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Selected Works

1997

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Articles 91 - 120 of 140

Full-Text Articles in Law

The Curious Case Of Disappearing Federal Jurisdiction Over Federal Enforcement Of Federal Law: A Vehicle For Reassessment Of The Tribal Exhaustion/Abstention Doctrine, Blake A. Watson Dec 1996

The Curious Case Of Disappearing Federal Jurisdiction Over Federal Enforcement Of Federal Law: A Vehicle For Reassessment Of The Tribal Exhaustion/Abstention Doctrine, Blake A. Watson

Blake A Watson

The Article discusses the tribal exhaustion/abstention doctrine set forth in National Farmers Union Ins. Companies v. Crow Tribe, 471 U.S. 845 (1985) and Iowa Mutual Ins. Co. v. LaPlante, 480 U.S. 9 (1987).

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The Idea Of Fairness In The Law Of Enterprise Liability, Gregory C. Keating Dec 1996

The Idea Of Fairness In The Law Of Enterprise Liability, Gregory C. Keating

Gregory C. Keating

The theory and practice of enterprise liability are oddly disjoined. On the one hand, case rhetoric insists that considerations of fairness are among the primary justifications for imposing enterprise liability. On the other hand, normatively inclined and theoretically ambitious scholarship on enterprise liability is overwhelmingly economic in cast. Economically inclined scholars have flocked to the field, while other kinds of tort theorists have shunned it, implicitly or explicitly conceding it to economic analysis. This paper argues that, contrary to this consensus, there is a powerful and important fairness case to be made for enterprise liability. This case fits the rhetoric …

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Questioning Commodification, (Review Of Margaret J. Radin, "Contested Commodities," Harvard University Press, 1996), Marjorie M. Shultz Dec 1996

Questioning Commodification, (Review Of Margaret J. Radin, "Contested Commodities," Harvard University Press, 1996), Marjorie M. Shultz

Marjorie M. Shultz

No abstract provided.

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Body Science, Lori B. Andrews Dec 1996

Body Science, Lori B. Andrews

Lori B. Andrews

No abstract provided.

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Warranties Of Title, Foreclosure, Sales And The Proposed Revision Of U.C.C. §9-504: Has The Pendulum Swung Too Far?, Robyn L. Meadows Dec 1996

Warranties Of Title, Foreclosure, Sales And The Proposed Revision Of U.C.C. §9-504: Has The Pendulum Swung Too Far?, Robyn L. Meadows

Robyn L Meadows

No abstract provided.

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Statements Against Interest, Reliability, And The Confrontation Clause, John J. Capowski Dec 1996

Statements Against Interest, Reliability, And The Confrontation Clause, John J. Capowski

John J. Capowski

No abstract provided.

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Summary Judgment In Pennsylvania: Time For Another Look At Credibility Issues, J. Palmer Lockard Ii Dec 1996

Summary Judgment In Pennsylvania: Time For Another Look At Credibility Issues, J. Palmer Lockard Ii

J. Palmer Lockard II

Many Iawsuits are characterized by either minor or non-existent disputes over relevant facts, and such cases may be appropriately resolved by a more summary process than a full-blovvn jury trial. In recognition of this phenomenon, courts and administrators have attempted, since at least the eighteenth century, to fashion procedures that expedite civil litigation. Default judgments, judgments on the pleadings, summary judgments and directed verdicts allow courts to enter judgments at various points during the course of the proceedings prior to submitting the case to the jury. The most recent of these procedural devices to achieve trans-substantive application is summary judgment.

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Past As Prologue: Sobering Thoughts On Genetic Enthusiasm, Lori Andrews Dec 1996

Past As Prologue: Sobering Thoughts On Genetic Enthusiasm, Lori Andrews

Lori B. Andrews

No abstract provided.

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Surrounding The Hole In The Doughnut: Discretion And Deference In U.S. Immigration Law, Daniel Kanstroom Dec 1996

Surrounding The Hole In The Doughnut: Discretion And Deference In U.S. Immigration Law, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

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International Trade Agreements: Vehicles For Regulatory Reform?, David A. Wirth Dec 1996

International Trade Agreements: Vehicles For Regulatory Reform?, David A. Wirth

David A. Wirth

No abstract provided.

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Transracial Adoption (Tra): Old Prejudices And Discrimination Float Under A New Halo, Ruth-Arlene W. Howe Dec 1996

Transracial Adoption (Tra): Old Prejudices And Discrimination Float Under A New Halo, Ruth-Arlene W. Howe

Ruth-Arlene W. Howe

No abstract provided.

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The Context Of Employment Discrimination In Japan, Allen Madison Dec 1996

The Context Of Employment Discrimination In Japan, Allen Madison

Allen Madison

This article compares employment practices and laws regarding discrimination in Japan to those in the United States. Then it compares the cultural contexts in which discrimination and related regulation exist in each country. The article concludes that the Japanese laws are effective in the context of Japanese culture and that they are more likely to change Japanese attitudes about age, race, and gender in making hiring and promotion decisions than laws in the United States.

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Reliance Damages In The Law Of Sales Under Article 2 Of The Uniform Commercial Code, Michael T. Gibson Dec 1996

Reliance Damages In The Law Of Sales Under Article 2 Of The Uniform Commercial Code, Michael T. Gibson

Michael T. Gibson

The article uses the text, legislative history, and purpose of Article 2′s remedial sections to show that the drafters intended only to provide expectation damages in Sales law. It empirically studies the types of Sales cases for which Contracts scholars have recommended the use of reliance damages, and it finds that courts actually award such damages in only 14 of 467 such cases (2.9%).

