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

Law Commons

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

PDF

1998

Washington University in St. Louis

Discipline
Keyword
Publication

Articles 1 - 30 of 70

Full-Text Articles in Law

Turning Back The Clock: The Assault On Affirmative Action, Leland B. Ware Jan 1998

Turning Back The Clock: The Assault On Affirmative Action, Leland B. Ware

Urban Law Annual ; Journal of Urban and Contemporary Law

This Article considers the legal and policy issues presented by affirmative action in higher education.


Educators' Authority And Students' First Amendment Rights On The Way To Using The Information Highway: Cyberspace And Schools, Philip T. K. Daniel, Patrick D. Pauken Jan 1998

Educators' Authority And Students' First Amendment Rights On The Way To Using The Information Highway: Cyberspace And Schools, Philip T. K. Daniel, Patrick D. Pauken

Urban Law Annual ; Journal of Urban and Contemporary Law

This Article will present a brief history of the information superhighway, and a description of the organization and operation of cyberspace and the Internet, especially as it relates to schools.


Airport Expansions: The Need For A Greater Federal Role, Donald W. Tuegel Jan 1998

Airport Expansions: The Need For A Greater Federal Role, Donald W. Tuegel

Urban Law Annual ; Journal of Urban and Contemporary Law

No abstract provided.


If The Profile Fits: Admitting Criminal Psychological Profiles Into Evidence In Criminal Trials, Scott Ingram Jan 1998

If The Profile Fits: Admitting Criminal Psychological Profiles Into Evidence In Criminal Trials, Scott Ingram

Urban Law Annual ; Journal of Urban and Contemporary Law

No abstract provided.


Unjust Access To The Equal Access To Justice Act: A Proposal To Close The Act's Eligibility Loophole For Members Of Trade Associations, John W. Finley Iii Jan 1998

Unjust Access To The Equal Access To Justice Act: A Proposal To Close The Act's Eligibility Loophole For Members Of Trade Associations, John W. Finley Iii

Urban Law Annual ; Journal of Urban and Contemporary Law

No abstract provided.


Unfinished Homework For Universities: Making The Case For Affirmative Action, Jonathan R. Alger Jan 1998

Unfinished Homework For Universities: Making The Case For Affirmative Action, Jonathan R. Alger

Urban Law Annual ; Journal of Urban and Contemporary Law

The unfinished homework in the affirmative action debate concerns the development of an articulated vision-supported by a strong evidentiary basis-of the educational benefits of racial diversity in higher education.


Balancing The Interests Of State Health Care Reform And Uniform Employee Benefit Laws Under Erisa: A “Uniform Patient Protection Act”, Deborah S. Davidson Jan 1998

Balancing The Interests Of State Health Care Reform And Uniform Employee Benefit Laws Under Erisa: A “Uniform Patient Protection Act”, Deborah S. Davidson

Urban Law Annual ; Journal of Urban and Contemporary Law

No abstract provided.


Zoning Away First Amendment Rights, Shelley Ross Saxer Jan 1998

Zoning Away First Amendment Rights, Shelley Ross Saxer

Urban Law Annual ; Journal of Urban and Contemporary Law

To facilitate the tapering of local government regulation, this Article proposes that, as a matter of constitutional policy, the courts' should analyze zoning as a prior restraint when the challenged regulation has the potential to impact First Amendment rights. Zoning actions invalidated by the Court as prior restraints can then be adjudicated as common law nuisance actions that address those actual harms caused by the alleged offending land use activities. Admittedly, this proposal turns current constitutional jurisprudence "on its head." However, if courts can use "secondary effects" to give less protection to "lower-level" forms of expression, such as adult uses ...


