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Articles 31 - 60 of 62
Full-Text Articles in Law
Expert Testimony, Paul C. Giannelli
Transfer Of Jurisdiction From The Juvenile Court, Paul C. Giannelli
Transfer Of Jurisdiction From The Juvenile Court, Paul C. Giannelli
Faculty Publications
No abstract provided.
Firearms And Toolmark Evidence, Paul C. Giannelli
Firearms And Toolmark Evidence, Paul C. Giannelli
Faculty Publications
No abstract provided.
Polygraph And Deception Tests, Paul C. Giannelli
Polygraph And Deception Tests, Paul C. Giannelli
Faculty Publications
No abstract provided.
Polygraph And Deception Tests: Part Ii, Paul C. Giannelli
Polygraph And Deception Tests: Part Ii, Paul C. Giannelli
Faculty Publications
No abstract provided.
Defining "Legitimacy" In Disparate Treatment Cases: Motivational Inferences As A Talisman For Analysis, Mack Player
Defining "Legitimacy" In Disparate Treatment Cases: Motivational Inferences As A Talisman For Analysis, Mack Player
Faculty Publications
No abstract provided.
Applicants, Applicants In The Hall, Who's The Fairest Of Them All? Comparing Qualifications Under Employment Discrimination Law, Mack Player
Faculty Publications
No abstract provided.
Introduction And Welcome, Gerald F. Uelmen
Jurisdiction And The Japanese Defendant, Robert Peterson
Jurisdiction And The Japanese Defendant, Robert Peterson
Faculty Publications
This article considers some of the current tactical and legal issues counsel must face in bringing the Japanese defendant into an American court. Much of the discussion is also relevant to service in other foreign countries. The article concludes with a recipe for the proper preparation of service of process which the Japanese defendant should find irresistible.
The Second Death Of Federalism, William W. Van Alstyne
The Second Death Of Federalism, William W. Van Alstyne
Faculty Publications
In 1976, in National League of Cities v. Usery, the Supreme Court distinguished acts of Congress regulating commercial relations from acts of Congress commanding the terms of state services. Last Term, in Garcia v. San Antonio Metropolitan Transit Authority, the Court abandoned the distinction and held that it was principally for Congress to determine federalism questions. In this Comment, Professor Van Alstyne criticizes the Court on both counts.
Eighth Amendment Challenges To The Length Of A Criminal Sentence: Following The Supreme Court “From Precedent To Precedent”, Thomas E. Baker, Fletcher N. Baldwin Jr
Eighth Amendment Challenges To The Length Of A Criminal Sentence: Following The Supreme Court “From Precedent To Precedent”, Thomas E. Baker, Fletcher N. Baldwin Jr
Faculty Publications
Defendant A was convicted twice previously of felonies and sentenced to prison for fraudulent use of a credit card ($80.00) and for passing a forged check ($28.36). Upon his third felony conviction for obtaining money by false pretenses ($120.75), he received a mandatory life sentence under a state recidivist statute.
Book Review Of Solutions To Ethical And Legal Problems In Social Research, Larry I. Palmer
Book Review Of Solutions To Ethical And Legal Problems In Social Research, Larry I. Palmer
Faculty Publications
No abstract provided.
Criminal Procedure And The Conflict Of Laws, John Bernard Corr
Criminal Procedure And The Conflict Of Laws, John Bernard Corr
Faculty Publications
No abstract provided.
Modern Choice Of Law And Public Policy: The Emperor Has The Same Old Clothes, John Bernard Corr
Modern Choice Of Law And Public Policy: The Emperor Has The Same Old Clothes, John Bernard Corr
Faculty Publications
The author critically evaluates the adoption of the modern learning model in choice of law analysis. After evaluating the judiciary's use of this model in seven jurisdictions, the author concludes that the traditional learning is better suited to resolving choice of law issues.
The Infliction Of Harm Through The Publication Of Fiction: Fashioning A Theory Of Liability, Paul A. Lebel
The Infliction Of Harm Through The Publication Of Fiction: Fashioning A Theory Of Liability, Paul A. Lebel
Faculty Publications
No abstract provided.
Blame This Messenger: Summers On Fuller, Paul A. Lebel
Blame This Messenger: Summers On Fuller, Paul A. Lebel
Faculty Publications
No abstract provided.
"Of Law And The River," And Of Nihilism And Academic Freedom, Peter W. Martin, Robert W. Gordon, Paul D. Carrington, Paul Brest, Phillip E. Johnson, William W. Van Alstyne, Guido Calabresi, Owen M. Fiss
"Of Law And The River," And Of Nihilism And Academic Freedom, Peter W. Martin, Robert W. Gordon, Paul D. Carrington, Paul Brest, Phillip E. Johnson, William W. Van Alstyne, Guido Calabresi, Owen M. Fiss
Faculty Publications
No abstract provided.
