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1999

Faculty Publications

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Institution
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Articles 121 - 139 of 139

Full-Text Articles in Law

Swingers: Morality Legislation & The Limits Of State Police Power, Raymond Shih Ray Ku Jan 1999

Swingers: Morality Legislation & The Limits Of State Police Power, Raymond Shih Ray Ku

Faculty Publications

This article examines whether Florida can legitimately convict the swingers pursuant to the Florida Constitution specifically, and principles of constitutional law in general, and concludes that it cannot.

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United States Supreme Court: 1999 Term, Paul C. Giannelli Jan 1999

United States Supreme Court: 1999 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.

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Manslaughter And Other Homicides, Paul C. Giannelli Jan 1999

Manslaughter And Other Homicides, Paul C. Giannelli

Faculty Publications

No abstract provided.

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Impeachment: Evidence Amendments, Paul C. Giannelli Jan 1999

Impeachment: Evidence Amendments, Paul C. Giannelli

Faculty Publications

No abstract provided.

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Genetic Testing, Genetic Medicine, And Managed Care, Mark A. Rothstein, Sharona Hoffman Jan 1999

Genetic Testing, Genetic Medicine, And Managed Care, Mark A. Rothstein, Sharona Hoffman

Faculty Publications

As modern human genetics moves from the research setting to the clinical setting, it will encounter the managed care system. Issues of cost, access, and quality of care will affect the availability and nature of genetic testing, genetic counseling, and genetic therapies. This articles explores such issues as professional education, coverage of genetic services, privacy and confidentiality, and liability. It concludes with a series of recommendations for the practice of genetic medicine in the age of managed care.

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Certainty, Fence Building, And The Useful Arts, Craig Allen Nard Jan 1999

Certainty, Fence Building, And The Useful Arts, Craig Allen Nard

Faculty Publications

In "Certainty, Fence Building, and the Useful Arts," 74 Ind. L.J. 759-800 (1999), the author, based upon contract theory, economic theory, and an empirical survey of federal district court judges, proposes that the United States adopt a patent opposition proceeding. Whereas United States trademark law allows for the publication of and third-party opposition to the issuance of a federal trademark, American patent law, unlike European and Asian patent systems, allows for no such proceeding regarding the patentability of a claimed invention before issuance.

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The Continuing Vitality Of Tribal Sovereignty Under The Constitution, Erik M. Jensen Jan 1999

The Continuing Vitality Of Tribal Sovereignty Under The Constitution, Erik M. Jensen

Faculty Publications

This article discusses James A. Porres III's essay, The Constitution of the United States Applies to Indian Tribes.

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At The Foot Of The Master: What Dickens Got Right About What Lawyers Do Wrong, Michael K. Mcchrystal Jan 1999

At The Foot Of The Master: What Dickens Got Right About What Lawyers Do Wrong, Michael K. Mcchrystal

Faculty Publications

No abstract provided.

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Ethics Consult: An Ethics Problem Involving Financial Abuse, Michael K. Mcchrystal Jan 1999

Ethics Consult: An Ethics Problem Involving Financial Abuse, Michael K. Mcchrystal

Faculty Publications

What are a lawyer's ethical obligations to a client after termination of duties contracted? Is the legal professional responsible for actions on the part of a party other than the client as a result of advice given to a client? Exactly who is the client when more than one person is involved?

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When Should A Habeas Claim Be Dismissed As Being A "Second Or Successive" Application?, Jay E. Grenig Jan 1999

When Should A Habeas Claim Be Dismissed As Being A "Second Or Successive" Application?, Jay E. Grenig

Faculty Publications

No abstract provided.

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Can An Employee Who Applies For Social Security Disability Benefits Be A “Qualified Individual With A Disability” Under The Ada?, Jay E. Grenig Jan 1999

Can An Employee Who Applies For Social Security Disability Benefits Be A “Qualified Individual With A Disability” Under The Ada?, Jay E. Grenig

Faculty Publications

No abstract provided.

