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Series

Faculty Scholarship

1993

Discipline
Institution
Keyword

Articles 1 - 30 of 221

Full-Text Articles in Law

Thoughts About Pursuing Diversity In Legal Education For Pedagogical Rather Than Political Or Compensatory Reasons, J. Clifton Fleming Jr. Dec 1993

Thoughts About Pursuing Diversity In Legal Education For Pedagogical Rather Than Political Or Compensatory Reasons, J. Clifton Fleming Jr.

Faculty Scholarship

No abstract provided.


Parading Ourselves: Freedom Of Speech At The Feast Of St. Patrick, Larry Yackle Nov 1993

Parading Ourselves: Freedom Of Speech At The Feast Of St. Patrick, Larry Yackle

Faculty Scholarship

Three things are true. First, American society is now absorbed in yet another great civil rights movement, this one on behalf of gay, lesbian, and ambisexual citizens, which will lead ineluctably to the elimination of legal burdens on the basis of sexual orientation.' Change will come slowly, with much backing and filling, and at an awful price measured in human pain. Intolerance for the homosexualities that exist among us, and the homosexual behavior in which many of us engage, will persist in quarters where the law cannot reach.2 Yet private homophobia, deprived of legal sanction, will ultimately be discredited ...


Partner Notification And The Threat Of Domestic Violence Against Women With Hiv Infection, Karen H. Rothenberg, Richard L. North Oct 1993

Partner Notification And The Threat Of Domestic Violence Against Women With Hiv Infection, Karen H. Rothenberg, Richard L. North

Faculty Scholarship

No abstract provided.


Real Property: 1993 Survey Of Florida Law, Ronald B. Brown Oct 1993

Real Property: 1993 Survey Of Florida Law, Ronald B. Brown

Faculty Scholarship

No abstract provided.


Environmental Law In The Supreme Court: Highlights From The Marshall Papers, Robert V. Percival Oct 1993

Environmental Law In The Supreme Court: Highlights From The Marshall Papers, Robert V. Percival

Faculty Scholarship

Justice Marshall served on the Court from 1967 until 1991. During that period, Congress passed all of the major federal environmental statutes and environmental regulation mushroomed. As a result, the Marshall papers reveal how the Court reached decisions that have shaped modern environmental law. The author, a former law clerk to former Justice Byron White and an associate professor of law at the University of Maryland, begins by describing the history of the Court's treatment of environmental disputes. He then discusses the steps the Justices take in deciding whether to accept cases for review; in reaching decisions on the ...


Evaluating Ethics Committees: A View From The Outside, Diane E. Hoffmann Oct 1993

Evaluating Ethics Committees: A View From The Outside, Diane E. Hoffmann

Faculty Scholarship

No abstract provided.


Just The Facts, Ma'am: Lying And The Omission Of Exculpatory Evidence In Police Reports,, Stanley Z. Fisher Oct 1993

Just The Facts, Ma'am: Lying And The Omission Of Exculpatory Evidence In Police Reports,, Stanley Z. Fisher

Faculty Scholarship

George Jones's ordeal was the product of, and in turn sheds light upon, police practices of investigating crimes and writing reports. Written police reports of criminal incidents and arrests give details such as the time, place, and nature of criminal conduct; the names and addresses of victims and witnesses; physical characteristics of the perpetrator(s) or arrestee(s); weapons used; property taken, recovered, or seized from the arrestee; and injuries to persons and property. Through their reports, the police "have fundamental control over the construction of [the] 'facts' for a case, and all other actors (the prosecutor, the judge ...


A Practical Guide To Recent Developments In Federal Habeas Corpus For Practicing Attorneys, J. Thomas Sullivan Jul 1993

A Practical Guide To Recent Developments In Federal Habeas Corpus For Practicing Attorneys, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.


Striking The Balance: The Evolving Nature Of Suretyship Defense, Neil B. Cohen Jul 1993

Striking The Balance: The Evolving Nature Of Suretyship Defense, Neil B. Cohen

Faculty Scholarship

No abstract provided.


A Model Of Products Liability Reform, Anita Bernstein Jul 1993

A Model Of Products Liability Reform, Anita Bernstein

Faculty Scholarship

No abstract provided.


A Selective Bibliography On The Endangered Species Act, Kristin Cheney Jun 1993

A Selective Bibliography On The Endangered Species Act, Kristin Cheney

Faculty Scholarship

Since its passage in 1973, the Endangered Species Act (ESA) has been the subject of much discussion and numerous publications. This bibliography is not an exhaustive treatment of the topic, but rather concentrates on monographs published from 1980 forward and includes only post-1988 journal articles. To aid the reader in locating relevant references, the journal articles are organized into the subcategories of (1) law and regulations, (2) litigation, and (3) international and extraterritorial.


Cipollone V. Liggitt Group, Inc., Federal Preemption And The Preservation Of State Common Law Claims (Product Liability), David J. Stout Jun 1993

Cipollone V. Liggitt Group, Inc., Federal Preemption And The Preservation Of State Common Law Claims (Product Liability), David J. Stout

Faculty Scholarship

In virtually every case involving a defective product you can anticipate the manufacturer or supplier seeking refuge behind the tired refrain "the Government let me do it." At its most basic the doctrine of preemption limits the operation of state law in areas where Congress has intended that federal law be exclusive or controlling.

It is to be hoped that the wave of federal preemption has crested and that the federal courts will, under the specific guidance of Cipollone, be less inclined to look beyond the expressed purpose of Congress to find state common law tort claims preempted.


Financial Exploitation Of The Elderly, Diane E. Hoffmann, Roger Wolf May 1993

Financial Exploitation Of The Elderly, Diane E. Hoffmann, Roger Wolf

Faculty Scholarship

No abstract provided.


