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Full-Text Articles in Law

Lachs V. Fidelity & Casualty Co. Of New York: Timeless And Ahead Of Its Time, Jeffrey W. Stempel Jun 2002

Lachs V. Fidelity & Casualty Co. Of New York: Timeless And Ahead Of Its Time, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.


The Saga Of Gracie Terrace, Thomas R. Newman, Maro A. Goldstone Jun 2002

The Saga Of Gracie Terrace, Thomas R. Newman, Maro A. Goldstone

Nevada Law Journal

No abstract provided.


The Sounds Of Silence: Waiting For Courts To Acknowledge That Public Policy Justifies Awarding Damages To Third-Party Claimants When Liability Insurers Deal With Them In Bad Faith, Francis J. Mootz Iii Jun 2002

The Sounds Of Silence: Waiting For Courts To Acknowledge That Public Policy Justifies Awarding Damages To Third-Party Claimants When Liability Insurers Deal With Them In Bad Faith, Francis J. Mootz Iii

Nevada Law Journal

No abstract provided.


May Harvey Rest In Peace: Lakin V. Postal Life And Casualty Company, Robert H. Jerry ,Ii Jun 2002

May Harvey Rest In Peace: Lakin V. Postal Life And Casualty Company, Robert H. Jerry ,Ii

Nevada Law Journal

No abstract provided.


Is There Insurance Coverage For Lawsuits Against The Firearm Industry?, Walter J. Andrews, Michael S. Levine Jun 2002

Is There Insurance Coverage For Lawsuits Against The Firearm Industry?, Walter J. Andrews, Michael S. Levine

Nevada Law Journal

No abstract provided.


A "Keene" Story, Eugene R. Anderson Jun 2002

A "Keene" Story, Eugene R. Anderson

Nevada Law Journal

No abstract provided.


Introduction: Favorite Insurance Cases Symposium, Jeffrey W. Stempel Jun 2002

Introduction: Favorite Insurance Cases Symposium, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.


Teaching Real Torts: Using Barry Werth's Damages In The Law School Classroom, Tom Baker Jun 2002

Teaching Real Torts: Using Barry Werth's Damages In The Law School Classroom, Tom Baker

Nevada Law Journal

No abstract provided.


Crisci V. Security Insurance Co.: The Dawn Of The Modern Era Of Insurance: Bad Faith And Emotional Distress Damages, Jeffrey E. Thomas Jun 2002

Crisci V. Security Insurance Co.: The Dawn Of The Modern Era Of Insurance: Bad Faith And Emotional Distress Damages, Jeffrey E. Thomas

Nevada Law Journal

No abstract provided.


Salt Equalizer, Vol. 2002, Issue 2, Society Of American Law Teachers Apr 2002

Salt Equalizer, Vol. 2002, Issue 2, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

SALT Celebrates 30 Years with Gala Banquet, at 1.

Paula C. Johnson & Michael Rooke-Ley, Presidents' Column, at 1.

Margaret Montoya, An Update on Grutter, the Michigan Law School Affirmative Action Case, at 2.

New Teachers Workshop, at 3.

SALT Extends Condolences to Appalachian School of Law, at 5.

Public Interest Retreats, at 6.

SALT Committee Reports, at 8.

Special Pull-Out Section: SALT Committees 2002-03, at 12.

SALT Opposes Pickering Nomination, at 20.

Professors Protest Justice Thomas Visit: SALT Writes in Support, at 22.


Intential Infliction Of Mental Distress In Nevada, Carl Tobias Mar 2002

Intential Infliction Of Mental Distress In Nevada, Carl Tobias

Nevada Law Journal

No abstract provided.


Do Race/Ethnicity And Gender Influence Criminal Defendants' Satisfaction With Their Lawyers' Services? An Empirical Study Of Nevada Inmates, Robert J. Aalberts, Thomas E. Boyt, Lorne H. Seidman Mar 2002

Do Race/Ethnicity And Gender Influence Criminal Defendants' Satisfaction With Their Lawyers' Services? An Empirical Study Of Nevada Inmates, Robert J. Aalberts, Thomas E. Boyt, Lorne H. Seidman

Nevada Law Journal

No abstract provided.


Waiting For Daubert: The Nevada Supreme Court And The Admissibility Of Expert Testimony, Brian Irvine Mar 2002

Waiting For Daubert: The Nevada Supreme Court And The Admissibility Of Expert Testimony, Brian Irvine

Nevada Law Journal

No abstract provided.


