Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 25 of 25

Full-Text Articles in Law

The Mental Health Land Trust Litigation: State V. Weiss And Its Aftermath, John Stuart Kaplan Dec 1992

The Mental Health Land Trust Litigation: State V. Weiss And Its Aftermath, John Stuart Kaplan

Alaska Law Review

No abstract provided.


Alaska’S Medical Malpractice Expert Advisory Panel: Assessing The Prognosis, Jonathan Scott Aronie Dec 1992

Alaska’S Medical Malpractice Expert Advisory Panel: Assessing The Prognosis, Jonathan Scott Aronie

Alaska Law Review

No abstract provided.


First Amendment Limits On The Use Of Taxes To Subsidize Selectively The Media , Benjamin Lombard Nov 1992

First Amendment Limits On The Use Of Taxes To Subsidize Selectively The Media , Benjamin Lombard

Cornell Law Review

No abstract provided.


Haling Foreign Subsidiary Corporations Into Court Under The 1934 Act: Jurisdictional Bases And Forum Non Conveniens, Glenn R. Sarno Oct 1992

Haling Foreign Subsidiary Corporations Into Court Under The 1934 Act: Jurisdictional Bases And Forum Non Conveniens, Glenn R. Sarno

Law and Contemporary Problems

The general theories and legal standards for obtaining personal jurisdiction over a nonresident foreign entity under section 27 of the 1934 Securities Exchange Act are examined. The theories of obtaining jurisdiction over a foreign subsidiary corporation that has a parent present in the US for jurisdictional purposes are used as an example.


Did She Ask For It?: The Unwelcome Requirement In Sexual Harassment Cases , Ann C. Juliano Sep 1992

Did She Ask For It?: The Unwelcome Requirement In Sexual Harassment Cases , Ann C. Juliano

Cornell Law Review

No abstract provided.


The Preclusive Effect Of Unemployment Compensation Determinations In Subsequent Litigation: A Federal Solution, Ann C. Hodges Jul 1992

The Preclusive Effect Of Unemployment Compensation Determinations In Subsequent Litigation: A Federal Solution, Ann C. Hodges

Law Faculty Publications

This article examines the use of the doctrine of collateral estoppel to preclude litigation of statutory and common law actions challenging employee discharge based on determinations in unemployment compensation proceedings. First, the article reviews the history of the doctrine of collateral estoppel and examines the policies underlying its application. Next, the article reviews unemployment compensation law and analyzes the cases that have considered whether unemployment compensation determinations have preclusive effect in later litigation. After examining the existing law, the article engages in a comparative analysis of the advantages and disadvantages of according preclusive effect to unemployment compensation determinations, in light ...


The Rulemaking Continuum, Peter L. Strauss Jun 1992

The Rulemaking Continuum, Peter L. Strauss

Duke Law Journal

No abstract provided.


Constructing Homes For The Homeless? Searching For A Fourth Amendment Standard, David H. Steinberg Jun 1992

Constructing Homes For The Homeless? Searching For A Fourth Amendment Standard, David H. Steinberg

Duke Law Journal

No abstract provided.


Computer Programs, User Interfaces, And Section 102(B) Of The Copyright Act Of 1976: A Critique Of Lotus V. Paperback, Pamela Samuelson Apr 1992

Computer Programs, User Interfaces, And Section 102(B) Of The Copyright Act Of 1976: A Critique Of Lotus V. Paperback, Pamela Samuelson

Law and Contemporary Problems

The Supreme Court's landmark ruling "Lotus Development Corp vs Paperback Software International" is critiqued. The ruling did not resolve the issue of whether copyright law protects user interfaces.


Canadian Monopolies Law: Director Of Investigation And Research V. Nutrasweet Co. Decided As First Case Under Abuse-Of-Dominance Provision, Richard P. Lewis Apr 1992

Canadian Monopolies Law: Director Of Investigation And Research V. Nutrasweet Co. Decided As First Case Under Abuse-Of-Dominance Provision, Richard P. Lewis

Cornell International Law Journal

No abstract provided.


Civil Remedies For Intellectual Property Invasions: Themes And Variations, Ralph S. Brown Apr 1992

Civil Remedies For Intellectual Property Invasions: Themes And Variations, Ralph S. Brown

Law and Contemporary Problems

The remedial schemes involved in intellectual property cases are examined, including preliminary injunction relief, permanent injunctions and monetary remedies.


Reality As Artifact: From Feist To Fair Use, Wendy J. Gordon Apr 1992

Reality As Artifact: From Feist To Fair Use, Wendy J. Gordon

Law and Contemporary Problems

The Supreme Court case "Feist Publications Inc vs Rural Telephone Service Co" is examined. Although the court's decision was correct, its reasoning is deeply flawed.


