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Full-Text Articles in Law

Online Auctions Of Repossessed Collateral Under Article 9, Michael Korybut Oct 1999

Online Auctions Of Repossessed Collateral Under Article 9, Michael Korybut

All Faculty Scholarship

Under U.C.C. Article 9, a secured creditor selling repossessed collateral must do so in a commercially reasonable manner. A traditional form of foreclosure sale is an auction conducted by a professional auctioneer. With the rapid growth of online auctions like eBay, secured parties may want to use the new platform to sell their collateral. But conceived in the 1940s, Article 9 was not drafted with the Internet in mind. The secured creditor will face many novel issues, including whether the defining characteristics distinguishing a real-world public sale from a private sale remain coherent and applicable in cyberspace; whether an online …


Advocating Equality: Judge Theodore Mcmillian’S Civil Rights Jurisprudence And St. Mary’S Honor Center V. Hicks, Leland Ware Jan 1999

Advocating Equality: Judge Theodore Mcmillian’S Civil Rights Jurisprudence And St. Mary’S Honor Center V. Hicks, Leland Ware

Saint Louis University Law Journal

No abstract provided.


Speech By Bill Bradley At The National Action Network Harlem, N.Y. August 23, 1999, Senator Bill Bradley Jan 1999

Speech By Bill Bradley At The National Action Network Harlem, N.Y. August 23, 1999, Senator Bill Bradley

Saint Louis University Public Law Review

No abstract provided.


Any Way You Slice It: Why Racial Profiling Is Wrong, Reginald T. Shuford Jan 1999

Any Way You Slice It: Why Racial Profiling Is Wrong, Reginald T. Shuford

Saint Louis University Public Law Review

No abstract provided.


The Anatomy Of American Caste, Bryan K. Fair Jan 1999

The Anatomy Of American Caste, Bryan K. Fair

Saint Louis University Public Law Review

No abstract provided.


Restricting The “Marketplace Of Ideas”: Third Parties, Media Candidates, And Forbes’ Imprecise Standards, Noaman Barkatullah Jan 1999

Restricting The “Marketplace Of Ideas”: Third Parties, Media Candidates, And Forbes’ Imprecise Standards, Noaman Barkatullah

Saint Louis University Public Law Review

No abstract provided.


Table Of Contents Jan 1999

Table Of Contents

Saint Louis University Public Law Review

No abstract provided.


School Desegregation In The New Millennium: The Racial Balance Standard Is An Inadequate Approach To Achieving Equality In Education, Melva Ware Jan 1999

School Desegregation In The New Millennium: The Racial Balance Standard Is An Inadequate Approach To Achieving Equality In Education, Melva Ware

Saint Louis University Public Law Review

No abstract provided.


Addressing In Vitro Fertilization And The Problem Of Multiple Gestations, Mary Ann Davis Moriarty Jan 1999

Addressing In Vitro Fertilization And The Problem Of Multiple Gestations, Mary Ann Davis Moriarty

Saint Louis University Public Law Review

No abstract provided.


Masthead Jan 1999

Masthead

Saint Louis University Public Law Review

No abstract provided.


The Supreme Court And Affirmative Action: Narratives About Race And Justice, Benjamin Baez Jan 1999

The Supreme Court And Affirmative Action: Narratives About Race And Justice, Benjamin Baez

Saint Louis University Public Law Review

No abstract provided.


Table Of Contents Jan 1999

Table Of Contents

Saint Louis University Public Law Review

No abstract provided.


Taking Guns Seriously: Common Sense Gun Control To Keep Guns Out Of The Hands Of Kids And Criminals, Senator Richard J. Durbin Jan 1999

Taking Guns Seriously: Common Sense Gun Control To Keep Guns Out Of The Hands Of Kids And Criminals, Senator Richard J. Durbin

Saint Louis University Public Law Review

No abstract provided.


The Heritage Of Our Right To Bear Arms, Representative Cliff Stearns Jan 1999

The Heritage Of Our Right To Bear Arms, Representative Cliff Stearns

Saint Louis University Public Law Review

No abstract provided.


Masthead Jan 1999

Masthead

Saint Louis University Public Law Review

No abstract provided.


Batf Gun Trace Data And The Role Of Organized Gun Trafficking In Supplying Guns To Criminals, Gary Kleck Jan 1999

Batf Gun Trace Data And The Role Of Organized Gun Trafficking In Supplying Guns To Criminals, Gary Kleck

Saint Louis University Public Law Review

No abstract provided.


The Gun Control Act Of 1968, William J. Vizzard Jan 1999

The Gun Control Act Of 1968, William J. Vizzard

Saint Louis University Public Law Review

No abstract provided.


Child Access Prevention Laws: A Common Sense Approach To Gun Control, Andrew J. Mcclurg Jan 1999

Child Access Prevention Laws: A Common Sense Approach To Gun Control, Andrew J. Mcclurg

Saint Louis University Public Law Review

No abstract provided.


The Sound Of Silence: The Supreme Court And The Second Amendment – A Response To Professor Kopel, David Yassky Jan 1999

The Sound Of Silence: The Supreme Court And The Second Amendment – A Response To Professor Kopel, David Yassky

Saint Louis University Public Law Review

No abstract provided.


The Sounds Of The Supremes: A Reply To Professor Yassky, David B. Kopel Jan 1999

The Sounds Of The Supremes: A Reply To Professor Yassky, David B. Kopel

Saint Louis University Public Law Review

No abstract provided.


