Law Commons^™

Avocats Et Divorce Aux Etats-Unis: La Transformation Des Pratiques Professionnelles, Lynn M. Mather, Craig A. Mcewen, Richard J. Maiman

Journal Articles

Les transformations sociales et les évolutions juridiques qui sont intervenues aux États-Unis depuis les années 60 ont eu de multiples effets sur le travail des avocats en matière de divorce. Le présent article analyse ces transformations en s'appuyant sur des entretiens avec des avocats et sur l'analyse de l'activité des tribunaux dans les États du Maine et du New Hampshire. Il souligne notamment l'importance que revêt l'accroissement du nombre des divorces parmi les couples ayant des ressources moyennes ou faibles. Il décrit aussi la féminisation rapide du barreau, une tendance qui se trouve particulièrement accentuée en ce qui concerne les …

Long Term Care Coverage: The Role Of Advocacy, Anthony H. Szczygiel

Journal Articles

No abstract provided.

Sex-Blind, Separate But Equal, Or Anti-Subordination? The Uneasy Legacy Of Plessy V. Ferguson For Sex And Gender Discrimination, Lucinda M. Finley

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No abstract provided.

The Slavery Of Emancipation, Guyora Binder

Journal Articles

The Thirteenth Amendment abolishes the institution of slavery rather than freeing individual slaves. Yet it quickly came to stand for little more than granting universal rights to make labor contracts and to leave service. This article develops a distinction between abolishing an institution and reclassifying individuals within it. Drawing on the comparative history of slavery, it shows that the institution of slavery has generally included mechanisms for the manumission of slaves and their passage into a liminal status combining self-ownership with social subordination and relative isolation. A critical account of the Antelope litigation shows that proponents of mass manumission still …

Lawyers For Marianne: The Nature Of Discourse On The Entry Of French Women Into The Legal Profession, 1894-1926, Christine Corcos

Journal Articles

No abstract provided.

Geographic Information Systems And Analysis: The Future Of The Public Trust Doctrine, Robert I. Reis

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No abstract provided.

The Court And The Changing Constitution: A Discussion, Vincent M. Bonventre, Carl Swidorski, Barry Latzer, James A. Gardner, Peter Galie

Journal Articles

No abstract provided.

The Single Publication Rule: One Action Not One Law, Debra R. Cohen

Journal Articles

Recovery in one action under one state's law for violation of the right of publicity-the right to control the commercial use of one's identity-arising out of multistate publication2 seems to be the trend of the nineties. When Samsung ran a nationwide print advertisement for VCRs depicting a robot dressed to resemble her, Vanna White sued for violation of her right of publicity.3 Under California law she recovered $403,000. 4 When a SalsaRio Doritos radio commercial imitating Tom Waits's distinctive raspy and gravelly voice aired nationwide, he sued Frito Lay for violation of his right of publicity.5 Under California law he …

The "Fall" Of Summers, The Rise Of "Pretext Plus," And The Excalating Subordination Of Federal Employment Discrimination Law To Employment At Will: Lessons From Mckennon And Hicks, William Corbett

Journal Articles

No abstract provided.

Globalization Of Biotechnology And The Public Health Challenges Accompanying It, Michael J. Malinowski

Journal Articles

No abstract provided.

Condemned By Substance And Process: A Comment On "Doubly Condemned": Adjustments To The Crime And Punishment Regime In The Late Slavery Period In The British Caribbean Colonies And "Under The Present Mode Of Trial, Improper Verdicts Are Very Often Given": Criminal Procedure In The Trials Of Slaves In Antebellum Louisiana, Raymond T. Diamond

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No abstract provided.

The Major Periods Of Louisiana Legal History, Alain A. Levasseur

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No abstract provided.

A "Civil Law" Lawyer: Louis Casimir Elisabeth Moreau Lislet, Alain A. Levasseur

Journal Articles

No abstract provided.

Chapter 11 Case Management And Delay Reduction: An Empirical Study, Samuel Bufford

Journal Articles

Chapter 11 bankruptcy cases will drag on interminably if judges let them. The recent nine-month O.J. Simpson trial was short compared to the careers of some chapter 11 bankruptcy cases. The typical duration of chapter 11 cases can be reduced remarkably, however, through moderate judicial case management.

The data in this study show that relatively modest judicial case management can squeeze a substantial amount of delay out of chapter 11 cases within the context of the present bankruptcy law. The case management program in this study, applied to 81.2% of the chapter 11 case load, shortened by 24.1% the time …

Bankruptcy Law In European Countries Emerging From Communism: The Special Legal And Economic Challenges, Samuel Bufford

Journal Articles

Bankruptcy law is developing rapidly in the countries of Central and Eastern Europe (CEE) that have recently escaped the domination of the Union of Soviet Socialist Republics (USSR). The communist governments fell in those countries that were separate from the USSR in 1989, and those countries that were a part of the USSR gained their independence and acquired new non-communist governments in 1989 (the Baltic states) and 1991 (Ukraine, Belarus, Moldova, and Russia). While many other areas of law that are basic to the development of a market economy need substantial development or revision, bankruptcy law is leading the way, …

Introduction To Tax Issue Of The University Of Miami Entertainment & Sports Law Review, Samuel C. Thompson Jr.