Rodriguez V. Rodriguez: Fault As A Determinative Factor In Alimony Awards In Nevada And Other Community Property Jurisdictions , Catherine Mazzeo Mar 2002

Rodriguez V. Rodriguez: Fault As A Determinative Factor In Alimony Awards In Nevada And Other Community Property Jurisdictions , Catherine Mazzeo

Nevada Law Journal

No abstract provided.


Ministerial Exception And Title Vii Claims: Case Law Grid Analysis, Janet S. Belcove-Shalin Mar 2002

Ministerial Exception And Title Vii Claims: Case Law Grid Analysis, Janet S. Belcove-Shalin

Nevada Law Journal

No abstract provided.


Annual Survey Of Nevada Law 2000, Gary Ashman Mar 2002

Annual Survey Of Nevada Law 2000, Gary Ashman

Nevada Law Journal

No abstract provided.


Insurer Or Policyholder Control Of The Defense And The Duty To Fund Settlements, James M. Fischer Mar 2002

Insurer Or Policyholder Control Of The Defense And The Duty To Fund Settlements, James M. Fischer

Nevada Law Journal

No abstract provided.


Statement On The Bar Exam, Society Of American Law Teachers Jan 2002

Statement On The Bar Exam, Society Of American Law Teachers

Statements

In 2002, SALT issued a statement on the bar exam in which it opposed raising the passing score and provided alternatives to the existing bar exam.


Civil Liability And Remedies In Ohio Securities Transactions, Keith A. Rowley Jan 2002

Civil Liability And Remedies In Ohio Securities Transactions, Keith A. Rowley

Scholarly Works

The Ohio Securities Act (“OSA”) was enacted in 1913 to “guard [ ] investors against fraudulent enterprises, to prevent sales of securities based only on schemes purely speculative in character, and to protect the public from swindling peddlers of worthless stocks in mere paper corporations.” The OSA, which is administered by the Ohio Division of Securities (“Division”) and enforced by both the Division and private litigants, regulates the sale and purchase of securities in Ohio. The OSA and the rules and regulations promulgated pursuant to it by the Division are designed both to encourage compliance by those who might otherwise …


Uncharted Terrain: The Intersection Of Privatization And Welfare, Rebecca L. Scharf, Henry Freedman, Mary R. Mannix, Marc Cohan Jan 2002

Uncharted Terrain: The Intersection Of Privatization And Welfare, Rebecca L. Scharf, Henry Freedman, Mary R. Mannix, Marc Cohan

Scholarly Works

Welfare, a mainstay of legal services practice, is cutting edge again. Clients need help negotiating a system that devolution, discretion, and privatization have changed radically. Public officials need help in this new environment to "get it right," so that programs achieve the laudable goals ascribed to them.

Privatization creates special challenges for welfare advocates. New players, ranging from neighborhood nonprofit organizations to churches to multinational corporations, are making decisions that affect clients' vital interests. New legal issues, ranging from state action to public contracting compliance, can arise. Accountability and transparency, difficult to achieve in the governance of traditional welfare programs, …


The Terrors Of Dealing With September 11th, Christopher L. Blakesley Jan 2002

The Terrors Of Dealing With September 11th, Christopher L. Blakesley

Scholarly Works

No abstract provided.


Multidisciplinary Practice After In Re Enron: Should The Debate On Mdp Change At All?, Nancy B. Rapoport Jan 2002

Multidisciplinary Practice After In Re Enron: Should The Debate On Mdp Change At All?, Nancy B. Rapoport

Scholarly Works

No abstract provided.


The Un-Balanced Fourth Amendment: A Cultural Study Of The Drug War, Racial Profiling And Arvizu, Frank Rudy Cooper Jan 2002

The Un-Balanced Fourth Amendment: A Cultural Study Of The Drug War, Racial Profiling And Arvizu, Frank Rudy Cooper

Scholarly Works

In this Article, Professor Frank Rudy Cooper provides a cultural studies approach to the encoding and decoding of the drug war that will allow us to draw important conclusions about the effects of the drug war on the Court. In Part I of this Article, he describes how the field of cultural studies reads popular culture through the analytical tools of "encoding" and "decoding." In Part II, he analyzes why and how law enforcement has encoded the drug war as requiring increased prosecution of drug users and drug dealers. In Part III, he considers how the Court's decoding of law …


Understanding "Depolicing": Symbiosis Theory And Critical Cultural Theory, Frank Rudy Cooper Jan 2002

Understanding "Depolicing": Symbiosis Theory And Critical Cultural Theory, Frank Rudy Cooper

Scholarly Works

Doctrinal analyses help us understand what law does. Identity theory helps us understand why law operates in certain ways. Cultural studies can help us understand that where law operates is crucial to both how it operates, and on whom.

