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Articles 31 - 38 of 38
Full-Text Articles in Law
Breathe Deeply: The Tort Of Smokers' Battery, Irene Scharf
Breathe Deeply: The Tort Of Smokers' Battery, Irene Scharf
Faculty Publications
This Article explores the long and faltering history of attempts to impose liability on tobacco product manufactures. Part II traces the manufacturers' historical and current actions of targeting youth through both promotions and deceptive advertising. Part III argues in favor of an expanded cause of action against the manufacturers for the intentional tort of battery. Part IV discusses the prospect of awards of punitive damages in these cases, and the Epilogue summarizes other advantages of the battery cause of action.
The Religious Freedom Restoration Act: Establishment, Equal Protection And Free Speech Concerns, William P. Marshall
The Religious Freedom Restoration Act: Establishment, Equal Protection And Free Speech Concerns, William P. Marshall
Faculty Publications
No abstract provided.
Criminal Discovery In Oklahoma: A Call For Legislative Action, Rodney J. Uphoff
Criminal Discovery In Oklahoma: A Call For Legislative Action, Rodney J. Uphoff
Faculty Publications
This article first explores the Allen decision and the extent to which Allen changed the law of criminal discovery in Oklahoma. Next, the article examines some of the theoretical and practical problems with the Allen procedures as well as the efforts of the Oklahoma Court of Criminal Appeals to address some of the troublesome questions generated by Allen. Finally, the article discusses the need to replace the Allen provisions with a legislative framework that facilitates pretrial access to information and minimizes “trial ambush,” but without compromising the fair and efficient operation of the adversary system.
The Eleventh Amendment, Process Federalism And The Clear Statement Rule, William P. Marshall
The Eleventh Amendment, Process Federalism And The Clear Statement Rule, William P. Marshall
Faculty Publications
No abstract provided.
The Dilution Of The First Amendment And The Equality Of Ideas, William P. Marshall
The Dilution Of The First Amendment And The Equality Of Ideas, William P. Marshall
Faculty Publications
No abstract provided.
Congressional Standing To Sue: Whose Vote Is This, Anyway?, R. Lawrence Dessem
Congressional Standing To Sue: Whose Vote Is This, Anyway?, R. Lawrence Dessem
Faculty Publications
The article is divided into three major sections. Section I traces the development of a separate doctrine of “congressional standing.” It examines the doctrine's development from the Supreme Court's initial consideration of legislative standing through the current opinions of the United States Court of Appeals for the District of Columbia Circuit. Section II then analyzes three possible theories of congressional injury and standing. Derivative, representative, and third-party standing theories are all rejected as a basis for congressional standing. While rejecting the suggestion that congressmen possess a personal interest in “their” votes sufficient to constitute the “distinct and palpable injury” required …
An Examination Of Congressional Powers Under Section 5 Of The 14th Amendment, Gene R. Nichol Jr.
An Examination Of Congressional Powers Under Section 5 Of The 14th Amendment, Gene R. Nichol Jr.
Faculty Publications
No abstract provided.
Conflict Of Spousal Immunity Laws: The Legislature Takes A Hand, Dale A. Whitman
Conflict Of Spousal Immunity Laws: The Legislature Takes A Hand, Dale A. Whitman
Faculty Publications
During the 1967 session of the North Carolina General Assembly, the legislators made a novel excursion into the realm of conflict of laws, modifying the state's traditional rule of lex loci delicti as it applies to spousal immunity. The purpose of this comment is to explore the legal background and examine the possible effects of the new statute, and to consider its implications for existing choice-of- law doctrine. At common law, neither spouse could bring an action against the other for negligently inflicted injury. Such a rule leads to a good deal of manifest injustice, and it has been abandoned …