Law Commons^™

Say What?? Confusion In The Courts Over What Is The Proper Standard Of Review For Hearsay Rulings, Todd Bruno

Todd Bruno

Understanding and applying the hearsay rule and its exceptions is probably the most difficult and confusing task for lawyers and trial judges. Understanding and applying the proper standard of review when assessing potential errors of a trial court is probably the most difficult and confusing task for an appellate court. When combining the two concepts, appellate courts cannot figure out whether the analysis of hearsay and its exceptions involves resolution of fact questions, legal questions, or whether it is a matter of discretion of the trial court that should not be reversed unless that discretion was abused. The Sixth and …

Exclusionary Zoning Enforcement, Passé Or Alive And Kicking?, Tim Iglesias

Tim Iglesias

This article reviews several recent state cases challenging zoning actions as exclusionary. It identifies patterns in the cases and finds that under certain circumstances courts will limit local governments’ exclusionary actions.

Finding Room For Fairness In Formalism--The Sliding Scale Approach To Unconscionability, Melissa T. Lonegrass

Melissa T. Lonegrass

This Article evaluates the sliding scale approach to unconscionability, defends its use, and advocates for its continued and expanded application to consumer standard form contracts. Part I describes the sliding scale approach and its recent popularity in state courts, thereby filling a gap in the scholarly doctrine, which has to date failed to fully examine this trend. Parts II and III defend the sliding scale approach, praising its potential to align the unconscionability analysis with interdisciplinary research regarding consumer behavior and to balance formalist concerns about judicial regulation of unfair terms in standard form contracts. Finally, Part IV calls for …

Best Practices For Drafting University Technology Assignment Agreements After Filmtec, Stanford V. Roche, And Patent Reform, Parker Miles Tresemer

Parker Tresemer

Since the end of World War II, federally funded universities and private companies have been an integral part of continued American innovation and technological production. However, like most rational economic actors, universities and private companies are only willing to invest in federally funded technologies if they are guaranteed some sort of exclusive return on their investment. By granting federal contractors exclusive patent rights to their employee’s federally funded inventions, the Bayh-Dole Act provided the necessary incentives for private sector investment in federally funded technologies. However, case law subsequent to Bayh-Dole’s enactment has significantly undermined the system of incentives Congress intended …

Instructing The Jury, Nancy Marder

Nancy S. Marder

No abstract provided.

Judging Reality Television Judges, Nancy Marder

Nancy S. Marder

No abstract provided.

Excerpts From Introduction To The Jury At A Crossroad: The American Experience And Introduction To The 50th Anniversary Of 12 Angry Men, Nancy Marder

Nancy S. Marder

No abstract provided.

Reunifying Property In The Classroom: Starting With The Questions, Not The Answers, Tim Iglesias

Tim Iglesias

This essay argues that the myriad property doctrines and rules are answers to several consistent legal questions, and that these questions provide a useful framework for teaching Property law. The problem with Property Law courses is that we cover a slew of topics in which we load students up with a wide variety of (often conflicting) answers to these questions without ever revealing that all of the doctrines and rules are responses to the same set of questions.

The proposed framework offers the questions as reference points for navigating the sea of common law Property doctrines and rules. A student …