Law Commons^™

Scientific Policymaking And The Torts Revolution: The Revenge Of The Ordinary Observer, Michael Wells

Scholarly Works

My argument will make heavy use of a distinction, introduced by Professor Bruce Ackerman, between two styles of reasoning in addressing legal issues. One is the perspective of the "Ordinary Observer," who begins his analysis by looking at the common practices of laymen and makes legal rules based on the expectation of a well-socialized member of society, without regard to whether the resulting body of law fits into any coherent pattern. Ackerman contrasts this method with that of the "Scientific Policymaker," who begins from the premise that the law should serve some goal or small group of goals and who …

Feminist Legal Theory And The Reading Of O'Brien V. Cunard, Ann C. Shalleck

Missouri Law Review

In July 1889, Mary O'Brien, a young, Irish, immigrant woman traveling to Boston in steerage on the "Catalonia," a ship of the Cunard Steamship Company, was given, against her will, a smallpox vaccine by Dr. I.T.M. Giffen, the ship's doctor. The vaccine left her body covered with sores and blisters. Two years later, in O'Brien v. Cunard Steamship Co.,' the Supreme Judicial Court of Massachusetts in an opinion written by Judge Knowlton held that the trial court had ruled correctly that Mary O'Brien's claims for battery and negligence could not even go to the jury. The appellate court agreed with …

Dna Fingerprinting: A Guide To Admissibility And Use, Ricardo Fontg

Missouri Law Review

Forensic scientists have long hoped for the ability "to identify the origin of blood and body-fluid stains with the same degree of certainty as finger- prints."' Recent advances in recombinant deoxyribonucleic acid ("DNA") research offer scientists the necessary technology. Consequently, DNA technology now provides the judicial system with a powerful new test to identify criminal suspects and to trace paternity. This Comment discusses the current law regarding DNA fingerprinting.

Mandatory Retirement For Missouri Judges, Paul Scott Penticuff

Missouri Law Review

When an employee is forced from employment on a basis other than performance it seems to offend the concept of fairness. In the cases involving the mandatory retirement of state court judges, however, the harsh result for the affected judges must be balanced against society's interest in a competent judiciary. Although advancing age usually does not render a judge incompetent, the approach of legislators and voters has been to err on the side of caution, basing the mandatory retirement mechanism on the arbitrary factor of age. When these two interests collide, the result changes the balance between individual rights and …

Judges' Bench Brief: Fourth Annual Pace National Environmental Moot Court Competition, Melanie H. Fund, Deborah M. Robertson, Paul M. Schmidt

Pace Environmental Law Review

No abstract provided.

Brief For Appellant Secretary, United States Department Of Defense: Fourth Annual Pace National Environmental Moot Court Competition, Diana M. Loucks, Jacqueline Brown

Pace Environmental Law Review

No abstract provided.

Brief Of Appellee, Environmental Friends, Inc.: Fourth Annual Pace National Environmental Moot Court Competition, Christopher Fox, Beth Mcdonald, Lisa Ramsay

Pace Environmental Law Review

No abstract provided.

Brief For Appellee Defense Contractors Association: Fourth Annual Pace National Environmental Moot Court Competition, Sarah Palamara Ellis, Kevin P. Moriarity, John W. Vorder Bruegge

Pace Environmental Law Review

No abstract provided.

No Harm, No Foul: Pornography (Violent And Otherwise), Victoria Mikesell Mather

University of Arkansas at Little Rock Law Review

No abstract provided.

No Harm, No Foul: Pornography (Violent And Otherwise), Victoria Mikesell Mather

University of Arkansas at Little Rock Law Review

No abstract provided.

Crime And Punishment In Eighteenth-Century England, William B. Jones Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.

Criminal Procedure—Harmless Error—Coerced Confession Is No Longer Grounds For Automatic Reversal Of A Trial. Arizona V. Fulminante, 111 S. Ct. 1246 (1991)., Lynn Trulock Ravellette

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—Confrontation Clause—Arkansas Child Hearsay Exception Regarding Sexual Offenses, Abuse, Or Incest Is Unconstitutional. George V. State, 306 Ark. 360, 813 S.W.2d 792 (1991)., Mark D. Wolf

University of Arkansas at Little Rock Law Review

No abstract provided.

