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Articles 3031 - 3060 of 4190
Full-Text Articles in Public Law and Legal Theory
The Word And The Law, James B. White
The Word And The Law, James B. White
Georgia Law Review
The Word and the Law is an extraordinary combination of law, personal statement, literary criticism, and theology. In a sense its central question is whether it is possible to have a life in the law that is good, and the answer is yes-yes, though not at all easy. I have often suggested it as reading to students who are worried about the profession they have chosen, and they frequently return to me with deep thanks for the introduction. Milner's commitment throughout is not to abstraction or theory or generalization, but to particular realities. Partly for this reason he begins the …
A Theology Of Justice: Some Reflections On Milner Ball's Non-Religious Practice Of Belief, Stephen Wizner
A Theology Of Justice: Some Reflections On Milner Ball's Non-Religious Practice Of Belief, Stephen Wizner
Georgia Law Review
For the past twenty years, during the first weekend in March, law students, law teachers, and public interest lawyers have gathered in the snowy woods of rural New Hampshire for a public interest retreat. The annual event is dedicated to the memory and legacy of Robert Cover, a beloved law professor, brilliant legal scholar, and committed social activist who died in 1986 at the age of forty-two. Robert Cover and Milner Ball were close friends and intellectual fellow travelers. They shared not only an academic interest in the inter-relationships between law, theology, and literature, but also a passionate commitment to …
Rethinking Customary Law In Tribal Court Jurisprudence, Matthew L.M. Fletcher
Rethinking Customary Law In Tribal Court Jurisprudence, Matthew L.M. Fletcher
Michigan Journal of Race and Law
Customary law still appears in many of the decisions of American state and federal courts. Modern courts rely less on customary law, part and parcel of the English common law adopted and adapted by the Founders of the United States, with statutory and administrative law dominating the field. In contrast, the importance of customary law in American Indian tribal courts cannot be understated. Indian tribes now take every measure conceivable to preserve Indigenous cultures and restore lost cultural knowledge and practices. Tribal court litigation, especially litigation involving tribal members and issues arising out of tribal law, often turns on the …
The Constitution And Fundamental Rights, Erwin Chemerinsky
The Constitution And Fundamental Rights, Erwin Chemerinsky
University of Florida Journal of Law & Public Policy
No abstract provided.
Dedication To Chesterfield H. Smith, Ruth Bader Ginsburg
Dedication To Chesterfield H. Smith, Ruth Bader Ginsburg
University of Florida Journal of Law & Public Policy
No abstract provided.
Blinded By Science: Does The General Acceptance Of Forensic Dna Evidence Warrant A More Streamlined Approach To Admissibility?, Joshua Hillel Hubner
Blinded By Science: Does The General Acceptance Of Forensic Dna Evidence Warrant A More Streamlined Approach To Admissibility?, Joshua Hillel Hubner
University of Florida Journal of Law & Public Policy
No abstract provided.
Constitutional Law: Determining Purpose: Thou Shalt Not Study The Evolution Of Religious Displays, Shari Ben Moussa
Constitutional Law: Determining Purpose: Thou Shalt Not Study The Evolution Of Religious Displays, Shari Ben Moussa
University of Florida Journal of Law & Public Policy
No abstract provided.
Social Security And Government Deficits: When Should We Worry?, Neil H. Buchanan
Social Security And Government Deficits: When Should We Worry?, Neil H. Buchanan
UF Law Faculty Publications
In this Article, I critically examine the assumption that the Social Security system faces a financing crisis and that the government can avert the crisis only by acting now to cut benefits or to raise taxes. The best conclusion we can draw from the current evidence is that the system is not doomed and that it is not necessary to institute immediate changes. We should, of course, continue to monitor the situation closely to determine whether future changes become necessary. This conclusion is further strengthened by the likelihood that any changes the government makes to the Social Security system today …
Truth, Deterrence, And The Impeachment Exception , James L. Kainen
Truth, Deterrence, And The Impeachment Exception , James L. Kainen
Faculty Scholarship
James v. Illinois permits illegally-obtained evidence to impeach defendants, but not defense witnesses. Thus far, all courts have construed James to allow impeachment of defendants' hearsay declarations. This article argues against allowing illegally-obtained evidence to impeach defendants' hearsay declarations because doing so unduly diminishes the exclusionary rule's deterrent effect. The distinction between impeaching defendants and defense witnesses disappears when courts allow prosecutors to impeach defendants' hearsay declarations. Because defense witnesses report exculpatory conduct of a defendant who always has a substantial interest in disguising his criminality, their testimony routinely incorporates defendant hearsay. Defense witness testimony thus routinely paves the way …
Spotlight On Public Interest Attorneys, Janelle Skaloud
Spotlight On Public Interest Attorneys, Janelle Skaloud
Public Interest Law Reporter
No abstract provided.
