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1996

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Articles 6661 - 6690 of 7102

Full-Text Articles in Law

Sanctuary, Redlight Districts, And Washington, D.C.: Some Observations On Neuman's Anomalous Zones (Symposium: Surveying Law And Borders), William I. Miller Jan 1996

Sanctuary, Redlight Districts, And Washington, D.C.: Some Observations On Neuman's Anomalous Zones (Symposium: Surveying Law And Borders), William I. Miller

Articles

The claim is often made that boundaries obviate disputes if they are clear. But boundaries are inseparable from disputes; they seem to invite them as much as obviate them. Note how natural the collocations "disputed boundary" and "boundary dispute" are. The conventional view that one hears a lot in law schools is that once a bright line is drawn then a boundary is "settled." But that supposes that a clear boundary need not be defended or continually justified or that internal changes in the entity it circumscribes and in some ways defines do not affect the integrity of the boundary. …

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On The Genealogy Of Moral Hazard, Tom Baker Jan 1996

On The Genealogy Of Moral Hazard, Tom Baker

All Faculty Scholarship

No abstract provided.

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Brain And Blame, Stephen J. Morse Jan 1996

Brain And Blame, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

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The Presumption Of Innocence: Patching The Tattered Cloak After Maryland V. Craig., Ralph H. Kohlmann Jan 1996

The Presumption Of Innocence: Patching The Tattered Cloak After Maryland V. Craig., Ralph H. Kohlmann

St. Mary's Law Journal

Over one hundred years ago, the United States Supreme Court recognized the importance of the presumption of innocence in a criminal justice system which is based on due process. The Court declared the presumption of innocence is “the undoubted law, axiomatic, and elementary, and its enforcements lies at the foundation … of our criminal law.” The Court’s changing view of the Sixth Amendment’s Confrontation Clause is the most recent contribution to the reduction in the practical value of the presumption of innocence. In Maryland v. Craig, the Court decided that while face-to-face confrontation forms the core of values furthered in …

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The Anatomy Of Emtala: A Litigator's Guide., Alicia K. Dowdy, Gail N. Friend, Jennifer L. Rangel Jan 1996

The Anatomy Of Emtala: A Litigator's Guide., Alicia K. Dowdy, Gail N. Friend, Jennifer L. Rangel

St. Mary's Law Journal

The Emergency Medical Treatment and Active Labor Act (EMTALA) prohibits hospitals from inappropriately transferring or refusing medical care to persons with emergency medical conditions. EMTALA was passed in response to the practice of “dumping” seriously ill patients from private hospitals into public ones, to ensure all patients receive medical treatment in emergency situations. Plaintiffs have attempted to pursue EMTALA claims against non-hospital defendants, but courts have consistently disallowed such claims under the statute. By limiting the scope of its coverage to hospitals, EMTALA creates a situation unique from ordinary medical malpractice. Although hospitals may be held liable for negligent credentialing …

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Texas Private Real Property Rights Preservation Act: A Political Solution To The Regulatory Takings Problem Comment., George E. Grimes Jr. Jan 1996

Texas Private Real Property Rights Preservation Act: A Political Solution To The Regulatory Takings Problem Comment., George E. Grimes Jr.

St. Mary's Law Journal

Increasing environmental regulation has resulted in an antiregulation backlash and the growth of a property rights movement. Unable to successfully use the courts to protect private property from diminution in value due to government regulations, property rights advocates have looked to the federal and state legislatures for assistance. This has led to some states and the United States Congress to introduce private property rights protection. This protection generally takes one of two forms. The first requires the government to assess the possible effect on property rights before enacting regulations. The second requires the government to compensate property owners for the …

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Intellectual Property Pirates: Congress Raises The Stakes In The Modern Battle To Protect Copyrights And Safeguard The United States Economy Comment., Timothy D. Howell Jan 1996

Intellectual Property Pirates: Congress Raises The Stakes In The Modern Battle To Protect Copyrights And Safeguard The United States Economy Comment., Timothy D. Howell