The Supreme Court’S Thirty-Five Other Gun Cases: What The Supreme Court Has Said About The Second Amendment, David B. Kopel Jan 1999

The Supreme Court’S Thirty-Five Other Gun Cases: What The Supreme Court Has Said About The Second Amendment, David B. Kopel

Saint Louis University Public Law Review

No abstract provided.


Guns And Justifiable Homicide: Deterrence And Defense, Lawrence Southwick Jr. Jan 1999

Guns And Justifiable Homicide: Deterrence And Defense, Lawrence Southwick Jr.

Saint Louis University Public Law Review

No abstract provided.


Lack Of Knowledge Of Sexual Harassment Shields School Districts From Employer Liability Under Title Ix Gebser V. Lago Vista Indep. School Dist., Latosha Higgins Jan 1999

Lack Of Knowledge Of Sexual Harassment Shields School Districts From Employer Liability Under Title Ix Gebser V. Lago Vista Indep. School Dist., Latosha Higgins

Saint Louis University Public Law Review

No abstract provided.


Who Is Really Being Protected By Regulation Of The Communications Industry?: Implications Of American Telephone & Telegraph Co. V. Central Office Telephone, Inc., Mark C. Young Jan 1999

Who Is Really Being Protected By Regulation Of The Communications Industry?: Implications Of American Telephone & Telegraph Co. V. Central Office Telephone, Inc., Mark C. Young

Saint Louis University Public Law Review

No abstract provided.


City Lawsuits Against The Gun Industry: A Roadmap For Reforming Gun Industry Misconduct, Brian J. Siebel Jan 1999

City Lawsuits Against The Gun Industry: A Roadmap For Reforming Gun Industry Misconduct, Brian J. Siebel

Saint Louis University Public Law Review

No abstract provided.


Running Afoul Of The Principle Of Non-Refoulement: Expedited Removal Under The Illegal Immigration Reform And Immigrant Responsibility Act, James E. Crowe Iii Jan 1999

Running Afoul Of The Principle Of Non-Refoulement: Expedited Removal Under The Illegal Immigration Reform And Immigrant Responsibility Act, James E. Crowe Iii

Saint Louis University Public Law Review

No abstract provided.


The New Wto Agreement On Financial Services And Chapter 14 Of Nafta: Has Free Trade In Banking Finally Arrived?, Constance Z. Wagner Jan 1999

The New Wto Agreement On Financial Services And Chapter 14 Of Nafta: Has Free Trade In Banking Finally Arrived?, Constance Z. Wagner

All Faculty Scholarship

This article discusses the U.S. policy rationale for seeking free international trade in financial services and assesses whether U.S. policy goals have been met through recent trade agreement negotiations. Free trade in financial services has been a goal of U.S. trade policy since the early 1980’s. Over a period of fifteen years, the United States concluded several agreements on financial services with key trading partners. The most significant agreements are the World Trade Organization (WTO) Agreement on Financial Services (FSA) and Chapter 14 of the North American Free Trade Agreement (NAFTA) on Financial Services. In both of these trade agreements, …


Managed Care And Mental Health: Clinical Perspectives And Legal Realities, Jesse Goldner Jan 1999

Managed Care And Mental Health: Clinical Perspectives And Legal Realities, Jesse Goldner

All Faculty Scholarship

Managed care is beginning to dominate the delivery of mental health services. The Article reviews limitations on managed care's ability to deal adequately with mental illness. It discusses empirical and other research examining the use of primary care providers as gatekeepers and it explores utilization review mechanisms, focusing particularly on providers' responses to UR. The impact on quality, access and continuity of care on discrete populations is analyzed. The article then surveys a variety of legal issues in the regulation of managed care, particularly as they apply to the provision of mental health services. These include ERISA, parity and liability …


Antitrust And The Health Care Industry: The View From The Three Branches, Thomas L. Greaney Jan 1999

Antitrust And The Health Care Industry: The View From The Three Branches, Thomas L. Greaney

All Faculty Scholarship

This article provides a critical appraisal of the summer's three major health care antitrust events. The California Dental Association case, the Justice Department's challenge to the Aetna-Prudential merger, and the proposed Quality Health Care Coalition Act of 1999 are likely to have a significant influence on the trajectory of antitrust enforcement in the coming years. The author argues that the reasoning of these precedents suffers from an over reaction to the managed care bogeyman and a lack of attention to sound antitrust jurisprudence. In a postscript, it finds similar shortcomings with the Eighth Circuit's recent decision in FTC & State …


Federal Common Law In Admiralty: An Introduction To The Beginning Of An Exchange, Joel K. Goldstein Jan 1999

Federal Common Law In Admiralty: An Introduction To The Beginning Of An Exchange, Joel K. Goldstein

All Faculty Scholarship

Most scholars and practitioners of admiralty law have long relied upon two central assumptions regarding their subject. First, they have understood that uniformity was a requisite of maritime law such that, generally speaking, national, rather than state, law governed most maritime events and transactions. Second, they have believed that in order to preserve the uniformity of maritime law, federal admiralty courts are empowered to fashion federal common law.[1] The commitment to these related propositions has been attested to or illustrated by a collection of Supreme Court decisions.[2] For instance, in Southern Pacific Co. v. Jensen,[3] the case that stands as …