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Articles 208531 - 208560 of 294529
Full-Text Articles in Law
Death Of Conflicts, Mary Jane Morrison
Involuntary Civil Commitment Of The Mentally Ill: A System In Need Of Change, John E. B. Myers
Involuntary Civil Commitment Of The Mentally Ill: A System In Need Of Change, John E. B. Myers
Villanova Law Review
No abstract provided.
Constitutional Law - First Amendment - A Statute That Permits A Tax Deduction For Public As Well As Nonpublic School Tuition And Related Expenses Does Not Violate The Establishment Clause Of The First Amendment, J. Edward Goff
Villanova Law Review
No abstract provided.
Torts - Accountants' Liability - An Independent Auditor Who Furnishes A Financial Statement Owes A Duty To All Those Whom The Auditor Should Reasonably Foresee As Recipients Of That Opinion, One Who Is Not In Privity With The Auditor But Who Relies On Such Statements May Recover In Negligence, Benjamin A. Post
Villanova Law Review
No abstract provided.
Ethical And Legal Concerns In Compelling The Waiver Of Attorney's Fees By Civil Rights Litigants In Exchange For Favorable Settlement Of Cases Under The Civil Rights Attorney's Fees Awards Act Of 1976, James Kraus
Villanova Law Review
No abstract provided.
Editor's Preface, Tracy M. Blake
Judges Of The Court/Table Of Cases, Various Editors
Judges Of The Court/Table Of Cases, Various Editors
Villanova Law Review
No abstract provided.
Antitrust - Illinois Brick Rule Requires Dismissal Of Private Antitrust Action By Indirect Purchasers Despite Allegation Of Injury As Direct Target Of Anticompetitive Conspiracy, Gregory J. Boles
Villanova Law Review
No abstract provided.
Copyright - Copyright Act Of 1976 - Operating System Computer Programs Expressed In Object Code And Stored On Rom Are Copyrightable, Janet E. Fisher
Copyright - Copyright Act Of 1976 - Operating System Computer Programs Expressed In Object Code And Stored On Rom Are Copyrightable, Janet E. Fisher
Villanova Law Review
No abstract provided.
Labor Law - Concerted Activities Under Section 7 Of The National Labor Relations Act - A Nonunion Employee Has A Right To The Presence Of A Co-Worker Witness At An Investigatory Interview Where The Employee Reasonably Believes That Discipline Will Result, Scott R. Thistle
Villanova Law Review
No abstract provided.
Supplements To Trial: A Court Administrator's View, Paul Nejelski
Supplements To Trial: A Court Administrator's View, Paul Nejelski
Villanova Law Review
No abstract provided.
The Negotiations Alternative In Dispute Resolution, John T. Dunlop
The Negotiations Alternative In Dispute Resolution, John T. Dunlop
Villanova Law Review
No abstract provided.
Philadelphia's Compulsory Arbitration Program, Ethan Allen Doty
Philadelphia's Compulsory Arbitration Program, Ethan Allen Doty
Villanova Law Review
No abstract provided.
The New Wave: Speedy Arbitration Hearings - But Are They Fair, Angela M. Cerino, Sebastian M. Rainone
The New Wave: Speedy Arbitration Hearings - But Are They Fair, Angela M. Cerino, Sebastian M. Rainone
Villanova Law Review
No abstract provided.
Franchising In Texas., Mark H. Miller
The Emergence Of Punitive Damages In Product Liability Actions: A Further Assault On The Citadel., James B. Sales
The Emergence Of Punitive Damages In Product Liability Actions: A Further Assault On The Citadel., James B. Sales
St. Mary's Law Journal
Abstract Forthcoming.
The Revised Texas Usury Ceilings - A New Alice In Wonderland., Frank A. St. Claire, Sara Greenwood Hogan
The Revised Texas Usury Ceilings - A New Alice In Wonderland., Frank A. St. Claire, Sara Greenwood Hogan
St. Mary's Law Journal
Abstract Forthcoming.