The Gift Of Milner Ball, Thomas L. Shaffer
The Gift Of Milner Ball, Thomas L. Shaffer
Georgia Law Review
My friend and teacher Milner Ball speaks of the law as "systemic injustice." I find that a bit harsh and tend instead toward a way of looking at injustice that comes from the equally melancholy reflections of Robert E. Rodes, Jr., also my friend-my colleague, too-and also my teacher (in two senses, including the I-once-paid- tuition sense). Bob Rodes has noticed injustice as much as Milner has, but Bob, who tends to be an Erastian, would say it is not the law that is the source of injustice; it is not even the "system"; it is lawyers who are the …
Do You See What I See - Reflections On How Bias Infiltrates The New York City Family Court - The Case Of The Court Ordered Investigation, Leah A. Hill
Faculty Scholarship
That the Family Court is ill-equipped to address the needs of the hundreds of thousands of cases handled therein is not news. Exploding caseloads, complex problems, and minimal resources are just a few of the ingredients that combine to undermine the Court's ability to fulfill its promise. What has been given less attention until very recently is the extent to which the Family Court's failures disproportionately impact low-income families of color. Any analysis of the Court's impact or efficacy must consider the context I have described in my observations of the Court- the images of black and brown litigants hurrying …
Commerce Clause Jurisprudence And The Graves Amendment: Implications For The Vicarious Liability Of Car Leasing Companies, Susan Lorde Martin
Commerce Clause Jurisprudence And The Graves Amendment: Implications For The Vicarious Liability Of Car Leasing Companies, Susan Lorde Martin
University of Florida Journal of Law & Public Policy
No abstract provided.
Palmore Comes Of Age: The Place Of Race In The Placement Of Children, David D. Meyer
Palmore Comes Of Age: The Place Of Race In The Placement Of Children, David D. Meyer
University of Florida Journal of Law & Public Policy
No abstract provided.
Political Gerrymandering: Outside The Aegis Of Equal Protection, Andrew William Lee
Political Gerrymandering: Outside The Aegis Of Equal Protection, Andrew William Lee
University of Florida Journal of Law & Public Policy
No abstract provided.
The Law And Lawyer As Enemy Combatants, Ariel Meyerstein
The Law And Lawyer As Enemy Combatants, Ariel Meyerstein
University of Florida Journal of Law & Public Policy
No abstract provided.
Medium-Specific Regulation Of Attorney Advertising: A Critique, Lyrissa Barnett Lidsky, Tera Jckowski Peterson
Medium-Specific Regulation Of Attorney Advertising: A Critique, Lyrissa Barnett Lidsky, Tera Jckowski Peterson
University of Florida Journal of Law & Public Policy
No abstract provided.
A New Method To Guide Constitutional Interpretation: Introducing "Negative Originalism", Adam Lamparello
A New Method To Guide Constitutional Interpretation: Introducing "Negative Originalism", Adam Lamparello
University of Florida Journal of Law & Public Policy
No abstract provided.
Searching For Patterns In The Laws Governing Access To Records And Meetings In The Fifty States By Using Multiple Research Tools, Bill F. Chamberlin, Cristina Popescu, Michael F. Weigold, Nissa Laughner
Searching For Patterns In The Laws Governing Access To Records And Meetings In The Fifty States By Using Multiple Research Tools, Bill F. Chamberlin, Cristina Popescu, Michael F. Weigold, Nissa Laughner
University of Florida Journal of Law & Public Policy
No abstract provided.
Hewlett-Packard's Spy Games And The "Duty Of Caremark": How Inconsistent Standards Governing A Director's Duty Of Care Disgraced A Company, Lawrence Scheinert
Hewlett-Packard's Spy Games And The "Duty Of Caremark": How Inconsistent Standards Governing A Director's Duty Of Care Disgraced A Company, Lawrence Scheinert
University of Florida Journal of Law & Public Policy
No abstract provided.
Constitutional Law: The Reasonableness Requirement And Fourth Amendment Boundaries To Co-Occupant Consent, Tim Buskirk
Constitutional Law: The Reasonableness Requirement And Fourth Amendment Boundaries To Co-Occupant Consent, Tim Buskirk
University of Florida Journal of Law & Public Policy
No abstract provided.
From Insanity To Beyond Diminished Capacity: Mental Illness And Criminal Excuse In The Post-Clark Era, Henry F. Fradella
From Insanity To Beyond Diminished Capacity: Mental Illness And Criminal Excuse In The Post-Clark Era, Henry F. Fradella
University of Florida Journal of Law & Public Policy
No abstract provided.
