Law Commons^™

Stoneridge V. Scientific-Atlanta: Do Section 10(B) And Rule 10b-5 Require A Misstatement Or Omission? (Pre-Publication Draft), Rodney D. Chrisman

Faculty Publications and Presentations

This version is a draft submitted for publication and accepted prior to the Supreme Court’s ruling. The final version, published by QLR and also posted on Digital Commons, was modified subsequently to the Supreme Court ruling. Stoneridge v. Scientific-Atlanta promises to be the most important securities litigation case to reach the Supreme Court since Central Bank of Denver. In this important case, Stoneridge presents the Supreme Court with the opportunity to clarify the application of its ruling in Central Bank to liability for secondary actors under section 10(b) and rule 10b-5. This Article points out that the fundamental question plaguing …

Preacher Man V. Porn King: A Legal, Cultural, And Moral Drama Starring Jerry Falwell, Larry Flynt, And The First Amendment, Tory L. Lucas

Faculty Publications and Presentations

Take one part proselytizing, political Southern Baptist televangelist, one part obnoxious, media-seeking pornographer, and one part First Amendment free speech, and you get the colossal legal, cultural, and moral battle embodied in the seminal Supreme Court case of Hustler Magazine v. Falwell. It all started in late 1983 with a controversial and despicable ad parody of a man and his mother that culminated in an aggressive legal battle between litigants on polar opposites of the moral and legal spectrum. Going behind the text of the Supreme Court decision, this article delves into the history behind the unique circumstances that made …

From Pin Point To The Legal Pinnacle, Tory L. Lucas

Faculty Publications and Presentations

In Judging Thomas: The Life and Times of Clarence Thomas, author Ken Foskett argues that “the key to unlocking Justice Thomas’s decision making is not dissecting the opinions but understanding the man who wrote them.” Capturing the essence of Judging Thomas, this quote forms the premise for this book review. A person cannot always be understood by his accomplishments. Instead, we sometimes must look beyond the person himself, and look into that person’s family history. That is precisely what this Thomas biography attempts to do.

This book review, entitled From Pin Point to the Legal Pinnacle, briefly outlines how Thomas …

So What If I'M Gonna Hurt Myself: The Ada's Direct Threat Defense, Tory L. Lucas

Faculty Publications and Presentations

A high-beam walking ironworker atop a skyscraper develops a severe case of vertigo. A power saw operator develops narcolepsy. Must the employers of these individuals with disabilities tolerate the risk that they pose to their own safety in fear of facing disability discrimination charges by removing the employees from their jobs? The Americans with Disabilities Act of 1990 (ADA) clearly provides a defense to a discrimination claim by an individual with a disability when the employer takes action based on the individual’s posing a direct threat to the health or safety of other individuals in the workplace. This is commonly …

To Designate Or Not To Designate Under The Family And Medical Leave Act, Tory L. Lucas

Faculty Publications and Presentations

The Family and Medical Leave Act (FMLA) entitles eligible employees to take a total of twelve workweeks of leave during any twelve-month period for specifically prescribed circumstances such as a serious health condition or the birth or adoption of a child. Does the FMLA require employers to specifically designate leave as FMLA leave or risk having to provide more than the guaranteed twelve weeks of leave? This precise question created a circuit split in the federal courts before the Supreme Court of the United States answered the question in March 2002. This article, published in 2000, addressed the issue a …