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Articles 1 - 30 of 108
Full-Text Articles in Law
Detailing Daubert, The Hon. E Richard Webber, Dana M. Malkus
Detailing Daubert, The Hon. E Richard Webber, Dana M. Malkus
All Faculty Scholarship
When Justice Blackmun wrote Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), the assignment was to reconcile the standards governing the admissibility of expert testimony with Federal Rule of Evidence 702. As Justice Blackmun recognized, Frye v. United States, 293 F. 1013 (D.C. Cir. 1923), had long served as the polestar for determining the admissibility of expert testimony in litigation. Although the test developed by the Frye court was ultimately rejected when the Supreme Court announced new rules regarding the admissibility of expert testimony, the Frye court’s recognition of the purpose behind admitting expert testimony remains instructional: …
Foreword, Andrea D. Mcnairy, Gregory Anderson
Foreword, Andrea D. Mcnairy, Gregory Anderson
Saint Louis University Public Law Review
No abstract provided.
Executing People With Mental Disabilities: How We Can Mitigate An Aggravating Situation, Ronald J. Tabak
Executing People With Mental Disabilities: How We Can Mitigate An Aggravating Situation, Ronald J. Tabak
Saint Louis University Public Law Review
No abstract provided.
The Insanity Defense: History And Problems, James F. Hooper, M.D.
The Insanity Defense: History And Problems, James F. Hooper, M.D.
Saint Louis University Public Law Review
No abstract provided.
Mental Illness And The Death Penalty, Eileen P. Ryan, Sarah B. Berson
Mental Illness And The Death Penalty, Eileen P. Ryan, Sarah B. Berson
Saint Louis University Public Law Review
No abstract provided.
Tinkering With The Machinery Of Death – Mental Capacity, Ability, And Eligibility For The Death Penalty, Michael A. Wolff
Tinkering With The Machinery Of Death – Mental Capacity, Ability, And Eligibility For The Death Penalty, Michael A. Wolff
Saint Louis University Public Law Review
No abstract provided.
Capital Punishment And Mental Health Issues: Global Examples, Nicola Browne, Seema Kandelia, Rupa Reddy, Peter Hodgkinson, O.B.E.
Capital Punishment And Mental Health Issues: Global Examples, Nicola Browne, Seema Kandelia, Rupa Reddy, Peter Hodgkinson, O.B.E.
Saint Louis University Public Law Review
No abstract provided.
Foreword, Kate M. Heideman, Gregory Anderson
Foreword, Kate M. Heideman, Gregory Anderson
Saint Louis University Public Law Review
No abstract provided.
Sniffing Out The Problems: A Casenote Study Of The Analysis And Effects Of The Supreme Court’S Decision In Illinois V. Caballes, Amanda M. Basch
Sniffing Out The Problems: A Casenote Study Of The Analysis And Effects Of The Supreme Court’S Decision In Illinois V. Caballes, Amanda M. Basch
Saint Louis University Public Law Review
No abstract provided.
Mental Health Courts And Title Ii Of The Ada: Accessibility To State Court Systems For Individuals With Mental Disabilities And The Need For Diversion, Ronda Cress, J. Neil Grindstaff, S. Elizabeth Malloy
Mental Health Courts And Title Ii Of The Ada: Accessibility To State Court Systems For Individuals With Mental Disabilities And The Need For Diversion, Ronda Cress, J. Neil Grindstaff, S. Elizabeth Malloy
Saint Louis University Public Law Review
No abstract provided.
Imminent Change: A Recommended Response For Missouri In The Wake Of The Supreme Court’S Eminent Domain Decision In Kelo V. City Of New London, Timothy Niedbalski
Imminent Change: A Recommended Response For Missouri In The Wake Of The Supreme Court’S Eminent Domain Decision In Kelo V. City Of New London, Timothy Niedbalski
Saint Louis University Public Law Review
No abstract provided.
What, Me Worry? The Multi-Front Assault On Privacy, Andrew Askland
What, Me Worry? The Multi-Front Assault On Privacy, Andrew Askland
Saint Louis University Public Law Review
No abstract provided.
Citizen Access And Government Secrecy, Paul Haridakis
Citizen Access And Government Secrecy, Paul Haridakis
Saint Louis University Public Law Review
No abstract provided.
Is Silence Golden? Not After Hiibel V. Sixth Judicial District Court Of Nevada, James Ryan Kelly
Is Silence Golden? Not After Hiibel V. Sixth Judicial District Court Of Nevada, James Ryan Kelly
Saint Louis University Public Law Review
No abstract provided.
Personal Information In Government Records: Protecting The Public Interest In Privacy, Grayson Barber
Personal Information In Government Records: Protecting The Public Interest In Privacy, Grayson Barber
Saint Louis University Public Law Review
No abstract provided.
Has The Law Of Products Liability Spoiled The True Purpose Of Trademark Licensing? Analyzing The Responsibility Of A Trademark Licensor For Defective Products Bearing Its Mark, Jennifer Rudis Deschamp
Has The Law Of Products Liability Spoiled The True Purpose Of Trademark Licensing? Analyzing The Responsibility Of A Trademark Licensor For Defective Products Bearing Its Mark, Jennifer Rudis Deschamp
Saint Louis University Public Law Review
No abstract provided.
