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Articles 3691 - 3720 of 4201
Full-Text Articles in Public Law and Legal Theory
Can Families Be Efficient? A Feminist Appraisal, Ann Laquer Estin
Can Families Be Efficient? A Feminist Appraisal, Ann Laquer Estin
Michigan Journal of Gender & Law
This Article examines the convergence of feminist and law and economics theory on family law questions, particularly issues of marriage and divorce. Both feminist legal theory and law and economics analysis have come to occupy a significant place in the American legal academy, demonstrated by growing numbers of conferences, journals, casebooks and monographs, and electronic mail lists in each area. Not surprisingly, as the two fields have grown, they have begun to touch, to overlap, and occasionally to come into conflict. This process has been evident in the extensive literature on sex discrimination in employment and is increasingly apparent in …
Washington Defendants' New Right Of Pre-Trial Flight, Christopher T. Igielski
Washington Defendants' New Right Of Pre-Trial Flight, Christopher T. Igielski
Seattle University Law Review
Certainly, it is only by disregarding the "victim's rights" that one can begin to fathom the Washington Supreme Court's decision in State v. Jackson. This decision reversed the conviction of a man who raped his four-year-old niece on Christmas Eve in 1979, causing her to contract gonorrhea. Following his arraignment, Jackson fled and failed to appear at his trial. After attempts to locate Jackson failed, a trial was held in absentia' and he was found guilty of rape, with sentencing suspended pending his return to custody. Jackson evaded the law for nearly thirteen years.'0 Shortly after his eventual capture …
Competition Policy In America 1888-1992: History, Rhetoric, Law, Rudolph J.R. Peritz
Competition Policy In America 1888-1992: History, Rhetoric, Law, Rudolph J.R. Peritz
Books
Americans have long appealed to images of free competition in calling for free enterprise, freedom of contract, free labor, free trade, and free speech. This imagery has retained its appeal in myriad aspects of public policy--for example, Senator Sherman's Anti-Trust Act of 1890, Justice Holmes's metaphorical marketplace of ideas, and President Reagan's rhetoric of deregulation.
In Competition Policy in America, 1888-1992, Rudolph Peritz explores the durability of free competition imagery by tracing its influences on public policy. Looking at congressional debates and hearings, administrative agency activities, court opinions, arguments of counsel, and economic, legal, and political scholarship, he finds …
The Human Genome Project And The End Of Insurance, Roberta M. Berry
The Human Genome Project And The End Of Insurance, Roberta M. Berry
University of Florida Journal of Law & Public Policy
No abstract provided.
Genetically Engineered Plant Pesticides: Recent Developments In The Epa's Regulation Of Biotechnology, Mary Jane Angelo
Genetically Engineered Plant Pesticides: Recent Developments In The Epa's Regulation Of Biotechnology, Mary Jane Angelo
University of Florida Journal of Law & Public Policy
No abstract provided.
Recent Congressional Consumption Tax Proposals: A Theoretical Inquiry Into Their Effects On The Declining U.S. Saving Rate, Thomas Michael Federico
Recent Congressional Consumption Tax Proposals: A Theoretical Inquiry Into Their Effects On The Declining U.S. Saving Rate, Thomas Michael Federico
University of Florida Journal of Law & Public Policy
No abstract provided.
The Franchisor As Predator: Encroachment And The Implied Covenant Of Good Faith, Marc A. Wites
The Franchisor As Predator: Encroachment And The Implied Covenant Of Good Faith, Marc A. Wites
University of Florida Journal of Law & Public Policy
No abstract provided.
Editorial Notes, Robert D. Gehringer
Editorial Notes, Robert D. Gehringer
Richmond Public Interest Law Review
The Editorial Board notes the remarkable evolution of the American Presidency during the twentieth century.
