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Articles 1 - 30 of 177
Full-Text Articles in Law
Book Review: The Aba Guide To Family Law: The Complete And Easy Guide To The Laws Of Marriage, Parenthood, Separation And Divorce, Judith G. Mcmullen
Book Review: The Aba Guide To Family Law: The Complete And Easy Guide To The Laws Of Marriage, Parenthood, Separation And Divorce, Judith G. Mcmullen
Faculty Publications
No abstract provided.
Restating Capitalization Standards And Rules: The Case For "Rough Justice" Regulations (Part Two), John W. Lee, Eldridge Blanton, Veena Luthra, Glenn Walberg, Darryl Whitesell
Restating Capitalization Standards And Rules: The Case For "Rough Justice" Regulations (Part Two), John W. Lee, Eldridge Blanton, Veena Luthra, Glenn Walberg, Darryl Whitesell
Faculty Publications
No abstract provided.
Fighting Bad Guys With International Trade Law, Raj Bhala
Fighting Bad Guys With International Trade Law, Raj Bhala
Faculty Publications
No abstract provided.
Lawyer Creeds And Moral Seismography, James E. Moliterno
Lawyer Creeds And Moral Seismography, James E. Moliterno
Faculty Publications
No abstract provided.
Law And Religion In Israel And Iran: How The Integration Of Secular And Spiritual Laws Affects Human Rights And The Potential For Violence, S. I. Strong
Faculty Publications
The first area of discussion is the structure of each government system. This analysis not only sets the legal framework for later analysis, but demonstrates how both Israel and Iran have brought religion into the very fabric of their legal institutions.The second area of analysis in Part II focuses on the principles of sovereignty and constitutional interpretation utilized by each State. Familiarity with these concepts is necessary in order to learn which religious principles, if any, are incorporated into each nation's general legal environment. These principles, which are implicitly understood by members of the society, are often unstated in judicial …
Lifestyles Of The Not-So-Rich Or Famous: The Role Of Choice And Sacrifice In Bankruptcy, A. Mechele Dickerson
Lifestyles Of The Not-So-Rich Or Famous: The Role Of Choice And Sacrifice In Bankruptcy, A. Mechele Dickerson
Faculty Publications
No abstract provided.
Where Are We Now?: Life After Electromation, Rafael Gely
Where Are We Now?: Life After Electromation, Rafael Gely
Faculty Publications
Given the expectations that preceded the Board's decisions, and the reactions that followed, it is somewhat surprising how little attention has been given to the decisions the NLRB has issued since Electromation and E.I. du Pont. While in general these recent decisions are consistent with the holdings in Electromation and E.I. du Pont, they provide us with the opportunity to analyze the manner in which the Board is currently dealing with the legality of workplace cooperative efforts. This article explores that issue. Part II of the article provides a brief overview of the workplace cooperative efforts problem. Part III reviews …
Courtroom Technology - An Introduction To The Onrushing Future, Fredric I. Lederer, Samuel H. Solomon
Courtroom Technology - An Introduction To The Onrushing Future, Fredric I. Lederer, Samuel H. Solomon
Faculty Publications
No abstract provided.
Law And The Wisconsin Idea, Erika Lietzan, Paul D. Carrington
Law And The Wisconsin Idea, Erika Lietzan, Paul D. Carrington
Faculty Publications
We recall a summer of contentment when American law was suffused with optimism, a season ending a long winter of despair and disorder. For the first fifteen years of this century, many (and perhaps most) American lawyers were filled with confidence that America had healed the wounds of civil war and was healing those of class struggle. We could, and we would, overcome all obstacles to peace and prosperity, not only for our people but for all mankind. This, it was widely believed, would be our century. As early as 1879 Daniel Coit Gilman, the premier educator of his time, …
Completing The Admissibility Equation, Richard C. Reuben
Completing The Admissibility Equation, Richard C. Reuben
Faculty Publications
Later this year, the U.S. Supreme Court will take up an evidence dispute from Georgia that promises to be one of the new term's most important nuts-and-bolts cases for litigators. General Electric Co. v. Joiner, no. 96-188, is expected to determine the standard of review that federal appellate courts must give to lower court decisions on the admissibility of scientific evidence. The Court's decision in Joiner promises to have an important effect on a broad range of cases in which causation often is a pivotal issue.