Enter Yossarian: How To Resolve The Procedural Catch-22 That The Private Securities Litigation Reform Act Creates, Elliott J. Weiss, Janet E. Moser Jan 1998

Enter Yossarian: How To Resolve The Procedural Catch-22 That The Private Securities Litigation Reform Act Creates, Elliott J. Weiss, Janet E. Moser

Washington University Law Review

Section II of this Article sets forth our understanding of what the Reform Act requires a plaintiff to set forth in a complaint to state a valid claim that a corporation has made false or misleading public statements in violation of section 10(b) and Rule 10(b)(5). Section III describes our case study of GTF. Section IV analyzes the options a court would face in a case similar to the "quasi-hypothetical" we studied and suggests the option we believe a court should choose.


Skepticism And School Desegregation, Bradley W. Joondeph Jan 1998

Skepticism And School Desegregation, Bradley W. Joondeph

Washington University Law Review

While I still believe strongly that integration is a goal worth pursuing, both for intrinsic and instrumental reasons, I question the wisdom of continuing to pursue desegregation through the federal courts into the indefinite future. My skepticism is based on three principal conclusions. First, the objectives attainable through the continuation of court-ordered desegregation are extraordinarily limited compared to the enormity of the problem of racial disparities in public education. Second, over the long term, there are reasons to think that initiatives in the political process will produce more meaningful gains for disadvantaged students than will ongoing litigation. Finally, extricating school ...


A Comparison Of Comparative Negligence Statutes: Jury Allocation Of Fault—Do Defendants Risk Paying For The Fault Of Nonparty Tortfeasors?, Daniel Levi Jan 1998

A Comparison Of Comparative Negligence Statutes: Jury Allocation Of Fault—Do Defendants Risk Paying For The Fault Of Nonparty Tortfeasors?, Daniel Levi

Washington University Law Review

No abstract provided.


My Two Cents On Changing Times, David M. Becker Jan 1998

My Two Cents On Changing Times, David M. Becker

Washington University Law Review

In this Article, I provide an overview of changes that have taken place at Washington University over the course of his 35 years of tenure, including changes in the curriculum, the makeup of the faculty and student bodies, and the law school building itself.


Amending Cercla To Encourage The Redevelopment Of Brownfields: Issues, Concerns, And Recommendations, Frona M. Powell Jan 1998

Amending Cercla To Encourage The Redevelopment Of Brownfields: Issues, Concerns, And Recommendations, Frona M. Powell

Urban Law Annual ; Journal of Urban and Contemporary Law

This Article examines some of the current proposals that would amend CERCLA to encourage the restoration and redevelopment of "brownfields."


The Helms-Burton Act: A Step In The Wrong Direction For United States Policy Toward Cuba, Jeffrey Dunning Jan 1998

The Helms-Burton Act: A Step In The Wrong Direction For United States Policy Toward Cuba, Jeffrey Dunning

Urban Law Annual ; Journal of Urban and Contemporary Law

No abstract provided.


Staving Off The Pillage Of The Village: Does In Re Wal-Mart Stores, Inc. Offer Hope To Small Merchants Struggling For Economic Survival Against Box Retailers?, Sherry Keymer Dreisewerd Jan 1998

Staving Off The Pillage Of The Village: Does In Re Wal-Mart Stores, Inc. Offer Hope To Small Merchants Struggling For Economic Survival Against Box Retailers?, Sherry Keymer Dreisewerd

Urban Law Annual ; Journal of Urban and Contemporary Law

No abstract provided.


Cynicism, Reconsidered, Pauline T. Kim Jan 1998

Cynicism, Reconsidered, Pauline T. Kim

Washington University Law Review

Occasionally I encounter among students the suspicion that law is nothing but politics. In the field in which I teach-employment law-this attitude amounts to the cynical belief that if judges (or at least those judges hostile to workers) can possibly find a way for the employee to lose and the employer to win, they will do so. While I must admit my own misgivings about the extent to which doctrine and precedent actually decide cases, I push these students to try to understand case outcomes as something other than pure politics. Believing that it is important for law students, as ...


