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Articles 1 - 28 of 28
Full-Text Articles in Law
Premises Liability: The Disappearance Of The Open And Obvious Doctrine, Ann K. Dittmeier
Premises Liability: The Disappearance Of The Open And Obvious Doctrine, Ann K. Dittmeier
Missouri Law Review
In the past, landowners were sovereign over their land, and they were immune from liability for accidents that occurred on their land.2 One doctrine that reflects this limited liability is the open and obvious rule, which states that landowners have no duty of care to protect someone on their premises from an open and obvious condition The traditional rule has recently been modified in many jurisdictions to disallow a landowner from asserting an open and obvious condition as a complete defense.4 The modified version holds occupiers liable if they reasonably could have anticipated that the invitee would encounter the danger …
A Tour Of Globalization, Bruce Mazlish
A Tour Of Globalization, Bruce Mazlish
Indiana Journal of Global Legal Studies
No abstract provided.
Microsoft’S Internet Exploration: Predatory Or Competitive, Thomas W. Hazlett
Microsoft’S Internet Exploration: Predatory Or Competitive, Thomas W. Hazlett
Cornell Journal of Law and Public Policy
No abstract provided.
Citizen Soldiers: The North Carolina Volunteers And The War On Poverty, Robert R. Korstad, James L. Leloudis
Citizen Soldiers: The North Carolina Volunteers And The War On Poverty, Robert R. Korstad, James L. Leloudis
Law and Contemporary Problems
During the summers of 1964 and 1965, more than 300 college students fanned out across the state of North Carolina in a bold campaign to defeat poverty and, as they saw it, to uplift the poor. Korstad and Leloudis trace the history of the North Carolina Fund's Volunteers program, provide an analysis of the contribution that those students made to fighting poverty in the state, and evaluate the impact of that experience on the lives of the Volunteers themselves.
Senate Trials And Factional Disputes: Impeachment As A Madisonian Device, Jonathan Turley
Senate Trials And Factional Disputes: Impeachment As A Madisonian Device, Jonathan Turley
Duke Law Journal
In this Article, Professor Turley addresses the use of impeachment, specifically the Senate trial, as a method of resolving factional disputes about an impeached official's legitimacy to remain in office. While the Madisonian democracy was designed to regulate factional pressures, academics and legislators often discuss impeachments as relatively static events focused solely on removal. Alternatively, impeachment is sometimes viewed as an extreme countermajoritarian measure used to "reverse" or "nullify" the popular election of a President. This Article advances a more dynamic view of the Senate trial as a Madisonian device to resolve factional disputes. This Article first discusses the history …
Establishing New Legal Doctrine In Managed Care: A Model Of Judicial Response To Industrial Change, Peter D. Jacobson, Scott D. Pomfret
Establishing New Legal Doctrine In Managed Care: A Model Of Judicial Response To Industrial Change, Peter D. Jacobson, Scott D. Pomfret
University of Michigan Journal of Law Reform
Courts are struggling with how to develop legal doctrine in challenges to the new managed care environment. In this Article, we examine how courts have responded in the past to new industries or radical transformations of existing industries. We analyze two historical antecedents, the emergence of railroads in the nineteenth century and mass production in the twentieth century, to explore how courts might react to the current transformation of the health care industry.
In doing so, we offer a model of how courts confront issues of developing legal doctrine, especially regarding liability, associated with nascent or dramatically transformed industries. Our …
The Fcc’S Minority Tax Certificate Program: A Proposal For Life After Death, Erwin G. Krasnow, Lisa M. Fowlkes
The Fcc’S Minority Tax Certificate Program: A Proposal For Life After Death, Erwin G. Krasnow, Lisa M. Fowlkes
Federal Communications Law Journal
In 1995, Congress eliminated the Federal Communications Commission’s (FCC) Minority Tax Certificate Program—a nonintrusive method of encouraging increased participation of minority entrepreneurs as owners in the broadcast and cable industries. Since that time, minorities have faced increased difficulties competing in all facets of the communications industry. These difficulties can be attributed to: (1) increased consolidation within the broadcast industry as a result of provisions of the Telecommunications Act of 1996 relaxing certain broadcast ownership limitations; (2) recent court decisions adverse to minority-specific programs; and (3) continued obstacles faced by minorities in accessing sufficient capital to acquire licenses and compete in …
Decline Of The “Little Parliament”: Juries And Jury Reform In England And Wales, Sally Lloyd-Bostock, Cheryl Thomas
Decline Of The “Little Parliament”: Juries And Jury Reform In England And Wales, Sally Lloyd-Bostock, Cheryl Thomas
Law and Contemporary Problems
Lloyd-Bostock and Thomas take a historical look at the English jury and place the jury and jury reform in the context of the English legal and political system.
The Canadian Criminal Jury: Searching For A Middle Ground, Neil Vidmar
The Canadian Criminal Jury: Searching For A Middle Ground, Neil Vidmar
Law and Contemporary Problems
Vidmar discusses the history of the Canadian jury and develops a profile of the Canadian jury today. The law and rationale behind the procedures involved in the "Bernardo" trial are also described.