St. Mary's Law Journal

Intellectual property pirates menace the industry by hijacking audio recordings, movies, television broadcasts, and software—posing an economic threat and accounting for billions of dollars in losses annually. This Comment examines legislative attempts to combat information piracy through criminalization of copyright infringement—focusing on the proposed Criminal Copyright Improvement Act of 1995 (Improvement Act). The Improvement Act contemplates expansion of criminal copyright infringement law, attempting to close the legal “loophole” exposed by United States v. LaMacchia, and providing a more effective means for deterring copyright piracy. Part II of this Comment provides a historical overview of United States copyright laws and introduces …

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Nafta And The Environment: Dealing With Abnormally High Birth Defect Rates Among Children Of Texas-Mexico Border Towns Symposium - The Environment And The United States-Mexico Border - Comment., Kelly L. Reblin Jan 1996

Nafta And The Environment: Dealing With Abnormally High Birth Defect Rates Among Children Of Texas-Mexico Border Towns Symposium - The Environment And The United States-Mexico Border - Comment., Kelly L. Reblin

St. Mary's Law Journal

Along the 868-mile Texas-Mexico border thousands of young women live in fear as deadly birth defects with unknown causes threaten the lives of their unborn children. A total of ninety cases of the birth defect anencephaly, meaning the fetus has no brain, were reported in the fourteen Texas border counties between 1986 and 1991. The cause of these birth defects has yet to be determined officially; yet, researchers and residents along the Texas-Mexico border blame poor environmental conditions caused by the maquiladora industry and inadequate sewage facilities. The Texas Department of Health and the Centers for Disease Control investigated the …

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Giving Texas Lawyers Their Dues: The State Bar's Liability Under Hudson And Keller For Political And Ideological Activities., Ralph H. Brock Jan 1996

Giving Texas Lawyers Their Dues: The State Bar's Liability Under Hudson And Keller For Political And Ideological Activities., Ralph H. Brock

St. Mary's Law Journal

The State Bar must provide information for members to assess the propriety of mandatory dues and establish a procedure for members to challenge improper expenditures, however, the Texas State Bar provides no such procedure. Although most states have unified bars, opposition to compulsory bar membership is steady—due largely, to using membership dues to lobby state legislatures in favor of positions which some members may oppose. Chicago Teachers Union v. Hudson and Keller v. State Bar of California are the culmination of labor union and unified bar cases which uphold compulsory membership but establish constitutional limits on the uses of mandatory …

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Speaking The Language Of Exclusion: How Equal Protection And Fundamental Rights Analyses Permit Language Discrimination Comment., Donna F. Coltharp Jan 1996

Speaking The Language Of Exclusion: How Equal Protection And Fundamental Rights Analyses Permit Language Discrimination Comment., Donna F. Coltharp

St. Mary's Law Journal

In the summer of 1995, the en banc Texas Court of Criminal Appeals in Flores v. State upheld a lower court’s ruling to give a drunk-driving (DWI) offender a year in prison as opposed to probation. The trial judge denied the defendant probation due to his inability to speak English. The county in which the defendant was arrested and convicted did not provide a DWI rehabilitation program in Spanish, leading the judge to determine the defendant would not benefit from probation. In his appeal, Mr. Flores claimed the lower court violated his equal protection and due process rights under the …

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Changing The Nature Of Corporate Representation: Attorney Liability For Aiding And Abetting The Breach Of Fiduciary Duty Comment., Stanley Pietrusiak Jr. Jan 1996

Changing The Nature Of Corporate Representation: Attorney Liability For Aiding And Abetting The Breach Of Fiduciary Duty Comment., Stanley Pietrusiak Jr.

St. Mary's Law Journal

In 1983, the American Bar Association (ABA) comprehensively defined corporate counsel’s ethical duties in situations where a corporate officer engages in conduct which could substantially harm the organization. In such cases, the nature of the corporate attorney’s duties depends on whether the officer’s conduct is illegal or whether the officer made a policy decision which falls short of illegality. Rule 1.13 of the Model Rules of Professional Conduct imposes the duty on corporate counsel to take steps to stop corporate officers from engaging in illegal conduct which is likely to result in substantial injury to the organization. Conversely, counsel is …

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Same-Sex Harassment - The Next Step Up In The Evolution Of Sexual Harassment Law Under Title Vii Comment., Regina L. Stone-Harris Jan 1996

Same-Sex Harassment - The Next Step Up In The Evolution Of Sexual Harassment Law Under Title Vii Comment., Regina L. Stone-Harris

