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Articles 1 - 30 of 103
Full-Text Articles in Law
The Intellectual Development Of The American Doctrine Of Judicial Review, Pnina Lahav
The Intellectual Development Of The American Doctrine Of Judicial Review, Pnina Lahav
Faculty Scholarship
No abstract provided.
The Government's Enforcement Of Draft Registration: Prosecution Or Persecution?, Joel Gora
The Government's Enforcement Of Draft Registration: Prosecution Or Persecution?, Joel Gora
Faculty Scholarship
No abstract provided.
Defining Filartiga: Characterizing International Torture Claims In United States Courts, James Paul George
Defining Filartiga: Characterizing International Torture Claims In United States Courts, James Paul George
Faculty Scholarship
Since the Nuremburg trials and the attendant worldwide reaction to Nazi attrocities, the world has taken an increasing interest in preventing government torture. Whenever legal fictions such as national borders and other sovereignty concepts have acted as barriers to torture prevention, the world has responded, slowly and incrementally, with new legal fictions to overcome those barriers. A recent case in a United States federal court, Filartiga v. Pena-Irala, is a significant new increment toward the prevention of torture and more generally the international protection of human rights. Filartiga holds that torture, long prohibited by virtually all nations' laws and …
Political Interference In Law School Clinical Programs: Reflections On Outside Interference And Academic Freedom, Elizabeth M. Schneider
Political Interference In Law School Clinical Programs: Reflections On Outside Interference And Academic Freedom, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Query: Should Users Of The Legal System Pay For Legal Education, J. Thomas Sullivan
Query: Should Users Of The Legal System Pay For Legal Education, J. Thomas Sullivan
Faculty Scholarship
No abstract provided.
Psychosocial, Legal, And Ethical Dimensions Of Ultrasound Imaging In Pregnancy, Karen H. Rothenberg
Psychosocial, Legal, And Ethical Dimensions Of Ultrasound Imaging In Pregnancy, Karen H. Rothenberg
Faculty Scholarship
No abstract provided.
The Equal Credit Opportunity Act's Spousal Cosignature Rules And Community Property States: Regulatory Haywire, Winnie F. Taylor
The Equal Credit Opportunity Act's Spousal Cosignature Rules And Community Property States: Regulatory Haywire, Winnie F. Taylor
Faculty Scholarship
No abstract provided.
The Equal Credit Opportunity Act's Spousal Co-Signature Rules: Suretyship Contracts In Separate Property States, Winnie F. Taylor
The Equal Credit Opportunity Act's Spousal Co-Signature Rules: Suretyship Contracts In Separate Property States, Winnie F. Taylor
Faculty Scholarship
No abstract provided.
Dillon V. Legg Revisited: Toward A Unified Theory Of Compensating Bystanders And Relatives For Intangible Injuries, John L. Diamond
Dillon V. Legg Revisited: Toward A Unified Theory Of Compensating Bystanders And Relatives For Intangible Injuries, John L. Diamond
Faculty Scholarship
No abstract provided.
Recent Developments In Tax-Exempt Organizations, William T. Hutton, Stephen Schwarz
Recent Developments In Tax-Exempt Organizations, William T. Hutton, Stephen Schwarz
Faculty Scholarship
No abstract provided.
Law As An Instrument Of Educational Policy-Making, David Jung, David L. Kirp
Law As An Instrument Of Educational Policy-Making, David Jung, David L. Kirp
Faculty Scholarship
No abstract provided.
Preliminary Procedural Protection For The Press From Jurisdiction In Distant Forums After Calder And Keeton, David I. Levine
Preliminary Procedural Protection For The Press From Jurisdiction In Distant Forums After Calder And Keeton, David I. Levine
Faculty Scholarship
No abstract provided.
Perfecting The Third Party Beneficiary Standing Rule Under Section 302 Of The Restatement (Second) Of Contracts, H.G. Prince
Perfecting The Third Party Beneficiary Standing Rule Under Section 302 Of The Restatement (Second) Of Contracts, H.G. Prince
Faculty Scholarship
No abstract provided.