On Conduits And Voices, Thomas Morawetz
On Conduits And Voices, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
Some Recent Developments In Canadian Constitutional Theory With Particular Reference To Beatty And Hutchinson, Richard F. Devlin Frsc
Some Recent Developments In Canadian Constitutional Theory With Particular Reference To Beatty And Hutchinson, Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
This article provides a critique of recent books by two prominent Canadian constitutional theorists - David Beatty's Constitutional Law in Theory and Practice and Allan Hutchinson's Waiting for CORAF: A Critique of Law and Rights. Devlin begins with a brief overview of the various positions that have been staked out in writing on the Canadian Charter of Rights and Freed oms during the last decade. He identifies three broad constituencies: Charter advocates who assume that rights are an "unqualified human good" and that judicial review is an important check on majoritarian zealotry; Charter critics who emphasize the undemocratic nature of …
A Feminist Exploration Of Issues Around Assisted Death, Jocelyn Downie, Susan Sherwin
A Feminist Exploration Of Issues Around Assisted Death, Jocelyn Downie, Susan Sherwin
Articles, Book Chapters, & Popular Press
Although a great deal of public attention has recently been focused on issues around assisted death remarkably little of it has come from an explicitly feminist perspective. This is a serious omission at a time when legislators are feeling pressure to review and perhaps revise existing policies on assisted death, and when the policies they contemplate may have a significant negative and disproportionate impact on women. We think it is essential that there be some discussion of these issues from an explicitly feminist perspective in order to ensure that concerns about the oppression of women become part of the public …
Sanctuary, Redlight Districts, And Washington, D.C.: Some Observations On Neuman's Anomalous Zones (Symposium: Surveying Law And Borders), William I. Miller
Sanctuary, Redlight Districts, And Washington, D.C.: Some Observations On Neuman's Anomalous Zones (Symposium: Surveying Law And Borders), William I. Miller
Articles
The claim is often made that boundaries obviate disputes if they are clear. But boundaries are inseparable from disputes; they seem to invite them as much as obviate them. Note how natural the collocations "disputed boundary" and "boundary dispute" are. The conventional view that one hears a lot in law schools is that once a bright line is drawn then a boundary is "settled." But that supposes that a clear boundary need not be defended or continually justified or that internal changes in the entity it circumscribes and in some ways defines do not affect the integrity of the boundary. …
Table Of Contents
Richmond Public Interest Law Review
The American Presidency in the Twenty-First Century
"Takings" Jurisprudence In The U.S. Supreme Court: The Past 10 Years, Gregory S. Alexander
"Takings" Jurisprudence In The U.S. Supreme Court: The Past 10 Years, Gregory S. Alexander
Cornell Law Faculty Publications
No area of American property law has been more controversial in recent years than the government regulation of uses of private property. No aspect of American constitutional law more sharply poses the dilemma about the legitimate powers of the regulatory state than the requirement that the government pay compensation for takings of property. The purpose of this essay is to acquaint the non-American legal scholar who is unfamiliar with the recent developments in the United States Supreme Court “takings” jurisprudence. The essay does not presuppose any background knowledge about either American constitutional or property law. Instead it attempts to familiarize …
"Originalist" Values And Constitutional Interpretation, Richard Kay
"Originalist" Values And Constitutional Interpretation, Richard Kay
Faculty Articles and Papers
No abstract provided.
Is International Law Fair?, Gerry J. Simpson
Is International Law Fair?, Gerry J. Simpson
Michigan Journal of International Law
Review of Fairness in International Law and Institutions by Thomas M. Franck
A Dozen Propositions On Private Property, Public Rights, And The New Takings Legislation, Carol M. Rose
A Dozen Propositions On Private Property, Public Rights, And The New Takings Legislation, Carol M. Rose
Washington and Lee Law Review
No abstract provided.
Limits On Marketing Of Attorney Services, Veronica Wooten Brace
Limits On Marketing Of Attorney Services, Veronica Wooten Brace
University of Florida Journal of Law & Public Policy
No abstract provided.
Constitutional Law: The Reach Of The Commerce Power Over Noncommercial Acts (Cheffer V. Reno, 55 F.2d 1517 (11th Cir. 1995)), Nina Smith
University of Florida Journal of Law & Public Policy
No abstract provided.