The Scottish Criminal Jury: A Very Peculiar Institution, Peter Duff
The Scottish Criminal Jury: A Very Peculiar Institution, Peter Duff
Law and Contemporary Problems
Duff describes and discusses the Scottish criminal jury. While the exact origins of the Scottish criminal jury are obscure, it is clear that it developed in tandem with, although in a different fashion from, its English counterpart.
Criminal Trial Juries In Australia: From Penal Colonies To A Federal Democracy, Michael Chesterman
Criminal Trial Juries In Australia: From Penal Colonies To A Federal Democracy, Michael Chesterman
Law and Contemporary Problems
The recent history of juries in Australia reveals an interesting clash between the endeavours of state and territory governments to reduce the costs associated with jury trial by various means and the determination of the High Court of Australia to reassert the traditional values and features of jury trial.
“Guardian Of Civil Rights … Medieval Relic”: The Civil Jury In Canada, W. A. Bogart
“Guardian Of Civil Rights … Medieval Relic”: The Civil Jury In Canada, W. A. Bogart
Law and Contemporary Problems
Bogart offers some explanations of why Canadian civil juries exist only at the margins by examining the availability of civil juries, empirical evidence regarding their use and cost in Ontario Canada and academic and policy debates concerning their role.
The New Zealand Jury, Neil Cameron, Susan Potter, Warren Young
The New Zealand Jury, Neil Cameron, Susan Potter, Warren Young
Law and Contemporary Problems
In New Zealand, the recent history of the jury has been one of fairly steady decline. This is particularly so of the civil jury, which has become virtually extinct with little realistic prospect of revival.
The Jury System In Contemporary Ireland: In The Shadow Of A Troubled Past, John D. Jackson, Katie Quinn, Tom O'Malley
The Jury System In Contemporary Ireland: In The Shadow Of A Troubled Past, John D. Jackson, Katie Quinn, Tom O'Malley
Law and Contemporary Problems
Jackson et al discuss the distinctive features of criminal trial by jury in Ireland, both north and south, to explain how the jury continues to survive within modern Ireland and how it also has managed to decline in significance.
Reviving The Criminal Jury In Japan, Lester W. Kiss
Reviving The Criminal Jury In Japan, Lester W. Kiss
Law and Contemporary Problems
Kiss analyzes whether the readoption of criminal jury trials in present-day Japan would be feasible from cultural, societal and legal viewpoints in light of Japan's prior experience with a jury system.
The American Criminal Jury, Nancy Jean King
The American Criminal Jury, Nancy Jean King
Law and Contemporary Problems
King describes the American criminal jury, focusing on those aspects of the institution that distinguish it from juries in other parts of the world.
To Yick Wo, Thanks For Nothing!: Citizenship For Filipino Veterans, Kevin Pimentel
To Yick Wo, Thanks For Nothing!: Citizenship For Filipino Veterans, Kevin Pimentel
Michigan Journal of Race and Law
In this Note, the Author uses science fiction novelist Robert Heinlein's model of citizenship as an analytical framework for examining the historical treatment of Filipino veterans of World War II. The Author Heinlein's conception of citizenship in Starship Troopers was one in which a person can acquire citizenship only through a term of service in the state's armed forces. Similarly, the United States provided immediate eligibility for citizenship to World War II era foreign veterans, but it effectively excluded Filipino veterans from this benefit. The Author examines how the plenary power doctrine in immigration law, has quashed legal challenges by …
Grotius Repudiated: The American Objections To The International Criminal Court And The Commitment To International Law, Marcell David
Grotius Repudiated: The American Objections To The International Criminal Court And The Commitment To International Law, Marcell David
Michigan Journal of International Law
This article analyzes the American objections to the Statute. Part I describes the historical precedents for a permanent international criminal court and the drafting process undertaken. Part I concludes with a summary of the sections of the Statute which are implicated by the American objections. These statutory sections include the Statute's definitions of crimes, the role of the Prosecutor, the Court's anticipated relationship with the U.N. Security Council, and the Court's anticipated jurisdiction over states not party to the Statute. Part II selects three recent or current instances where the United States has used armed force, and analyzes the claims …
Convergence And Competition: The Case Of Bank Regulation In Britain And The United States, Heidi Mandanis Schooner, Michael Taylor
Convergence And Competition: The Case Of Bank Regulation In Britain And The United States, Heidi Mandanis Schooner, Michael Taylor
Michigan Journal of International Law
This Article consists of four main parts. Part I introduces the convergence by competition model as it applies to the regulation of financial institutions and sets the stage for the test case application of the model to the regulatory systems in the United States and United Kingdom. Part II provides a comparative history of bank regulation in Britain and the United States. Central to our argument is the proposition that, even in the presence of globalized financial markets and the opportunities for rule competition brought in their wake, the bank regulatory systems of the United States and Britain continue to …
The Limited Public Offer In German And U.S. Securities Law: A Comparative Analysis Of Prospectus Act Section 2(2) And Rule 505 Of Regulation D, David B. Guenther
The Limited Public Offer In German And U.S. Securities Law: A Comparative Analysis Of Prospectus Act Section 2(2) And Rule 505 Of Regulation D, David B. Guenther
Michigan Journal of International Law
This Note examines the "limited circle of persons" exception in section 2(2) of the Prospectus Act in comparison to similar provisions of U.S. federal securities law, particularly Section 3(b) of the Securities Act of 1933 (the "Securities Act") and Rule 505 of Regulation D ("Rule 505"). Comparison of the Prospectus Act to U.S. securities law seems both warranted and useful. Certain aspects of German securities law are broadly modeled on U.S. precedents. U.S. securities laws reflect more than sixty-five years of experience defining (and re-defining) public and limited public offers and private placements. U.S. securities regulators have also displayed in …
The Legal History Of The State Of Missouri, Honorable Joseph J. Simeone
The Legal History Of The State Of Missouri, Honorable Joseph J. Simeone
Saint Louis University Law Journal
No abstract provided.
