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Full-Text Articles in Law
At The End Of Palsgraf, There Is Chaos: An Assessment Of Proximate Cause In Light Of Chaos Theory, Edward S. Adams, Gordon B. Brumwell, James A. Glazier
At The End Of Palsgraf, There Is Chaos: An Assessment Of Proximate Cause In Light Of Chaos Theory, Edward S. Adams, Gordon B. Brumwell, James A. Glazier
Articles
Palsgraf articulated the doctrine of proximate cause, necessary to prove the tort of negligence. Palsgraf needs to be reexamined in light of today's understanding of cause and effect. The case concerned a woman (Mrs. Palsgraf) standing on a train platform who was injured by a roof tile that fell as the result of the vibrations caused by the explosion of another passenger's package. Mrs. Palsgraf sued the railway for negligence and prevailed at the trial court level. The New York Court of Appeals reversed the trial court, however, holding that the railway company's actions were not the proximate cause of …
Constructing A Jury That Is Both Impartial And Representative: Utilizing Cumulative Voting In Jury Selection, Edward S. Adams, Christian J. Lane
Constructing A Jury That Is Both Impartial And Representative: Utilizing Cumulative Voting In Jury Selection, Edward S. Adams, Christian J. Lane
Articles
One of the main and ongoing problems plaguing the American jury system has been ensuring that juries in civil and criminal trials are truly representative of the communities in which they serve. Historically, minorities have been disproportionately excluded from jury service. This shortfall results from a combination of factors at each stage of the juror identification process. At the jury pool stage, juror notification methods often fail to identify or reach minorities for tie simple reason that minorities generally are poorer and more transient. At the venire stage, those minorities who actually receive notification report to the courthouse at a …
Committed Partners And Inheritance: An Empirical Study, Mary Louise Fellows, Monica Kirkpatrick Johnson, Amy Chiericozzi, Ann Hale, Christopher Lee, Robin Preble, Michael Voran
Committed Partners And Inheritance: An Empirical Study, Mary Louise Fellows, Monica Kirkpatrick Johnson, Amy Chiericozzi, Ann Hale, Christopher Lee, Robin Preble, Michael Voran
Articles
There is widespread recognition that U.S. households have changed dramatically in the latter half of the twentieth century. 1 The changes include an increased number of blended families, 2 single-parent households, 3 and unmarried same-sex and opposite-sex committed couples, including some with children. 4 The transformation taking place in U.S. households implicates property law and vice versa. In recognition of the changing U.S. household and the symbiotic relationship between wealth transmission and family, we undertook an empirical study designed to assess public attitudes about the inclusion of surviving committed partners as heirs. This Article reports our findings.
Diversity Deferred, Joan Howland
Diversity Deferred, Joan Howland
Articles
"Serendipity" is the first five-syllable word I could either pronounce or comprehend. The addition of this word to my vocabulary at the age of ten was not the result of any intellectual prowess on my part, but rather the fortuitous consequence of having two bright, multitalented, highly competitive, older siblings. Since preschool age, as is often the torturous plight of the youngest child in a family, I was forever being cast in the role of a practice audience for speeches, debate competitions, poetry recitations, talent contests, mock interviews, and cheerleader tryouts. Although I complained bitterly, this was actually relatively light …
Youth Violence In America, Mark H. Moore, Michael Tonry
Youth Violence In America, Mark H. Moore, Michael Tonry
Articles
No abstract provided.
Intermediate Sanctions In Sentencing Guidelines, Michael Tonry
Intermediate Sanctions In Sentencing Guidelines, Michael Tonry
Articles
No abstract provided.
Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard Frase
Articles
No abstract provided.
Rocking The Tax Code: A Case Study Of Employment-Related Child-Care Expenditures, Mary Louise Fellows
Rocking The Tax Code: A Case Study Of Employment-Related Child-Care Expenditures, Mary Louise Fellows
Articles
No abstract provided.
Demystifying Federal Labor And Employment Law Preemption, Stephen F. Befort
Demystifying Federal Labor And Employment Law Preemption, Stephen F. Befort
Articles
Federal preemption is an increasingly important area of expertise for labor and employment lawyers. As the sheer volume of laws and cases governing the workplace continues to multiply, so does the need to accommodate the respective spheres of federal and state regulation. For both employee and employer representatives, an understanding of federal preemption law is crucial for navigating the current maze of multiple claims and forums.