Nancy Ehrenreich's Subordination and Symbiosis: Mechanisms of Mutual Support Between Subordinating Systems is especially valuable because her symbiosis theory expands identity theory. Ehrenreich turns our attention to the subjectivities of those who are partly subordinated but mostly privileged-those who accept their own oppression in return for the "compensation" of being able to use the law to subordinate others. Nonetheless, symbiosis theory …


Universality And Its Limits: When Research Ethics Can Reflect Local Conditions, David Orentlicher Jan 2002

Universality And Its Limits: When Research Ethics Can Reflect Local Conditions, David Orentlicher

Scholarly Works

No abstract provided.


Executing White Masculinities: Lessons From Karla Faye Tucker, Joan W. Howarth Jan 2002

Executing White Masculinities: Lessons From Karla Faye Tucker, Joan W. Howarth

Scholarly Works

Gender is a constant struggle. Throughout our lives, we contend with multiple unstable and oppositional social constructions of gender, or hierarchies of masculinities and femininities. Knowing, or trying to know, who is male and who is female, and how men and women should act, is a major part of the structure of our identities, our societies, and our democracy. These gender questions are not separate from race or class; together for example, they shape what is expected of a poor young White man or a middle-class, African American grandmother. Racialized and class-based, gender helps to tell us who is frightening, …


Feminist Legal Writing, Kathryn M. Stanchi Jan 2002

Feminist Legal Writing, Kathryn M. Stanchi

Scholarly Works

To lay the groundwork for the exploration of feminist legal writing, this Article first summarizes the traditions and conventions of persuasion and persuasive writing-how they are characterized in law and how they are taught in law school. It then summarizes a type of language in linguistic theory called "antilanguage," which is language created by groups in society that are outcasts or otherwise excluded from the dominant social class to rebel against the dominant class. Analyzing several pieces of feminist legal scholarship that use unconventional writing techniques, this Article identifies a type of feminist legal antilanguage. This feminist legal antilanguage uses …


Introduction: Favorite Insurance Cases Symposium, Jeffrey W. Stempel Jan 2002

Introduction: Favorite Insurance Cases Symposium, Jeffrey W. Stempel

Scholarly Works

Insurance law scholars and teachers sometimes feel, with a mixture of paranoia and justification, that insurance law simply does not receive its proper respect in the hierarchy of legal education and law generally.

Consider the law school curriculum. In none of America’s nearly 200 ABA-approved law schools in insurance law a required course. Nor is it considered a course that, although not required, prudent students “must” be sure to take before they graduate (e.g. Evidence, Corporations). Enrollments may be respectable but the class is seldom oversubscribed, even where the law school is located in an insurance hub city. Although other …


Timeless And Ahead Of Its Time: Lach's V. Fidelity & Casualty Of New York, Jeffrey W. Stempel Jan 2002

Timeless And Ahead Of Its Time: Lach's V. Fidelity & Casualty Of New York, Jeffrey W. Stempel

Scholarly Works

The publication of Judge Keeton's important article “inventing” the reasonable expectations doctrine in 1971 is notable for infusing a good deal of intellectual energy into the study of insurance law, particularly judicial decisions about insurance coverage. Keeton's article, which deduced from cases the principle that courts tended to interpret policies to vindicate the objectively reasonable expectations of the insured, has rightly been viewed as a milestone. It clarified an area of law long seen as inconsistent or result-oriented. It spurred additional important scholarship in the area and elevated insurance caselaw from something of a backwater to at least a respectable …


The Insurance Aftermath Of September 11: Myriad Claims, Multiple Lines, Arguments Over Ocurrence Counting, War Risk Exclusions, The Future Of Terrorism Coverage, And New Issues Of Government Role, Jeffrey W. Stempel Jan 2002

The Insurance Aftermath Of September 11: Myriad Claims, Multiple Lines, Arguments Over Ocurrence Counting, War Risk Exclusions, The Future Of Terrorism Coverage, And New Issues Of Government Role, Jeffrey W. Stempel

Scholarly Works

September 11, 2001, is an unforgettable date for many reasons. In addition to its political, social, and historical importance, it may mark a watershed of insurance history as well. The value of the insurance losses due to the collapse of the World Trade Center (WTC) towers is estimated to total at least $35 billion and perhaps $75 billion. In addition, most of the people killed by terrorism were covered by life insurance. Many business operations were affected, invoking possible business interruption coverage. The airplanes that became weapons of destruction carried passengers whose estates are likely to press claims against the …