The Government Contractor Defense, David J. Stout May 1993

The Government Contractor Defense, David J. Stout

Faculty Scholarship

Litigation involving defective products has increasingly become a pre-trial battle to overcome a series of technical defenses that have become a stock part of the manufacturer's defense.

Defendants invariably raise the government contractor defense where the defective product resulted from some governmental involvement in the manufacturing process, no matter how peripheral or superfluous was the government's involvement in that process.

The defense by its nature only applies to design defect cases. A defect in the manufacturing process is not protected by the defense.


The Legal Infrastructure Of Markets: The Role Of Contract And Property Law Essay, Tamar Frankel May 1993

The Legal Infrastructure Of Markets: The Role Of Contract And Property Law Essay, Tamar Frankel

Faculty Scholarship

Markets are social institutions that facilitate exchange transactions. Therefore, they require a regime of freedom to exchange-a contract regime. Markets can be made more efficient by reducing the transaction and information costs for market actors. Such a reduction can be effected by standardizing the products exchanged, the terms of the transactions, and the nature of the rights transferred. Information costs can be reduced by publicizing the transactions' and by using the services of intermediaries


Defining Finality And Appealability By Court Rule: A Comment On Martineau’S Right Problem, Wrong Solution, Thomas D. Rowe Jr. Apr 1993

Defining Finality And Appealability By Court Rule: A Comment On Martineau’S Right Problem, Wrong Solution, Thomas D. Rowe Jr.

Faculty Scholarship

No abstract provided.


Implications Of The Stakeholder Model, Roberta S. Karmel Apr 1993

Implications Of The Stakeholder Model, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


Implications Of The Stakeholder Model, Roberta S. Karmel Apr 1993

Implications Of The Stakeholder Model, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


Drafting Commercial Law For The New Millennium: Will The Current Process Suffice?, Neil B. Cohen, Barry Zaretsky Apr 1993

Drafting Commercial Law For The New Millennium: Will The Current Process Suffice?, Neil B. Cohen, Barry Zaretsky

Faculty Scholarship

No abstract provided.


Reflections On The Historical Context Of Section 402a, Oscar S. Gray Jan 1993

Reflections On The Historical Context Of Section 402a, Oscar S. Gray

Faculty Scholarship

No abstract provided.


Babies, Parents, And Grandparents: A Story In Two Cases, Karen Czapanskiy Jan 1993

Babies, Parents, And Grandparents: A Story In Two Cases, Karen Czapanskiy

Faculty Scholarship

No abstract provided.


The Saga Of Wiretapping In France: What It Tells Us About The French Criminal Justice System, Edward A. Tomlinson Jan 1993

The Saga Of Wiretapping In France: What It Tells Us About The French Criminal Justice System, Edward A. Tomlinson

Faculty Scholarship

No abstract provided.


Anti-Harassment: Building Law School Policies, Karen Czapanskiy Jan 1993

Anti-Harassment: Building Law School Policies, Karen Czapanskiy

Faculty Scholarship

No abstract provided.


Die Eg-Uebernahme-Richtlinie Im Lichte Der Erfahrungen In Den Usa, Michael P. Van Alstine Jan 1993

Die Eg-Uebernahme-Richtlinie Im Lichte Der Erfahrungen In Den Usa, Michael P. Van Alstine

Faculty Scholarship

No abstract provided.


Divorce Obligations And Bankruptcy Discharge: Rethinking The Support/Property Distinction, Jana B. Singer Jan 1993

Divorce Obligations And Bankruptcy Discharge: Rethinking The Support/Property Distinction, Jana B. Singer

Faculty Scholarship

The Bankruptcy Code currently divides divorce-related obligations into two categories: awards or agreements in the nature of support are non-dischargeable; obligations arising from property divisions can be discharged in the same manner as ordinary commercial debts. Because recent developments in family law have undermined the support/property distinction and because privately negotiated divorce agreements often fail to distinguish between payments intended to serve as support and those intended to distribute property, the Code's reliance on this classification often leads to confusion and hardship for divorce obligees. In addition, because of the rise of equitable distribution as the dominant method ...


Bifurcation Of Civil Rights Defendants: Undermining Monell In Police Brutality Cases, Douglas L. Colbert Jan 1993

Bifurcation Of Civil Rights Defendants: Undermining Monell In Police Brutality Cases, Douglas L. Colbert

Faculty Scholarship

No abstract provided.


Denying The Secret Of Joy: A Critique Of Posner's Theory Of Sexuality, Martha M. Ertman Jan 1993

Denying The Secret Of Joy: A Critique Of Posner's Theory Of Sexuality, Martha M. Ertman

Faculty Scholarship

No abstract provided.


Federal Court Abstention And State Administrative Law From Burford To Ankenbrandt: Fifty Years Of Judicial Federalism Under Burford V. Sun Oil Co. And Kindred Doctrines, Gordon G. Young Jan 1993

Federal Court Abstention And State Administrative Law From Burford To Ankenbrandt: Fifty Years Of Judicial Federalism Under Burford V. Sun Oil Co. And Kindred Doctrines, Gordon G. Young

Faculty Scholarship

No abstract provided.


Taming The Asylum Adjudication Process: An Agenda For The Twenty-First Century, Katherine L. Vaughns Jan 1993

Taming The Asylum Adjudication Process: An Agenda For The Twenty-First Century, Katherine L. Vaughns

Faculty Scholarship

No abstract provided.


The Impact Of The European Community On Labor Law: Some American Comparisons, Marley S. Weiss Jan 1993

The Impact Of The European Community On Labor Law: Some American Comparisons, Marley S. Weiss

Faculty Scholarship

No abstract provided.