Moment Of Truth, Richard C. Reuben
Moment Of Truth, Richard C. Reuben
Faculty Publications
While the technical sophistication of today's polygraphs is far beyond the cathode-tube stuff of the 1920s, many lawyers and judges continue to view them as inherently unreliable and overly prejudicial. Their concern is that the procedure does not test whether a subject is telling the truth but measures physiological responses to questions- which may reveal much, but not necessarily the truth. But this fall, the U.S. Supreme Court will consider, in United States v. Scheffer, No. 96-1133, whether to finally lift the barrier to admissibility of polygraph evidence, at least in the federal courts, on grounds that it inhibits the …
How Will Lawyering And Mediation Practices Transform Each Other?, John M. Lande
How Will Lawyering And Mediation Practices Transform Each Other?, John M. Lande
Faculty Publications
This article sketches out some aspects of both lawyering and mediation practice that may be affected by development of a litimediation culture. Part II examines the growth of the private market for mediation and an accompanying specialization of mediation practice. These changes seem likely to require mediators to develop market niches with identifiable characteristics of their mediation practices. Simultaneously, lawyers, as regular buyers of mediation services, will be expected to recognize and make decisions based on significant distinctions between mediation providers.
Places In The Heartland: Departure Jurisprudence After Koon, Frank O. Bowman Iii
Places In The Heartland: Departure Jurisprudence After Koon, Frank O. Bowman Iii
Faculty Publications
There are two things upon which I suspect most observers will agree following the decision in Koon v. United States. First, the United States Supreme Court wants district courts to have more discretion to depart from the otherwise applicable guideline range, and wants appellate courts to have less authority to overturn those discretionary judgments. Second, in light of the conflicting signals the Court gave by, on the one hand, declaring that the standard of appellate review for departure decisions is to be abuse of discretion,” and on the other hand, finding that two of the five factors relied upon by …
The Culture Of Regulation, Rodney A. Smolla
The Culture Of Regulation, Rodney A. Smolla
Faculty Publications
No abstract provided.
How Should Repressed Memory Cases Be Handled?, Alan Scheflin
How Should Repressed Memory Cases Be Handled?, Alan Scheflin
Faculty Publications
No abstract provided.
Law Reform In Vietnam: The Uneven Legacy Of Doi Moi, Spencer Weber Waller, Lan Cao
Law Reform In Vietnam: The Uneven Legacy Of Doi Moi, Spencer Weber Waller, Lan Cao
Faculty Publications
No abstract provided.
Beginning The Endgame: The Search For An Injury Compensation System Alternative To Tort Liability For Tobacco-Related Harms, Paul A. Lebel
Beginning The Endgame: The Search For An Injury Compensation System Alternative To Tort Liability For Tobacco-Related Harms, Paul A. Lebel
Faculty Publications
No abstract provided.
In Search Of The Lost Chord: Reflections On The 1996 Item Veto Act, Neal Devins
In Search Of The Lost Chord: Reflections On The 1996 Item Veto Act, Neal Devins
Faculty Publications
No abstract provided.
Capitalizing And Depreciating Cyclical Aircraft Maintenance Costs: More-Trouble-Than-It's-Worth?, John W. Lee, Glenn Walberg, Darryl Whitesell
Capitalizing And Depreciating Cyclical Aircraft Maintenance Costs: More-Trouble-Than-It's-Worth?, John W. Lee, Glenn Walberg, Darryl Whitesell
Faculty Publications
No abstract provided.