Fair Use Rights In A World Of The Broadcast Flag And Digital Rights Management: Do Consumers Have A Chance?, Andrew William Bagley
Fair Use Rights In A World Of The Broadcast Flag And Digital Rights Management: Do Consumers Have A Chance?, Andrew William Bagley
University of Florida Journal of Law & Public Policy
No abstract provided.
Mining For Morality At Sago Mine: Big Business And Big Money Equal Modest Enforcement Of Health And Safety Standards, Shari Ben Moussa
Mining For Morality At Sago Mine: Big Business And Big Money Equal Modest Enforcement Of Health And Safety Standards, Shari Ben Moussa
University of Florida Journal of Law & Public Policy
No abstract provided.
Partially Odious Debts?, Omri Ben-Shahar, Mitu Gulati
Partially Odious Debts?, Omri Ben-Shahar, Mitu Gulati
Articles
The despotic ruler of a poor nation borrows extensively from foreign creditors. He spends some of those funds on building statues of himself, others on buying arms for his brutal secret police, and he places the remainder in his personal bank accounts in Switzerland. The longer the despot stays in power, the poorer the nation becomes. Although the secret police are able to keep prodemocracy protests subdued by force for many years, eventually there is a popular revolt. The despot flees the scene with a few billion dollars of his illgotten gains. The populist regime that replaces the despot now …
Public-Private Health Law: Multiple Directions In Public Health, Nan D. Hunter
Public-Private Health Law: Multiple Directions In Public Health, Nan D. Hunter
Georgetown Law Faculty Publications and Other Works
No public law is more public than public health law. Its defining subject is the use of state power to control and prevent death and disease. Its primary institutions are a cluster of state actors, the governmental agencies that comprise the American public health "system.,, The system grew out of the eighteenth century boards of health that produced the beginnings of administrative law. Public health law is grounded on statutory provisions that authorize various forms of state action and on judicial decisions that resolve constitutional challenges to those actions.
Faithfully Executing The Laws: Internal Legal Constraints On Executive Power, Dawn E. Johnsen
Faithfully Executing The Laws: Internal Legal Constraints On Executive Power, Dawn E. Johnsen
Articles by Maurer Faculty
Since September 11, 2001 the Bush Administration has engaged in a host of controversial counterterrorism actions that threaten civil liberties and even the physical safety of those targeted: enemy combatant designations, extreme interrogation techniques, extraordinary renditions, secret overseas prisons, and warrantless domestic surveillance. To justify otherwise-unlawful policies, President Bush and his lawyers have espoused an extreme view of expansive presidential power during times of war and national emergency. Debate has raged about the details of desirable external checks on presidential excesses, with emphasis appropriately on the U.S. Congress and the courts. Yet an essential internal source of constraint is often …
Can There Be A Theory Of Law?, Joseph Raz
Can There Be A Theory Of Law?, Joseph Raz
Faculty Scholarship
The paper deals with the possibility of a theory of the nature of law as such, a theory which will be necessarily true of all law. It explores the relations between explanations of concepts and of the things they are concepts of, the possibility that the law has essential properties, and the possibility that the law changes its nature over time, and that what is law at a given place and time depends on the culture and concepts of that place and time. It also considers the possibility of understanding the institutions, such as the law, of cultures whose concepts …
Interpreting Bills Of Rights: The Value Of A Comparative Approach, Jack Tsen-Ta Lee
Interpreting Bills Of Rights: The Value Of A Comparative Approach, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
In certain jurisdictions, among them Malaysia, Singapore, and the United States, the practice of consulting comparative legal materials in interpreting domestic bills of rights has been criticized as illegitimate. This article examines four main concerns: (1) the texts of bills of rights -- the argument that a bill of rights is to be interpreted within its own four walls and not in the light of analogies drawn from other jurisdictions; (2) national identity -- the argument that a bill of rights embodies the values of a nation's people, and it is wrong to refer to foreign experiences to determine such …
The Constitution's Political Deficit, Robin West
The Constitution's Political Deficit, Robin West
Georgetown Law Faculty Publications and Other Works
Professor Levinson has wisely called for an extended conversation regarding the possibility and desirability of a new Constitutional Convention, which might be called so as to correct some of the more glaring failings of our current governing document. Chief among those, in his view, are a handful of doctrines that belie our commitment to democratic self-government, such as the two-senators-per-state makeup of the United States Senate and the Electoral College. Perhaps these provisions once had some rhyme or reason to them, but, as Levinson suggests, it is not at all clear that they do now. They assure that our legislative …