Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 31 - 60 of 86

Full-Text Articles in Law

Segregation And The Original Understanding: A Reply To Professor Maltz., Michael W. Mcconnell Jan 1996

Segregation And The Original Understanding: A Reply To Professor Maltz., Michael W. Mcconnell

Constitutional Commentary

No abstract provided.


Albion Tourgì©E: Remembering Plessy's Lawyer On The 100th Anniversary Of Plessy V. Ferguson., Michael Kent Curtis Jan 1996

Albion Tourgì©E: Remembering Plessy's Lawyer On The 100th Anniversary Of Plessy V. Ferguson., Michael Kent Curtis

Constitutional Commentary

No abstract provided.


Book Review: Fighting Words: Individuals, Communities And Liberties Of Speech. By Kent Greenawalt., Michael E. Rosman Jan 1996

Book Review: Fighting Words: Individuals, Communities And Liberties Of Speech. By Kent Greenawalt., Michael E. Rosman

Constitutional Commentary

Book review: Fighting Words: Individuals, Communities and Liberties of Speech. By Kent Greenawalt. Princeton, N.J.: Princeton University Press. 1995. Pp. 189. Reviewed by: Michael E. Rosman.


Jurisprudence Without Moral Consensus: Constitutional Arguments In Idd For Driving On The Right Or Left Side Of The Road., Nathan A. Adams Iv Jan 1996

Jurisprudence Without Moral Consensus: Constitutional Arguments In Idd For Driving On The Right Or Left Side Of The Road., Nathan A. Adams Iv

Constitutional Commentary

No abstract provided.


Book Review: The Constitution As Political Structure. By Martin Redish., Richard W. Murphy Jan 1996

Book Review: The Constitution As Political Structure. By Martin Redish., Richard W. Murphy

Constitutional Commentary

Book review: The Constitution as Political Structure. By Martin Redish. New York: Oxford University Press. 1995. Pp. 229. Reviewed by: Richard W. Murphy.


The Aftermath Of Thornton., Ronald D. Rotunda Jan 1996

The Aftermath Of Thornton., Ronald D. Rotunda

Constitutional Commentary

No abstract provided.


The Political Implications Of Amending Clauses., Sanford Levinson Jan 1996

The Political Implications Of Amending Clauses., Sanford Levinson

Constitutional Commentary

No abstract provided.


Book Review: The Supreme Court In The Early Republic: The Chief Justiceships Of John Jay And Oliver Ellsworth. By William R. Casto., Stephen B. Presser Jan 1996

Book Review: The Supreme Court In The Early Republic: The Chief Justiceships Of John Jay And Oliver Ellsworth. By William R. Casto., Stephen B. Presser

Constitutional Commentary

Book review: The Supreme Court in the Early Republic: The Chief Justiceships of John Jay and Oliver Ellsworth. By William R. Casto. Columbia, S.C.: University of South Carolina Press, 1995. Pp. xvi, 267. Reviewed by: Stephen B. Presser.


Book Review: Rethinking Abortion: Equal Choice, The Constitution, And Reproductive Politics. By Mark A. Graber., Steven D. Smith Jan 1996

Book Review: Rethinking Abortion: Equal Choice, The Constitution, And Reproductive Politics. By Mark A. Graber., Steven D. Smith

Constitutional Commentary

Book review: Rethinking Abortion: Equal Choice, the Constitution, and Reproductive Politics. By Mark A. Graber. Princeton, New Jersey: Princeton University Press. 1996. Pp. 244. Reviewed by: Steven D. Smith.


Dilemma Of Disparity: Appyling The Federal Setencing Guidelines To Downward Departures Based On Hiv Infection, James C. Macgillis Jan 1996

Dilemma Of Disparity: Appyling The Federal Setencing Guidelines To Downward Departures Based On Hiv Infection, James C. Macgillis

Minnesota Law Review

No abstract provided.


To Be Or Not To Be--The Actual Innocence Exception In Noncapital Sentencing Cases, James J. Sticha Jan 1996

To Be Or Not To Be--The Actual Innocence Exception In Noncapital Sentencing Cases, James J. Sticha

Minnesota Law Review

No abstract provided.


The Last Picture Show (On The Twilight Of Federal Mass Communications Regulation), Jim Chen Jan 1996

The Last Picture Show (On The Twilight Of Federal Mass Communications Regulation), Jim Chen

Minnesota Law Review

No abstract provided.


Living And Learning: Linking Housing And Education, John A. Powell Jan 1996

Living And Learning: Linking Housing And Education, John A. Powell

Minnesota Law Review

No abstract provided.


Hilton Davis Chemical Co. V. Warner-Jenkinson Co.: An Equitable Solution To The Uncertainty Behind The Doctrine Of Equivalents, Joseph F. Haag Jan 1996

Hilton Davis Chemical Co. V. Warner-Jenkinson Co.: An Equitable Solution To The Uncertainty Behind The Doctrine Of Equivalents, Joseph F. Haag

Minnesota Law Review

No abstract provided.


Beyond Brown V. Board Of Education: Housing And Education In The Year 2000, Kenneth B. Clark Jan 1996

Beyond Brown V. Board Of Education: Housing And Education In The Year 2000, Kenneth B. Clark

Minnesota Law Review

No abstract provided.


Keeping Children Out Of Double Jeopardy: An Assessment Of Punishment And Megan's Law In Doe V. Poritz, Kirsten R. Bredlie Jan 1996

Keeping Children Out Of Double Jeopardy: An Assessment Of Punishment And Megan's Law In Doe V. Poritz, Kirsten R. Bredlie

Minnesota Law Review

No abstract provided.