Constitutional Law - Presidential Immunity - The President Is Absolutely Immmune From Civil Damages Liability For Acts Done Within The Outer Perimeter Of His Official Capacity Symposium - Selected Topics On Constitutional Law - Case Note., Laura H. Burney
St. Mary's Law Journal
Abstract Forthcoming.
The Effective Assistance Of Counsel: Chance Or Guarantee?, Joanne Legano
The Effective Assistance Of Counsel: Chance Or Guarantee?, Joanne Legano
Fordham Urban Law Journal
This Comment reviews the historical development of the right to effective assistance of counsel for criminal defendants as defined by the Supreme Court, and discusses the various standards applied by lower federal courts. This Comment next examines United States v. Decoster, which provides the most comprehensive judicial analysis of the right to effective assistance of counsel at this juncture in time. The standards applied by the New York State courts are also analyzed. Finally, the author recommends uniform guidelines for evaluating claims of ineffective assistance of counsel.
The Negotiability Of Parity Agreements In Public Sector Collective Bargaining, Susan P. Kass
The Negotiability Of Parity Agreements In Public Sector Collective Bargaining, Susan P. Kass
Fordham Urban Law Journal
The City of Schenectady and City Fire Fighters Union, Local 28, which resulted in the first decision that parity clauses are not invalid per se, recognized that some parity clause arrangements can allow the employer and one or more unions to plan and execute long-range agreements; Two or more unions can agree among themselves that one union can implicate the others in a parity arrangement. This Note discusses the effect of on the negotiability of parity clauses in public sector employment contracts. The New York State "Taylor Law" governing public employees, and the New York courts' analysis of parity clauses …
Remarks Delivered At The Fordham-Stein Award Ceremony, William H. Webster
Remarks Delivered At The Fordham-Stein Award Ceremony, William H. Webster
Fordham Urban Law Journal
William H. Webster, Director, Federal Bureau of Investigation, delivered remarks upon presentation of the Fordham-Stein Award on October 28, 1982.
Preemption And State Anti-Redlining Regulations:, Marianne M. Jennings
Preemption And State Anti-Redlining Regulations:, Marianne M. Jennings
Fordham Urban Law Journal
This Article sets forth certain federal, state and municipal anti-redlining laws and discusses the conflicting decisions concerning the proper application of these laws. The need for clarification of federal and state roles in the anti-redlining field will eb set forth and recommendations for the most effective means by which to accomplish this goal are offered. Specifically, this Article asserts taht although federal legislation has preempted the area of disclosure procedures, federal financial institutions should be subject to state-enacted substantive anti-redlining laws.
Disenfranchisement Of The College Student Vote: When A Resident Is Not A Resident, Joseph A. Bollhofer
Disenfranchisement Of The College Student Vote: When A Resident Is Not A Resident, Joseph A. Bollhofer
Fordham Urban Law Journal
The standards used by state and local election officials to determine whether students may vote as residents of the communities in which they attend college vary significantly among the fifty states. Two fundamental rights conflict in determining whether college students should be entitled to vote as residents of their college communities: the right of students to equal protection of the laws and eh right of states to limit the right to vote to bona fide residents. This Comment demonstrates the need for the education of election officials and college students in the common law principles of domicile. Moreover, it will …
Municipal Liability For Requiring Unfit Police Officers To Carry Guns, Pamela A. Keating
Municipal Liability For Requiring Unfit Police Officers To Carry Guns, Pamela A. Keating
Fordham Urban Law Journal
The stress of police work is evidenced by high rates of suicide, marital problems, alcoholism, heart disease, and psychosomatic illnesses. Additionally, police are required to carry a gun while off duty. Given these stresses, there is often a heightened risk for unwarranted shootings. However, municipalities are not traditionally liable under respondeat superior for the actions of its police unless a victim was shot by a police officer in very limited set of circumstances. Therefore, few municipalities impose psychological screenings on its police force. This Note proposes that municipalities take greater initiative in monitoring the fitness of its police officers, and, …
New York City Zoning Resolution Section 12-10: A Third Phase In The Evolution Of Airspace Law, Terence Kennedy
