Loyola University of Chicago law journal. Loyola University Chicago. School of Law最新文献_第3页

An Emotion-Based Approach to Freedom of Speech 以情感为基础的言论自由

Loyola University of Chicago law journal. Loyola University Chicago. School of Law Pub Date : 2008-04-01 DOI: 10.2139/SSRN.1115869

R. Wright

引用次数: 5

The Difference the Mini-DOMAs Make Mini-DOMAs的不同之处

Loyola University of Chicago law journal. Loyola University Chicago. School of Law Pub Date : 2007-01-01 DOI: 10.12987/9780300135138-011

A. Koppelman

{"title":"The Difference the Mini-DOMAs Make","authors":"A. Koppelman","doi":"10.12987/9780300135138-011","DOIUrl":"https://doi.org/10.12987/9780300135138-011","url":null,"abstract":"Forty-four states now have statutes barring same-sex marriage. These laws were enacted in three waves, in response to the progress of the movement toward same-sex marriage. In the early 1970s, reacting to a few lawsuits filed by same-sex couples who sought to marry, a number of states enacted laws declaring that marriage would only be recognized between a man and a woman. A larger wave of statutes was enacted after a 1993 Hawaii Supreme Court decision made it seem likely that Hawaii would shortly recognize same-sex marriage.1 Finally, the most recent wave of laws and constitutional amendments followed decisions in which state supreme courts in Vermont and Massachusetts construed their states’ constitutions as mandating the recognition of same-sex relationships.2 In this essay, I will discuss how these laws affect cases involving choice of law issues. Some of the consequences of these laws are surprising. Some are so harsh and irrational as to make the laws unconstitutional. At the time of this essay’s writing, in June 2006, there were forty states with post-1993 mini-Defense of Marriage Acts (“mini-DOMAs”), so called because they mimic the effort of the federal Defense of Marriage Act of 19963 to contain the interstate effect of one state’s","PeriodicalId":81898,"journal":{"name":"Loyola University of Chicago law journal. Loyola University Chicago. School of Law","volume":"10 1","pages":"265-278"},"PeriodicalIF":0.0,"publicationDate":"2007-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74913434","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

In Prosecutors We Trust: UK Lessons for Illinois Disclosure 《我们信任的检察官:英国对伊利诺伊州信息披露的教训》

Loyola University of Chicago law journal. Loyola University Chicago. School of Law Pub Date : 2006-08-01 DOI: 10.2139/SSRN.922105

S. Kuo, Chris Taylor

{"title":"In Prosecutors We Trust: UK Lessons for Illinois Disclosure","authors":"S. Kuo, Chris Taylor","doi":"10.2139/SSRN.922105","DOIUrl":"https://doi.org/10.2139/SSRN.922105","url":null,"abstract":"This article examines the duty of American prosecutors to ensure fair trials and safeguard confidence in the criminal justice system. To accomplish this, the article seeks, by comparative study, to evaluate the likelihood that recent amendments to the Illinois disclosure rules will strengthen prosecutorial observance of evidentiary disclosure responsibilities in light of the problems encountered by the United Kingdom in implementing similar reforms. Prosecutorial failures to disclose exculpatory evidence to the defense significantly contributed to the widely-publicized problems in the administration of the death penalty in Illinois. These errors led to a series of death row exonerations, and, in response, the Illinois legislature and courts adopted additional rules for preventing disclosure violations. Analysis of the UK disclosure experience with analogous reforms reveals many lessons for Illinois and other states wishing to address problems surrounding the disclosure of exculpatory evidence. In assessing the potential of the Illinois reforms to achieve prosecutorial compliance with disclosure duties, this article takes an essential first step towards developing an effective model of disclosure, which should prove instructive for policymakers dedicated to advancing the due process protections secured by the prosecutorial duty to disclose.","PeriodicalId":81898,"journal":{"name":"Loyola University of Chicago law journal. Loyola University Chicago. School of Law","volume":"5 1","pages":"695"},"PeriodicalIF":0.0,"publicationDate":"2006-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88857392","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

Reconstructing the Software License 重构软件许可证

Loyola University of Chicago law journal. Loyola University Chicago. School of Law Pub Date : 2004-02-17 DOI: 10.31228/osf.io/kgeus

M. J. Madison

引用次数: 21

It's my body, it's my choice: the Partial-Birth Abortion Ban Act of 2003. 这是我的身体，这是我的选择:2003年的部分分娩堕胎禁令法案。

Loyola University of Chicago law journal. Loyola University Chicago. School of Law Pub Date : 2004-01-01

Tamara F Kushnir

引用次数: 0

Website Access: The Case for Consent 网站访问:同意的案例

Loyola University of Chicago law journal. Loyola University Chicago. School of Law Pub Date : 2003-06-27 DOI: 10.2139/SSRN.420620

