Law Commons^™

Time Limitations For Objecting To Claims: The Interplay Between Sections 502(D) And 546(A) Of The Bankruptcy Code., Gregory G. Hesse

St. Mary's Law Journal

It is common lore among bankruptcy trustees and lawyers that a bankruptcy trustee has an unlimited time period under the Bankruptcy Code (the Code) to file objections to claims. Neither Section 502(a) of the Code nor Federal Rule of Bankruptcy Procedure 3007 contains time limitations within which an objection to a claim must be filed. Yet, creative creditor attorneys have fashioned arguments that the two-year limitations period placed on avoidance actions by Section 546(a) of the Code applies to claim objection proceedings brought under Section 502(d). Because courts have held the limitations period of Section 546(a) applies to claim objection …

Multidisciplinary Representation Of Children: Conflicts Over Disclosures Of Client Communications, 27 J. Marshall L. Rev. 617 (1994), Gerard F. Glynn

UIC Law Review

No abstract provided.

Strengthening The Toy Handcuff: The Future Of The War Powers Resolution, Ernest Shriver

Honors Theses, 1963-2015

The Constitution clearly defines the powers that Congress and the President are to share concerning war-making. The President is the Commander-in-Chief of the Armed Forces, while the Congress has the power to declare war and raise and support the army and the navy. The President has gradually encroached on Congress' power, however, to the point where war is declared de facto by the President. The War Powers Resolution was passed by Congress in 1973 to attempt to rectify this imbalance. Due to flaws in the Resolution, however, Congress has been unable to force the President¹s compliance and the federal courts …

Struggling Through The Thicket: Section 301 And The Washington Supreme Court, Mark L. Adams

Articles by Maurer Faculty

In this article, Professor Adams examines preemption doctrine under section 301 of the Labor Management Relations Act, focusing primarily on the Washington Supreme Court's 1992 decision in Commodore v. University Mechanical Contractors, Inc. The author traces the history of section 301 cases, comparing two different theories regarding its correct application. Under one theory, an employee's state law claim will be preempted if the underlying right is negotiable or if the employer's defenses implicate the collective bargaining agreement. Under the second theory, an employee's state law claim is preempted only when the right at issue derives from the provisions of a …

Self-Publication: Defamation Within The Employment Context., Howard J. Siegel

St. Mary's Law Journal

This Article reviews the rules and reasoning various jurisdictions have maintained in defamation actions supported by self-publication. This type of defamation action is commonly known as self-defamation. Before the law will hold the originator of a defamatory statement liable for defamation, publication of the defamatory comments must occur. Generally, defamatory communications are those communications which tend to injure one’s reputation. Publication normally occurs when one communicates the defamatory matter to “one other than the person defamed.” Originally, courts considered defamation actions valid only when the defamed person alleged that the originator directly published the statement to a third person. Under …

Banning Motherhood: An Rx To Combat Child Abuse., Toni Driver Saunders

St. Mary's Law Journal

Abstract Forthcoming.

Apportioning Liability To Nonparties In Kentucky Tort Actions: A Natural Extension Of Comparative Fault Or A Phantom Scapegoat For Negligent Defendants?, Julie O'Daniel Mcclellan

Kentucky Law Journal

No abstract provided.

School-Based Decision Making In Kentucky: Dawn Of A New Era Or Nothing New Under The Sun?, Charles J. Russo

Kentucky Law Journal

No abstract provided.

The Limited Liability Company Act: Understanding Kentucky's New Organizational Option, Thomas E. Rutledge, Lady E. Booth

Kentucky Law Journal

No abstract provided.

The 'Right To Die': A Catchy But Confusing Slogan, Yale Kamisar

Articles

Some 30 years ago an eminent constitutional law scholar Charles L. Black, Jr., spoke of "toiling uphill against that heaviest of all argumental weights-the weight of a slogan. I am reminded of that observation when I confront the slogan the "right to die." Few rallying cries or slogans are more appealing and seductive than the "right to die." But few are more fuzzy, more misleading, and more misunderstood.

Fear And Loathing In The Siting Of Hazardous And Radioactive Waste Facilities: A Comprehensive Approach To A Misperceived Crisis, Michael B. Gerrard

Faculty Scholarship

Few laws have failed so completely as the federal and state statutes designed to create new facilities for the disposal of hazardous and radioactive waste. Despite scores of siting attempts and the expenditure of several billion dollars since the mid-1970s, only one radioactive waste disposal facility, only one hazardous waste landfill (in the aptly named Last Chance, Colorado), and merely a handful of hazardous waste treatment and incineration units are operating on new sites in the United States today.

In 1981, a leading member of Congress, relying on data from the U.S. Environmental Protection Agency (EPA), predicted that by 1985 …