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27,061 full-text articles. Page 608 of 633.

Prefácio Aos Prefácios, Paulo Ferreira da Cunha 2010 Universidade do Porto

Prefácio Aos Prefácios, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

No presente artigo, ensaia-se uma sintética teorização em torno dos prefácios. O seu diálogo com o corpo do texto que apresentam não é simples, mas torna-se muito revelador. vale a pena ler e analisar estes textos, que alguns saltam displicentemente, e outros perscrutam com curiosidade...


United States V. Comstock: Justifying The Civil Commitment Of Sexually Dangerous Offenders, Halerie Mahan 2010 Duke Law

United States V. Comstock: Justifying The Civil Commitment Of Sexually Dangerous Offenders, Halerie Mahan

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


Filosofia Antropológica?, Paulo Ferreira da Cunha 2010 Universidade do Porto

Filosofia Antropológica?, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Muito do que se passa nas nossas sociedades, actualmente, depende de termos ou não termos um olhar filosófico, e de termos ou não termos a capacidade perspectivista do antropólogo. O presente artigo chama a atenção para a necessidade de a Filosofia, tentando furtar-se à tirania do Logos na versão dos ares "grão senhores", de que falava Kant, procure o olhar de "terceiro", e o despojamento de recursos da Antropologia cultural.


False Imprisonment As A Tort In India, Hari Priya 2010 NALSAR University of Law

False Imprisonment As A Tort In India, Hari Priya

Hari Priya

The tort of false imprisonment is one of the most severe forms of human rights violation, and this paper aims to define and to understand the concept of false imprisonment as a tort in India. It also seeks to know about the evolution of the notion of false imprisonment as a tort, with reference to Indian and foreign cases, and understand who and when can one be held liable for the tort of false imprisonment. It further deals with the remedies available for the said tort.


Court's Campaign-Financing Decision Endangers Democracy, Alan E. Garfield 2010 Widener Law

Court's Campaign-Financing Decision Endangers Democracy, Alan E. Garfield

Alan E Garfield

No abstract provided.


A Campaign Funding Mess, Kent Greenfield 2010 Boston College Law School

A Campaign Funding Mess, Kent Greenfield

Kent Greenfield

No abstract provided.


Book Review: Jeff Benedict's "Little Pink House": The Back Story Of The Kelo Case, George Lefcoe 2010 University of Southern California

Book Review: Jeff Benedict's "Little Pink House": The Back Story Of The Kelo Case, George Lefcoe

University of Southern California Legal Studies Working Paper Series

Little Pink House is a fast paced account by Jeff Benedict of the events surrounding the 2005 U.S. Supreme Court decision in Kelo v. City of New London. Along with tracking Benedict’s story line, this review also highlights some of the core legal and policy issues that are an important part of the story for law-trained readers. At the core of the tale is how Kelo and a handful of her neighbors challenged the New London Development Corporation’s (NLDC) use of eminent domain for the economic redevelopment of the Fort Trumbull neighborhood. A libertarian-inspired public interest law ...


A Way Out Of The Citizens United Mess?, Kent Greenfield 2010 Boston College Law School

A Way Out Of The Citizens United Mess?, Kent Greenfield

Kent Greenfield

No abstract provided.


Bad Faith Exception To Prosecutorial Immunity For Brady Violations, Bennett L. Gershman 2010 Elisabeth Haub School of Law at Pace University

Bad Faith Exception To Prosecutorial Immunity For Brady Violations, Bennett L. Gershman

Pace Law Faculty Publications

Part I of this Article discusses Imbler’s adoption of absolute immunity for prosecutors. Part II discusses Imbler’s extension of absolute immunity to a prosecutor’s violation of his disclosure duty under Brady v. Maryland. Part III describes the ease with which prosecutors are able to evade the Brady rule and the difficulty of enforcing compliance with Brady. Part IV discusses the absence of any meaningful sanctions to deter and punish prosecutors for willful violations of Brady. Part V proposes a bad faith exception to absolute immunity of prosecutors for Brady violations.