Identity And Market For Loyalties Theories: The Case For Free Information Flow In Insurgent Iraq, Paul D. Callister
Identity And Market For Loyalties Theories: The Case For Free Information Flow In Insurgent Iraq, Paul D. Callister
Saint Louis University Public Law Review
No abstract provided.
“What Is Sauce For The Gander Is Sauce For The Goose:” Enforcing Child Support On Former Same-Sex Partners Who Create A Child Through Artificial Insemination, Michael L. Hopkins
“What Is Sauce For The Gander Is Sauce For The Goose:” Enforcing Child Support On Former Same-Sex Partners Who Create A Child Through Artificial Insemination, Michael L. Hopkins
Saint Louis University Public Law Review
No abstract provided.
Hud’S Obligation To “Affirmatively Further” Fair Housing: A Closer Look At Hope Vi, Herbert R. Giorgio Jr.
Hud’S Obligation To “Affirmatively Further” Fair Housing: A Closer Look At Hope Vi, Herbert R. Giorgio Jr.
Saint Louis University Public Law Review
No abstract provided.
Horizontal And Vertical Equity In Taxation As Constitutional Principles: Germany And The United States Contrasted, Henry Ordower
Horizontal And Vertical Equity In Taxation As Constitutional Principles: Germany And The United States Contrasted, Henry Ordower
All Faculty Scholarship
Explores U. S. Supreme Court and German Constitutional Court decisions that apply their respective constitutions to taxation controversies, especially controversies in matters involving equal protection or due process protection.
Markets For Markets: Origins And Subjects Of Information Markets, Miriam A. Cherry, Robert L. Rogers
Markets For Markets: Origins And Subjects Of Information Markets, Miriam A. Cherry, Robert L. Rogers
All Faculty Scholarship
This Article focuses on why information markets have covered certain subject areas, sometimes of minor importance, while neglecting other subject areas of greater significance. To put it another way, why do information markets exist to predict the outcome of the papal conclave and the Michael Jackson trial, but no information markets exist to predict government policy conclusions, Supreme Court decisions, or the rulings in Delaware corporate law cases? Arguably, from either a dollar value or a social utility perspective, these areas of law and business would be more important than the outcome of, say, the Jackson trial. Why, then, do …
It's About The Relationship: Collaborative Law In The Employment Context, Marcia L. Mccormick
It's About The Relationship: Collaborative Law In The Employment Context, Marcia L. Mccormick
All Faculty Scholarship
Work is central to American life and drives us in fundamental ways. And the workplace, as a result, dominates our lives. We are spending ever greater amounts of time in the workplace and less time in civic and social engagements. As a consequence, our relationships at work have become so significant that they are nearly as important to us as our family relationships. In fact, the employment relationship is similar to the family relationship in the emotional support from coworkers it can provide and in the financial support it provides. Because the employment relationship is so common and psychologically so …
The Mysterious Survival Of The Policy Against Informed Consent Liability For Hospitals, Robert Gatter
The Mysterious Survival Of The Policy Against Informed Consent Liability For Hospitals, Robert Gatter
All Faculty Scholarship
The role of hospitals in managing the informed consent process for hospital-based treatments has expanded substantially over the last several decades. Most recently, many hospitals have installed multi-media platforms designed to provide a patient with basic information about a recommended procedure, including its associated risks, and to record the patient’s consent to or rejection of the procedure. Yet, despite the substantial control that hospitals exercise over the informed consent process, state courts routinely dismiss informed consent claims brought against hospitals, holding that only physicians have the training and expertise to satisfy informed consent obligations and therefore that only physicians may …
Comparative Law Observations On Taxation Of Same-Sex Couples, Henry Ordower
Comparative Law Observations On Taxation Of Same-Sex Couples, Henry Ordower
All Faculty Scholarship
Identifies the various models for addressing the interplay between same sex relationship protections and taxation outside the United States.
Gender Mainstreaming In International Trade: Catalyst For Economic Development And Political Stability, Constance Z. Wagner
Gender Mainstreaming In International Trade: Catalyst For Economic Development And Political Stability, Constance Z. Wagner
All Faculty Scholarship
This paper examines the role of gender mainstreaming in international trade policy and law upon the tenth anniversary of the Beijing Declaration and Platform for Action (“Beijing Declaration”) and the World Trade Organization (“WTO”). The author notes that these two topics have not been successfully integrated but will need to be if globalization is to proceed in a meaningful, positive way. After tracing the historical development of gender mainstreaming at the international level through the Beijing Declaration, the author outlines the manner in which various intergovernmental organizations within the United Nations system have implemented its mandate. However, gender mainstreaming is …
Antitrust & Hospital Mergers: Does The Nonprofit Form Affect Competitive Substance?, Thomas L. Greaney
Antitrust & Hospital Mergers: Does The Nonprofit Form Affect Competitive Substance?, Thomas L. Greaney
All Faculty Scholarship
Following a string of government losses in cases challenging hospital mergers in federal court, the Federal Trade Commission and the Department of Justice issued their report on competition in health care seeking to set the record straight on a number of issues that underlie the judiciary's resolution of these cases. One such issue is the import of nonprofit status for applying antitrust law. This essay describes antitrust's role in addressing the consolidation in the hospital sector and the subtle influence that the social function of the nonprofit hospital has had in merger litigation. Noting that the political and social context …