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Articles 1 - 30 of 33
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For The Civil Practitioner: Review Of Fourth Circuit Opinions In Civil Cases Decided November 1, 1991 Through December 31, 1992: Vii - Federal Civil Procedure, Joan M. Shaughnessy
For The Civil Practitioner: Review Of Fourth Circuit Opinions In Civil Cases Decided November 1, 1991 Through December 31, 1992: Vii - Federal Civil Procedure, Joan M. Shaughnessy
Scholarly Articles
Review of Fourth Circuit Opinions in Civil Cases.
For The Civil Practitioner: Review Of Fourth Circuit Opinions In Civil Cases Decided November 1, 1991 Through December 31, 1992: Xi - Securities Regulation, Lyman P.Q. Johnson
For The Civil Practitioner: Review Of Fourth Circuit Opinions In Civil Cases Decided November 1, 1991 Through December 31, 1992: Xi - Securities Regulation, Lyman P.Q. Johnson
Scholarly Articles
Not available.
Corporate Takeovers And Corporate Law: Who's In Control?, Lyman P.Q. Johnson, David K. Millon
Corporate Takeovers And Corporate Law: Who's In Control?, Lyman P.Q. Johnson, David K. Millon
Scholarly Articles
No abstract provided.
Juries, Judges And Democracy, (Reviewing Shannon C. Stimson, The American Revolution In The Law: Anglo-American Jurisprudence Before John Marshall (1990)), David K. Millon
Scholarly Articles
None available.
Information, Imagery, And The First Amendment: A Case For Expensive Protection Of Commercial Speech, Rodney A. Smolla
Information, Imagery, And The First Amendment: A Case For Expensive Protection Of Commercial Speech, Rodney A. Smolla
Scholarly Articles
Not available.
For The Civil Practitioner: Review Of Fourth Circuit Opinions In Civil Cases Decided November 1, 1991 Through December 31, 1992: Ii. Arbitration, Labor Relations And Employment Discrimination, Mark H. Grunewald
Scholarly Articles
Review of Fourth Circuit Opinions in Civil Cases.
Withdrawal Of Treatment For Minors In A Persistent Vegetative State: Parents Should Decide, Ann Maclean Massie
Withdrawal Of Treatment For Minors In A Persistent Vegetative State: Parents Should Decide, Ann Maclean Massie
Scholarly Articles
No abstract provided.
Tort Claims In Counterinsurgency Operations: The British Experience In Ireland, 1919–21, Michael F. Noone Jr.
Tort Claims In Counterinsurgency Operations: The British Experience In Ireland, 1919–21, Michael F. Noone Jr.
Scholarly Articles
No abstract provided.
The Passive Personality Principle, Geoffrey R. Watson
The Passive Personality Principle, Geoffrey R. Watson
Scholarly Articles
This Article examines the merits of the passive personality principle of criminal jurisdiction, focusing particularly on United States practice. Part II traces the evolution of passive personality jurisdiction in United States law, asserting that passive personality jurisdiction had almost no place in United States law until the 1970s, when Congress began to seek ways to punish terrorist acts against Americans overseas. Part III argues that international law should permit states to exercise passive personality jurisdiction, but only if the defendant is not prosecuted either by the state in which the crime was committed or by the defendant's home state. Part …
Constitutionalism, Judicial Review, And The World Court, Geoffrey R. Watson
Constitutionalism, Judicial Review, And The World Court, Geoffrey R. Watson
Scholarly Articles
This Article considers whether the World Court can and should review the validity of acts of the Security Council and General Assembly. Part I argues that the text and negotiating history of the U.N. Charter leave room for the World Court to exercise at least some power of judicial review but do not delineate the precise scope or effect of such review. Part II asserts that the World Court has in fact repeatedly exercised a power of judicial review, albeit deferentially, over acts by the Security Council and the General Assembly. Part III argues that the World Court can review …
Biomedicine And Bioethics: De Lege Lata, De Lege Ferenda, George P. Smith Ii
Biomedicine And Bioethics: De Lege Lata, De Lege Ferenda, George P. Smith Ii
Scholarly Articles
No abstract provided.
The Pope’S Submarine, John H. Garvey
The Pope’S Submarine, John H. Garvey
Scholarly Articles
This Article looks at the conflict between religious authority and liberal politics from a point of view within the Catholic Church. It examines the grounds of the teaching authority asserted by the Church, the scope and strength of that authority, and the possibility that obedience to authority will create dilemmas for religiously committed public officials. For purposes of illustration it uses New York Governor Mario Cuomo's religious and political observations on the subject of abortion.
