Now showing items 41-60 of 621

    • Fighting Iran with Trade Sanctions 

      Bhala, Raj (Arizona Journal of International & Comparative Law, 2014)
      How do American trade sanctions against Iran work? Have they worked? Championed by six American Presidents and sixteen Sessions of Congress, these sanctions against Iran have spanned nearly forty years. In that time, the ...
    • Judicial Elections, Judicial Impartiality and Legitimate Judicial Lawmaking: Williams-Yulee v. the Florida Bar 

      Ware, Stephen J. (Vanderbilt Law Review En Banc, 2015-01)
      At the level of constitutional law, Williams-Yulee is a First Amendment case about judicial campaign fundraising. The First Amendment issues raised by judicial campaigns and money in politics are vital, and they are not ...
    • A 20th Century Debate About Imprisonment for Debt 

      Ware, Stephen J. (American Journal of Legal History, 2014-06)
      In the early twentieth century, Parliament debated whether to abolish imprisonment for debt. Parliament’s Select Committee on Debtors (Imprisonment) of 1909 heard testimony from witnesses and issued a report recommending ...
    • The Silver Lining of Downsizing 

      Reeve, Allison C.; McCray Pearson, Joyce A. (2014)
      Downsizing can have a silver lining - if you look for it. All types of work settings are experiencing it. How do you make it a positive experience? A silver lining may come in the form of fulfilling the work needs and ...
    • Overcoming Service Barriers: Effectively Meeting the Needs of International Law Students 

      Reeve, Allison C. (2014-07-15)
      Law schools admitting international students to J.D. and other advanced degree programs find that international students in those programs come to American legal institutions with diverse skill sets and varied information ...
    • Diversity within Unity: Import Laws of Islamic Countries on Haram (Forbidden) Products 

      Bhala, Raj; Keating, Shannon (The International Lawyer, 2014-05-15)
      How do Muslim countries treat importation of goods that Islamic Law (Sharı’a) considers Haram (forbidden), namely, alcoholic beverages and pork products? Why do they do so? What might Muslim countries do, in accordance ...
    • Restraints on Plain View Doctrine: Arizona v. Hicks 

      Jensen, Steven (University of Kansas School of Law, Criminal Justice Clinic, 1988-01-01)
      Before criticizing President Reagan's recent nominations of conservative judges to the Supreme Court, one should note a recent Supreme Court decision authored by Justice Scalia, a Reagan appointee. Those who fear that a ...
    • Defining Interrogation Under Miranda: Arizona v. Mauro 

      Toth, W. Scott (University of Kansas School of Law, Criminal Justice Clinic, 1988-01-01)
      The United States Supreme Court has continuously attempted to define the scope of allowable police interrogation practices. One question that frequently arises is whether particular police conduct amounts to interrogation ...
    • Applying the Good Faith Exception to the Particularity and Execution of Search Warrants : Maryland v. Garrison 

      Smith, David R. (University of Kansas School of Law, Criminal Justice Clinic, 1988-01-01)
      Few social problems in the last decade have raised the public's conscience like illegal drug use and abuse. Television documentaries, advertising campaigns, and drug literature denouncing drug abuse have become commonplace ...
    • Preventive Detention: United States v. Salerno 

      Gunya, Stacey Janssen (University of Kansas School of Law, Criminal Justice Clinic, 1988-01-01)
      Our constitutional form of government is a delicate balance between two important principles: the protection of individual liberty interests and the preservation of society as a whole. United States v. Salerno represents ...
    • The Kansas Death Penalty Debate 

      Tonkovich, Emil A. (University of Kansas School of Law, Criminal Justice Clinic, 1988-01-01)
      The death penalty has been fiercely debated in Kansas for more than ten years. During this period, the Kansas Legislature passed four bills that would have reinstated the death penalty. Former Governor Carlin, however, ...
    • The Threatened Future of Peremptory Challenges – Batson v. Kentucky 

      Cattaneo, M. Christine (University of Kansas School of Law, Criminal Justice Clinic, 1987-01-01)
      The United States Supreme Court has rendered numerous decisions in its effort to eliminate racial discrimination from the selection of juries. In Strauder v. West Virginia, an 1879 case, the Supreme Court first considered ...
    • Interrogations and Police Deceptions – Moran v. Burbine 

      Wright, Bryan L. (University of Kansas School of Law, Criminal Justice Clinic, 1987-01-01)
      The United States Supreme Court recently addressed the issue of whether police officers' failure to inform a suspect of his attorney's efforts to reach him would deprive the suspect of information essential to his ability ...
    • Aerial Surveillance and the Fourth Amendment – California v. Ciraolo 

      Corse, John (University of Kansas School of Law, Criminal Justice Clinic, 1987-01-01)
      Law enforcement officials have increasingly turned to aerial surveillance as a means of combating crime. Aerial surveillance often enables police to view areas that they otherwise would be unable to view without a warrant. ...
    • Survey of Trends in Search and Seizure Law 

      Tonkovich, Emil A. (University of Kansas School of Law, Criminal Justice Clinic, 1987-01-01)
      This article surveys significant trends in search and seizure law. Recent United States Supreme Court decisions are reviewed. The scope of this survey is limited to the following four areas: (1) fourth amendment protected ...
    • Bringing Standards to Life: Synthetic Biology Standards and Intellectual Property 

      Torrance, Andrew W.; Kahl, Linda (Santa Clara High Technology Law Journal, 2014)
      In aspiring to become a true engineering discipline for the biological sciences, the field of synthetic biology has a unique opportunity to create and encourage the widespread adoption of standards to enhance innovation ...
    • Trans-Pacific Partnership or Trampling Poor Partners? A Tentative Critical Review 

      Bhala, Raj (Manchester Journal of International Economic Law, 2014-04)
      The Trans-Pacific Partnership (TPP) could be the most economically and politically significant free trade agreement (FTA) in the Asia-Pacific region. Conceived in 2006 by just four small countries, it now embraces 12 that ...
    • First Generation Indian External Sector Reforms in Context 

      Bhala, Raj (National Law University, Jodhpur, India, 2013)
      India's first generation external sector reforms are a fascinating case study of emergence from a post-Independence socialist-style economy to the world’s largest free market democracy. Part I of this article reviews the ...
    • Originalism, Balanced Legal Realism and Judicial Selection: A Case Study 

      Ware, Stephen J. (Kansas Journal of Law & Public Policy, 2013-07-10)
      The "balanced realist" view that judging inevitably involves lawmaking is widely accepted, even among originalists, such as Justice Scalia, Randy Barnett and Steven Calabresi. Yet many lawyers are still reluctant to ...
    • Is Adjudication a Public Good?: “Overcrowded Courts” and the Private-Sector Alternative of Arbitration 

      Ware, Stephen J. (Cardozo Journal of Conflict Resolution, 2013-07-11)
      One way to end the public subsidy for cases that do not deserve it is for courts to charge the parties to such a case a fee high enough to reimburse the court for its costs of adjudicating the case. Several thoughtful ...