Perspective On The Rand Report: The Dialogue Continues, Richard C. Reuben
Perspective On The Rand Report: The Dialogue Continues, Richard C. Reuben
Faculty Publications
This issue of Dispute Resolution Magazine focuses on the RAND Report, offering a wide variety of perspectives on the study and its significance. It begins with RAND's own summary of its methodology, findings, and preliminary conclusions.
Law And Economic Development: A New Beginning?, Lan Cao
Law And Economic Development: A New Beginning?, Lan Cao
Faculty Publications
No abstract provided.
The Insider Story, Richard C. Reuben
The Insider Story, Richard C. Reuben
Faculty Publications
The central issue in United States v. O'Hagan, No. 96-842, is the validity of the so-called "misappropriation theory" of insider trader liability under Section 10(b) of the Securities and Exchange Act of 1934. 15 US.C. 78(j)(b). The justices heard oral arguments in April. If the theory propounded by federal regulators is endorsed by the Court, it would expand insider trader liability under U.S. law.
Toward A Proper Test For Design Defectiveness: "Micro-Balancing" Costs And Benefits, David G. Owen
Toward A Proper Test For Design Defectiveness: "Micro-Balancing" Costs And Benefits, David G. Owen
Faculty Publications
No abstract provided.
Book Review Of Seattle University Skills Development Series, James E. Moliterno
Book Review Of Seattle University Skills Development Series, James E. Moliterno
Faculty Publications
No abstract provided.
The Court Logs On, Richard C. Reuben
The Court Logs On, Richard C. Reuben
Faculty Publications
The U.S. Supreme Court is expected to issue a landmark decision soon on the ability of government to slow down X-rated traffic on the information superhighway. At issue in Reno v. American Civil Liberties Union, No. 96-511, argued March 19, is the constitutionality of the Communications Decency Act of 1996, 47 U.S.C. § 223, a major effort by Congress to restrict minors' access to the pornography that is readily available on the Internet. Legal experts say the decision could set an important benchmark for future rulings affecting the electronic communications network that may reach some 200 million users before the …
Computer Ram 'Copies:' Hit Or Myth? Historical Perspectives On Caching As A Microcosm Of Current Copyright Concerns, I. Trotter Hardy
Computer Ram 'Copies:' Hit Or Myth? Historical Perspectives On Caching As A Microcosm Of Current Copyright Concerns, I. Trotter Hardy
Faculty Publications
No abstract provided.
When Physicians Balk At Futile Care: Implications Of The Disability Rights Laws, Philip G. Peters Jr.
When Physicians Balk At Futile Care: Implications Of The Disability Rights Laws, Philip G. Peters Jr.
Faculty Publications
Part I of this article reviews the factual background of the futility debate. Part II introduces the antidiscrimination laws. Thereafter, Parts III, IV, and V examine the three components of the proposal suggested above.
A Form Letter To The Dean, R. Lawrence Dessem
A Form Letter To The Dean, R. Lawrence Dessem
Faculty Publications
Even though modern word processing and electronic mail greatly facilitate communication, one still must compose the basic letter, memorandum, or electronic message. In an effort to cut down on the time and intellectual intensity of this endeavor, I offer the following suggested form letter to the dean. This format may be used within basic word processing packages or for creating e-mail messages. All you need do is choose the most appropriate insertions for your basic message, and the message will be electronically created.
The Proper Role Of The Estate And Gift Taxation Of Closely Held Businesses, Eric D. Chason, Robert T. Danforth
The Proper Role Of The Estate And Gift Taxation Of Closely Held Businesses, Eric D. Chason, Robert T. Danforth
Faculty Publications
The authors argue that the goals of estate and gift taxation are not served by taxing closely held businesses when the recipient of the business actively participates in its operation. Further, the authors suggest that taxing closely held businesses tends to harm capital production. The authors propose an approach to estate and gift taxation that encourages productive behavior by the recipients of wealth.
Towards A New Sensibility For International Economic Development, Lan Cao
Towards A New Sensibility For International Economic Development, Lan Cao
Faculty Publications
No abstract provided.