Visionary Pragmatism And The Value Of Privacy In The Twenty-First Century, Danielle Citron, Leslie Henry 2010 University of Maryland School of Law

Visionary Pragmatism And The Value Of Privacy In The Twenty-First Century, Danielle Citron, Leslie Henry

Leslie Meltzer Henry

Despite extensive scholarly, legislative, and judicial attention to privacy, our understanding of privacy and the interests it protects remains inadequate. At the crux of this problem is privacy’s protean nature: it means “so many different things to so many different people” that attempts to articulate just what it is, or why it is important, generally have failed or become unwieldy. As a result, important privacy problems remain unaddressed, often to society’s detriment. In his newest book, Understanding Privacy, Daniel J. Solove aims to reverse this state of affairs with a pluralistic conception of privacy that recognizes the societal ...


Visionary Pragmatism And The Value Of Privacy In The Twenty-First Century, Danielle Keats Citron, Leslie Meltzer Henry 2010 University of Maryland School of Law

Visionary Pragmatism And The Value Of Privacy In The Twenty-First Century, Danielle Keats Citron, Leslie Meltzer Henry

Danielle Keats Citron

Despite extensive scholarly, legislative, and judicial attention to privacy, our understanding of privacy and the interests it protects remains inadequate. At the crux of this problem is privacy’s protean nature: it means “so many different things to so many different people” that attempts to articulate just what it is, or why it is important, generally have failed or become unwieldy. As a result, important privacy problems remain unaddressed, often to society’s detriment. In his newest book, Understanding Privacy, Daniel J. Solove aims to reverse this state of affairs with a pluralistic conception of privacy that recognizes the societal ...


Briscoe V. Virginia: Reexamining The Scope Of Melendez-Diaz, Caroline Mix 2010 Duke Law

Briscoe V. Virginia: Reexamining The Scope Of Melendez-Diaz, Caroline Mix

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


Visionary Pragmatism And The Value Of Privacy In The Twenty-First Century, Danielle Keats Citron, Leslie Meltzer Henry 2010 University of Maryland School of Law

Visionary Pragmatism And The Value Of Privacy In The Twenty-First Century, Danielle Keats Citron, Leslie Meltzer Henry

Leslie Meltzer Henry

Despite extensive scholarly, legislative, and judicial attention to privacy, our understanding of privacy and the interests it protects remains inadequate. At the crux of this problem is privacy’s protean nature: it means “so many different things to so many different people” that attempts to articulate just what it is, or why it is important, generally have failed or become unwieldy. As a result, important privacy problems remain unaddressed, often to society’s detriment. In his newest book, Understanding Privacy, Daniel J. Solove aims to reverse this state of affairs with a pluralistic conception of privacy that recognizes the societal ...


Visionary Pragmatism And The Value Of Privacy In The Twenty-First Century, Danielle Keats Citron, Leslie Meltzer Henry 2010 University of Maryland School of Law

Visionary Pragmatism And The Value Of Privacy In The Twenty-First Century, Danielle Keats Citron, Leslie Meltzer Henry

Danielle Keats Citron

Despite extensive scholarly, legislative, and judicial attention to privacy, our understanding of privacy and the interests it protects remains inadequate. At the crux of this problem is privacy’s protean nature: it means “so many different things to so many different people” that attempts to articulate just what it is, or why it is important, generally have failed or become unwieldy. As a result, important privacy problems remain unaddressed, often to society’s detriment. In his newest book, Understanding Privacy, Daniel J. Solove aims to reverse this state of affairs with a pluralistic conception of privacy that recognizes the societal ...