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The Leak And The Craft: A Hard Line Proposal To Stop Unaccountable Disclosures Of Law Enforcement Information, John Q. Barrett Jan 1999

The Leak And The Craft: A Hard Line Proposal To Stop Unaccountable Disclosures Of Law Enforcement Information, John Q. Barrett

Faculty Publications

The critics of Kenneth W. Starr accused him, in the five-plus years that he served as the multi-tasked Independent Counsel, of many failings, mistakes, and improprieties. One of the most prevalent charges was one that has significance to lawyers and resonates with the general public's sense of bad behavior by prosecutors: the allegation that Starr and/or members of his staff "leaked" information. This general accusation was, of course, imprecise. It also might have been overbroad. Prosecutorial "leaks" include such plain illegalities as disclosing grand jury information to the media or other unauthorized persons, and also the much less regulated practice …

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Myths, Miscues, And Misconceptions: No-Aid Separationism And The Establishment Clause, Carl H. Esbeck Jan 1999

Myths, Miscues, And Misconceptions: No-Aid Separationism And The Establishment Clause, Carl H. Esbeck

Faculty Publications

In neutrality theory the recipients of vouchers, grants, and purchase-of-service contracts are eligible to participate as providers in government social service programs without regard to their religious character. Indeed, religious beliefs and practices are prohibited bases for screening out those who want to be welfare program providers. Notable examples of congressional social service legislation conforming to the rule of religious neutrality are the ‘charitable choice‘ feature imbedded in the Welfare Reform Act of 1996 and the Community Services Block Grant Act of 1998, as well as the provision allowing issuance of child care vouchers to indigent parents in the Child …

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Digital Recording Of Real Estate Conveyances, Dale A. Whitman Jan 1999

Digital Recording Of Real Estate Conveyances, Dale A. Whitman

Faculty Publications

The purpose of this article is to describe how such a revolutionary change in the recording system can take place, and to identify and discuss the major policy issues that must be resolved in order to accomplish it. This change ought to happen. Failure to update the system will result in the continued imposition of unnecessary costs and delays on those who buy, sell, or mortgage real estate in America.

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Tax Exemptions And The Establishment Clause, Erika Lietzan Jan 1999

Tax Exemptions And The Establishment Clause, Erika Lietzan

Faculty Publications

Churches are exempted from a variety of taxes collected by the various levels and jurisdictions of government in the United States. For instance, they are almost always exempt from payment of property tax at the local level and from payment of income tax to both state and federal government. They are often exempt from payment of state sales tax on the products they sell. A person making a contribution to a religious organization is usually entitled to deduct the contribution from his income when calculating both his state and his federal income taxes at the end of the taxable year. …

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Toward Adding Further Complexity To The Internal Revenue Code: A New Paradigm For The Deductibility Of Capital Losses, Michelle A. Cecil Jan 1999

Toward Adding Further Complexity To The Internal Revenue Code: A New Paradigm For The Deductibility Of Capital Losses, Michelle A. Cecil

Faculty Publications

This article examines problems inherent in the current loss limitation system, arguing that it is ill-equipped to meet parallelism concerns and that cherrypicking is not a problem that a loss limitation scheme should address. The article also argues that the current system is both fundamentally unfair to taxpayers and promotes economic inefficiency in the marketplace. It proposes an alternative system for the tax treatment of capital losses that would allow such losses to offset all types of income, but only up to the tax rate that would have been imposed had the losses instead been capital gains. The article concludes …

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Ada Mediation After Sutton, Murphy And Albertson, James Levin Jan 1999

Ada Mediation After Sutton, Murphy And Albertson, James Levin

Faculty Publications

Judith Cohen's summary of the Interim ADA Mediation Standards in the last issue of The Journal of Alternative Dispute Resolution in Employment acknowledges the "skyrocketing" number of cases mediated under the Americans With Disabilities Act (ADA). The United States Supreme Court's recent opinions in Sutton v. United Airlines, Inc., Murphy v. United Parcel Service, Inc., and Albertson, Inc. v. Kirkingberg surprised many in the disability community by explicitly excluding an individual from ADA coverage if she mitigates her mental or physical impairment and the impairment as mitigated no longer substantially limits a major life activity. Will the Supreme Court's narrowing …

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The Constitutionality Of Censure, Michael J. Gerhardt Jan 1999

The Constitutionality Of Censure, Michael J. Gerhardt

Faculty Publications

No abstract provided.

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In-House Live-Client Clinical Programs: Some Ethical Issues, James E. Moliterno Jan 1999

In-House Live-Client Clinical Programs: Some Ethical Issues, James E. Moliterno

Faculty Publications

No abstract provided.

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