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Articles 1 - 30 of 133
Full-Text Articles in Law
The Dialectic Of Rights And Politics: Perspectives From The Women's Movement, Elizabeth M. Schneider
The Dialectic Of Rights And Politics: Perspectives From The Women's Movement, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Public Rights And The Federal Judicial Power: From Murray's Lessee Through Crowell To Schor, Gordon G. Young
Public Rights And The Federal Judicial Power: From Murray's Lessee Through Crowell To Schor, Gordon G. Young
Faculty Scholarship
No abstract provided.
Made In The U.S.A.: Legal And Ethical Issues In Artificial Heart Experimentation, George J. Annas
Made In The U.S.A.: Legal And Ethical Issues In Artificial Heart Experimentation, George J. Annas
Faculty Scholarship
The death of William Schroeder in Louisville, Kentucky, on August 6, 1986, brought to a close a remarkable chapter in public human experimentation. Artificial heart implants represent the most public experiments in the history of the world. The manner in which they are conducted is a matter of utmost public and professional concern, since it graphically portrays the seriousness with which we take our laws and ethical rules regarding the protection of the rights and welfare of human subjects. Unfortunately, the brief history of artificial heart implants is neither a happy nor a proud one. Begun with high hopes and …
Ethics Of Embryo Research: Not As Easy At It Sounds, George J. Annas
Ethics Of Embryo Research: Not As Easy At It Sounds, George J. Annas
Faculty Scholarship
Mark Twain once said of Wagner's music, "It's not as bad as it sounds." Likewise, it may be said of Peter Singer and Helga Kuhse's stroll through the issues involving embryo research: "It's not as easy as it sounds."
Today it seems clear that Aldous Huxley's version of a Brave New World is much closer to the mark than George Orwell's 1984. We will not have to be dragged into a technologically dominated future by a totalitarian government; we will go willingly, cheering almost any change as "better" and accepting science as always "improving" on nature. This childlike faith …
The Cost Of Acceptability: Blue Buses, Agent Orange, And Aversion To Statistical Evidence, Neil B. Cohen
The Cost Of Acceptability: Blue Buses, Agent Orange, And Aversion To Statistical Evidence, Neil B. Cohen
Faculty Scholarship
No abstract provided.
Assessment Of Shelf Registration: How Much Diligence Is Due Investors?, Roberta S. Karmel
Assessment Of Shelf Registration: How Much Diligence Is Due Investors?, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Conflict Of Laws (1986), James Paul George, Fred C. Pedersen
Conflict Of Laws (1986), James Paul George, Fred C. Pedersen
Faculty Scholarship
Conflicts of law occur when foreign elements appear in a lawsuit. Nonresident plaintiffs or defendants, incidents in other state or countries, and lawsuits outside of Texas are all foreign elements that may create conflicts problems with judicial jurisdiction, choice of law, or the recognition and enforcement of foreign judgments. This Article will review Texas conflicts of law during the Survey period from late 1984 through 1985. The Survey includes cases from Texas state and federal courts, and non-Texas cases affecting Texas practice.
During the Survey period, judicial jurisdiction continued its uncertain theoretical expansion, with Texas courts raising important questions. Foreign …
Can Regulators Of International Capital Markets Strike A Balance Between Competing Interests, Roberta S. Karmel
Can Regulators Of International Capital Markets Strike A Balance Between Competing Interests, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Can Regulators Of International Capital Markets Strike A Balance Between Competing Interests?, Roberta S. Karmel
Can Regulators Of International Capital Markets Strike A Balance Between Competing Interests?, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Justice Jackson's Flag Salute Legacy: The Supreme Court Struggles To Protect Intellectual Individualism, Leora Harpaz
Justice Jackson's Flag Salute Legacy: The Supreme Court Struggles To Protect Intellectual Individualism, Leora Harpaz
Faculty Scholarship
The first amendment has long protected a complex and interwoven range of individual interests. Protected freedoms often involve expressive activities-religion, speech, the press, assembly, and association. The first amendment also protects an individual's freedom to refrain from expressive activity.
