Law Commons^™

A New Start Calls For A Broadened Perspective, Nora V. Demleitner

Scholarly Articles

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Qualified Intimacy, Celebrity, And The Case For A Newsgathering Privilege, Rodney A. Smolla

Scholarly Articles

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The Constitutionality Of Mandatory Public School Service Programs, Rodney A. Smolla

Scholarly Articles

Part of a special issue on amateurs in public service and their involvement in volunteering, service-learning, and community service. An analysis of the constitutionality of mandatory public school community service programs is presented. The legality of such programs is examined with reference to conditions, coercion, and the right-privilege distinction; community service as involuntary servitude; the substantive due process doctrine; conscientious objection based on religion or ideology; and organizational inclusion and exclusion. It is acknowledged that community service programs are not value-neutral, in that they obviously reflect the community's philosophical and cultural judgments regarding the mission and function of public schools. …

Privacy And The First Amendment Right To Gather News, Rodney A. Smolla

Scholarly Articles

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Reforming Juvenile Sentencing, Nora V. Demleitner

Scholarly Articles

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Convergence And Competition: The Case Of Bank Regulation In Britain And The United States, Heidi Mandanis Schooner, Michael Taylor

Scholarly Articles

Our article considers whether the existence of a global banking market has resulted in the convergence of bank supervisory policy among different nationally-based regulatory regimes. In particular, we consider whether regulatory authorities in the United States and Great Britain, as providers of regulatory services, compete on the basis of the "net regulatory benefit" (NRB) that they provide to their respective regulatees, i.e., banks. After a detailed examination of the history of bank regulation in the US and UK, we observe that there is no clear trend towards convergence by competition. We find that, while regulatory competition may play an important …

Rethinking Judicial Review Of Director Care, Lyman P.Q. Johnson

Scholarly Articles

This article offers an extended critique of the Delaware Supreme Court's unprecedented use of an entire fairness test in a breach of due care setting, as first articulated in Cede & Co. v. Technicolor, Inc. 634 A.2d 345 (Del. 1993) and Cinerama, Inc. v. Technocolor, Inc., 663 A.2d 1156 (Del. 1995). The article then argues for a generalized reasonableness standard for director conduct and for judicially reviewing care claims, thereby providing Delaware law with something it has lacked historically ? a pervasive (yet still streamlined) duty of due care.

Common Law Restitution In The Mississippi Tobacco Settlement: Did The Smoke Get In Their Eyes?, Doug Rendleman

Scholarly Articles

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Combating Legal Ethnocentrism: Comparative Law Sets Boundaries, Nora V. Demleitner

Scholarly Articles

None available.

Preventing Internal Exile: The Need For Restrictions On Collateral Sentencing Consequences, Nora V. Demleitner

Scholarly Articles

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Recent Case Comment, Inter Medical Supplies, Ltd, V. Ebi Medical Systems, Inc., A. Benjamin Spencer

Scholarly Articles

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A Proposal For Integrating The Income And Transfer Taxation Of Trusts, Robert T. Danforth

Scholarly Articles

Present law fails to integrate the income and transfer (i.e., estate and gift) taxation of trusts; a gratuitous transfer to a trust may be incomplete for income tax purposes (producing a so-called grantor trust, the income of which is taxed to the grantor), but complete for transfer tax purposes. Grantors create trusts that exploit two features of this tax law dichotomy: the grantor's income tax payments on trust income enhance the value of the trust by allowing it to appreciate in value income tax free; and present law provides no basis for subjecting this enhanced value to gift or estate …

Due Process, Community, And The Prince In The Evolution Of The Ordo Iudiciarius, Kenneth Pennington

Scholarly Articles

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Constitutional Law—Abortion—Sixth Circuit Strikes Down Ohio Ban Of Post-Viability And Dilation And Extraction Abortions—Women’S Medical Professional Corp. V. Voinovich, 130 F.3d 187 (6th Cir. 1997), Cert. Denied, 118 S. Ct. 1347 (1998), Mark L. Rienzi

Scholarly Articles

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The New Federalism And The Ada: State Sovereign Immunity From Private Damage Suits After Boerne, Roger C. Hartley

Scholarly Articles

State sanctioned disability-based discrimination comes in two basic flavors: prejudice and thoughtlessness. The former takes disability into consideration, while the latter ignores it. The Fourteenth Amendment's Equal Protection Clause prohibits the prejudice but not the thoughtlessness, at least when the latter is unassociated with irrational assumptions based on myths, fears and stereotypes. Unlike most other civil rights statutes, the Americans With Disabilities Act (hereinafter "ADA" or "Act") prohibits both prejudice and thoughtlessness and aptly has been characterized as a "second-generation civil rights statute."

