Digital Commons Network^™

Resting In Mid-Air, The Supreme Court Strikes The Traditional Peremptory Challenge And Creates A New Creature, The Challenge For Semi-Cause: Edmonson V. Leesville Concrete Company, Bill K. Felty

Tulsa Law Review

No abstract provided.

Justice Brennan's Gender Jurisprudence, Rebecca Korzec

All Faculty Scholarship

During his thirty-four year tenure on the Supreme Court, Justice William Joseph Brennan, Jr. demonstrated unparalleled sensitivity to the protection of individual rights. Justice Brennan's landmark opinions included Baker v. Carr, Goldberg v. Kelly, and New York Times Co. v. Sullivan. before Brennan, Supreme Court jurisprudence exalted judicial passivity by employing techniques for avoiding constitutional issues, such as abstention, comity, exhaustion of remedies and the political question doctrine.

Against this background, Brennan became an active judicial voice in a series of innovative landmark cases, including decisions requiring federal officials to pay damages for violation of citizens' constitutional rights; authorizing federal …

Of Federalism, Secession, Canada And Quebec, Greg Craven

Dalhousie Law Journal

This article does not seek to examine comprehensively either the political or the legal intricacies of the possible secession of Quebec from Canada. To either task, the author's knowledge would be unequal. In general terms, all that is aimed at here is the very modest goal of bringing to bear upon the present Quebec-Canada scenario perceptions garnered from a consideration of similar (though different) situations which have arisen in other federations, and especially in the Australian federation. More specifically, what is attempted is three things. First, a brief discussion is undertaken of the concept of secession as such. Second, secession …

Vol. 42, No. 2, September 23, 1991, University Of Michigan Law School

Res Gestae

•Study: Minority Professors Less Likely to Receive Tenure •Students Give up Lavish Flybacks to Help Homeless •Kamisar, Kahn Debate Fourth Amendment Issues •Sanor Pitches RG Ball to Mandel •Letters to the Editor •To Be or Not to Be… PC: An Essay on Diversity •The Politics of a Judicial Nomination •Business School Students Learn "Global Citizenship" •Danilenko Describes Soviet Union's Many Problems •Reflections on a Summer Past •The Docket •The Madden Rule •Intramural Sports •Sarah Bernhard and That Singing Feeling •Thoughts from the Armchair... •Dr. Manitsky Gets Tough •Law in the Raw

Civil Law, Common Law, And Constitutional Democracy, Walter F. Murphy

Louisiana Law Review

No abstract provided.

Res Ipsa Loquitur, Seton Hall University School Of Law

Newspapers

No abstract provided.

The European Alternative To Uniformity In Corporation Laws, Alfred F. Conard

Michigan Law Review

Although the European Communities chose many patterns of business law that were parallel to the American, they deliberately rejected the American freedom of each state to frame its corporation law to suit itself. They decided to impose not complete uniformity, but a degree of "coordination" of "equivalent safeguards" that they deemed appropriate to the existence of an economic union. Leading commentators have described the process as "harmonization."

The decision to coordinate stimulates reflection on the relative merits of the American system of giving states a free choice of corporation regimes, restricted only marginally by federal securities regulation, and the European …

Upside/Down View Of The Countermajoritarian Difficulty, Steven L. Winter

Law Faculty Research Publications

No abstract provided.

Judicial Notice February 25th, 1991 V17 N9, The Catholic University Of America, Columbus School Of Law

Judicial Notice

No abstract provided.

With Malice Toward None: A New Look At Defamatory Republication And Neutral Reportage, James E. Boasberg

UC Law SF Communications and Entertainment Journal

The common law has not looked favorably upon republishers of defamatory material, believing that "one who republishes a libel adopts it as his own." Starting from the fair report privilege and moving to the wire service defense and neutral reportage, courts have gradually carved out niches of protection for republishers. This Article first analyzes the wire service defense and proposes that it should be expanded to cover republished stories about public and private figures from reliable publications. After examining the history of neutral reportage, this Article then proposes a new constitutional privilege: Media defendants may rely on the privilege of …

Book Reviews

Journal of Criminal Law and Criminology

No abstract provided.

