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Articles 3391 - 3420 of 4201

Full-Text Articles in Public Law and Legal Theory

The Epidemiology Of Critique, Michael Fischl Jan 2003

The Epidemiology Of Critique, Michael Fischl

Faculty Articles and Papers

No abstract provided.


Judging Reputation: Realism And Common Law In Justice White's Defamation Jurisprudence, John C.P. Goldberg Jan 2003

Judging Reputation: Realism And Common Law In Justice White's Defamation Jurisprudence, John C.P. Goldberg

University of Colorado Law Review

No abstract provided.


When Not To Negotiate: A Negotiation Imperialist Reflects On Appropriate Limits, Robert H. Mnookin Jan 2003

When Not To Negotiate: A Negotiation Imperialist Reflects On Appropriate Limits, Robert H. Mnookin

University of Colorado Law Review

No abstract provided.


Clinical Education At Loyola University Chicago School Of Law: A Tradition In The Making, Henry Rose Jan 2003

Clinical Education At Loyola University Chicago School Of Law: A Tradition In The Making, Henry Rose

Public Interest Law Reporter

No abstract provided.


Loyola's Clinical Faculty: Experience Creating Legal Excellence, Pilr Staff Jan 2003

Loyola's Clinical Faculty: Experience Creating Legal Excellence, Pilr Staff

Public Interest Law Reporter

No abstract provided.


Privatization As Delegation, Gillian E. Metzger Jan 2003

Privatization As Delegation, Gillian E. Metzger

Faculty Scholarship

Recent expansions in privatization of government programs mean that the constitutional paradigm of a sharp separation between public and private is increasingly at odds with the blurred public-private character of modern governance. While substantial scholarship exists addressing the administrative and policy impact of expanded privatization, heretofore little effort has been made to address this disconnect between constitutional law and new administrative reality. This Article seeks to remedy that deficiency. It argues that current state action doctrine is fundamentally inadequate to address the constitutional challenge presented by privatization. Current doctrine is insufficiently keyed to the ways that privatization involves delegation of …


A Dedication To Chesterfield H. Smith, Scott D. Makar Jan 2003

A Dedication To Chesterfield H. Smith, Scott D. Makar

University of Florida Journal of Law & Public Policy

No abstract provided.


Dedication, Chesterfield H. Smith Jan 2003

Dedication, Chesterfield H. Smith

University of Florida Journal of Law & Public Policy

No abstract provided.


Diversity Matters: Race, Gender, And Ethnicity In Legal Education, Nancy E. Dowd, Kenneth B. Nunn, Jane E. Pendergast Jan 2003

Diversity Matters: Race, Gender, And Ethnicity In Legal Education, Nancy E. Dowd, Kenneth B. Nunn, Jane E. Pendergast

University of Florida Journal of Law & Public Policy

No abstract provided.


Bradley, Breyer, Bush And Beyond: The Legal Realism Of Legal History, Benjamin C. Block Jan 2003

Bradley, Breyer, Bush And Beyond: The Legal Realism Of Legal History, Benjamin C. Block

University of Florida Journal of Law & Public Policy

No abstract provided.


Why Globalization? A Look At Global Capitalism And Its Effects, Larry J. Obhof Jan 2003

Why Globalization? A Look At Global Capitalism And Its Effects, Larry J. Obhof

University of Florida Journal of Law & Public Policy

No abstract provided.


American Anti-Terrorism Planning And Design Strategies: Applications For Florida Growth Management, Comprehensive Planning And Urban Design, Richard H. Schneider Jan 2003

American Anti-Terrorism Planning And Design Strategies: Applications For Florida Growth Management, Comprehensive Planning And Urban Design, Richard H. Schneider

University of Florida Journal of Law & Public Policy

No abstract provided.


Procedural Due Process: Creating A Presumption Of Heightened Protection, Douglas J. Elmore Jan 2003

Procedural Due Process: Creating A Presumption Of Heightened Protection, Douglas J. Elmore

University of Florida Journal of Law & Public Policy

No abstract provided.


Judicial Impartiality And The Regulation Of Judicial Election Campaigns, Ofer Raban Jan 2003

Judicial Impartiality And The Regulation Of Judicial Election Campaigns, Ofer Raban

University of Florida Journal of Law & Public Policy

No abstract provided.


Civil Union Statutes: A Shortcut To Legal Equality For Same-Sex Partners In A Landscape Littered With Defense Of Marriage Acts, Nancy K. Kubasek, Alex Frondorf, Kevin J. Minnick Jan 2003

Civil Union Statutes: A Shortcut To Legal Equality For Same-Sex Partners In A Landscape Littered With Defense Of Marriage Acts, Nancy K. Kubasek, Alex Frondorf, Kevin J. Minnick

University of Florida Journal of Law & Public Policy

No abstract provided.


Florida's Gay Adoption Ban: What Do Floridians Think?, Scott D. Ryan, Laura Bedard, Marc Gertz Jan 2003

Florida's Gay Adoption Ban: What Do Floridians Think?, Scott D. Ryan, Laura Bedard, Marc Gertz

University of Florida Journal of Law & Public Policy

No abstract provided.


Captive-Bred Exceptions: An Unconventional Approach To Conservation Under The Federal Endangered Species Act, Stephen M. Fernandez Jan 2003

Captive-Bred Exceptions: An Unconventional Approach To Conservation Under The Federal Endangered Species Act, Stephen M. Fernandez

University of Florida Journal of Law & Public Policy

No abstract provided.