The Jeffersonian Myth In Supreme Court Sedition Jurisprudence, Michael P. Downey Jan 1998

The Jeffersonian Myth In Supreme Court Sedition Jurisprudence, Michael P. Downey

Washington University Law Review

No abstract provided.


Article Ii, The Vacancies Act And The Appointment Of “Acting” Executive Branch Officials, Brannon P. Denning Jan 1998

Article Ii, The Vacancies Act And The Appointment Of “Acting” Executive Branch Officials, Brannon P. Denning

Washington University Law Review

This Article looks at both the Vacancies Act, as well as the provisions with which the Administration countered, in the context of both the Lee nomination and one other case (largely ignored by the press) involving Duke law professor Walter E. Dellinger's service as acting Solicitor General from July 1996 until August 1997. Contrary to Administration claims, I conclude that the Vacancies Act does apply to Justice Department officials, and that the statute cited by the Administration allegedly superseding the Vacancies Act, if not read in harmony with that Act, unconstitutionally allows the President and the Attorney General to ...


The Statutory Safe Harbor For Forward-Looking Statements After Two And A Half Years: Has It Changed The Law? Has It Achieved What Congress Intended?, Richard A. Rosen Jan 1998

The Statutory Safe Harbor For Forward-Looking Statements After Two And A Half Years: Has It Changed The Law? Has It Achieved What Congress Intended?, Richard A. Rosen

Washington University Law Review

This Article examines the safe harbor for projections and forward-looking statements created by the Private Securities Litigation Reform Act of 1995.


The Myth Of A Color-Blind Constitution, Keith E. Sealing Jan 1998

The Myth Of A Color-Blind Constitution, Keith E. Sealing

Urban Law Annual ; Journal of Urban and Contemporary Law

In the frenzied rush to stamp out affirmative action in all of its manifestations, courts and legislatures are losing sight of fundamental realities. A key weapon in the destruction of affirmative action is the myth that the Constitution requires a color-blind approach to all but a very narrowly excepted class of race-based problems.


Fighting For Truth, Justice, And The Asymmetrical Way, Barbara J. Flagg, Katherine Goldwasser Jan 1998

Fighting For Truth, Justice, And The Asymmetrical Way, Barbara J. Flagg, Katherine Goldwasser

Washington University Law Review

For many, symmetry in law enjoys nearly the same status as mom, baseball, and apple pie: it is of the essence of the American way of life. Law would not be law as we know it without the requirement of evenhandedness; justice as we envision her is blindfolded, so as not to see who stands before her. Nevertheless, in the course of our careers (such as they are) in legal academia, the two of us have from time to time proposed the adoption of asymmetrical legal doctrines. We are quite certain that asymmetry is not only tolerable in certain circumstances ...


"Forward" Jan 1998

"Forward"

Washington University Law Review

No abstract provided.


Hearing Voices: Why The Academy Needs Clinical Scholarship, Clark D. Cunningham Jan 1998

Hearing Voices: Why The Academy Needs Clinical Scholarship, Clark D. Cunningham

Washington University Law Review

The following Article is a lightly edited transcript of remarks made on October 14, 1995 at the annual meeting of the Central States Law School Association at St. Louis University School of Law. A few hours before my presentation, I learned that Herbert Eastman, director of clinical education at St. Louis University, had died. Herb had been diagnosed with cancer a few months earlier; he was forty-four when he died. Although Herb was unfailingly genial and seemingly mild-mannered, he was, in fact, driven by a fierce passion for justice. Teacher, scholar, advocate-exemplary in each field as if he had but ...


Law Matters, John N. Drobak Jan 1998

Law Matters, John N. Drobak

Washington University Law Review

Neoclassical economic theory has attributed modem economic growth to a combination of factors: human capital (the amount and skill of labor), physical capital (machines, factories, agricultural improvements, etc.), natural resources, technology (human command over nature), and the stock of knowledge (the understanding of the natural environment). Over the past few decades, some economists have begun to emphasize the importance of one additional component: institutions. These are the "rules of the game" of a society. Institutions can be informal or formal. Informal institutions include such things as norms of behavior, cultural constraints, codes of conduct and business conventions. Some formal institutions ...


