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Articles 6211 - 6240 of 16690
Full-Text Articles in State and Local Government Law
Terminating Maintenance Payments When An Ex-Spouse Cohabitates In Illinois: When Is Enough Enough?, 41 J. Marshall L. Rev. 435 (2008), Allan L. Karnes
Terminating Maintenance Payments When An Ex-Spouse Cohabitates In Illinois: When Is Enough Enough?, 41 J. Marshall L. Rev. 435 (2008), Allan L. Karnes
UIC Law Review
No abstract provided.
The Mission Of The Criminal Law Edit, Alignment And Reform Commission (Clear): An Introductory Commentary, 41 J. Marshall L. Rev. 611 (2008), John Decker
UIC Law Review
No abstract provided.
Foreword, 41 J. Marshall L. Rev. Xxvii (2008), Nancee Alexa Barth
Foreword, 41 J. Marshall L. Rev. Xxvii (2008), Nancee Alexa Barth
UIC Law Review
No abstract provided.
Presumptions, Inferences, And Strict Liability In Illinois Criminal Law: Preempting The Presumption Of Innocence?, 41 J. Marshall L. Rev. 715 (2008), Theodore A. Gottfried, Peter G. Baroni
Presumptions, Inferences, And Strict Liability In Illinois Criminal Law: Preempting The Presumption Of Innocence?, 41 J. Marshall L. Rev. 715 (2008), Theodore A. Gottfried, Peter G. Baroni
UIC Law Review
No abstract provided.
Criminal And Sentencing Law Review Commissions: Detached, Contemplative Decision Making On Matters Of Criminal Justice Reform, 41 J. Marshall L. Rev. 777 (2008), John J. Cullerton, Kirk W. Dillard, James B. Durkin, Robert S. Molaro, Peter G. Baroni
Criminal And Sentencing Law Review Commissions: Detached, Contemplative Decision Making On Matters Of Criminal Justice Reform, 41 J. Marshall L. Rev. 777 (2008), John J. Cullerton, Kirk W. Dillard, James B. Durkin, Robert S. Molaro, Peter G. Baroni
UIC Law Review
No abstract provided.
The Clear Initiative And Mental States: 1½ Problems Solved, 41 J. Marshall L. Rev. 701 (2008), Timothy P. O'Neill
The Clear Initiative And Mental States: 1½ Problems Solved, 41 J. Marshall L. Rev. 701 (2008), Timothy P. O'Neill
UIC Law Review
No abstract provided.
Second Degree Murder And Attempted Murder: Clear's Efforts To Maneuver The Slippery Slope, 41 J. Marshall L. Rev. 659 (2008), Michael P. Toomin
Second Degree Murder And Attempted Murder: Clear's Efforts To Maneuver The Slippery Slope, 41 J. Marshall L. Rev. 659 (2008), Michael P. Toomin
UIC Law Review
No abstract provided.
Reforming The Illinois Criminal Code: Where The Clear Commission Stopped Short Of Its Goals, 41 J. Marshall L. Rev. 741 (2008), Terri L. Mascherin, Andrew Vail, Jennifer L. Dlugosz
Reforming The Illinois Criminal Code: Where The Clear Commission Stopped Short Of Its Goals, 41 J. Marshall L. Rev. 741 (2008), Terri L. Mascherin, Andrew Vail, Jennifer L. Dlugosz
UIC Law Review
No abstract provided.
"I'D Grab At Anything. And I'D Forget." Domestic Violence Victim Testimony After Davis V. Washington, 41 J. Marshall L. Rev. 937 (2008), Nancee Alexa Barth
"I'D Grab At Anything. And I'D Forget." Domestic Violence Victim Testimony After Davis V. Washington, 41 J. Marshall L. Rev. 937 (2008), Nancee Alexa Barth
UIC Law Review
No abstract provided.
The Illinois Criminal Code Of 2009: Providing Clarity In The Law, 41 J. Marshall L. Rev. 815 (2008), Governor James R. Thompson, Justice Gino Divito, Peter G. Baroni, Kathy Saltmarsh, Daniel Mayerfeld
The Illinois Criminal Code Of 2009: Providing Clarity In The Law, 41 J. Marshall L. Rev. 815 (2008), Governor James R. Thompson, Justice Gino Divito, Peter G. Baroni, Kathy Saltmarsh, Daniel Mayerfeld
UIC Law Review
No abstract provided.
Case Note: Golden Gate Restaurant Association V. City And County Of San Francisco: Setting The Stage For Supreme Court Review Of The Most Important Preemption Matter In The History Of Erisa, 41 J. Marshall L. Rev. 995 (2008), Joshua Waldbeser
UIC Law Review
No abstract provided.