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Jewish Law And Modern Business Structures: The Corporate Paradigm, Michael J. Broyde, Steven H. Resnicoff Dec 1996

Jewish Law And Modern Business Structures: The Corporate Paradigm, Michael J. Broyde, Steven H. Resnicoff

Steven Resnicoff

Many religious systems purport to govern both the financial and ritual activities of their adherents at the same time that these activities are ruled by secular legal systems. This phenomenon raises fascinating questions regarding the conceptual and practical interrelationships between these overlapping systems. Under Jewish law, for instance, a persons rights or responsibilities may decisively depend on whether a person is deemed the owner of a particular piece of property. In contemporary times, however, Jews often participate in various business organizations that are, at least ostensibly, creations of secular law. As a result, it becomes critical to establish whether, and …

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The Question Remains: Are There Terminally Ill Patients Who Have A Constitutional Right To Physician Assistance In Hastening The Dying Process, Donald H. Hermann Dec 1996

The Question Remains: Are There Terminally Ill Patients Who Have A Constitutional Right To Physician Assistance In Hastening The Dying Process, Donald H. Hermann

Donald Hermann

No abstract provided.

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The March 1997 Ucc Article 9 Drafting Committee Meeting: A Victory For Consumers?, Alvin C. Harrell Dec 1996

The March 1997 Ucc Article 9 Drafting Committee Meeting: A Victory For Consumers?, Alvin C. Harrell

Alvin C. Harrell

No abstract provided.

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Reconceptualizing The Inherent Distinctiveness Of Product Design Trade Dress, Graeme B. Dinwoodie Dec 1996

Reconceptualizing The Inherent Distinctiveness Of Product Design Trade Dress, Graeme B. Dinwoodie

Graeme B. Dinwoodie

No abstract provided.

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An Oklahoma Slant To Environmental Protection And The Politics Of Property Rights, Drew L. Kershen Dec 1996

An Oklahoma Slant To Environmental Protection And The Politics Of Property Rights, Drew L. Kershen

Drew L. Kershen

No abstract provided.

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Twisted Interests: People In Interest Of S.A.H. And The State Of Open Adoptions In South Dakota, Thomas E. Simmons Dec 1996

Twisted Interests: People In Interest Of S.A.H. And The State Of Open Adoptions In South Dakota, Thomas E. Simmons

Thomas E. Simmons

In People in Interest of S.A.H., the South Dakota Supreme Court held that open adoptions, or post-adoption visitation by the natural parents, while not prohibited under South Dakota law when in the best interests of the child, should only be mandated when the trial court finds that it is in the best interests of the child by clear and convincing evidence. The court also instructed trial courts to weigh the needs of the child, the effect on integration with the new family, and the potential effect on the pool of other prospective adoptive parents. This decision, while securing judicial enforcement …

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Impact Of Revised Ucc Articles 3 And 4 On Forgery And Alteration Scenarios, Alvin C. Harrell Dec 1996

Impact Of Revised Ucc Articles 3 And 4 On Forgery And Alteration Scenarios, Alvin C. Harrell

Alvin C. Harrell

No abstract provided.

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Case Developments In Consumer Bankruptcy Highlight Need For Statutory Reform, Alvin C. Harrell, Richard E. Coulson, Timothy D. Kline Dec 1996

Case Developments In Consumer Bankruptcy Highlight Need For Statutory Reform, Alvin C. Harrell, Richard E. Coulson, Timothy D. Kline

Alvin C. Harrell

No abstract provided.

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Book Review: Legal And Healthcare Ethics For The Elderly, Phyllis E. Bernard Dec 1996

Book Review: Legal And Healthcare Ethics For The Elderly, Phyllis E. Bernard

Phyllis E. Bernard

No abstract provided.

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Banking And Finance 1997: An Overview Of Chartering And Regulatory Developments, Alvin C. Harrell Dec 1996

Banking And Finance 1997: An Overview Of Chartering And Regulatory Developments, Alvin C. Harrell

Alvin C. Harrell

No abstract provided.

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The Consumer Issues Agenda Of The National Bankruptcy Review Commission, Alvin C. Harrell Dec 1996

The Consumer Issues Agenda Of The National Bankruptcy Review Commission, Alvin C. Harrell

Alvin C. Harrell

No abstract provided.

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Consumer Credit In Review, Alvin C. Harrell Dec 1996

Consumer Credit In Review, Alvin C. Harrell

Alvin C. Harrell

No abstract provided.

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Empowering The Provider: A Better Way To Resolve Medicare Hospital Payment Disputes, Phyllis E. Bernard Dec 1996

Empowering The Provider: A Better Way To Resolve Medicare Hospital Payment Disputes, Phyllis E. Bernard

Phyllis E. Bernard

No abstract provided.

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Lead Paint Disclosure Requirements For Residential Real Estate, Alvin C. Harrell Dec 1996

Lead Paint Disclosure Requirements For Residential Real Estate, Alvin C. Harrell

Alvin C. Harrell

No abstract provided.

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Ucc Article 9 Drafting Committee Considers October 1996 Draft, Alvin C. Harrell Dec 1996

Ucc Article 9 Drafting Committee Considers October 1996 Draft, Alvin C. Harrell

Alvin C. Harrell

No abstract provided.

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Subprime Lending Issues Reflect Industry Turmoil And Progress, Alvin C. Harrell Dec 1996

Subprime Lending Issues Reflect Industry Turmoil And Progress, Alvin C. Harrell

Alvin C. Harrell

No abstract provided.

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Status Report: The Conference Article 9 Subcommittee And The Uniform Law Revision Process, Alvin C. Harrell Dec 1996

Status Report: The Conference Article 9 Subcommittee And The Uniform Law Revision Process, Alvin C. Harrell

Alvin C. Harrell

No abstract provided.

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