Confessions Of A Hard-Hat Junkie: Reflections On The Construction Of Anheuser-Busch Hall, Michael M. Greenfield Jan 1998

Confessions Of A Hard-Hat Junkie: Reflections On The Construction Of Anheuser-Busch Hall, Michael M. Greenfield

Washington University Law Review

In this Article I will describe the process by which the Washington University School of Law has come now to occupy Anheuser-Busch Hall. By doing so, I hope to provide some insight and assistance to those at other schools who face similar projects.


Wetlands Reform And The Criminal Enforcement Record: A Cautionary Tale, Kathleen F. Brickey Jan 1998

Wetlands Reform And The Criminal Enforcement Record: A Cautionary Tale, Kathleen F. Brickey

Washington University Law Review

Anecdotal narratives about environmental criminal enforcement policies and records are suspect. Their often distorted pictures of reality can lead to exaggerated claims about the existence or dimensions of problematic criminal enforcement issues. Uncritically accepted as true, those claims can provide a seemingly credible basis for misguided proposals that have the potential to do more harm than good. In the case of wetlands criminal enforcement, the anecdotal narrative would have us believe that the government is shooting wildly from the hip, with little rhyme or reason. After studying the criminal enforcement record, the best that can be said is that no ...


“Instant Tradition”—A Challenge To Legal Education In The Twenty-First Century, Richard B. Kuhns Jan 1998

“Instant Tradition”—A Challenge To Legal Education In The Twenty-First Century, Richard B. Kuhns

Washington University Law Review

Anheuser-Busch Hall, the new home of Washington University School of Law, is a huge squarish structure that creates an imposing presence at the northwest corner of the hilltop campus. The facade of pink granite and limestone attempts to mimic the collegiate Gothic style of other campus buildings, and the interior with its abundance of dark wood doors, beams, tables, and carrels is suggestive of the Inns of Court. All in all, the building, at least upon first impression, seems to stand as a monument to the tradition and stability of the law. Indeed, a Washington University press release describes the ...


Professionalism, Sandra Day O'Connor Jan 1998

Professionalism, Sandra Day O'Connor

Washington University Law Review

No abstract provided.


Assisted Suicide And Reproductive Freedom: Exploring Some Connections, Susan Frelich Appleton Jan 1998

Assisted Suicide And Reproductive Freedom: Exploring Some Connections, Susan Frelich Appleton

Washington University Law Review

The connections between these issues are sure to be explored anew now that the Supreme Court has decided Washington v. Glucksberg and Vacco v. Quill, rejecting both due process and equal protection challenges to assisted suicide bans while purporting to leave undisturbed existing abortion precedents. This Article takes a brief look at three particular connections between the assisted-suicide cases and reproductive freedom. Part I examines the two-part test for substantive due process protection articulated in Glucksberg and raises questions about what this test might mean for the future of reproductive freedom. Part II, which considers Quill's reinforcement of the ...


Translating Freedom For Post-1997 Hong Kong, Frances H. Foster Jan 1998

Translating Freedom For Post-1997 Hong Kong, Frances H. Foster

Washington University Law Review

This Article explores possible approaches China might use to define Basic Law freedoms for post-1997 Hong Kong. It focuses specifically on the People's Republic of China ("P.R.C.") interpretation of one such freedom- "freedom of the press." Part I identifies and considers six techniques recently proposed by Hong Kong, Chinese, and foreign commentators, which I call the strict literalist approach, the integrated constitution approach, the law on the books approach, the law in action approach, the liberties with Chinese characteristics approach, and the balancing approach. I argue that all six are implausible. They fail to accommodate China's ...