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Full-Text Articles in Law
Enforcement Of Acceleration Provisions And The Rhetoric Of Good Faith, R. Wilson Freyermuth
Enforcement Of Acceleration Provisions And The Rhetoric Of Good Faith, R. Wilson Freyermuth
Faculty Publications
Today, virtually all mortgages contain acceleration clauses permitting the mortgagee to accelerate the mortgage indebtedness upon default by the mortgagor as defined in the mortgage loan documentation. Section 8.1 of the new Restatement (Third) of Property: Mortgages [hereinafter Mortgages Restatement]1 endorses the view that these mortgage acceleration provisions are generally enforceable after default in accordance with their terms. Following default and acceleration, the mortgagor may prevent foreclosure only by redeeming the property from the mortgage debt, i.e., “only by paying or tendering to the mortgagee the full accelerated mortgage obligation.” Section 8.1(d)(3), however, places certain constraints upon the mortgagee's right …
Mandatory Student Fees: First Amendment Concerns And University Discretion, Christina E. Wells
Mandatory Student Fees: First Amendment Concerns And University Discretion, Christina E. Wells
Faculty Publications
This Comment analyzes the constitutional issues raised by the use of mandatory student fees to fund speech at public universities. Part I examines the interests of students and universities with respect to the use of such fees. Part II examines court decisions in this area. Part III looks to the nature of student fees and demonstrates that they are permissible exercises of university discretion. Parts IV and V discuss whether the Constitution requires a university, if it funds student organizations by mandatory fees, to fund all organizations equally, without regard to other students' objections to those organizations' viewpoints.
1987 Survey Of Trends And Developments On Religious Liberty In The Courts, Carl H. Esbeck
1987 Survey Of Trends And Developments On Religious Liberty In The Courts, Carl H. Esbeck
Faculty Publications
The purpose of this survey is to note important caselaw developments in the state and lower federal courts concerning religious liberty. Purposely omitted are the widely reported United States Supreme Court opinions, as well as cases where the Court has granted review during the 1987-88 term. The focus here is to collect significant cases that may otherwise escape broad attention. Only the facts and rationale of each court's decision is recorded. No editorial comment on the merits of these cases is intended.
Role Of The Criminal Defense Lawyer In Representing The Mentally Impaired Defendant: Zealous Advocate Or Officer Of The Court, Rodney J. Uphoff
Role Of The Criminal Defense Lawyer In Representing The Mentally Impaired Defendant: Zealous Advocate Or Officer Of The Court, Rodney J. Uphoff
Faculty Publications
This article examines a difficult question in the representation of mentally impaired criminal defendants: should counsel be obligated to inform the court of doubts about a client's competency to stand trial even though doing so may be contrary to the client's wishes or best interests? Professor Rodney J. Uphoff analyzes authorities that impose such an obligation on defense lawyers, including an American Bar Association Criminal Justice Standard and a recent decision of the Wisconsin Supreme Court, State v. Johnson. Uphoff concludes that these authorities needlessly undercut the mentally impaired defendant's right to zealous representation. He proposes an alternative ethical model …
Protecting Waste Assimilation Streamflows By The Law Of Water Allocation, Nuisance, And Public Trust, And By Environmental Statutes, Peter N. Davis
Protecting Waste Assimilation Streamflows By The Law Of Water Allocation, Nuisance, And Public Trust, And By Environmental Statutes, Peter N. Davis
Faculty Publications
Both federal and state water pollution control statutes require dramatic reductions in waste discharges, but not their total elimination. Those statutes require establishing water quality standards for receiving waters and presume that they will be adequate to assimilate the residual post treatment wastes. But nothing is those statutes assures that minimum flows for waste assimilation in fact will remain in existence. Neither the common law nor eastern and western diversion permit statutes expressly provide direct means for establishing such minimum protected flows for residual waste assimilation. Those means include establishing minimum flows for fish and wildlife habitat and recreation purposes …