Black And White Images, John H. Garvey
Black And White Images, John H. Garvey
Scholarly Articles
In 1989 the National Endowment for the Arts (the "NEA") caused a stir by funding two exhibitions of photographs by Robert Mapplethorpe and Andres Serrano. The pictures were vulgar and irreverent, and many people thought that the NEA should not sponsor them with tax money. Whether the NEA can actually control the content of speech that it pays for is a hard First Amendment question. I want to look at how Congress has tried to answer it. Congress seriously considered two solutions, and adopted one of them in 1990. Both rely on analogies drawn from the area of race relations. …
Expanding Our Vision Of Legal Services Representation:The Hermanas Unidas Project, Stacy Brustin
Expanding Our Vision Of Legal Services Representation:The Hermanas Unidas Project, Stacy Brustin
Scholarly Articles
No abstract provided.
Administrative Law And Labor Law: The Supreme Court’S 1991-92 Docket, Marshall J. Breger
Administrative Law And Labor Law: The Supreme Court’S 1991-92 Docket, Marshall J. Breger
Scholarly Articles
No abstract provided.
The Legal Dilemma Of Partner Notification During The Hiv Epidemic, Raymond C. O'Brien
The Legal Dilemma Of Partner Notification During The Hiv Epidemic, Raymond C. O'Brien
Scholarly Articles
No abstract provided.
The Bifurcation Of Undersecured Residential Mortgages Under Sec. 1322(B)(2) Of The Bankruptcy Code: The Final Resolution, Veryl Victoria Miles
The Bifurcation Of Undersecured Residential Mortgages Under Sec. 1322(B)(2) Of The Bankruptcy Code: The Final Resolution, Veryl Victoria Miles
Scholarly Articles
In August of 1992 the Fifth Circuit Court of Appeals, in its decision in Nobleman v. American Savings Bank (In re Nobleman), interpreted § 1322(b)(2) of the Code as prohibiting the bifurcation of a claim secured only by a lien against a debtor's principal residence. This decision is contrary to the position taken previously by the Courts of Appeals for the Second, Third, Ninth and Tenth Circuits on the same question. On December 7, 1992 the Supreme Court granted a petition for certiorari, filed by the debtor in Nobleman, to resolve the split now existing among the courts of appeals. …
Defined Benefit Plan Funding: How Much Is Too Much?, Regina T. Jefferson
Defined Benefit Plan Funding: How Much Is Too Much?, Regina T. Jefferson
Scholarly Articles
Ideally, the role of policymakers is to make laws which effectuate change consistent with public interest. However, in order for policy makers to meet this demand, it is necessary for them to identify distinct issues and their respective causes and long term effects. In furtherance of this goal, as it relates to the issue of accelerated funding of qualified defined benefit plans, this Article will address the following questions: (1) whether it is practical to separate the concept of accelerated funding from impending plan termination, (2) whether the removal of excess assets from terminating plans can be deterred in ways …
'Posterity' In The Preamble And A Positivist Pro-Life Position, Raymond B. Marcin
'Posterity' In The Preamble And A Positivist Pro-Life Position, Raymond B. Marcin
Scholarly Articles
Arguments for the overturning of the Roe decision can be grouped into two categories: (1) the positivist argument that, contrary to the assertions in the Roe decision, nothing in the Constitution protects the right to privacy in the abortion decision (thus leaving legislatures free to regulate the matter), and (2) the natural law argument that a fetus or unborn child has a fundamental and inalienable right to life (thus preventing legislatures from regulating the matter, except for compelling governmental reasons). The right-to-life movement is grounded upon the latter, natural law position. The difficulty for the pro-life movement is that, if …
Market And Non-Market Mechanisms For Procuring Human And Cadaveric Organs: When The Price Is Right, George P. Smith Ii
Market And Non-Market Mechanisms For Procuring Human And Cadaveric Organs: When The Price Is Right, George P. Smith Ii
Scholarly Articles
In the United States, as well as throughout the world, current demands for organ transplants far exceed the actual supply. Nonconsensual human donations, taken from minors, incompetents and prisoners are regulated carefully by the courts. The Uniform Anatomical Gift Act and the National Organ Transplant Act serve also as statutory frameworks for organ retrievals and allocations and place various restrictions upon each. Altruistically motivated donations at death continue to be an inadequate mechanism for meeting the growing demands of the market. Included among the various approaches to resolving the critical shortage of human organs for transplantation are post mortem harvesting, …
Look Before You Lend: A Lender’S Guide To Financing Government Contracts Pursuant To The Assignment Of Claims Act, Heidi Mandanis Schooner, Steven L. Schooner
Look Before You Lend: A Lender’S Guide To Financing Government Contracts Pursuant To The Assignment Of Claims Act, Heidi Mandanis Schooner, Steven L. Schooner
Scholarly Articles
This Article briefly summarizes the origin of the Assignment of Claims Act, discusses the lender's ability to obtain a valid assignment of moneys due or to become due under a government contract (but not the numerous other assignment issues that a government contracts practitioner might confront), analyzes the priorities of competing claims against the government for payment of government receivables, and describes the procedure for asserting a claim against the government for payment.