St. Mary's Law Journal

Women sexually harassed by male co-workers are protected by Title VII of the Civil Rights Act. Yet, men are not protected because the federal courts in the Fifth Circuit do not protect men who are sexually harassed by other men. Male victims of sexual harassment are protected if they live in another district which does offer Title VII protection to same-sex victims. But should geography dictate protection? The federal courts are currently split as to whether a claim of sexual harassment between members of the same gender is actionable under Title VII of the Civil Rights Act. In the absence …

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Administrative License Suspensions, Criminal Prosecution And The Double Jeopardy Clause, Carlos F. Ramirez Jan 1996

Administrative License Suspensions, Criminal Prosecution And The Double Jeopardy Clause, Carlos F. Ramirez

Fordham Urban Law Journal

This Note argues that revocation of a driver's license under ALS proceedings is not a bar to subsequent criminal prosecution by the state. It discusses the potential double jeopardy implications surrounding ALS that is followed by criminal proceedings, as well as the reasoning employed by a majority of the courts that hold that an ALS is remedial and, therefore, not punishment for purposes of the Double Jeopardy Clause. It argues that with regard to determining whether an ALS is punitive, the appropriate test should balance the effect of the statute on the driver against the state's interest in protecting the …

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The 1868-9 Select Committee On Parliamentary And Municipal Elections : Insights Into The Mid-Victorian Electoral System, Justin Wasserman Jan 1996

The 1868-9 Select Committee On Parliamentary And Municipal Elections : Insights Into The Mid-Victorian Electoral System, Justin Wasserman

Theses : Honours

No abstract provided.

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Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus Jan 1996

Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus

Faculty Publications

No abstract provided.

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Country/Region Reports -- United States Of America, Linda A. Malone Jan 1996

Country/Region Reports -- United States Of America, Linda A. Malone

Faculty Publications

No abstract provided.

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International Antitrust Enforcement In The Computer Industry, Joel Klein, Preeta Bansal Jan 1996

International Antitrust Enforcement In The Computer Industry, Joel Klein, Preeta Bansal

Villanova Law Review

No abstract provided.

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Competition Policy And Intellectual Property In The Information Age, J. Beckwith Burr Jan 1996

Competition Policy And Intellectual Property In The Information Age, J. Beckwith Burr

Villanova Law Review

No abstract provided.

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Key Escrow Encryption Policies And Technologies, Dorothy E. Denning, William E. Baugh Jr. Jan 1996

Key Escrow Encryption Policies And Technologies, Dorothy E. Denning, William E. Baugh Jr.

Villanova Law Review

No abstract provided.

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Taking Trips On The Information Superhighway: International Intellectual Property Protection And Emerging Computer Technology, Charles R. Mcmanis Jan 1996

Taking Trips On The Information Superhighway: International Intellectual Property Protection And Emerging Computer Technology, Charles R. Mcmanis

Villanova Law Review

No abstract provided.

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Creative Technology, Ltd. V. Aztech System, Pte, Ltd.: The Ninth Circuit Sends A United States Copyright Infringement Case To Singapore On A Motion Of Forum Non Conveniens, Lynn Carino Jan 1996

Creative Technology, Ltd. V. Aztech System, Pte, Ltd.: The Ninth Circuit Sends A United States Copyright Infringement Case To Singapore On A Motion Of Forum Non Conveniens, Lynn Carino

Villanova Law Review

No abstract provided.

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Instructing On Reasonable Doubt After Victor V. Nebraska: A Trial Judge's Certain Thoughts On Certainty, Stephen J. Fortunato Jr. Jan 1996

Instructing On Reasonable Doubt After Victor V. Nebraska: A Trial Judge's Certain Thoughts On Certainty, Stephen J. Fortunato Jr.

Villanova Law Review

No abstract provided.

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An Administrator, A Teacher, A Lawyer, A Counselor And A Colleague, Steven P. Frankino Jan 1996

An Administrator, A Teacher, A Lawyer, A Counselor And A Colleague, Steven P. Frankino

Villanova Law Review

No abstract provided.