D. McGowan

{"title":"Website Access: The Case for Consent","authors":"D. McGowan","doi":"10.2139/SSRN.420620","DOIUrl":"https://doi.org/10.2139/SSRN.420620","url":null,"abstract":"This paper presents a Coasean defense of the use of the trespass to chattels tort to regulate access to websites and private networks connected to the Internet. Consent to use should be presumed from the owner's choice to connect a site or network to the Internet. In most cases, however, owners should be able to stop unwanted uses by notifying a user that the owner objects to particular uses. The trespass to chattels tort provides courts a doctrinal basis to enjoin uses to which an owner does not consent. Injunctions facilitate bargaining. Because transaction costs are low in such cases, bargaining will better approximate the optimal social equilibrium of uses than would alternative regimes, such as judicial management of access through the doctrine of nuisance. There may be cases where utilitarian analysis suggests deviating from this approach, but they would be the exception, not the default. This paper also takes issue with the prevailing critique of the trespass tort. The basic premise of the prevailing critique is that chattel are different from real property because the law recognizes an interest in holding real property free from harmless intermeddling but does not recognize such an interest for chattel. The Restatement of torts says just the opposite, however, a point the prevailing critique does not acknowledge. The difference between real property and chattel is that the law provides a cause of action for harmless intermeddling with the former, and provides only a privilege to use self-help to protect the latter. When the interest in being free from even harmless intermeddling is taken into account, the prevailing critique reduces to the proposition that courts should not recognize new torts even when legally recognized interests are violated and the means the law expects to protect those interests fail to do so. That proposition is excessively formal and provides no normative basis for criticizing the doctrine.","PeriodicalId":81898,"journal":{"name":"Loyola University of Chicago law journal. Loyola University Chicago. School of Law","volume":"90 1","pages":"341"},"PeriodicalIF":0.0,"publicationDate":"2003-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91042288","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 4

The Stewardship of Lawyering: Lessons from a Visit to Wendell Berry's Port William 律师的管理:温德尔·贝瑞的威廉港之旅的教训

Loyola University of Chicago law journal. Loyola University Chicago. School of Law Pub Date : 2003-01-01 DOI: 10.2139/SSRN.374502

P. Lebel

引用次数: 0

Anti-Catholicism and Modern Church-State Relations 反天主教与现代政教关系

Loyola University of Chicago law journal. Loyola University Chicago. School of Law Pub Date : 2001-12-19 DOI: 10.2139/SSRN.294342

Thomas C. Berg

{"title":"Anti-Catholicism and Modern Church-State Relations","authors":"Thomas C. Berg","doi":"10.2139/SSRN.294342","DOIUrl":"https://doi.org/10.2139/SSRN.294342","url":null,"abstract":"This article discusses how disputes over church and state in modern America have been affected by societal attitudes toward Roman Catholicism. It is part of a book in process, a legal and cultural history of church and state in America since the 1940s, when the Supreme Court regularly began to decide such disputes. From the late 1940s through the 1970s, a fairly strict separation of church and state became the dominant ideal in Supreme Court decisions and in elite culture. But the separation ideal has declined in influence in recent years, although it remains strong in some respects. This article discusses how attitudes toward Roman Catholicism in America fit into this story, in three different periods. First, the late 1940s and early 1950s saw a resurgence in fear and distrust of Catholicism, and these contributed to the rise of church-state separationism in constitutional decisions. Second, in the 1960s and 1970s, negative attitudes toward Catholicism might have been expected to decline, but they lingered, and for that and other reasons the ideal of church-state separation became even more strict, especially in restricting aid to religious schools. Finally, in the 1980s and 1990s, the partial rollback of separationism, especially of its restrictions on parochial school aid, has been partly influenced by changes in the nature and importance of anti-Catholicism. Although negative attitudes toward Catholicism certainly remain significant, they are less widely held, are less focused on Catholic schools as such, and are only part of a broader distrust of politically active social conservatives, including evangelical Protestants. The decline in the centrality of the \"Catholic question\" has contributed to a shift in the focus of church-state ideals away from church-state separation and toward equal treatment of different religious views.","PeriodicalId":81898,"journal":{"name":"Loyola University of Chicago law journal. Loyola University Chicago. School of Law","volume":"9 1","pages":"121"},"PeriodicalIF":0.0,"publicationDate":"2001-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90848344","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 10

Adapting Unitary Principles of Professional Responsibility to Unique Practice Contexts: A Reflective Model for Resolving Ethical Dilemmas in Elder Law 统一的职业责任原则适应独特的实践情境:解决老年法伦理困境的反思模式

Loyola University of Chicago law journal. Loyola University Chicago. School of Law Pub Date : 2000-01-01 DOI: 10.2139/SSRN.1656642

J. A. Rosenberg

{"title":"Adapting Unitary Principles of Professional Responsibility to Unique Practice Contexts: A Reflective Model for Resolving Ethical Dilemmas in Elder Law","authors":"J. A. Rosenberg","doi":"10.2139/SSRN.1656642","DOIUrl":"https://doi.org/10.2139/SSRN.1656642","url":null,"abstract":"Despite the professional irresponsibility and criminal conduct by the lawyers acting on behalf of Brooke Astor’s son, the exploitation of elders in the mortgage industry, and the exploding problem of financial exploitation of elders, lawyers will always be faced with situations that demand discretion, analysis, and hard choices. This article provides a conceptual model to guide ethical analysis and help attorneys navigate ethical dilemmas that arise when representing older people and their families. Lawyers must apply norms of professional conduct within a murky landscape of human frailty and emotional turmoil in an atmosphere permeated with the dread of mental incapacity, the possible need for long-term care, and the inevitability of death. It is essential for attorneys to make thoughtful discretionary decisions involving clients, conflicts, and multiple representation within a framework that values problem solving and preventing litigation, but also understands the central role of litigation, and seeks to serve the client most effectively within both contexts.","PeriodicalId":81898,"journal":{"name":"Loyola University of Chicago law journal. Loyola University Chicago. School of Law","volume":"371 1","pages":"403"},"PeriodicalIF":0.0,"publicationDate":"2000-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80479524","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Aging, Rights, and Quality of Life: Prospects for Older People with Developmental Disabilities 老龄化、权利和生活质量:发育性残疾老年人的前景

Loyola University of Chicago law journal. Loyola University Chicago. School of Law Pub Date : 2000-01-01 DOI: 10.5860/choice.37-3067

Mark C. Weber

引用次数: 9