Christmas Without Creches?: Can Private Nativity Scenes Be Banned From Public Land?, Neal Devins
Christmas Without Creches?: Can Private Nativity Scenes Be Banned From Public Land?, Neal Devins
Faculty Publications
No abstract provided.
Accommodating Employees' Sabbaths: Is It The Government's Job?, Neal Devins
Accommodating Employees' Sabbaths: Is It The Government's Job?, Neal Devins
Faculty Publications
No abstract provided.
Residency Requirements For Attorneys: Home Is Where The License Is?, Neal Devins
Residency Requirements For Attorneys: Home Is Where The License Is?, Neal Devins
Faculty Publications
No abstract provided.
Religious Symbols And The Establishment Clause, Neal Devins
Religious Symbols And The Establishment Clause, Neal Devins
Faculty Publications
No abstract provided.
In Re Parochiaid: Church-State Wall Of Separation Scrutinized-Again, Neal Devins
In Re Parochiaid: Church-State Wall Of Separation Scrutinized-Again, Neal Devins
Faculty Publications
No abstract provided.
The Supreme Court And The Privilege Against Self-Incrimination: Has The Burger Court Retreated?, Paul Marcus
The Supreme Court And The Privilege Against Self-Incrimination: Has The Burger Court Retreated?, Paul Marcus
Faculty Publications
No abstract provided.
The Future Of Transferable Development Rights In The Supreme Court, Linda A. Malone
The Future Of Transferable Development Rights In The Supreme Court, Linda A. Malone
Faculty Publications
No abstract provided.
Farmland Preservation, Linda A. Malone
A Critical Analysis Of The New Uniform Fraudulent Transfer Act, Peter A. Alces, Luther M. Dorr
A Critical Analysis Of The New Uniform Fraudulent Transfer Act, Peter A. Alces, Luther M. Dorr
Faculty Publications
No abstract provided.
Toward A General Theory Of Church-State Relations And The First Amendment, Carl H. Esbeck
Toward A General Theory Of Church-State Relations And The First Amendment, Carl H. Esbeck
Faculty Publications
Although government intervention in religious affairs is a new and understandably worrisome experience for many American churches, history instructs us that the confrontation is not novel. We can find some comfort in the fact that this double wrestle of state with church and state with individual believers is a perennial match. After all, it has been nearly sixty years since a brutish measure in Oregon making parochial school education unlawful had to be sidelined by the United States Supreme Court in Pierce v. Society of Sisters.' Over forty-five years ago the Supreme Court decided Lovell v. City of Griffin, snuffing …
Coercive Appointments Of Counsel In Civil Cases In Forma Pauperis: An Easy Case Makes Hard Law, William B. Fisch
Coercive Appointments Of Counsel In Civil Cases In Forma Pauperis: An Easy Case Makes Hard Law, William B. Fisch
Faculty Publications
The power to appoint an unwilling attorney, whether judicial or statutory in origin, has been challenged in principle on three grounds, founded in the Federal Constitution and its state counterparts: (i) that to require the lawyer to serve constitutes involuntary servitude, within the meaning of the thirteenth amendment;' (ii) that it constitutes an unlawful taking of property, or at the very least constitutes a taking for a public use which requires just compensation, under the fifth amendment;8 and (iii) that to subject attorneys as a class to such an obligation constitutes discrimination which would deny them equal protection of the …
Preface: Missouri Law Review--1913-1936-1986, Dale A. Whitman
Preface: Missouri Law Review--1913-1936-1986, Dale A. Whitman
Faculty Publications
The half-century from 1936 to 1986 has seen astonishing growth in the law and in legal education. Among countless illustrations are the enormous expansion of the law of products liability, the promulgation and adoption of numerous Model and Uniform Acts and Codes, and the adoption of the Federal Rules of Civil Procedure and of Evidence. In Missouri, procedural civil and criminal codes have been created, a new Constitution has been adopted, and the judiciary has recently abandoned the doctrine of contributory negligence in favor of a system of pure comparative fault, working a fundamental change in our common law of …
Justifying Unisex Insurance: Another Perspective, Robert H. Jerry Ii, Kyle B. Mansfield
Justifying Unisex Insurance: Another Perspective, Robert H. Jerry Ii, Kyle B. Mansfield
Faculty Publications
This Article contends that gender is an impermissible basis for calculating insurance premiums and payments. Although this Article agrees with the arguments of those who share this view, it offers a different justification for eliminating gender discrimination in insurance. Part I of this Article briefly reviews the status of existing restrictions on gender discrimination in insurance. Part II examines the issues involved in gender-based insurance rating from the perspective of both insurers and advocates of individual equality. Part III presents a new justification for unisex insurance.