Private Power And The Constitution, John H. Garvey
Private Power And The Constitution, John H. Garvey
Scholarly Articles
No abstract provided.
Providing Legal Protection For Battered Women: An Analysis Of State Statutes And Case Law, Catherine F. Klein, Leslye E. Orloff
Providing Legal Protection For Battered Women: An Analysis Of State Statutes And Case Law, Catherine F. Klein, Leslye E. Orloff
Scholarly Articles
This Article presents a comprehensive survey of civil protection order statutes and state appellate opinions in all fifty jurisdictions, the District of Columbia, and Puerto Rico. We examine recent developments and trends, and highlight innovations. We include recommendations for further legislative reform and for creative development of case law. We have incorporated available social science research, the published policies and recommendations of judicial authorities, and the legal literature written by domestic violence experts. Moreover, our recommendations are based on our experience as domestic violence advocates. Each of us has represented battered women in court for more than a decade.
In …
Cover Your Ears, John H. Garvey
Cover Your Ears, John H. Garvey
Scholarly Articles
Lee v. Weisman holds that public schools cannot offer prayers at graduation ceremonies. It has another curious implication: according to George Dent, it also means that public schools must excuse religious dissenters from offensive parts of the currculum. I think this is an astute observation. The issues are not alike doctrinally Weisman is an Establishment Clause case; the curriculum cases are Free Exercise cases. But the schools cause similar harms in both cases; they do so mostly by exposing children to unwelcome ideas. Why is this so upsetting? Why object to hearing people talk? I want to make three observations: …
Defending Defenders: Remarks On Nichol And Pierce, Marshall J. Breger
Defending Defenders: Remarks On Nichol And Pierce, Marshall J. Breger
Scholarly Articles
No abstract provided.
Constitution Making In The Countries Of Former Soviet Dominance: Current Development, Rett R. Ludwikowski
Constitution Making In The Countries Of Former Soviet Dominance: Current Development, Rett R. Ludwikowski
Scholarly Articles
The article consists of two parts. The first is the update of constitutional transformation in the region experiencing the retreat from communism. The organization of this part requires some explanation. The part breaks down into two separate chapters on constitution-drafting in former Soviet Republics and in the new democracies of East-Central Europe. As the former Soviet republics existed within the same statehood until the end of 1991, it seemed appropriate to assemble comments on political developments in the former U.S.S.R in one subchapter examining the end of Gorbachev's era and the process of the establishment of the Commonwealth of Independent …
Reviving The Swan, Extending The Curse Of Methuselah, Or Adhering To The Kevorkian Ethic?, George P. Smith Ii
Reviving The Swan, Extending The Curse Of Methuselah, Or Adhering To The Kevorkian Ethic?, George P. Smith Ii
Scholarly Articles
No abstract provided.
Coordinating Family Violence Cases: A Suggested Approach, Catherine F. Klein
Coordinating Family Violence Cases: A Suggested Approach, Catherine F. Klein
Scholarly Articles
No abstract provided.
Should Arbitrators Follow The Law?, David A. Lipton
Should Arbitrators Follow The Law?, David A. Lipton
Scholarly Articles
No abstract provided.
Teaching Professional Responsibility In Law School, Leah Wortham
Teaching Professional Responsibility In Law School, Leah Wortham
Scholarly Articles
I was pleased to be asked to write about teaching professional responsibility in law school. Ten years and sixteen classes of professional responsibility have allowed me to form many views. The following is organized in a variation of the journalist's standard five questions (who, what, when, where, and how). I consider WHAT to teach in professional responsibility courses, WHO should teach them, WHEN to teach the subject, HOW to teach it, and WHY it is hard to do.