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Full-Text Articles in Law
Privacy Rights And Remedies, Jonathan L. Entin
Privacy Rights And Remedies, Jonathan L. Entin
Faculty Publications
No abstract provided.
Rules Of Evidence Amendments, Paul C. Giannelli
Rules Of Evidence Amendments, Paul C. Giannelli
Faculty Publications
No abstract provided.
Congress, The President, And The Separation Of Powers: Rethinking The Value Of Litigation, Jonathan L. Entin
Congress, The President, And The Separation Of Powers: Rethinking The Value Of Litigation, Jonathan L. Entin
Faculty Publications
No abstract provided.
Best Evidence Rule, Paul C. Giannelli
The Oregon Medicaid Program: Is It Just?, Maxwell J. Mehlman
The Oregon Medicaid Program: Is It Just?, Maxwell J. Mehlman
Faculty Publications
While the objective of expanding the Oregon Medicaid program is commendable, the means adopted by the Oregon legislature to control the costs of the expansion are problematic. This paper examines the legislature's approach from a legal perspective. The first part of the paper determines whether it is consistent with federal and state law governing the Medicaid program. Oregon is seeking waivers from any conflicting federal requirements, and since there do not appear to be any constitutional impediments, the key question is whether the waivers should be granted as a matter of sound public policy. The second and third parts of …
Hear No Evil, See No Evil: On Professor Nesson's Claims About Evidence Suppression, Dale A. Nance
Hear No Evil, See No Evil: On Professor Nesson's Claims About Evidence Suppression, Dale A. Nance
Faculty Publications
Response to Professor Nesson's presentaiton at the Decision and Interference Litigation symposium, New York, New York, 1991.
Missing Evidence, Dale A. Nance
Missing Evidence, Dale A. Nance
Faculty Publications
Given the nature of my enterprise, I resist stating a specific thesis. Nevertheless, for the reader who wants an organizing or motivating principle, I offer the following two recurrent themes. First, I want to examine the relationship of traditional admissibility rules to the problem of missing evidence and to other forms of juridical response to that problem. The reason for this interest will be explained in the next section. Second, I want to investigate, as we proceed, the extent to which the regulation of proof, evidence law broadly conceived, is instrumentally related to accuracy or truth seeking, and the extent …
Authentication, Paul C. Giannelli
Dna Evidence, Paul C. Giannelli
Limited Liability In Environmental Law, George W. Dent
Limited Liability In Environmental Law, George W. Dent
Faculty Publications
The social importance and immense costs of pollution make environmental law an ideal arena for reconsidering theories of limited liability for tort. This article examines the question in the context of the Comprehensive Environmental Response, Compensation, and Liability Act (CER-CLA).1 Part I reviews the text and legislative history of the Act. Part II analyzes the CERCLA case law on the liability of controlling persons, especially those involving parent corporations. Part III discusses the general theory of limited liability and its exceptions. Part IV applies this general theory to CERCLA and finds that its special features call for distinctive approaches. Part …
Gunshot Residue Tests, Paul C. Giannelli