Two distinct kinds of liberty interest support the right to refrain from expressive activity. First, individuals have an interest in not being forced to reveal information about personal beliefs or associations. Such a claim may arise in a variety of contexts: a reporter may not wish to reveal the identity of news sources for fear of discouraging future revelations; a public …
Hijacking Trials Overseas: The Need For An Article Iii Court, Maryellen Fullerton
Hijacking Trials Overseas: The Need For An Article Iii Court, Maryellen Fullerton
Faculty Scholarship
No abstract provided.
With Liberty And Justice For All: An Essay On Agent Orange And Choice Of Law, Aaron Twerski
With Liberty And Justice For All: An Essay On Agent Orange And Choice Of Law, Aaron Twerski
Faculty Scholarship
No abstract provided.
New Role For Nonparties In Tort Actions-The Empty Chair, Reed D. Benson
New Role For Nonparties In Tort Actions-The Empty Chair, Reed D. Benson
Faculty Scholarship
In courtroom drama, the spotlight rarely falls on an empty chair. That may change, due to a new Colorado statute allowing factfinders to consider the negligence or fault of nonparties in tort actions. The new statute may not give nonparties starring roles in every trial, but it will certainly thicken the plot.
On The 'Usefulness' Of Suspect Classifications, James W. Ellis
On The 'Usefulness' Of Suspect Classifications, James W. Ellis
Faculty Scholarship
Reviewing discrimination in legal decisions.
The Consequences Of The Insanity Defense: Proposals To Reform Post-Acquittal Commitment Laws, James W. Ellis
The Consequences Of The Insanity Defense: Proposals To Reform Post-Acquittal Commitment Laws, James W. Ellis
Faculty Scholarship
There are sound public policy reasons for considering a reform of state laws concerning commitment of insanity acquittees. A balanced system of special commitment can protect the public safety and, at the same time, give acquittees a fair hearing on their current mental condition and continuing need for confinement. Special commitment can also insulate general commitment laws from political pressures that can arise from the prospect of the possible release of notorious insanity acquittees. Several of the recently proposed model reforms, however, have features that commend them to the attention of state legislators. The Oregon model of using a Psychiatric …
Non-Determinative Discrimination, Mixed Motives, And The Inner Boundary Of Discrimination Law, Sam Stonefield
Non-Determinative Discrimination, Mixed Motives, And The Inner Boundary Of Discrimination Law, Sam Stonefield
Faculty Scholarship
This Article describes a form of discrimination – called non-determinative discrimination – that involves types of conduct that are not covered by current doctrine but that should be protected in order to serve the purposes of the laws against discrimination. It addresses the issue of mixed-motive discrimination and anticipates (and provides a framework for) the hostile environment claims of the 1990s.
Some Reflections On Gramm-Rudman-Hollings, Gordon G. Young
Some Reflections On Gramm-Rudman-Hollings, Gordon G. Young
Faculty Scholarship
No abstract provided.
"Tastes Great, Less Filling": The Law School Clinic And Political Critique, Robert J. Condlin
"Tastes Great, Less Filling": The Law School Clinic And Political Critique, Robert J. Condlin
Faculty Scholarship
No abstract provided.
The Forgotten Era, David S. Bogen
A Call For Uniformity, Susan P. Leviton
Book Review: The Constitution In The Supreme Court: The First Hundred Years, 1789-1888., David S. Bogen
Book Review: The Constitution In The Supreme Court: The First Hundred Years, 1789-1888., David S. Bogen
Faculty Scholarship
No abstract provided.
Constitutional Limitations On Prosecutorial Discovery, Edward A. Tomlinson
Constitutional Limitations On Prosecutorial Discovery, Edward A. Tomlinson
Faculty Scholarship
The prosecution has a legitimate interest in discovering all relevant facts to present the strongest possible case at trial and to meet the defendant's case. Despite that interest, in most jurisdictions the prosecution may discover only the evidence which the defendant intends to present at trial. Even such limited discovery has been the subject of sharp constitutional attack. The author argues that far broader prosecutorial discovery is constitutionally permissible. The prosecution should be able to discover all relevant facts useful in testing defense evidence and any documents or tangible things (for example, the murder weapon) which strengthen the prosecution's case …
The Motion In Limine:Trial Without Jury - A Government's Weapon Against The Sanctuary Movement, Douglas L. Colbert
The Motion In Limine:Trial Without Jury - A Government's Weapon Against The Sanctuary Movement, Douglas L. Colbert
Faculty Scholarship
No abstract provided.