Clear As Mud: How The Uncertain Precedential Status Of Unpublished Opinions Muddles Qualified Immunity Determinations, David Cleveland 2010 Valparaiso University

Clear As Mud: How The Uncertain Precedential Status Of Unpublished Opinions Muddles Qualified Immunity Determinations, David Cleveland

David R. Cleveland

While unpublished opinions are now freely citeable under Federal Rule of Appellate Procedure 32.1, their precedential value remains uncertain. This ambiguity muddles the already unclear law surrounding qualified immunity and denies courts valuable precedents for making fair and consistent judgments on these critical civil rights issues. When faced with a claim that they have violated a person’s civil rights, government officials typically claim qualified immunity. The test is whether they have violated “clearly established law.” Unfortunately, the federal circuits differ on whether unpublished opinions may be used in determining clearly established law. This article, Clear as Mud: How ...


Codifying Caperton V. A.T. Massey Coal Co., Ronald Rotunda 2010 Chapman University School of Law

Codifying Caperton V. A.T. Massey Coal Co., Ronald Rotunda

Ronald D. Rotunda

Before Caperton v. A.T. Massey Coal Co., 129 S. Ct. 2252, 2266 (2009). due process mandated judicial disqualification in two basic situations: first, when the judge had a direct, personal, and substantial pecuniary interest in the case, or second, when the judge acted as judge, jury, prosecutor, and complaining witness, and there was no need for an instant response. Caperton adds a third category. Due process requires a judge to disqualify himself if a person who is not a party (but is a principal officer of a party) has made substantial independent expenditures to support the successful judicial candidate ...


Penumbral Academic Freedom: Interpreting The Tenure Contract In A Time Of Constitutional Impotence, Richard J. Peltz-Steele 2010 University of Massachusetts School of Law - Dartmouth

Penumbral Academic Freedom: Interpreting The Tenure Contract In A Time Of Constitutional Impotence, Richard J. Peltz-Steele

Faculty Publications

This article recounts the deficiencies of constitutional law and common tenure contract language - the latter based on the 1940 Statement of Principles of the American Association of University Professors - in protecting the academic freedom of faculty on the modern university campus. The article proposes an Interpretation of that common language, accompanied by Illustrations, aiming to describe the penumbras of academic freedom - faculty rights and responsibilities that surround and emanate from the three traditional pillars of teaching, research, and service - that are within the scope of the tenure contract but not explicitly described by it, and therefore too readily subject to ...


The Political Fourth Amendment, Thomas P. Crocker 2010 University of South Carolina School of Law

The Political Fourth Amendment, Thomas P. Crocker

Faculty Publications

The Political Fourth Amendment builds on Justice Ginsburg's recent dissent in Herring v. United States to argue for a "more majestic conception" of the Fourth Amendment focused on protecting political liberty. To put the point dramatically, we misread the Fourth Amendment when we read it exclusively as a criminal procedure provision focused entirely on either regulating police or protecting privacy. In order to see the Fourth Amendment as contributing to the Constitution's protections for political liberty, and not simply as an invitation to regulate police practice, we must take seriously the fact that the Fourth Amendment's textual ...


Bush, Obama And Beyond: Observations On The Prospect For Fact Checking Executive Department Threat Claims Before The Use Of Force, Leslie Gielow Jacobs 2010 University of the Pacific McGeorge School of Law

Bush, Obama And Beyond: Observations On The Prospect For Fact Checking Executive Department Threat Claims Before The Use Of Force, Leslie Gielow Jacobs

McGeorge School of Law Scholarly Articles

This piece looks at the recurring problem of inflated threat claims offered by executive branch actors to persuade the Nation to consent to the use of force. It sets out the experience of the Bush Administration’s use of incorrect threat claims to persuade the country to consent to the use of force in Iraq as a backdrop to evaluating the President Obama’s use of threat claims to support the continuing use of force in Afghanistan. Although comparison of threat advocacy by the Bush and Obama administrations must be imperfect, it allows for some observations about the extent to ...


Justice Souter On Government Speech, Sheldon Nahmod 2010 IIT Chicago-Kent College of Law

Justice Souter On Government Speech, Sheldon Nahmod

All Faculty Scholarship

No abstract provided.


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