A Critique Of Torcasio V. Murray And The Use Of The Clear Statement Rule To Interpret The Americans With Disabilities Act, Laura E. Walvoord Jan 1996

A Critique Of Torcasio V. Murray And The Use Of The Clear Statement Rule To Interpret The Americans With Disabilities Act, Laura E. Walvoord

Minnesota Law Review

No abstract provided.


Preferential Treatment Or Discriminatory Standards: Do Employer-Provided Insurance Plans Violate Title Vii When They Exclude Treatment For Breast Cancer, Laurie Dechery Jan 1996

Preferential Treatment Or Discriminatory Standards: Do Employer-Provided Insurance Plans Violate Title Vii When They Exclude Treatment For Breast Cancer, Laurie Dechery

Minnesota Law Review

No abstract provided.


Don't Tip The Scales! The Actual Malice Standard Unjustifiably Eliminates First Amendment Protection For Public Employees' Recklessly False Statements, Lesile S. Blickenstaff Jan 1996

Don't Tip The Scales! The Actual Malice Standard Unjustifiably Eliminates First Amendment Protection For Public Employees' Recklessly False Statements, Lesile S. Blickenstaff

Minnesota Law Review

No abstract provided.


The Hardest Question In Constitutional Law, Mark V. Tushnet Jan 1996

The Hardest Question In Constitutional Law, Mark V. Tushnet

Minnesota Law Review

No abstract provided.


Government Subsidies And Free Expression, Martin H. Redish, Daryl I. Kessler Jan 1996

Government Subsidies And Free Expression, Martin H. Redish, Daryl I. Kessler

Minnesota Law Review

No abstract provided.


Taking Back The Giveaways: Minnesota's Corporate Welfare Legislation And The Search For Accountability, Michael H. Lafave Jan 1996

Taking Back The Giveaways: Minnesota's Corporate Welfare Legislation And The Search For Accountability, Michael H. Lafave

Minnesota Law Review

No abstract provided.


Departures Under The Federal Sentencing Guidelines: An Empirical And Jurisprudential Analysis, Michael S. Gelacak, Ilene H. Nagel, Barry L. Johnson Jan 1996

Departures Under The Federal Sentencing Guidelines: An Empirical And Jurisprudential Analysis, Michael S. Gelacak, Ilene H. Nagel, Barry L. Johnson

Minnesota Law Review

No abstract provided.


The Persistence Of Segregation: Links Between Residential Segregation And School Segregation, Nancy A. Denton Jan 1996

The Persistence Of Segregation: Links Between Residential Segregation And School Segregation, Nancy A. Denton

Minnesota Law Review

No abstract provided.


Unfunded Environmental Mandates And The New (New) Federalism: Devolution, Revolution, Or Reform, Rena I. Steinzor Jan 1996

Unfunded Environmental Mandates And The New (New) Federalism: Devolution, Revolution, Or Reform, Rena I. Steinzor

Minnesota Law Review

No abstract provided.


Footnote 55: Closing The Bisexual Defense Loophole In Title Vii Sexual Harassment Cases, Sandra Levitsky Jan 1996

Footnote 55: Closing The Bisexual Defense Loophole In Title Vii Sexual Harassment Cases, Sandra Levitsky

Minnesota Law Review

No abstract provided.


Valuable In Life, Valuable In Death, Why Not Valuable When Severely Injured--The Need To Recognize A Parent's Loss Of A Child's Consortium In Minnesota, Scott Korzenowski Jan 1996

Valuable In Life, Valuable In Death, Why Not Valuable When Severely Injured--The Need To Recognize A Parent's Loss Of A Child's Consortium In Minnesota, Scott Korzenowski

Minnesota Law Review

No abstract provided.


Loosening Erisa's Preemptive Grip On Hmo Medical Malpractice Claims: A Response To Pacificare Of Oklahoma V. Burrage, Seema R. Shah Jan 1996

Loosening Erisa's Preemptive Grip On Hmo Medical Malpractice Claims: A Response To Pacificare Of Oklahoma V. Burrage, Seema R. Shah

Minnesota Law Review

No abstract provided.


Beyond The Rhetoric Of The Nafta Treaty Debate: A Comparative Analysis Of Labor And Employment Law In Mexico And The United States, Stephen F. Befort, Virginia Cornett Jan 1996

Beyond The Rhetoric Of The Nafta Treaty Debate: A Comparative Analysis Of Labor And Employment Law In Mexico And The United States, Stephen F. Befort, Virginia Cornett

Articles

No abstract provided.


A Privatization Solution To The Legitimacy Of Prepetition Waivers Of The Automatic Stay, Edward S. Adams, James L. Baillie Jan 1996

A Privatization Solution To The Legitimacy Of Prepetition Waivers Of The Automatic Stay, Edward S. Adams, James L. Baillie

Articles

Section I of this article reviews the historical notions of the automatic stay prior to and under the Bankruptcy Act of 1898 (the “Act”) as well as the legislative history of § 362 of the Bankruptcy Code of 1978 (the “Code”). Section II focuses on the arguments for and against upholding the validity of agreements which waive the protections of the automatic stay. Specifically, this section analyzes recent court decisions in this area and attempts to discern differences between permissible and impermissible waivers. Section III reviews the enforcability of other prepetition agreements. In Section IV, we introduce our hypothesis, based …