The Fault With Comparative Fault: The Problem Of Individual Comparisons In A Modified Comparative Fault Jurisdiction, Michael K. Steenson
The Fault With Comparative Fault: The Problem Of Individual Comparisons In A Modified Comparative Fault Jurisdiction, Michael K. Steenson
Faculty Scholarship
Minnesota courts have interpreted the Minnesota Comparative Fault statute as requiring comparison of a plaintiff's negligence with the individual negligence of each defendant. Exceptions to this rule involve joint venture cases. This Article examines the individual comparison rule and explores an alternative rule which provides for a comparison of the plaintiff's negligence with the aggregate negligence of the defendants.
An Offer She Can’T Refuse: When Fundamental Rights And Conditions On Government Benefits Collide, Marie Failinger
An Offer She Can’T Refuse: When Fundamental Rights And Conditions On Government Benefits Collide, Marie Failinger
Faculty Scholarship
This article criticizes the Maher/Harris conditions doctrine on two levels. At the first level, it suggests that the Maher/Harris doctrine cannot justify the Court’s decisions to uphold government withdrawals of funding from rights-exercises. At the second level, after exposing and contrasting the definitional presuppositions of the Court in Maher and Harris with previous cases, the article suggests that the Maher/Harris doctrine is a failure because it uses utterly inadequate rights theory to resolve emerging issues of conflicting human need and conscience, issues which are mediated by government action. The author creates a space for a discussion of a new framework …
Legislative Oversight Of Administrative Agencies In Minnesota, J. David Prince
Legislative Oversight Of Administrative Agencies In Minnesota, J. David Prince
Faculty Scholarship
Due to the expanding role of agencies within the Executive branch at both the state and federal level, legislatures are struggling to fulfill their obligation to hold agencies accountable and to modify legislative mandates when necessary. In order for the legislature to fulfill this obligation, it must have the capability to exercise policy formation and oversight goals. This Article will first examine the need for legislative oversight and the legislative oversight mechanism in Minnesota. Next, the Article discusses the legislative controls currently being used at the federal and state level. Executive control mechanisms and their possible use by a legislature …
The Interpretation Of Means Expressions During Prosecution, R. Carl Moy
The Interpretation Of Means Expressions During Prosecution, R. Carl Moy
Faculty Scholarship
This article briefly explains how the scope of a claim including a means expression is determined both under the PTO view and a strict application of the statutory language. The lack of consensus and current state of the law in the area are illustrated through an analysis of several recent decisions of the Federal Circuit. The policies underlying the PTO and statutory methods of interpreting means expressions during prosecution are examined in an effort to demonstrate that the statutory method more effectively furthers the policies underlying the patent system.
Toward A Functional Approach For Managing Complex Litigation, Francis Mcgovern
Toward A Functional Approach For Managing Complex Litigation, Francis Mcgovern
Faculty Scholarship
No abstract provided.
Crime Talk, Rights Talk, And Double-Talk: Thoughts On Reading Encyclopedia Of Crime And Justice (Review Essay), Michael E. Tigar
Crime Talk, Rights Talk, And Double-Talk: Thoughts On Reading Encyclopedia Of Crime And Justice (Review Essay), Michael E. Tigar
Faculty Scholarship
No abstract provided.
Reaching The Limits Of Traditional Constitutional Scholarship (Book Review), H. Jefferson Powell
Reaching The Limits Of Traditional Constitutional Scholarship (Book Review), H. Jefferson Powell
Faculty Scholarship
Reviewing Laurence H. Tribe, Constitutional Choices (1985)