Grading The Judge, William W. Schwarzer
The "Discovery" Of Sexual Abuse: Experts' Role In Legal Policy Formulation, D. Kelly Weisberg
The "Discovery" Of Sexual Abuse: Experts' Role In Legal Policy Formulation, D. Kelly Weisberg
Faculty Scholarship
No abstract provided.
Sexual Abuse Of Children: Recent Developments In The Law Of Evidence, D. Kelly Weisberg
Sexual Abuse Of Children: Recent Developments In The Law Of Evidence, D. Kelly Weisberg
Faculty Scholarship
No abstract provided.
Miranda Revisited: Broadening The Right To Counsel During Custodial Interrogation--Commonwealth V. Sherman, Beth Cohen
Miranda Revisited: Broadening The Right To Counsel During Custodial Interrogation--Commonwealth V. Sherman, Beth Cohen
Faculty Scholarship
The judicially created Miranda protections require law enforcement officials to inform criminal suspects of their right to counsel prior to proceeding with custodial interrogation. In Commonwealth v. Sherman, the Supreme Judicial Court of Massachusetts considered whether a criminal defendant validly waived his right to counsel when a police officer failed to inform him that an attorney, appointed to represent him in an unrelated case, had requested to be present during his interrogation. Concluding that, under the peculiar circumstances of the case, the defendant did not voluntarily waive his right to counsel, the court suppressed the defendant's in-custody statements to police. …
Recovery Of Basis In Non-Qualifying Stock Redemptions Under Sections 302 And 304, Frederick D. Royal
Recovery Of Basis In Non-Qualifying Stock Redemptions Under Sections 302 And 304, Frederick D. Royal
Faculty Scholarship
This Article reviews the redemption provisions of both section 302 and section 304 of the Internal Revenue Code. It discusses the existing rules for basis recovery in dividend equivalent redemptions, and highlights the situations where the recovery of the basis of the stock redeemed becomes a problem. A number of cases, revenue rulings, and hypothetical illustrations where the basis recovery of redeemed stock has created or potentially could create a problem are examined. The Article also analyzes the tax policies which may influence the structure of a basis recovery procedure in dividend equivalent redemptions, and suggests the recovery method which …
Constitutional Limits On Nationwide Personal Jurisdiction In The Federal Courts, Maryellen Fullerton
Constitutional Limits On Nationwide Personal Jurisdiction In The Federal Courts, Maryellen Fullerton
Faculty Scholarship
No abstract provided.
Educating Our Children "On Equal Terms": The Failure Of The Dejure/Defacto Analysis In Desegregation Cases, Antoinette M. Sedillo Lopez
Educating Our Children "On Equal Terms": The Failure Of The Dejure/Defacto Analysis In Desegregation Cases, Antoinette M. Sedillo Lopez
Faculty Scholarship
This Article will describe the narrow process oriented analysis and contrast it with the broader analysis of both the process and the results. It will demonstrate the different conceptual framework involved in evaluating each component. This Article will show how the Supreme Court has viewed educational equality following Plessy v. Ferguson. Initially, the Court's evaluation was quite perfunctory, but it became increasingly strict. By 1954, the Court in Brown v. Board of EducationI was well on its way toward evaluating the results as well as the process. Since Brown, the Court has vacillated between reviewing only the purity of the …
Union Must Provide Attorney Representation Without Regard To Union Membership--National Treasury Employees Union V. Federal Labor Relations Authority, Beth Cohen
Faculty Scholarship
The Federal Service Labor-Management Relations Statute sets forth union guidelines for collective bargaining representation in the federal sector. A labor organization with recognized exclusivity is responsible for the non-discriminatory representation of all bargaining unit employees without regard to union membership. In National Treasury Employees Union v. Federal Labor Relations Authority, a case of first impression, the court considered whether a federal employees union may, in accordance with statutory obligations, consider union membership in determining the type of representation it provides to individual employees. The court held that by denying non-union members attorney representation and substituting representation by a shop steward …
Preliminary Injunctions: The Varying Standards, Arthur D. Wolf
Preliminary Injunctions: The Varying Standards, Arthur D. Wolf
Faculty Scholarship