Unfortunately, the ADA's claim to innovation might yet prove to be its constitutional Achilles heel. Across the …

Blue-Chip Bilking: Regulation Of Billing And Expense Fraud By Lawyers, Lisa G. Lerman

Scholarly Articles

This study of recent cases of billing and expense fraud confirms the views of David Wilkins, Ted Schneyer, and many other scholars that the disciplinary system performs only one of several needed regulatory functions. The cases demonstrate the need for public and private regulatory responses that not only receive and investigate complaints, but also provide education, prevention, proactive monitoring, and remediation. Lawyers who engage in billing and expense fraud should be fired, disbarred, prosecuted on criminal charges, sued for malpractice. If the public and private organizations that can attend to this problem take it seriously, the norms in the legal …

Medical Savings Accounts: Windfalls For The Healthy, Wealthy, And Wise, Regina T. Jefferson

Scholarly Articles

This article analyzes the Medical Savings Account (MSA) program, and critiques its impact on the retirement and health care systems. The MSA program is an experimental health care program created by The Health Insurance Portability and Accountability Act of 1996. The program allows a limited number of small employers and self-employed individuals to establish MSAs during an experimental period. MSA funds may be used for medical expenses, or carried forward and accumulated tax-free as retirement savings. The underlying purpose of the MSA program is to reduce the cost of medical care by providing consumers greater incentives to be sensitive to …

The Bishops' New Statement On Abortion: Why It Isn't Accomplishing Much Of Anything., Raymond B. Marcin

Scholarly Articles

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Introduction To The Symposium On Developments In Legal Externship Pedagogy, J.P. "Sandy" Ogilvy

Scholarly Articles

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Judicial Decision-Making In The Age Of Biotechnology, George P. Smith Ii

Scholarly Articles

The major premise, minor premise, and conclusion of this Article are one and the same - for, they conduce to an acceptance of the fact that the social constructs and legal tools necessary for the modern judiciary to meet head-on and deal with the contentious issues of bioethics and biotechnology are already in place. To resolve problems arising from these potential quagmires, perhaps the major concern is for the courts to remain forever vigilant to the interlinking relationships or synergistic forces found in law, science, ethics, and medicine. Without vigilance and enhanced awareness of the dynamic and fluid situation here, …

Chimera Or Jackalope? Department Of Defense Efforts To Apply Civilian Sexual Harassment Criteria To The Military, Michael F. Noone Jr.

Scholarly Articles

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Political Speech—Restrictions On Ballot-Initiative Petitions, Buckley V. American Constitutional Law Foundation, Mark L. Rienzi

Scholarly Articles

The Supreme Court has repeatedly noted that ballot and election regulations raise difficult questions about the interplay between the First Amendment's heightened protection for political speech, and states' need to regulate ballots and elections to ensure fair and orderly democracy. When making the delicate judgments between protecting political speech and allowing states to regulate elections, the Court has traditionally stated precisely which test it was employing to evaluate individual restrictions. Last Term, in Buckley v. American Constitutional Law Foundation, the Court invalidated several of Colorado's restrictions on the signature-gathering process for ballot initiative petitions. In so doing, the Court failed …

Death, Dying, And Burial: Approaches In Religious Law And Practice, William J. Wagner

Scholarly Articles

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Régime Des Cultes Et Liberté Religieuse En Europe: Relectures Américaines, Robert A. Destro

Scholarly Articles

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Professional And Ethical Issues In Legal Externships: Fostering Commitment To Public Service, Lisa G. Lerman

Scholarly Articles

In this Article, I explore the larger issue of professional choices presented to law student externs. Then I explore some of the particular ethical dilemmas that law students and their teachers encounter in externship programs.

Why Likud Needs The Peace Process, Marshall J. Breger, Steven Speigel

Scholarly Articles

No abstract provided.