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Theories Of The Corporation And The Tax Treatment Of Corporate Philanthropy Symposium: Corporate Philanthropy Law, Culture, Education, And Politics, Linda Sugin Jan 1996

Theories Of The Corporation And The Tax Treatment Of Corporate Philanthropy Symposium: Corporate Philanthropy Law, Culture, Education, And Politics, Linda Sugin

Faculty Scholarship

This essay is organized as follows: Part I describes the entity model of the corporation as developed in corporate and ethical theory, showing how that model is embodied in the Code and how variations in that model produce different conclusions about the legitimacy of the charitable contribution deduction for corporations. It discusses some issues that arise when corporate philanthropy is considered in the context of the entity theory and how the tax law might respond to those issues. Part II explains how the nexus-of-contracts conception of the corporation, applied as an analytical tool, challenges the tax law's treatment of corporate …

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The Third Circuit And The Landlord's Noncompetition Promise: The Use And Misuse Of Intent Theory, Edward Chase Jan 1996

The Third Circuit And The Landlord's Noncompetition Promise: The Use And Misuse Of Intent Theory, Edward Chase

Villanova Law Review

No abstract provided.

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An Egalitarian's Market: The Economics Of Inclusionary Zoning Reclaimed, Andrew G. Dietderich Jan 1996

An Egalitarian's Market: The Economics Of Inclusionary Zoning Reclaimed, Andrew G. Dietderich

Fordham Urban Law Journal

This article discusses the economic effects of residential zoning, and how zoning might be used to create more affordable housing for the poor in America. The author explains the three legal regimes of inclusionary zoning, namely, voluntary inclusion programs, mandatory set-asides with density bonuses, and mandatory set-asides without density bonuses. While he offers no advice on how to implement any of the three regimes, he notes that the choice between the pure buyer's remedy and an inclusionary program with set asides depends on the buying power of the target population. Based on the economic situation of that target population, a …

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Suspended Over The Abyss: A City's Quest For Local Autonomy In Institutional Reform Litigation, Michelle S. Simon Jan 1996

Suspended Over The Abyss: A City's Quest For Local Autonomy In Institutional Reform Litigation, Michelle S. Simon

Fordham Urban Law Journal

This Article examines the conflict between preserving local autonomy and remedying constitutional violations in the context of school desegregation. It articulates the problem by exploring the role of the city and its part in institutional reform. It examines what is meant by local autonomy and institutional reform in the context of the ongoing struggle in Kansas City, Missouri. It examines how the Supreme Court has viewed the relationship between the remedial powers of district courts and municipal autonomy of local governments. Finally, it argues for a more coherent system of balancing judicial involvement and local government autonomy in fashioning remedial …

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Temper In The Court: A Forum On Judicial Civility, Norman Greene, Robert Tembeckjian, Ellen Carni, Ron Kuby Jan 1996

Temper In The Court: A Forum On Judicial Civility, Norman Greene, Robert Tembeckjian, Ellen Carni, Ron Kuby

Fordham Urban Law Journal

Transcript of a panel discussion concerning the need for judges to be more civil to litigants. What is the floor below which judicial intemperance is not acceptable and the ceiling, that is, what judges should aspire to.

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The Community Reinvestment Act: New Standards Provide New Hope, E. L. Baldinucci Jan 1996

The Community Reinvestment Act: New Standards Provide New Hope, E. L. Baldinucci

Fordham Urban Law Journal

This Comment chronicles the Community Reinvestment Act from its adoption to its present status, including its revision under the Financial Institutions Reform Recovery and Enforcement Act of 1989 (FIRREA). It reviews the major criticisms of the CRA's supporters and detractors. It introduces the recent regulations issued by the regulatory agencies responsible for enforcing the CRA and the Congressional response to those regulations. It concludes that the CRA can be a more effective legislative response to the lack of banking services in poorer inner city communities if the recent agencies' regulations are allowed to take effect and if careful steps are …

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A Response To Burt Neuborne, Rolando T. Acosta Jan 1996

A Response To Burt Neuborne, Rolando T. Acosta

Fordham Urban Law Journal

In this response to Burt Neuborne's Who's Afraid of the Human Rights Commission, the author views Neuborne's proposal as representing an inevitable shift in the Commission's limited resources to more preventative measures in combating discrimination. This article argues that Neuborne's approach sacrifices the interests of individual victims of discrimination by focusing Commission resources on employer-centered plans for rights discrimination. The article outlines six drawbacks of the Neuborne model, and concludes that more minor changes will allow a proper balance between allocating resources for post- and pre- event occurrences of discrimination.

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