Digital Commons Network^™

Remarks: Clerks Of Judge Luther A. Wilgarten, Jr., Roger J. Miner '56

Judges

No abstract provided.

Remarks To Litigation Department, Cahill, Gordon & Reindel, Roger J. Miner '56

Law Practice

No abstract provided.

Federal Civil Appellate Practice In The United States Court Of Appeals For The Second Circuit, Roger J. Miner '56

Law Practice

No abstract provided.

Administrative Res Judicata In Ohio: A Suggestion For The Future, Randy J. Hart

Cleveland State Law Review

This note will focus on the law of res judicata as applied by the state courts of Ohio regarding decisions handed down by Ohio's administrative agencies. While there exists a body of law on the federal level pertaining to administrative res judicata, which appears to be well settled, the Ohio Supreme Court has not yet ruled on whether the decision of an administrative body will have res judicata effect in a subsequent action in an Ohio state court. This note will suggest that Ohio courts should reject administrative res judicata where its effect would be to bind the state courts …

Webster And Women's Equality, Dawn E. Johnsen, Marcy J. Wilder

Articles by Maurer Faculty

No abstract provided.

Will Roe V. Wade Survive The Rehnquist Court?, Dawn E. Johnsen, Marcy Wilder

Articles by Maurer Faculty

No abstract provided.

Are Twelve Heads Better Than One?, Phoebe C. Ellsworth

Articles

Few advocates of the jury system would argue that the average juror is as competent a tribunal as the averagejudge. Whatever competence the jury has is a function of two of its attributes: its number and its interaction. The fact that a jury must be composed of at least six people,' with different backgrounds, experiences, and perspectives, provides some protection against decisions based on an idiosyncratic view of the facts. Not only must the jury include at least six people, but they must be chosen in a manner that conforms to the ideal of the jury as representative of community …

Bad Judicial Activism And Liberal Federal-Courts Doctrine: A Comment On Professor Doernberg And Professor Redish, Jack M. Beermann

Faculty Scholarship

JUDUCIAL ACTIVISM IS often portrayed as a liberal vice. This perception is wrong both historically and, as Professor Redish argues, ³ currently as well. The federal judiciary has been and still is an activist institution, working with both substantive law and jurisdictional rules to achieve its own policy goals. It has done this in statutory, constitutional, and common-law matters. Specifically, the Supreme Court of the United States has actively-shaped the jurisdiction of the federal courts in a restrictive and generally conservative manner.

Professors Doernberg⁴ and Redish attack this last form of activism by the federal courts, activism in shaping …

Commentary On 'Multiemployer Bargaining Rules': The Limitations Of A Strictly Economic Analysis, Theodore J. St. Antoine

Articles

Labor law bulks large on the docket of the United States Supreme Court. Yet never would I have included Charles D. Bonanno Linen Service, Inc. v. NLRB, dealing with the seemingly mundane issue of an employer's right to withdraw from multiemployer bargaining, in the select company of cases addressing such pulse-quickening subjects as affirmative action, picketing as free speech, and union antitrust liability. Professor Douglas Leslie's elegant and provocative article shows just how wrong I was--or at least just how far imaginative analysis can go toward seeing a world in a grain of sand. I lay no claim to expertise …

Opinion Of The Supreme People's Court On Questions Concerning The Implementation Of The General Principles Of Civil Law Of The People's Republic Of China (Translation), Whitmore Gray, Henry R. Zheng

Articles

The General Principles of Civil Law of the People's Republic of China ("General Principles") came into force on January 1, 1987. We now issue the following Opinion concerning issues encountered when implementing the General Principles

Public Programs, Private Deciders: The Constitutionality Of Arbitration In Federal Programs, Harold H. Bruff

Publications

No abstract provided.

Hold The Corks: A Comment On Paul Carrington's "Substance" And "Procedure" In The Rules Enabling Act, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

Peer Review: I'Ll Give You My Opinion If You Don't Tell Anyone What It Is: An Analysis Of University Of Pennsylvania V. Eeoc, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case University of Pennsylvania v. EEOC, 493 U.S. 192 (1990). The author expected the Court to decide whether the EEOC may subpeopna peer review documents submitted to a university tenure committee when investigating charges that the committee engaged in impermissible discrimination when denying tenure to an associate professor.

Who Pays The Piper If You Cut Into The Dance? An Analysis Of Independent Federation Of Flight Attendants V. Zipes, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Indpendent Federation of Flight Attendants v. Zipes, 491 U.S. 754 (1989). The author expected the Court to address what standard the courts should apply in deciding whether to assess attorney's fees against an unsuccessful intervenor in federal employment discrimination cases.

The Report Of The Third Circuit Task Force On Federal Rule Of Civil Procedure 11: An Update, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

Toward An Auction Market For Corporate Control And The Demise Of The Business Judgment Rule, Mark J. Loewenstein

Publications

No abstract provided.

The Early Role Of The Attorney General In Our Constitutional Scheme: In The Beginning There Was Pragmatism, Susan Low Bloch

Georgetown Law Faculty Publications and Other Works

This article attempts to accomplish two distinct but related objectives. First, it initiates the proposed systematic study of the Office of the Attorney General by examining its early role. Second, it explores how these early experiences help to answer today's questions. To those ends, part I examines the establishment of the Office of the Attorney General. Studying the genesis of the office and contrasting it to the other significant offices created by the First Congress, such as the Secretaries of Foreign Affairs, War, and Treasury, reveals the priorities and concerns of these early legislators, many of whom had been instrumental …

Witness Preparation, John S. Applegate

Articles by Maurer Faculty

No abstract provided.

Book Review. Behind Bakke: Affirmative Action And The Supreme Court By Bernard Schwartz, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.

A Common Law Lawyer On The Supreme Court: The Opinions Of Justice Stevens, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

Does Competency Matter After Charters?, Michael L. Perlin, Michael L. Perlin

Articles & Chapters

No abstract provided.

The Foreign Sovereign Immunities Act And Act Of State, Malvina Halberstam

Articles

No abstract provided.

La Abogacía En Los 90, Horacio M. Lynch

Horacio M. LYNCH

No abstract provided.