Journal Articles

No abstract provided.

A Lawyer's Guide To Modern Valuation Techniques In Mergers And Acquisitions, Samuel C. Thompson Jr.

Journal Articles

No abstract provided.

The Merger And Acquisition Provisions Of The Ali Corporate Governance Project As Applied To The Three Steps In The Time-Warner Acquisition, Samuel C. Thompson Jr.

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No abstract provided.

Rights, Remembrance, And The Reconciliation Of Difference, David M. Engel, Frank W. Munger

Journal Articles

Rights in American society present a paradox-critics increasingly assert that proliferation of rights is undermining Americans' sense of community, yet scholars continue to document Americans' reluctance to assert formal legal rights. We explore the meaning of rights in American society by describing the intersection between the evolving civil rights of a previously excluded minority, culminating in the Americans with Disabilities Act of 1990, and the personal histories of two individuals who might potentially invoke or benefit from such rights. Tracing the life stories of "Sara Lane" and "Jill Golding" from childhood through adolescence to adulthood and employment, we relate the …

A False Start? The Impact Of Federal Policy On The Genotechnology Industry, Michael J. Malinowski, Maureen A. O'Rourke

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No abstract provided.

Shut Up And Vote: A Critique Of Deliberative Democracy And The Life Of Talk, James A. Gardner

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No abstract provided.

Institutional Myths, Historical Narratives And Social Science Evidence: Reading The "Record" In The Virginia Military Institute Case, Dianne Avery

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No abstract provided.

No Lever And No Place To Stand (A Response To Christopher Shannon), John Henry Schlegel

Journal Articles

No abstract provided.

The Ideology Of Human Rights, Makau Wa Mutua

Journal Articles

This piece argues that although human rights is an ideology although it presents itself as non-ideological, non-partisan, and universal. It contends that the human rights corpus, taken as a whole, as a document of ideals and values, particularly the positive law of human rights, requires the construction of states to reflect the structures and values of governance that derive from Western liberalism, especially the contemporary variations of liberal democracy practiced in Western democracies. Viewed from this perspective, the human rights regime has serious and dramatic implications for questions of cultural diversity, the sovereignty of states, and the universality of human …

My Aching Heart, James A. Gardner

Journal Articles

No abstract provided.

The "States-As-Laboratories" Metaphor In State Constitutional Law, James A. Gardner

Journal Articles

No abstract provided.

Anita Hill Meets Godzilla: Confessions Of A Horror Movie Fan, Wendy B. Scott

Journal Articles

The cases and events discussed in this Essay involve African- American women who have confronted oppression in the civil and criminal courts, and other arenas, in both celebrated and unsung victories: victories not only for Black women, but for women and men of all hues who seek social justice. I will use these cases and events to illustrate the relationship between stereotypes and myths, born during the antebellum and Jim Crow era, and contemporary manifestations of sexual harassment and other forms of sex-based exploitation. I will go on to discuss the means used by women, in the workplace of chattel …

When The Surgeon Has Hiv: What To Tell Patients About The Risk Of Exposure And The Risk Of Transmission, Phillip L. Mcintosh

Journal Articles

This Article explores the legal aspects of the dilemma facing an HIV-infected surgeon with respect to whether the doctrine of informed consent requires, or can require, disclosure of the surgeon's HIV-infection under some circumstances. This Article then examines the nature of the risks associated with HIV as they affect patients during surgery. Next, this Article evaluates whether the risks are sufficiently material to require disclosure (or at least to present a jury question), and, in any event, whether state law can require such disclosure under the Americans with Disabilities Act of 1990 (ADA). In particular this Article examines the doctrine …

Note, Civil Forfeiture And Innocent Owners, Deborah Challener

Journal Articles

Although forfeiture is an ancient practice, its constitutional validity has only recently been seriously questioned. Historically, the Supreme Court has relied on a legal fiction-that the property itself is guilty-to confiscate property without regard to the Constitution. Cloaking itself in the "guilty property fiction," the Court has virtually ignored the property owner's culpability. In Bennis, the Court decided whether an owner's interest in property is subject to forfeiture when the owner entrusts the property to a party who uses it to commit a crime, even if the owner has no knowledge of the illegal use.

Tort Reform In Mississippi: An Appraisal Of The New Law Of Products Liability, Part I, Phillip L. Mcintosh

Journal Articles

In 1993, as a result of tort reform efforts, the Mississippi legislature enacted legislation that made dramatic changes in the law of products liability as well as in the law of punitive damages. On July 1, 1994, the substantive portions of the new legislation became effective, and the products liability portion of the new legislation replaced the judicially adopted Section 402A of the Restatement (Second) of Torts as the primary basis of products liability law in the state. Those who supported the new Act did so because they saw it as a way to bring stability and predictability to the …