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Faculty Scholarship

1987

Discipline
Institution
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Articles 1 - 30 of 125

Full-Text Articles in Law

The Index To Legal Periodicals On Cd-Rom, Wilsondisc, Marsha Baum Nov 1987

The Index To Legal Periodicals On Cd-Rom, Wilsondisc, Marsha Baum

Faculty Scholarship

About the Index to Legal Periodicals functionality now that it is on CD.


An Examination Of Real Estate Purchase Options, Ronald B. Brown Oct 1987

An Examination Of Real Estate Purchase Options, Ronald B. Brown

Faculty Scholarship

No abstract provided.


Economists As Judges: A Selective, Annotated Bibliography, Janet Sinder Oct 1987

Economists As Judges: A Selective, Annotated Bibliography, Janet Sinder

Faculty Scholarship

No abstract provided.


Qualitative Standards For 'Qualified Securities': Sec Regulation Of Voting Rights, Roberta S. Karmel Jul 1987

Qualitative Standards For 'Qualified Securities': Sec Regulation Of Voting Rights, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


The Independent Corporate Board: A Means To What End?, Roberta S. Karmel May 1987

The Independent Corporate Board: A Means To What End?, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


Medical And Psychotherapy Privileges And Confidentiality: On Giving With One Hand And Removing With The Other, Steven R. Smith Jan 1987

Medical And Psychotherapy Privileges And Confidentiality: On Giving With One Hand And Removing With The Other, Steven R. Smith

Faculty Scholarship

This Article reviews both the giving and the taking away: the protections afforded to confidentiality by privileges and legal duties, and the way those protections are eroded. The duties of professionals and others to maintain confidences are noted, but testimonial privileges are emphasized. This Article proposes reforms in the way we try to protect confidentiality and suggests that the protection of therapy confidences be dealt with as a coherent whole (privileges and obligations of confidentiality should be dealt with together). Exceptions to privileges should be reduced and narrowed, and federal law should recognize the desirability of a consistent approach to ...


Insurance Law: Public Policy Permits Insuring Against One's Own Intentional Acts Of Discrimination, Daniel B. Yeager Jan 1987

Insurance Law: Public Policy Permits Insuring Against One's Own Intentional Acts Of Discrimination, Daniel B. Yeager

Faculty Scholarship

No abstract provided.


Masking Copyright Decisionmaking: The Meaninglessness Of Substantial Similarity, Amy B. Cohen Jan 1987

Masking Copyright Decisionmaking: The Meaninglessness Of Substantial Similarity, Amy B. Cohen

Faculty Scholarship

Traditionally courts have place great weight on the issue of substantial similarity in adjudicating copyright infringement lawsuits. Once success is proven, a court will usually find infringement if the works are viscerally determined to be substantially similar. This Article criticizes the traditional approach as failing adequately to distinguish copying from misappropriation, failing adequately to distinguish ideas from expression, failing to provide adequate guidelines for determining misappropriation, and as overlapping with fair use determinations. The Article also criticizes variations on the traditional approach imposed by the Third and Ninth Circuit Courts of Appeal as not remedying the traditional approach's fundamental ...


Disestablished Religion In Pennsylvania And Kentucky: A Study In Constitutional Interpretation, Kenneth S. Gallant Jan 1987

Disestablished Religion In Pennsylvania And Kentucky: A Study In Constitutional Interpretation, Kenneth S. Gallant

Faculty Scholarship

No abstract provided.


Is The Fourth Amendment Obsolete?–Restating The Fourth Amendment In Functional Terms, John M.A. Dipippa Jan 1987

Is The Fourth Amendment Obsolete?–Restating The Fourth Amendment In Functional Terms, John M.A. Dipippa

Faculty Scholarship

No abstract provided.


Book Review, George C. Christie Jan 1987

Book Review, George C. Christie

Faculty Scholarship

Reviewing Laura Kalman, Legal Realism at Yale 1927-60 (1986)


Birth Stress And Lateral Preferences, Deborah W. Denno Jan 1987

Birth Stress And Lateral Preferences, Deborah W. Denno

Faculty Scholarship

No abstract provided.


Gray Market Goods: A Lighter Shade Of Black Symposium: The Controversy Over The Importation Of Gray Market Goods: Is A Resolution Forthcoming, Hugh C. Hansen Jan 1987

Gray Market Goods: A Lighter Shade Of Black Symposium: The Controversy Over The Importation Of Gray Market Goods: Is A Resolution Forthcoming, Hugh C. Hansen

Faculty Scholarship

If a street vendor offers a famous brand-name product for a substantially lower price than one would expect, the average consumer's initial reaction might be that the product had been stolen or was "hot" - a product of the black market. While such discounted goods might indeed be stolen, sophisticated consumers have come to expect similar discounts in stores and mail-order houses throughout the country on goods not from the black market but rather from the "gray market." These products, naturally enough, are called "gray market goods" or simply "gray goods." Gray goods are brand-name products manufactured abroad which bear ...


Democracy, Autonomy, And Values: Some Thoughts On Religion And Law In Modern America, Frederick Mark Gedicks, Roger Hendrix Jan 1987

Democracy, Autonomy, And Values: Some Thoughts On Religion And Law In Modern America, Frederick Mark Gedicks, Roger Hendrix

Faculty Scholarship

No abstract provided.