New York City Zoning Resolution Section 12-10: A Third Phase In The Evolution Of Airspace Law, Terence Kennedy
Fordham Urban Law Journal
Originally, airspace was considered to be a form of land inseparable from the soil owned by the surface landowner. Over time, however, the law has allowed airspace to be severed from the soil, enabling the surface landowner to alienate the airspace while retaining title to the soil. New York City Zoning Resolution section 12-10 has advanced this modern notion by limiting buildable floorspace and permitting transfer of airspace. This Note details the history and uses of airspace, and proposes that the amended section of 12-10 both modernizes our stationary concept of real property and establishes airspace property interests as being …
Rediscovering The Individual In Federal Election Law, Susan H. Marren
Rediscovering The Individual In Federal Election Law, Susan H. Marren
Fordham Urban Law Journal
The importance of the federal electoral process has traditionally been viewed by Congress as creating the need for heavy regulation to insure its strength and vitality. However, the contribution limitations provisions of the Federal Election Campaign Act of 1971 (FECA) has a detrimental effect to the individual voter, forcing candidates to overlook individual citizens in favor of organizations with large fundraising capabilities. FECA was initially enacted to compel candidates to appeal to more individual voters, mainly by limiting contributions from either individual citizens or corporations. Yet, the Act also permits a corporation or labor organization to create a separate segregated …
The Phoenix Court, Howard T. Markey
The Phoenix Court, Howard T. Markey
Cleveland State Law Review
Like the famed Phoenix, the United States Court of Appeals for the Federal Circuit rose on October 1, 1982, from the ashes of two former courts. On that day, the 127 year old United States Court of Claims and the 73 year old United States Court of Customs and Patent Appeals went out of existence, leaving a history of outstanding contributions to the administration of justice. Though every federal court serves the role on numerous occasions, the Court of Appeals for the Federal Circuit should in a special way earn the title of "The Conscience of the Government." This article …
Patent Litigation Before The New Claims Court, Joseph V. Colaianni
Patent Litigation Before The New Claims Court, Joseph V. Colaianni
Cleveland State Law Review
The final chapter was written recently on the United States Court of Claims, a court which from its creation in 1855 had served as the nation's conscience. The existence of this court, which had served long and well in carrying out the task of a sovereign rendering justice against itself, along with the United States Court of Customs and Patent Appeals, was terminated on October 1, 1982, and replaced by the Court of Appeals for the Federal Circuit and the United States Claims Court. It is not the purpose of this paper to outline the history of the Court of …
Local Rules And Procedures Of The United States Court Of Appeals For The Federal Circuit, George E. Hutchinson, Ernest C. Baynard Iii
Local Rules And Procedures Of The United States Court Of Appeals For The Federal Circuit, George E. Hutchinson, Ernest C. Baynard Iii
Cleveland State Law Review
The Federal Courts Improvement Act of 1982 abolished the United States Court of Claims and the United States Court of Customs and Patent Appeals and created the United States Court of Appeals for the Federal Circuit (CAFC) and the United States Claims Court. The Act provided for an advisory committee to be appointed by the CAFC in order to study the proposed rules of practice and internal operating procedures of the court. The recommendations of the advisory committee were given considerable weight when the court promulgated the Rules of the United States Court of Appeals for the Federal Circuit (CAFC …
The Endless Debate: Refugees Law And Policy And The 1980 Refugee Act, Kenneth D. Brill
The Endless Debate: Refugees Law And Policy And The 1980 Refugee Act, Kenneth D. Brill
Cleveland State Law Review
Refugee policy and law have developed largely in an ad hoc manner, as the nation has responded to crises around the world with both altruism and political self-interest. Against the foreground of refugee and asylum claims by unfortunate individuals there has been an unending struggle among the three branches of the United States government to make the rules for handling these claims. Part II discusses the way refugee policy became a weapon in the Cold War and the formal abandonment of that approach with the adoption of the 1980 Refugee Act. Part III contains an analysis of the claims of …