The Author undertakes a survey in this Article which shows that the Supreme Court and the courts of appeals have not articulated or applied consistent criteria for preliminary injunctive relief. Their decisions have described a sinuous path through primary standards, alternative tests, and sliding scale variations. Part of the difficulty may be because the Supreme Court has not taken a firm hand in resolving conflicts between and among the circuits on critical issues involving interlocutory injunctions. In addition while the courts of appeals make reference to each others' opinions, they have not demonstrated a desire to achieve uniformity in their …
Lawyers, Politics, And The "Lawyers' Interest": An Historical Inquiry, James W. Gordon
Lawyers, Politics, And The "Lawyers' Interest": An Historical Inquiry, James W. Gordon
Faculty Scholarship
The assumption that the occupational identification of "lawyer" is the salient feature in evaluating political motivation is interesting, if questionable, according to the Author. Does occupational identity overwhelm other identities? Are politically active lawyers really a homogeneous group? Are they less affected by competing identities associated with wealth, geography, familial and constituency concerns, political ideology, party considerations, or any of the myriad other sources of public and private motivation of behavior? Surely the hypothesis that politically active lawyers behave differently from nonlawyers is worth investigating. This Article offers some preliminary responses to these questions posed, which are grounded in empirical …
The Separation Of Powers Under Carter, Peter E. Quint
The Separation Of Powers Under Carter, Peter E. Quint
Faculty Scholarship
No abstract provided.
Use Of The Freedom Of Information Act For Discovery Purposes, Edward A. Tomlinson
Use Of The Freedom Of Information Act For Discovery Purposes, Edward A. Tomlinson
Faculty Scholarship
No abstract provided.
High Society: The Building Height Limitation On Baltimore's Mt. Vernon Place, Garrett Power
High Society: The Building Height Limitation On Baltimore's Mt. Vernon Place, Garrett Power
Faculty Scholarship
The "Anti Skyscraper" Law of 1904 is often described as Maryland's first zoning law and one of the first zoning laws in the United States. But there is more. Behind this dusty statute is a story of speculation, selfishness, collusion and changing social values, which takes a century and a half to unfold and which has something to say about the role of government in regulating the use of land.
Grove City College V. Bell: Touchdown Or Touchback?, Karen Czapanskiy
Grove City College V. Bell: Touchdown Or Touchback?, Karen Czapanskiy
Faculty Scholarship
No abstract provided.
Rethinking Novotny In Light Of United Brotherhood Of Carpenters & Joiners V. Scott: The Scope And Constitutionally Permissible Periphery Of Section 1985 (3), Taunya Lovell Banks
Rethinking Novotny In Light Of United Brotherhood Of Carpenters & Joiners V. Scott: The Scope And Constitutionally Permissible Periphery Of Section 1985 (3), Taunya Lovell Banks
Faculty Scholarship
No abstract provided.
The Scope Of Bargaining In Minnesota Public Sector Labor Relations: A Proposal For Change, Deborah A. Schmedemann
The Scope Of Bargaining In Minnesota Public Sector Labor Relations: A Proposal For Change, Deborah A. Schmedemann
Faculty Scholarship
This article surveys and analyzes the law on the scope of bargaining under the Minnesota Public Employment Labor Relations Act (PERLA) and suggests ways to make it more certain and responsive to public policy. Part II sets out the conflicting policy considerations to be accommodated in defining the scope of bargaining. These considerations form the basis for Part Ill's criticism of the present law under PELRA and guide the recommendations for change made in Part IV.
Resolving The Paradox Of The Innocent Construction Rule, David Larson
Resolving The Paradox Of The Innocent Construction Rule, David Larson
Faculty Scholarship
The application of the innocent construction rule in defamation cases has led to illogical and questionable holdings. This article will explain the nature of that rule and illustrate its use by focusing on cases arising in Illinois. It will review the recent case of Chapski v. Copley Press, where the Illinois Supreme Court rejected the innocent construction rule, and raise the possibility that additional reform may be necessary in Illinois. Finally, other jurisdictions relying upon similar rules of interpretation will be identified and discussed.