An Analysis Of The Contraction Of Limited Tort Immunity For Recreational Liability In Illinois, 42 J. Marshall L. Rev. 65 (2008), Barnett P. Ruttenberg, Thomas Gianturco
An Analysis Of The Contraction Of Limited Tort Immunity For Recreational Liability In Illinois, 42 J. Marshall L. Rev. 65 (2008), Barnett P. Ruttenberg, Thomas Gianturco
UIC Law Review
No abstract provided.
Why All The King's Horses And All The King's Men Couldn't Putsovereign Immunity Back Together Again:An Analysis Of The Test Created In James V. Jane, Colleen F. Shepherd
Why All The King's Horses And All The King's Men Couldn't Putsovereign Immunity Back Together Again:An Analysis Of The Test Created In James V. Jane, Colleen F. Shepherd
Richmond Journal of Law and the Public Interest
In creating the test to determine whether government employees in the Commonwealth of Virginia are entitled to the benefit of sovereign tort immunity, the Supreme Court of Virginia stated, "[a] dmittedly, no single all-inclusive rule can be enunciated or applied in determining entitlement to sovereign immunity." The court, however, managed to formulate a four-part test to be consistently applied to each situation requiring a determination of whether sovereign immunity should be granted to a state employee. This article will examine the discretion prong of the four-part test created by the court in James v. Jane and the reasons why the …
New Era Begins: Mental Health Law Reform In Virginia, Jane D. Hickey, Allyson K. Tysinger, William C. Mims
New Era Begins: Mental Health Law Reform In Virginia, Jane D. Hickey, Allyson K. Tysinger, William C. Mims
Richmond Journal of Law and the Public Interest
Amidst calls for mental health reform and a sense of urgency stemming from the tragic events at Virginia Tech, the 2008 session of the Virginia General Assembly convened. The legislative reaction was overwhelming: Legislators introduced a vast array of bills relating to mental health. By the end of the session, the General Assembly enacted the most sweeping revisions to Virginia's mental health laws since the 1970s.
The Search For Moral Neutrality In Same-Sex Marriage Decisions, Adam J. Macleod
The Search For Moral Neutrality In Same-Sex Marriage Decisions, Adam J. Macleod
Scholarly Articles
On May 15, 2008, the California Supreme Court in In re Marriage Cases struck down California‘s conjugal marriage and domestic partnership statutory scheme. On October 10, 2008 the high court of Connecticut struck down that state‘s conjugal marriage and civil union scheme. California and Connecticut thus joined Massachusetts and became the second and third states, respectively, to create the institution of same-sex marriage and to remove marriage between one man and one woman (conjugal marriage) from its privileged place in state law. It is instructive to examine a central premise underlying this project to redefine "marriage," namely that the issue …
Harnessing The Hired Guns: The Substantive Nature Of Ohio Revised Code 2743.43 Under Article Iv, Section 5(B) Of The Ohio Constitution, Patrick Vrobel
Harnessing The Hired Guns: The Substantive Nature Of Ohio Revised Code 2743.43 Under Article Iv, Section 5(B) Of The Ohio Constitution, Patrick Vrobel
Journal of Law and Health
Under Article IV, Section 5(B), rules of procedure that impact the substantive rights of Ohio citizens are considered far too important to be encroached upon by the judiciary. Rules affecting substantive rights, therefore, have been expressly delegated to the legislature. Because rules that regulate the competency of medical experts inevitably encroach upon the ability of a tort victim to seek redress in a court of law, such rules impact substantive rights in very real and tangible ways. As a result, the medical expert statute must control. To find otherwise would permit the judiciary to encroach upon the substantive rights of …
Runaway Grand Jury: Activists Attempt To Redefine Obscenity Law In Kansas, Jill Barton
Runaway Grand Jury: Activists Attempt To Redefine Obscenity Law In Kansas, Jill Barton
Articles
No abstract provided.
The Vesting, Modification, And Financing Of Public Retiree Health Benefits In Light Of New Accounting Rules, 41 J. Marshall L. Rev. 1147 (2008), John Sanchez
UIC Law Review
No abstract provided.
Mansion Or Fortress? The Legal Merits Of Temporary Immunity From Criminal Prosecution For Kentucky's Chief Executive, Nick Jones
Kentucky Law Journal
No abstract provided.
Hothouse Flowers: The Vices And Virtues Of Climate Federalism, Jonathan H. Adler
Hothouse Flowers: The Vices And Virtues Of Climate Federalism, Jonathan H. Adler
Faculty Publications
Federal law preempts state regulation of motor vehicle emissions. California alone is allowed to seek a waiver of such preemption, and unsuccessfully sought such a waiver for the state's regulations limiting greenhouse gas emissions from motor vehicles. The debate and pending litigation over California's effort to obtain a waiver of preemption has focused attention on the state role in climate change policy. This paper explores the role of state governments in developing climate change policy, with a particular focus on how federalism principles and practice should inform judgments about the division of authority between the state and federal governments. As …
Introduction: The Florida Example, 32 Nova L. Rev. 515 (2008), Anthony Niedwiecki, William E. Adams
Introduction: The Florida Example, 32 Nova L. Rev. 515 (2008), Anthony Niedwiecki, William E. Adams
UIC Law Open Access Faculty Scholarship
No abstract provided.