Clergy Sexual Malpractice, John H. Arnold
Clergy Sexual Malpractice, John H. Arnold
University of Florida Journal of Law & Public Policy
No abstract provided.
Rational Euthanasia: Mortality, Morality, And Assisted Suicide, Charles R. Boning
Rational Euthanasia: Mortality, Morality, And Assisted Suicide, Charles R. Boning
University of Florida Journal of Law & Public Policy
No abstract provided.
Copyright Law: Parody And The "Heart" Of The Fair Use Privilege (Campbell V. Acuff-Rose Music, Inc., 114 S. Ct. 1164 (1994)), Nathania Bates
Copyright Law: Parody And The "Heart" Of The Fair Use Privilege (Campbell V. Acuff-Rose Music, Inc., 114 S. Ct. 1164 (1994)), Nathania Bates
University of Florida Journal of Law & Public Policy
No abstract provided.
Pariality, Passion, And Prejudice: The Necessity Of Postverdict Judicial Review (Honda Motor Co. V. Oberg, 114 S. Ct. 2331 (1994)), Troy Kubes
University of Florida Journal of Law & Public Policy
No abstract provided.
Constitutional Law: Taxation Of Contraband And Expansion Of The Double Jeopardy Clause (Department Of Revenue Of Montana V. Kurth Ranch, 114 S. Ct. 1937 (1994)), Charles H. Davis
Constitutional Law: Taxation Of Contraband And Expansion Of The Double Jeopardy Clause (Department Of Revenue Of Montana V. Kurth Ranch, 114 S. Ct. 1937 (1994)), Charles H. Davis
University of Florida Journal of Law & Public Policy
No abstract provided.
Constitutional Law: Premature Federal Adjudication Through The Plain Statement Rule (Arizona V. Evans, 115 S. Ct. 1185 (1995)), W. Craig Williams
Constitutional Law: Premature Federal Adjudication Through The Plain Statement Rule (Arizona V. Evans, 115 S. Ct. 1185 (1995)), W. Craig Williams
University of Florida Journal of Law & Public Policy
No abstract provided.
Our Hearts Were Once Young And Gay: Health Care Rationing And The Elderly, George P. Smith Ii
Our Hearts Were Once Young And Gay: Health Care Rationing And The Elderly, George P. Smith Ii
University of Florida Journal of Law & Public Policy
No abstract provided.
Is This What They Mean By Sex Education? Keeping Sex Offenders Out Of The Schools, Herbert B. Kaplan
Is This What They Mean By Sex Education? Keeping Sex Offenders Out Of The Schools, Herbert B. Kaplan
University of Florida Journal of Law & Public Policy
No abstract provided.
Theorists' Belief: A Comment On The Moral Tradition Of American Constitutionalism, Jospeh Vining
Theorists' Belief: A Comment On The Moral Tradition Of American Constitutionalism, Jospeh Vining
Articles
The Moral Tradition of American Constitutionalism is one of those rare works that leads us to face, at the center of law and legal thought, the largest questions about human life and human purpose. There is a special reader's shudder, a certain gestural shift in the chair, reserved for that moment of realizing where one is being led-not to the edge, but to the center, so that the questions become insistent, and whatever we and others say and do in the face of them becomes our response to them.
Assessing Evidence, Richard D. Friedman
Assessing Evidence, Richard D. Friedman
Reviews
David A. Schum's Evidential Foundations of Probabilistic Reasoning, 2 C.G.G. Aitken's Statistics and the Evaluation of Evidence for Forensic Scientists,3 and Bernard Robertson and G.A. Vignaux's Interpreting Evidence: Evaluating Forensic Science in the Courtroom4 all have something to tell us about how to use and evaluate evidence. Although the books are addressed to different primary audiences5 and their authors come from a variety of disciplines and from distant points of the English-speaking world,6 all three help draw the connection between underlying theory and presentation in the courtroom. Though Schum uses numerous examples from litigation and discusses the legal literature of …
Public Interest Organizations
California Regulatory Law Reporter
No abstract provided.