Originality And Creativity In Copyright Law, Howard B. Abrams

Law and Contemporary Problems

Copyright law can be broadly viewed as a system that seeks an appropriate balance between the rights of authors and publishers with the rights of users and consumers. The case of "Feist Publications Inc vs Rural Telephone Service Co" is discussed.

Congressman Robert Kastenmeier And Professor John Stedman: A Thirty-Five Year Relationship, John A. Kidwell

Law and Contemporary Problems

The professional relationship between Congressman Robert Kastenmeier and law professor John Stedman is discussed. John Stedman was a positive influence on Kastenmeier's thinking on patent and copyright issues.

At Play In The Fields Of The Word: Copyright And The Construction Of Authorship In The Post-Literate Millennium, David Lange

Law and Contemporary Problems

The future of intellectual property rights is discussed. The emergence of new technologies will free authors from the constraints of publishers, and may lead to the transformation of copyright law.

Corporate Law Through An Antitrust Lens, Edward B. Rock

All Faculty Scholarship

No abstract provided.

Group Versus Individuals, Neal Devins

Faculty Publications

No abstract provided.

Coordinating Sanctions For Corporate Misconduct: Civil Or Criminal Punishment, David Yellen, Carl J. Mayer

Articles

No abstract provided.

Longwall Mining And Smcra: Unstable Ground For Regulators And Litigants, Joshua I. Barrett

West Virginia Law Review

No abstract provided.

Unlocking The Fire: A Proposal For Judicial Or Legislative Determination Of The Ownership Of Coalbed Methane, Jeff L. Lewin, Hema J. Siriwardane, Samuel J. Ameri, Syd S. Peng

West Virginia Law Review

No abstract provided.

West Virginia's New Workers' Compensation Anti-Discrimination Provision: The Road To Court Is Paved With Good Intentions, Bryan R. Cokeley

West Virginia Law Review

No abstract provided.

Federal Black Lung Update: The Standard Of Disability Causation For Federal Black Lung Benefits, Willaim S. Mattingley, Martin E. Hall

West Virginia Law Review

No abstract provided.

Legal Issues Surrounding Preemployment Physical Examinations In The Coal Industry, Daniel L. Stickler, Albert F. Sebok

West Virginia Law Review

No abstract provided.

Clark Memorandum: Spring 1992, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum

• It is Given unto You to Judge (Sheila K. McCleve)
• A View from the Bench (Carrie P. Jenkins)
• Dee Benson (Lisa B. Hawkins)
• The Coriolanus Syndrome (Bruce C. Hafen)

Apostolat Juridique: Teaching Everyday Law In The Life Of Marie Lacoste Gérin-Lajoie (1867-1945), Nicholas Kasirer

Osgoode Hall Law Journal

Based on a reading of archival material stored in a convent in east-end Montreal, the author describes the career of Marie Lacoste Gérin-Lajoie, a self-trained jurist who taught and wrote about law for women in convent schools, teachers' colleges, study circles, temperance union meetings and the like over a forty-year period in Quebec at the beginning of this century. Her career as a law teacher is presented as a sign of a less visible facet of the history of legal education in Quebec-beyond the formal institutions of law teaching-that was closely tied to the home and the private world of …

Child Welfare Law, "Best Interests Of The Child" Ideology, And First Nations, Marlee Kline

Osgoode Hall Law Journal

Liberalism has structured legal discourse such that racism is most often unintended and rarely explicit. To understand how and why law has an oppressive and discriminatory impact on First Nations and other racialized groups in Canadian society, one must look at some of its more subtle processes and, in particular, its ideological form. The goal of this article is to provide insight into the origins and operation of "best interests of the child" ideology and to illustrate how it structures and constrains judicial decision making in the context of First Nations child welfare. Best interests ideology serves to portray the …

Front Matter, Volume 17, Number 3, University Of Dayton

University of Dayton Law Review

Table of contents, Volume 17, Number 3

Introduction, Robert A. Kreiss

University of Dayton Law Review

No abstract provided.

The Copyright Office And The Formal Requirements Of Registration Of Claims To Copyright, Marybeth Peters

University of Dayton Law Review

No abstract provided.