The Independent Counsel Statute: A Legal History, Benjamin J. Priester, Paul G. Rozelle, Mirah A. Horowitz
The Independent Counsel Statute: A Legal History, Benjamin J. Priester, Paul G. Rozelle, Mirah A. Horowitz
Law and Contemporary Problems
Priester et al provide a comprehensive legal history of the independent counsel statute from its inception in 1978 until its apparent last hurrah in 1999. They also explore the role of the independent counsel in the history and practice of the government's evidentiary privileges.
Facing History, Facing Ourselves: Eric Yamamoto And The Quest For Justice, Robert S. Change
Facing History, Facing Ourselves: Eric Yamamoto And The Quest For Justice, Robert S. Change
Michigan Journal of Race and Law
Review of Interracial Justice: Conflict and Reconciliation in Post-Civil Rights America by Eric Yamamoto
Reflections On The Mjil Special Issue, John H. Jackson
Reflections On The Mjil Special Issue, John H. Jackson
Michigan Journal of International Law
A reflection on this special issue of Michigan Journal of International Law and its subject by Professor John H. Jackson.
Customary International Law And Human Rights Treaties Are Law Of The United States, Jordan J. Paust
Customary International Law And Human Rights Treaties Are Law Of The United States, Jordan J. Paust
Michigan Journal of International Law
The Founders clearly expected that the customary law of nations was binding, was supreme law, created (among others) private rights and duties, and would be applicable in United States federal courts. For example, at the time of the formation of the Constitution John Jay had written: "Under the national government… the laws of nations, will always be expounded in one sense… [and there is] wisdom… in committing such questions to the jurisdiction and judgment of courts appointed by and responsible only to one national government...” In 1792, the supremacy of the customary law of nations within the United States was …
Sovereignty, Compliance, And The World Trade Organization: Lessons From The History Of Supreme Court Review, Mark L. Movsesian
Sovereignty, Compliance, And The World Trade Organization: Lessons From The History Of Supreme Court Review, Mark L. Movsesian
Michigan Journal of International Law
This article explores the nineteenth-century conflict over Supreme Court review and discusses its implications for today's debate on the WTO. Congress granted the Court appellate jurisdiction over state courts in one of its earliest pieces of legislation, the Judiciary Act of 1789. The first serious challenge to that jurisdiction occurred about a quarter-century later, however, in connection with the Court's famous opinion in Martin v. Hunter's Lessee. The conflict continued episodically for the next four decades, with several states refusing to acknowledge the Court's jurisdiction in particular cases, and ended only with the Civil War, which resolved this and …
Damned To The Inferno? A New Vision Of Lawyers At The Dawning Of The Millennium, Robert J. Cosgrove
Damned To The Inferno? A New Vision Of Lawyers At The Dawning Of The Millennium, Robert J. Cosgrove
Fordham Urban Law Journal
This Article seeks to explain the negative perception the legal profession and lawyers have in the eyes of the American public. Disregarding common answers such as the disproportionate amount of influence lawyers have or high salaries and extravagant lifestyles, this Article argues that a cultural shift has led many Americans to see the law as an arbitrary device. Consequently, this belief is reinforced by lawyers and and perpetuated by law schools, leading to the negative perception of the legal profession. In the process, the Article addresses five main issues: the definition and purpose of the law, the republican theory of …
Federalism For The New Millennium: Accounting For The Values Of Federalism, Dennis M. Cariello
Federalism For The New Millennium: Accounting For The Values Of Federalism, Dennis M. Cariello
Fordham Urban Law Journal
This Article explores the long and intricate history of federalism, the arrangement between the federal and local governments to serve the people, in the United States. It begins with the beginnings of federalism in pre-colonial times and continues to discuss how recent Supreme Court decisions have failed to articulate a cohesive test for federalism issues. Ultimately, the Article proposes a method for resolving federalism disputes. This method focuses on the sociopolitical and economic benefits of federalism as the Framers intended. Further, it argues that courts should inquire as to the utility of either the federal or local government regulating a …