Law And Morality In Evolutionary Competition (And Why Morality Loses), Colin P.A. Jones Jan 2003

Law And Morality In Evolutionary Competition (And Why Morality Loses), Colin P.A. Jones

University of Florida Journal of Law & Public Policy

No abstract provided.


Liability For The Death Of A Fetus: Fetal Rights Or Women's Rights?, Lori K. Mans Jan 2003

Liability For The Death Of A Fetus: Fetal Rights Or Women's Rights?, Lori K. Mans

University of Florida Journal of Law & Public Policy

No abstract provided.


The Fcat Is Out Of The Bag: Prominent Concerns Regarding Florida's Comprehensive Assessment Test, David Lewis Jan 2003

The Fcat Is Out Of The Bag: Prominent Concerns Regarding Florida's Comprehensive Assessment Test, David Lewis

University of Florida Journal of Law & Public Policy

No abstract provided.


Constitutional Law: The Invisible Line Between Intentional And Unintentional Miranda Violations, Melissa A. Register Jan 2003

Constitutional Law: The Invisible Line Between Intentional And Unintentional Miranda Violations, Melissa A. Register

University of Florida Journal of Law & Public Policy

No abstract provided.


Sovereignty In The Balance: Taxation By Tribal Governments, Anna-Marie Tabor Jan 2003

Sovereignty In The Balance: Taxation By Tribal Governments, Anna-Marie Tabor

University of Florida Journal of Law & Public Policy

No abstract provided.


Homosexuality And The European Court Of Human Rights: Recent Judgments Against The United Kingdom And Their Impact On Other Signatories To The European Convention Of Human Rights, Sameera Dalvi Jan 2003

Homosexuality And The European Court Of Human Rights: Recent Judgments Against The United Kingdom And Their Impact On Other Signatories To The European Convention Of Human Rights, Sameera Dalvi

University of Florida Journal of Law & Public Policy

No abstract provided.


The Impact Of Medicaid Estate Recovery On Nontraditional Families, Diane Lourdes Dick Jan 2003

The Impact Of Medicaid Estate Recovery On Nontraditional Families, Diane Lourdes Dick

University of Florida Journal of Law & Public Policy

No abstract provided.


Harm To The "Fabric Of Society" As A Basis For Regulating Otherwise Harmless Conduct: Notes On A Theme From Ravin V. State, Eric A. Johnson Jan 2003

Harm To The "Fabric Of Society" As A Basis For Regulating Otherwise Harmless Conduct: Notes On A Theme From Ravin V. State, Eric A. Johnson

Seattle University Law Review

This article explores the possibility that harm to the fabric of society provides the best justification for some statutes that prohibit otherwise harmless conduct. This article considers three illustrations: first, the incest statutes, which, even in progressive states like Alaska and New York, prohibit a wide array of basically harmless conduct; second, a Massachusetts statute regulating the use of human silhouettes in target practice; and finally, legislation that would prohibit the medical procedure known as "partial-birth abortion.'" After discussing these illustrations, there is a close analysis of the general argument for the preservation of moral reaction patterns. The ultimate validity …


Civil Rights Plaintiffs And John Doe Defendants: A Study In § 1983 Procedure, Howard M. Wasserman Jan 2003

Civil Rights Plaintiffs And John Doe Defendants: A Study In § 1983 Procedure, Howard M. Wasserman

Faculty Publications

No abstract provided.


The Professional Professor, Kent D. Syverud Jan 2003

The Professional Professor, Kent D. Syverud

Vanderbilt Journal of Transnational Law

Welcome to the Vanderbilt Law School and to this happy occasion in which we reflect on the life and career of Jonathan Charney. I say this is a "happy" occasion deliberately. There have been two months and a lot of tears since Jonathan died, and I know for many people here including me the loss is still deeply felt in expected and unexpected ways. But we are celebrating today, and we should be happy as we reflect on the extraordinary career and accomplishments and life of Jonathan Charney.


Illegality And Public Policy, Boon Leong, Andrew Phang Jan 2003

Illegality And Public Policy, Boon Leong, Andrew Phang

Research Collection Yong Pung How School Of Law

No abstract provided.


How Should We Theorize Class Interests In Thinking About Professional Regulation: The Early Naacp As A Case Example, Susan Carle Jan 2003

How Should We Theorize Class Interests In Thinking About Professional Regulation: The Early Naacp As A Case Example, Susan Carle

Scholarly Articles in Law Reviews & Journals

INTRODUCTION The Editors of the Cornell Journal of Law and Public Policy have specifically requested that I address in this essay some research I finished quite a while ago, but to which I hope to return in the near future, concerning the history of the first national legal committee of the National Association for the Advancement of Colored People (NAACP). (1) Therefore, I plan to raise a big picture question left unanswered by that earlier research here: how should we understand lawyers' class interests in relation to their involvement in the development of legal ethics rules concerning public interest law …


Reconceptualizing Criminal Law Defenses, Victoria Nourse Jan 2003

Reconceptualizing Criminal Law Defenses, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

In 1933, one of the leading theorists of the criminal law, Jerome Michael, wrote openly of the criminal law "as an instrument of the state." Today, criminal law is largely allergic to claims of political theory; commentators obsess about theories of deterrence and retribution, and the technical details of model codes and sentencing grids, but rarely speak of institutional effects or political commitments. In this article, the author aims to change that emphasis and to examine the criminal law as a tool for governance. Her approach is explicitly constructive: it accepts the criminal law that we have, places it in …