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Articles 1 - 13 of 13
Full-Text Articles in Law
Preliminary Injunctions And Abstention: Some Problems In Federalism, Michael L. Wells
Preliminary Injunctions And Abstention: Some Problems In Federalism, Michael L. Wells
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Suppose a federal district court faces a challenge to state action that presents an unsettled issue of state law, a federal constitutional issue, and a plaintiff who will be irreparably harmed if the state is not immediately enjoined. May the court abstain from a decision on the merits, remand the case to the state courts for resolution of the state law issue, and yet grant a preliminary injunction against the challenged state action? Does it follow from the paucity of reported opinions coupling such interim relief with abstention that such a procedure is inconsistent with the policies underlying the abstention …
The Theoretical Foundations Of The Proposed Tennessee Rules Of Appellate Procedure, John Sobieski
The Theoretical Foundations Of The Proposed Tennessee Rules Of Appellate Procedure, John Sobieski
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No abstract provided.
Criminal Law In Tennessee In 1976-1977 - A Critical Survey, Joseph G. Cook
Criminal Law In Tennessee In 1976-1977 - A Critical Survey, Joseph G. Cook
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No abstract provided.
Extraterritorial Power In Georgia Municipal Law, R. Perry Sentell Jr.
Extraterritorial Power In Georgia Municipal Law, R. Perry Sentell Jr.
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The image of municipal power carries with it the accompanying concept of limitations on that power. One of the seemingly most natural of such limitations is that pertaining to territory. If a municipality is an incorporated entity, composed of precisely described physical boundaries, then its operational existence would normally be presumed to take place within those boundaries. The municipality's power to function outside its limits would thus appear not only unnecessary but foreign to the corporate conception. The problem with such neatness, of course, is its unworldliness. The truism is that neither man nor municipality is an island and that …
State Taxation And The Supreme Court: Toward A More Unified Approach To Constitutional Adjudication?, Walter Hellerstein
State Taxation And The Supreme Court: Toward A More Unified Approach To Constitutional Adjudication?, Walter Hellerstein
Scholarly Works
The Supreme Court's decisions delineating the constitutional limitations on state tax power have often defied rational analysis. The Court read the commerce clause as forbidding a state tax on the privilege of doing interstate business but not on the privilege of doing interstate business in corporate form. It construed the import-export clause as prohibiting a state tax on bales of imported hemp awaiting use in manufacturing but not on piles of imported ore and plywood awaiting such use. It interpreted the supremacy clause as barring a state tax upon the sale of goods to one government contractor but not to …
The Priority Rules Of Article Nine, Dan T. Coenen, Albert J. Givray, Deborah Mclean Quinn, Paul Hilton
The Priority Rules Of Article Nine, Dan T. Coenen, Albert J. Givray, Deborah Mclean Quinn, Paul Hilton
Scholarly Works
Priorities. The very word sends chills down the sane lawyer's spine. But if fear and loathing of Article Nine's priority scheme served as a deterrent to undertaking this enterprise, they served as an incentive as well. The complexity of the priority rules is matched only by their importance, for as long as secured financing flourishes, priority disputes over personal property are inevitable. It is the purpose of this project to set forth and explore the body of law that resolves those disputes: the priority rules of Article Nine.
State Taxation And The Supreme Court: Toward A More Unified Approach To Constitutional Adjudication?, Walter Hellerstein
State Taxation And The Supreme Court: Toward A More Unified Approach To Constitutional Adjudication?, Walter Hellerstein
Scholarly Works
The Supreme Court's decisions delineating the constitutional limitations on state tax power have often defied rational analysis. The Court read the commerce clause as forbidding a state tax on the privilege of doing interstate business but not on the privilege of doing interstate business in corporate form. It construed the import-export clause as prohibiting a state tax on bales of imported hemp awaiting use in manufacturing but not on piles of imported ore and plywood awaiting such use. It interpreted the supremacy clause as barring a state tax upon the sale of goods to one government contractor but not to …
The Revised Hague Rules On Bills Of Lading, Gabriel M. Wilner
The Revised Hague Rules On Bills Of Lading, Gabriel M. Wilner
Scholarly Works
In what amounts to a proposed new Convention to replace the "Hague Rules," the United Nations Commission on International Law (UNCITRAL) has included an Article (22) authorizing parties to a contract for the carriage of goods to provide for arbitration of disputes arising therefrom. States which become parties to the Convention would be required to give effect to such a contract. The proposed Convention gives the plaintiff much the same options with respect to either the judicial or the arbitral forum. These options as to locale tend to favor the defending party -- usually the carrier. On the other hand, …
Federal Postconviction Relief, Donald E. Wilkes Jr.
Federal Postconviction Relief, Donald E. Wilkes Jr.
Scholarly Works
A provision of the federal habeas corpus statute, 28 U.S.C. §2254(a) (1970), authorizes federal district courts to grant habeas corpus relief to persons detained pursuant to a state court judgment whenever the detention is in violation of federal law. But does §2254(a) authorize federal courts to grant habeas corpus relief to state prisoners convicted on the basis of evidence seized in violation of the Fourth Amendment?
Probing The Discriminatory Effects Of Employee Selection Procedures With Disparate Impact Analysis Under Title Vii, Elaine W. Shoben
Probing The Discriminatory Effects Of Employee Selection Procedures With Disparate Impact Analysis Under Title Vii, Elaine W. Shoben
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Last term the Supreme Court handed down three decisions in which it defined with some precision the proper use of statistics in Title VII cases. Those decisions filled a void that had existed since Griggs v. Duke Power Co., but they left some questions unanswered. In this article Professor Shoben discusses those decisions and addresses the issues still unresolved. She proposes a structured framework for the systematic analysis of disparate impact cases that is consistent with, yet builds upon, the three recent decisions. In addition, Professor Shoben considers whether allowing a plaintiff to establish a prima facie case with …
Choice Of Forum And Public Policy: Some Indications Of The Development In United States Law Of A Distinct "International" Public Policy, Gabriel M. Wilner
Choice Of Forum And Public Policy: Some Indications Of The Development In United States Law Of A Distinct "International" Public Policy, Gabriel M. Wilner
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In this decade, the United States Supreme Court decided two cases which revolved around the enforceability of choice of forum clauses contained in transnational commercial contracts. The decisions which the Court rendered reshaped significantly the legal contours of the enforceability of such clauses. In the two cases, the Court signaled that it was prepared to recognize the distinction between what may be termed "internal" public policy and what may be termed "international" public policy. The recognition of this distinction is likely to have a vital bearing on the right of persons to provide for a specific foreign judicial or arbitral …
Attacking Jury Verdicts: Paradigms For Rule Revision, Ronald L. Carlson, Steven M. Sumberg
Attacking Jury Verdicts: Paradigms For Rule Revision, Ronald L. Carlson, Steven M. Sumberg
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The rule that a juror cannot impeach his own verdict has been applied inconsistently by the courts. This article describes the majority rule, known as the Mansfield or no-impeachment rule, and examines its origin and supporting policies. It then presents minority rules, questions posed by post-verdict interviewing of jurors, and procedural problems that accompany the impeachment of verdicts. The article also analyzes the recent erosion of the Mansfield rule and suggests that an exception to the rule should be made to allow a juror to impeach his own verdict by proving that he was threatened.
Cost Allocation In Title Vii Remedies: Who Pays For Past Employment Discrimination, Fran Ansley
Cost Allocation In Title Vii Remedies: Who Pays For Past Employment Discrimination, Fran Ansley
Scholarly Works
No abstract provided.