Coming Soon To A Law Practice Near You: The New (And Improved?) Illinois Rules Of Professional Conduct, 39 Loy. U. Chi. L.J. 691 (2008), Alberto Bernabe
Coming Soon To A Law Practice Near You: The New (And Improved?) Illinois Rules Of Professional Conduct, 39 Loy. U. Chi. L.J. 691 (2008), Alberto Bernabe
UIC Law Open Access Faculty Scholarship
No abstract provided.
Why Monuments Are Government Speech: The Hard Case Of Pleasant Grove City V. Summun, 58 Cath. U. L. Rev. 7 (2008), Mary Jean Dolan
Why Monuments Are Government Speech: The Hard Case Of Pleasant Grove City V. Summun, 58 Cath. U. L. Rev. 7 (2008), Mary Jean Dolan
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Castle Doctrine: An Expanding Right To Stand Your Ground Comment., Denise M. Drake
The Castle Doctrine: An Expanding Right To Stand Your Ground Comment., Denise M. Drake
St. Mary's Law Journal
Recently, the Texas Legislature passed Senate Bill 378 effectively terminating a person’s “duty to retreat” when confronted with a criminal attack of either great bodily injury or death. Complicated issues of innocence and guilt arise when one employs deadly force as a means of self-defense. Furthermore, tragic mistakes occur when people preemptively resort to deadly force before the realization of such a threat. Societal questions still exist concerning the possibility that self-defense will turn into self-justice. Critics argue the law encourages a vigilante society, substituting law enforcement help with self-justice. Conversely, supporters believe the bill serves as a deterrent from …
Loose Lips Sink Attorney-Client Ships: Unintended Technological Disclosure Of Confidential Communications Essay., Bill Piatt, Paula Dewitte
Loose Lips Sink Attorney-Client Ships: Unintended Technological Disclosure Of Confidential Communications Essay., Bill Piatt, Paula Dewitte
St. Mary's Law Journal
In general, attorneys must not reveal confidential information relating to the representation of their clients. Attorneys must make reasonable efforts to ensure the attorneys they supervise, as well as their nonlawyer employees, maintain client confidences. In modern days, technology virtually guarantees attorneys and clients will communicate electronically. While most attorneys would not knowingly disclose client confidences, there is a growing problem of unintended disclosure through electronic means. On a practical level, maintaining confidence is of utmost importance to both attorneys and clients. Attorneys may believe they are using good faith and competent, reasonable actions to protect their clients’ information from …
A Meaningless Relationship: The Fifth Circuit's Use Of Dismissed And Uncharged Conduct Under The Federal Sentencing Guidelines Recent Development., Erin A. Higginbotham
A Meaningless Relationship: The Fifth Circuit's Use Of Dismissed And Uncharged Conduct Under The Federal Sentencing Guidelines Recent Development., Erin A. Higginbotham
St. Mary's Law Journal
The Fifth Circuit’s failure to require the uncharged conduct to have a meaningful relationship with the conduct of conviction is flawed. An amendment of section 5K2.21 specifically approved the consideration of uncharged or dismissed offenses to serve as a basis for an upward departure to reflect the actual seriousness of the offense. Confusion amongst federal circuit courts of appeal arose as to whether such conduct included uncharged or dismissed criminal offenses. Interpreting the amendment’s language has caused a circuit split. The Fifth Circuit erroneously interpreted section 5K2.21 as to require nothing more than a “remote connection” between the uncharged crime …
The Metes And Bounds Of Governmental Immunity And Political Subdivisions: Limiting Tort Liability For Municipal Utility Districts In Texas Recent Development., Dawn E. Norman
St. Mary's Law Journal
Abstract Forthcoming.
The 2007 Amendments To The Kentucky Business Entity Statutes, Thomas E. Rutledge
The 2007 Amendments To The Kentucky Business Entity Statutes, Thomas E. Rutledge
Kentucky Law Journal
No abstract provided.
Friction By Design: The Necessary Contest Of State Judicial Power And Legislative Policymaking, Michael L. Buenger
Friction By Design: The Necessary Contest Of State Judicial Power And Legislative Policymaking, Michael L. Buenger
University of Richmond Law Review
No abstract provided.
From Proposition 209 To Proposal 2: Examining The Effects Of Anti-Affirmative Action Voter Initiatives, Michigan Journal Of Race & Law
From Proposition 209 To Proposal 2: Examining The Effects Of Anti-Affirmative Action Voter Initiatives, Michigan Journal Of Race & Law
Michigan Journal of Race and Law
Transcript of the symposium held at the University of Michigan Law School on Saturday, February 9, 2008 in Hutchins Hall Room 100