Copyright, Potential Markets, And The User Interface: Defining The Scope Of The Limited Monopoly, Todd D. Daubert Apr 1992

Copyright, Potential Markets, And The User Interface: Defining The Scope Of The Limited Monopoly, Todd D. Daubert

Law and Contemporary Problems

Although most court cases involving copyright protection of the user interface appear to have been decided correctly on their facts, the language of the decisions has left uncertainty as to the scope of protection.


Aids And Erisa Preemption: The Double Threat, James R. Bruner Apr 1992

Aids And Erisa Preemption: The Double Threat, James R. Bruner

Duke Law Journal

No abstract provided.


Death Privacy And The Free Exercise Of Religion , Tom Stacy Mar 1992

Death Privacy And The Free Exercise Of Religion , Tom Stacy

Cornell Law Review

No abstract provided.


One-Way Ticket Home: The Federal Doctrine Of Forum Non Conveniens And The International Plaintiff, Jacqueline Duval-Major Mar 1992

One-Way Ticket Home: The Federal Doctrine Of Forum Non Conveniens And The International Plaintiff, Jacqueline Duval-Major

Cornell Law Review

No abstract provided.


Criminal Rico And Double Jeopardy Analysis In The Wake Of Grady V. Corbin: Is This Rico’S Achilles’ Heel , Mcgee Ramona Lennea Mar 1992

Criminal Rico And Double Jeopardy Analysis In The Wake Of Grady V. Corbin: Is This Rico’S Achilles’ Heel , Mcgee Ramona Lennea

Cornell Law Review

No abstract provided.


Unchaining The Law: The Legality Of Extraterritorial Abduction In Lieu Of Extradition, Mitchell J. Matorin Feb 1992

Unchaining The Law: The Legality Of Extraterritorial Abduction In Lieu Of Extradition, Mitchell J. Matorin

Duke Law Journal

No abstract provided.


Mass Communications And The First Amendment: An Overview, L. A. Powe Jr. Jan 1992

Mass Communications And The First Amendment: An Overview, L. A. Powe Jr.

Law and Contemporary Problems

Traditionally, mass communications issues have been slighted or ignored in first amendment writings. The Supreme Court deals with each type of harm resulting from this issue separately.


The Canadian Constitutional Approach To Freedom Of Expression In Hate Propaganda And Pornography, Kathleen Mahoney Jan 1992

The Canadian Constitutional Approach To Freedom Of Expression In Hate Propaganda And Pornography, Kathleen Mahoney

Law and Contemporary Problems

Canadian courts are in the process of challenging existing thought about the constitutional protection of freedom of expression. Establishing equality requires reciprocity of respect and parity of regard for physical dignity and personal integrity. Canadian Supreme Court decisions on pornography are discussed.


Federalism Under Fire: The Role Of The Supreme Court Of Canada, Katherine Swinton Jan 1992

Federalism Under Fire: The Role Of The Supreme Court Of Canada, Katherine Swinton

Law and Contemporary Problems

The role of the Supreme Court of Canada in the country's federal system is discussed. Globalization will have an important impact on interpretation of the Canadian Constitution. The special status of Quebec will also have to be taken into account.


The Canadian Judicial Approach To Equality Rights: Freedom Ride Or Roller Coaster?, M. David Lepofsky Jan 1992

The Canadian Judicial Approach To Equality Rights: Freedom Ride Or Roller Coaster?, M. David Lepofsky

Law and Contemporary Problems

The routes that can be followed by the Supreme Court at the crossroad to full equality rights protection are discussed. The Court should not tolerate any stereotyping of the elderly, women, the handicapped or anyone else.


Dimensions Of Equality: Doctrines Of Limitation, Drew S. Days Iii Jan 1992

Dimensions Of Equality: Doctrines Of Limitation, Drew S. Days Iii

Law and Contemporary Problems

No abstract provided.


The Dimensions Of American Constitutional Equality, J. Harvie Wilkinson Iii Jan 1992

The Dimensions Of American Constitutional Equality, J. Harvie Wilkinson Iii

Law and Contemporary Problems

Liberty and equality are the hallmark characteristics of any legal order. Constitutional equality in the US is discussed. The rights of equality are not economic in nature, and they are not subject to strictly majority rule.


When Substance Mandates Procedure: Martin V. Wilks And The Rights Of Vested Incumbents In Civil Rights Consent Decrees , Samuel Issacharoff Jan 1992

When Substance Mandates Procedure: Martin V. Wilks And The Rights Of Vested Incumbents In Civil Rights Consent Decrees , Samuel Issacharoff

Cornell Law Review

No abstract provided.