Lori Fisler Damrosch
NYLS Law Review
No abstract provided.
Copyright And Computer Programs: A Failed Experiment And A Solution To A Dilemma, William F. Patry
Copyright And Computer Programs: A Failed Experiment And A Solution To A Dilemma, William F. Patry
NYLS Law Review
No abstract provided.
Can Our Current Conception Of Copyright Law Survive The Internet Age?, Edward Samuels
Can Our Current Conception Of Copyright Law Survive The Internet Age?, Edward Samuels
NYLS Law Review
No abstract provided.
Federal Preemption Of Tort Claims Under Fifra: The Erosion Of A Defense, Valerie Watnick
Federal Preemption Of Tort Claims Under Fifra: The Erosion Of A Defense, Valerie Watnick
University of Michigan Journal of Law Reform
With the growth of federal regulation in the last century, federal preemption of state law has been an evolving issue in the area of toxic torts litigation. The preemption doctrine occupies a particularly prominent place in the area of pesticide-related litigation as the judiciary has struggled to decide what, if any, tort claims are preempted by the Federal Insecticide Fungicide and Rodenticide Act of 1972 ("FIFRA "), the federal statute governing the sale and labeling of pesticides in the United States. In Etcheverry v. Tri-Ag Serv. Inc., 22 Cal. 4th 316, 93 Cal. Rptr2d 36 (2000), a case heard by …