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Articles 1 - 10 of 10
Full-Text Articles in Law
Due Process Requires Notice Before Individual Monetary Claims Of Absent Class Members Are Barred By Res Judicata., Teresa Agnes Hunter
Due Process Requires Notice Before Individual Monetary Claims Of Absent Class Members Are Barred By Res Judicata., Teresa Agnes Hunter
St. Mary's Law Journal
Abstract Forthcoming.
The Civil Investigative Demand: A Constitutional Analysis And Model Proposal, Anthony J. Mcfarland
The Civil Investigative Demand: A Constitutional Analysis And Model Proposal, Anthony J. Mcfarland
Vanderbilt Law Review
This Note first traces the initial judicial reaction to administrative demands for information and administrative investigations and delineates the constitutional requirement set forth therein. The Note next examines the development of CIDs and analyzes decisions upholding their constitutionality. This Note contends that most courts either have incorrectly applied current administrative standards to the CID or have failed to apply such standards altogether. The analysis is broken down into six parts,each dealing with a separate constitutional basis for a CID challenge. Because most suits that contest CIDs are based on fourth amendment search and seizure issues, the bulk of this Note …
Liability Of Directors Under The Federal Securities Code, Thomas D. Washburne, Jr.
Liability Of Directors Under The Federal Securities Code, Thomas D. Washburne, Jr.
Vanderbilt Law Review
The proposed solution to the controversy surrounding civil liability under the Code and its relationship to indemnification, contribution, and insurance is not a panacea. It is not as neat as one would desire, and it leaves questions unanswered, such as whether the indemnification and contribution changes ought to apply beyond section 1704. Nevertheless, the proposal is internally consistent--an improvement over the Code's liability and indemnification provisions. Furthermore, it has a sound policy basis, and it attempts to meet the arguments of both sides of the American Law Institute debate. In summary, the proposal is as follows:(1) Define inside directors as …
Liability For Proceeding With Unfounded Litigation, John R. Jones, Jr.
Liability For Proceeding With Unfounded Litigation, John R. Jones, Jr.
Vanderbilt Law Review
The important issues for this Note are the meaning of "good ground" and the nature of the sanctions available in a given case.One can conceive of many ways in which a pleading could lack good ground. At one extreme, -the attorney might know that the facts alleged were untrue."' Alternatively, the facts alleged, though not positively known to be untrue, might be based solely on speculation--as when the plaintiff, unsure who assaulted him, picked a name from the telephone directory on a hunch and sued that person." Between these egregious cases and the case in which the allegations have good …
The Civil Law Enforcement Of Contractual Covenants, Allen P.K. Keese
The Civil Law Enforcement Of Contractual Covenants, Allen P.K. Keese
University of Miami Inter-American Law Review
No abstract provided.
Implied Causes Of Action: A New Analytical Framework, 14 J. Marshall L. Rev. 141 (1980), Robert L. Carter, James E. Cumberworth Jr.
Implied Causes Of Action: A New Analytical Framework, 14 J. Marshall L. Rev. 141 (1980), Robert L. Carter, James E. Cumberworth Jr.
UIC Law Review
No abstract provided.
Private Causes Of Action From Federal Statutes: A Strict Standard For Implication By Sole Reliance On Legislative Intent, William Francis Drewry Gallalee
Private Causes Of Action From Federal Statutes: A Strict Standard For Implication By Sole Reliance On Legislative Intent, William Francis Drewry Gallalee
University of Richmond Law Review
The implication doctrine allows a federal court to create a private cause of action from a federal statute that does not expressly provide for a private remedy. In Cort v. Ash, the Supreme Court articulated a four factor test to determine when this doctrine should be utilized. This comment will provide a brief history of the implication doctrine and of the major Supreme Court decisions that culminated in the Cort test. Relevant Supreme Court decisions after Cort,will then be examined to reveal a new, more restrictive approach to implication. Finally, reasons will be advanced that justify this stricter approach.
Wisconsin, Illinois, Ontario - Three Roads To Marital Property Law Reform, Richard W. Bartke, Lori A. Zurvalec
Wisconsin, Illinois, Ontario - Three Roads To Marital Property Law Reform, Richard W. Bartke, Lori A. Zurvalec
Loyola University Chicago Law Journal
No abstract provided.
The Entanglement Test Of The Religion Clauses -- A Ten Year Assessment, Kenneth F. Ripple
The Entanglement Test Of The Religion Clauses -- A Ten Year Assessment, Kenneth F. Ripple
Journal Articles
During its 1979 Term, the Supreme Court of the United States passed the ten-year mark in its employment of the so-called "excessive entanglement" test of the religion clauses. During the past decade this concept has developed from a simple expression of one of the accepted policy considerations underlying interpretation of the religion clauses to an identifiably separate test in establishment clause analysis. In this latter role, the Court has employed the concept to accomplish two distinct, although analytically related, objectives. First, it has sought to identify those legal and administrative relationships between civil and religious authorities which are likely to …
A Historical Inquiry Into The Right To Trial By Jury In Complex Civil Litigation, Morris S. Arnold
A Historical Inquiry Into The Right To Trial By Jury In Complex Civil Litigation, Morris S. Arnold
Articles by Maurer Faculty
No abstract provided.