Title Vii As Censorship: Hostile Environment Harassment And The First Amendment, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.

The Flying Dutchman Dichotomy: The International Right To Leave V. The Sovereign Right To Exclude, Suzanne Mcgrath Dale

Penn State International Law Review

Traditional international law rules that people must be free to move about the world without undue hindrance, coming and going with reasonable freedom. At the same time, the concept of the sovereign nation includes a right to say who will enter the nation's borders, who will be barred. These two principles are at odds with each other: who is to say that because one may travel freely, any given nation must allow that person to enter? It is conceivable that no nation may allow the traveller to enter. There is no law or right which dictates that every traveller must …

Fighting The War On Drugs In The "New World Order": The Ker-Frisbie Doctrine As A Product Of Its Time, Kirk J. Henderson

Vanderbilt Journal of Transnational Law

This Note analyzes the United States policy of abducting fugitives from abroad to stand trial when an asylum nation refuses an extradition request. The United States has justified this so-called "snatch" authority under the century-old Ker-Frisbie Doctrine. Pursuant to this doctrine, the Supreme Court has refused to examine the means by which a person has been brought before a court. In 1974, however, the United States Court of Appeals for the Second Circuit created a narrow exception that would bar jurisdiction if an accused proved acts of torture, but no defendant has ever met this standard.

Since Ker and Frisbie …

The Enforcement Of Competition Policy In The European Community: A Mature System, Jonathan Faull

Fordham International Law Journal

In what follows, I will review a number of policy issues and offer comments in arguing the case for the maturity of the EC's enforcement system. I will concentrate exclusively on antitrust enforcement, but it should not be forgotten that state aids policy is also an important part of the EC's competition policy.

Re-Examining Hearsay Under The Federal Rules: Some Method For The Madness, Paul S. Milich

Faculty Publications By Year

No abstract provided.

Operation Rescue And The Necessity Defense: Beginning A Feminist Deconstruction, Susan B. Apel

Washington and Lee Law Review

No abstract provided.

College Coaching Contracts: A Practical Perspective, Martin J. Greenberg

Marquette Sports Law Review

No abstract provided.

Brewer's Plea: Critical Thoughts On Common Cause, Richard Delgado

Vanderbilt Law Review

As most legal readers know, members of the Critical Race Studies (CRS) school" and mainstream civil rights scholars have been carrying on a rather spectacular and highly public debate. First, Randall Kennedy, a mainstream scholar, took the newcomers to task in his Racial Critiques article, charging us with making unfounded accusations and grandiose claims,' with finding racial exclusion where none exists, and with various other sins of omission and commission. The controversy moved next to the pages of the popular press. Then, in the June 1990 issue of Harvard Law Review, three members of CRS and a white sympathizer were …

Inaugural Howard Lichtenstein Lecture In Legal Ethics: Lawyer Professionalism As A Moral Argument, Thomas L. Shaffer

Journal Articles

The recurrent movement to call or recall lawyers to professionalism is a moral argument. It is an argument made to individual lawyers, a claim among lawyers, that professionalism has to do with being a good person.

I see two aspects to the claim that professionalism is a moral value: one aspect says to a person "be professional." It is an admonition to virtue. The other aspect says to a person, "be in the profession—be of it," with an appeal that seems familiar from other admonitions we have heard to align ourselves with groups that are supposed to make us better …

Pluralist Establishment: Reflections On The English Experience, Robert E. Rodes

Journal Articles

England's historical and current synthesis of Church and State differs greatly from other European and American experiences. It contrasts sharply with the path taken by most states, which chose to cope with religious pluralism by privatizing religion and by trying to base public life on secular views of human nature. This paper reviews the unique inception, and continuance, of the church-state throughout English history. It also reviews the unique manner in which England chose to deal with religious pluralism while maintaining its established church. After reviewing the English experience of establishment of religion, this paper concludes that the total wall …

The Public School: Beyond The Fringes Of Public Forum Analysis, Brian S. Black

Villanova Law Review

No abstract provided.