The Stein Years--A Time Of Advancement And Prosperity, Edward S. Adams
The Stein Years--A Time Of Advancement And Prosperity, Edward S. Adams
Articles
When the seven-year administrationof the school's sixth dean,CarlA Auerbach,ended,thenewLawSchoolbuildinghad become a reality, and Dean Auerbach's principal goal was achieved. As Auerbachpassedthe torchto RobertA Stein, how- ever, he did so amid controversy and widespreadfrustration at the Law School with the legislatureregardingbudgets and class size. Stein,atageforty,wasyoung,energetic,andableto achieve the balanceofwhatDeanAuerbach termed "scholarlyattainment with administrativesavvy." As Stein ascended to the ranks of what he describedas "thebest law school deanshipopportunity in the country,"' he was unanimously viewed as an "extremely ener- getic, enthusiasticand responsive man. 2 Chosen because he was perceived by both faculty members and administratorsalike as an open, easygoingperson who was able to …
Law Firms On The Big Board?: A Proposal For Nonlawyer Investment In Law Firms, Edward S. Adams, John H. Matheson
Law Firms On The Big Board?: A Proposal For Nonlawyer Investment In Law Firms, Edward S. Adams, John H. Matheson
Articles
Every state has a rule proscribing nonlawyer investment in law firms. This sixty-plus-year-old prohibition has created an inefficient legal services market. Firms cannot access capital markets, limiting their opportunities for expansion, curtailing investments in technology and training, and hindering competition. Furthermore, every jurisdiction except the District of Columbia prohibits lawyers from entering into a business association with nonlawyers as partners or directors if the business provides legal services. These prohibitions against nonlawyer investment and participation in law firms have long hindered the legal profession with no signs of change. This Article advocates that these prohibitions be lifted. It discusses the …
Employee Beware: The Irreparable Damage Of The Inevitable Disclosure Doctrine, John H. Matheson
Employee Beware: The Irreparable Damage Of The Inevitable Disclosure Doctrine, John H. Matheson
Articles
For most of us, employment is our most significant consumer activity. People shop for employment just as they shop for goods and services. Generally, the at-will employment doctrine gives workers the freedom to leave one company for another whenever they determine that the alternative employer is offering the worker (a “consumer” of employment opportunities) a more attractive employment package or opportunity. Workers compare wage rates, benefits, skills required, and restrictions in determining which job package to “purchase” with their labor. As a society we also recognize employment as a consumer activity. Consumer protection laws regulate workplace safety and health conditions, …
Third-Party Defenses To Mortgages, Ann Burkhart
Third-Party Defenses To Mortgages, Ann Burkhart
Articles
When the holder of a note and mortgage 1 asserts its rights, well-established law delineates what defenses are available to those who are liable for the debt. However, in some cases a person who is not liable for the debt-a "third party" to the loan transaction-may have a defense against the holder's action. Although the third party is not liable for the debt, it may have an interest in the mortgaged land or in the mortgage itself. Unfortunately, the law is not nearly as clear in this situation. The confusion arises in large part because the laws concerning notes and …
An Analysis Of The Forty-Ninth Session Of The United Nations Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Shinobu Garrigues, Roman Kroke
An Analysis Of The Forty-Ninth Session Of The United Nations Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Shinobu Garrigues, Roman Kroke
Articles
The United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities convened its 49th Session from August 4 through August 29, 1997, in Geneva, Switzerland. 1 Under the authority of the U.N. Charter, the Economic and Social Council (ECOSOC) established the Sub-Commission in 1947 as a subsidiary body of the Commission on Human Rights. 2 ECOSOC also created two other sub-commissions at the same time, one to focus on women's rights 3 and the other to deal with freedom of information and freedom of the press. 4 The original mandate of the Sub-Commission was to recommend standards in pursuit …
Brief Summary Of The 50th Session Of The United Nations Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Mayra Gomez, Bret Thiele
Brief Summary Of The 50th Session Of The United Nations Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Mayra Gomez, Bret Thiele
Articles
The United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities (Sub-Commission) met in Geneva, Switzerland, from 3 to 28 August 1998 for its fiftieth session.' The Sub-Commission is a subsidiary body of the Commission on Human Rights (Commission). It is composed of 26 members who are nominated by their respective governments and elected to staggered four-year terms by the Commission. Under the principle of geographic distribution, the Sub-Commission has seven members from Africa, five from Latin America, five from Asia, three from Eastern Europe, and six from Western Europe and Other (including Australia, Canada, New Zealand, and the …
A Feminist Interpretation Of The Law Of Legitimacy, Mary Louise Fellows
A Feminist Interpretation Of The Law Of Legitimacy, Mary Louise Fellows
Articles
I am actually going to continue Professor Ead's discussion on procreation and think about it in a slightly different way. As an inheritance law scholar, the definition of the parent-child relationship has obvious importance to me because it determines who is an heir. As a feminist scholar, the definition is also significant to me because the legal rules regarding the parent-child relationship provide a unique perspective on the dialectical link between property and family.
Juvenile And Criminal Justice Systems' Responses To Youth Violence, Barry C. Feld
Juvenile And Criminal Justice Systems' Responses To Youth Violence, Barry C. Feld
Articles
Within the past decade, nearly every state has amended its juvenile code in response to perceived increases in serious, persistent, and violent youth crime. These changes diminish the jurisdiction of juvenile courts as judicial decisions and statutory changes transfer more youths from juvenile courts to criminal courts so that young offenders can be sentenced as adults. Amendments to juvenile sentencing laws increase the punitiveness of sanctions available to juvenile court judges. Other strategies attempt to "blend," or merge, juvenile and criminal court jurisdiction and sentencing authority over violent young offenders. These "get tough" policies affect the numbers and types of …
The Race To Innocence: Confronting Hierarchical Relations Among Women, Mary Louise Fellows, Sherene Razack
The Race To Innocence: Confronting Hierarchical Relations Among Women, Mary Louise Fellows, Sherene Razack
Articles
No abstract provided.