Law Commons^™

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

Faculty Scholarship

No abstract provided.

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

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

Faculty Scholarship

No abstract provided.

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 …

Assessment Of Shelf Registration: How Much Diligence Is Due Investors?, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

No abstract provided.

Rising Above Principle, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

The Case For Parallel Importation, Rory K. Little, Jamie S. Gorelick

Faculty Scholarship

No abstract provided.

Nix V. Whiteside: The Lawyer's Role In Response To Perjury, James R. Mccall

Faculty Scholarship

No abstract provided.

Sanctions Under Amended Federal Rule 11–Some "Chilling" Problems In The Struggle Between Compensation And Punishment, Melissa Lee Nelken

Faculty Scholarship

No abstract provided.

The Bad Faith-Harassment Exception To The Younger Doctrine: Exploring The Empty Universe, C. Keith Wingate

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

No abstract provided.

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

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

Faculty Scholarship

Reviewing discrimination in legal decisions.

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

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

Faculty Scholarship

No abstract provided.

"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

Faculty Scholarship

No abstract provided.

A Call For Uniformity, Susan P. Leviton

Faculty Scholarship

No abstract provided.

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

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

Faculty Scholarship

No abstract provided.

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.

What Disabilities Are Protected Under The Rehabilitation Act Of 1973?, David Larson

Faculty Scholarship

It can be difficult for an employer or a recipient of federal funds to determine exactly what types of disabilities are protected by the Rehabilitation Act of 1973. Relevant literature has not given a great deal of attention to this specific question. Recent cases, however, provide additional information that can assist in determining which disabilities are protected. The question of what is protected handicap differs from the question of whether a handicapped person is also “qualified.” This article focuses on the threshold question of determining whether a handicap actually exists, concentrating on the Rehabilitation Act of 1973. The definition of …