On Sugarman On Tort-Chopping, Oscar S. Gray Jan 1987

On Sugarman On Tort-Chopping, Oscar S. Gray

Faculty Scholarship

No abstract provided.


Common Law Remedies Of Employees Injured By Employer Use Of Polygraph Testing, Deborah J. Weimer Jan 1987

Common Law Remedies Of Employees Injured By Employer Use Of Polygraph Testing, Deborah J. Weimer

Faculty Scholarship

No abstract provided.


State Constitutions, Freedom Of Expression, And Search And Seizure: Prospects For State Court Reincarnation, Sue Davis, Taunya Lovell Banks Jan 1987

State Constitutions, Freedom Of Expression, And Search And Seizure: Prospects For State Court Reincarnation, Sue Davis, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.


The Right To Medical Treatment, Taunya Lovell Banks Jan 1987

The Right To Medical Treatment, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.


The Passive Activity Loss Rules: Planning Considerations, Techniques, And A Foray Into Never-Never Land, Daniel S. Goldberg Jan 1987

The Passive Activity Loss Rules: Planning Considerations, Techniques, And A Foray Into Never-Never Land, Daniel S. Goldberg

Faculty Scholarship

No abstract provided.


Rush To Judgment: Hiv Test Reliability And Screening, Taunya Lovell Banks, Roger R. Mcfadden Jan 1987

Rush To Judgment: Hiv Test Reliability And Screening, Taunya Lovell Banks, Roger R. Mcfadden

Faculty Scholarship

No abstract provided.


Giving Credit Where Credit Is Due: The Role Of The Noneconomic Contribution Of The Physical Custodian In Establishing Child Support, Karen Czapanskiy Jan 1987

Giving Credit Where Credit Is Due: The Role Of The Noneconomic Contribution Of The Physical Custodian In Establishing Child Support, Karen Czapanskiy

Faculty Scholarship

No abstract provided.


The Privileges And Immunities Clause Of Article Iv, David S. Bogen Jan 1987

The Privileges And Immunities Clause Of Article Iv, David S. Bogen

Faculty Scholarship

No abstract provided.


Pyrrhic Victory: Daniel Goldman's Defeat Of Zoning In The Maryland Court Of Appeals, Garrett Power Jan 1987

Pyrrhic Victory: Daniel Goldman's Defeat Of Zoning In The Maryland Court Of Appeals, Garrett Power

Faculty Scholarship

Nowadays government regulation of the use of urban land is taken for granted. Such was not always the case. Some sixty years ago, the Maryland Court of Appeals held it unconstitutional for Zoning Commissioner J. Frank Crowther to deny a request for a permit to operate a tailor shop in the basement of a Eutaw Place home. This paper examines the case of Goldman v. Crowther. Goldman's story reads like a comic melodrama with a tragic ending. But the saga also illuminates the social condition - it sheds light and casts shadows on the practice of xenophobia, the nature of ...


Counsel For The Accused: Metamorphosis In Spanish Constitutional Rights, Henry Mcgee Jan 1987

Counsel For The Accused: Metamorphosis In Spanish Constitutional Rights, Henry Mcgee

Faculty Scholarship

The article begins with a discussion of the social and political background that influenced the emergence of the constitutionally guaranteed right to counsel in Spanish law. Next, it traces the constitutional development and legislative refinements of the right to counsel. It then considers judicial refinements of that right. The article concludes with a comparison of the Spanish process of articulating the right to counsel with the parallel process in the United States and what such differences bode for U.S. scholars.


Determining Customary International Law Relative To The Conduct Of Hostilities In Non-International Armed Conflicts, James E. Bond, William J. Fenrick, Hans-Peter Gasser, Waldemar A. Solf Jan 1987

Determining Customary International Law Relative To The Conduct Of Hostilities In Non-International Armed Conflicts, James E. Bond, William J. Fenrick, Hans-Peter Gasser, Waldemar A. Solf

Faculty Scholarship

In 1987, the 6th annual American Red Cross-Washington College of Law Conference on International Humanitarian Law convened to discuss the 1977 Protocols Additional to the 1949 Geneva Conventions. This article outlines the proceedings of the various workshops, serving as a richly detailed scholarly source for a significant historical event.


Child Welfare Decisionmaking: In Search Of The Least Drastic Alternative, Marsha Garrison Jan 1987

Child Welfare Decisionmaking: In Search Of The Least Drastic Alternative, Marsha Garrison

Faculty Scholarship

No abstract provided.


Conceptualizing Proof And Calculating Probabilities: A Response To Professor Kaye, Neil B. Cohen Jan 1987

Conceptualizing Proof And Calculating Probabilities: A Response To Professor Kaye, Neil B. Cohen

Faculty Scholarship

No abstract provided.


Rethinking The Teaching Of Civil Procedure, Elizabeth M. Schneider Jan 1987

Rethinking The Teaching Of Civil Procedure, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.


Blue-Sky Merit Regulation: Benefit To Investors Or Burden On Commerce?, Roberta S. Karmel Jan 1987

Blue-Sky Merit Regulation: Benefit To Investors Or Burden On Commerce?, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


Permissive Affirmative Action For The Benefit Of Blacks, Geoffrey C. Hazard Jr. Jan 1987

Permissive Affirmative Action For The Benefit Of Blacks, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.