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2000

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Full-Text Articles in Law

"Working" With The Ada's "Regarded As" Definition Of A Disability, Thomas E. Simmons Dec 1999

"Working" With The Ada's "Regarded As" Definition Of A Disability, Thomas E. Simmons

Thomas E. Simmons

The Americans with Disabilities Act of 1990 prohibits discrimination against and mandates accommodations for individuals with disabilities.  As a threshold matter, the Act requires the plaintiff to demonstrate that she is an individual with a disability; that is, that she has an actual disability or is "regarded as" having a disability as the statute defines it.  This article discusses the threshold "regarded as" showing as refined by  three Supreme Court cases decided in the summer of 1999. Although in the past the "regarded as" definition has often played "second fiddle" to the "actual disability" definition, the author suggests that there …

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How Medication Affects The Existence Of An Ada Disability, Tom E. Simmons Dec 1999

How Medication Affects The Existence Of An Ada Disability, Tom E. Simmons

Thomas E. Simmons

No abstract provided.

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Critical Race Theory And International Law: Convergence And Divergence, Ruth Gordon Dec 1999

Critical Race Theory And International Law: Convergence And Divergence, Ruth Gordon

Ruth Gordon

No abstract provided.

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Responsabilidad Extracontractual Y Otras Fuentes De Reparación De Daños "Collateral Source Rule" Y Afines, Fernando Gómez Dec 1999

Responsabilidad Extracontractual Y Otras Fuentes De Reparación De Daños "Collateral Source Rule" Y Afines, Fernando Gómez

Fernando Gómez Pomar

No abstract provided.

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Nato Intervention On Trial: The Legal Case That Was Never Made, Paul Williams, Michael Scharff Dec 1999

Nato Intervention On Trial: The Legal Case That Was Never Made, Paul Williams, Michael Scharff

Paul Williams

The United States and its NATO allies have defended the air strikes against Yugoslavia on moral grounds (to stop atrocities) and security grounds (to prevent the conflict from spilling over to neighboring European countries), but curiously they have never articulated a legal justification for the intervention. The nearest the NATO countries have come to articulating a legal rationale has been to cite various resolutions of the Security Council, in which the Council has determined that the actions of Yugoslavia in Kosovo constitute a threat to peace and security in the region and, pursuant to Chapter VII of the UN Charter, …

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Commentary: The 21st Century, Tila Style, Alvin C. Harrell Dec 1999

Commentary: The 21st Century, Tila Style, Alvin C. Harrell

Alvin C. Harrell

No abstract provided.

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Ucc Article 4a, Alvin C. Harrell Dec 1999

Ucc Article 4a, Alvin C. Harrell

Alvin C. Harrell

No abstract provided.

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Nccusl Articles 3, 4, And 4a Drafting Committee Highlights Current Payment System And Negotiable Instrument Issues, Alvin C. Harrell Dec 1999

Nccusl Articles 3, 4, And 4a Drafting Committee Highlights Current Payment System And Negotiable Instrument Issues, Alvin C. Harrell

Alvin C. Harrell

No abstract provided.

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Revocation Of Acceptance Under U.C.C. Section 2-608 As A Remedy In A Consumer Sales Transaction Involving Conflicting Oral Quality Representations And Standardized Quality Warranty Disclaimer Language, Alvin C. Harrell, Peter G. Dillon Dec 1999

Revocation Of Acceptance Under U.C.C. Section 2-608 As A Remedy In A Consumer Sales Transaction Involving Conflicting Oral Quality Representations And Standardized Quality Warranty Disclaimer Language, Alvin C. Harrell, Peter G. Dillon

Alvin C. Harrell

No abstract provided.

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Introduction To Symposium On Revised Ucc Article 9, Alvin C. Harrell Dec 1999

Introduction To Symposium On Revised Ucc Article 9, Alvin C. Harrell

Alvin C. Harrell

No abstract provided.

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Ucita: Opportunity Or Obstruction, Alvin C. Harrell Dec 1999

Ucita: Opportunity Or Obstruction, Alvin C. Harrell

Alvin C. Harrell

No abstract provided.

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Commentary: Predatory Lending, Alvin C. Harrell Dec 1999

Commentary: Predatory Lending, Alvin C. Harrell

Alvin C. Harrell

No abstract provided.

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Rethinking Our Vision Of Law Practice, Phyllis E. Bernard Dec 1999

Rethinking Our Vision Of Law Practice, Phyllis E. Bernard

Phyllis E. Bernard

No abstract provided.

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Book Review, Lawrence Susskind Et Al., The Consensus-Building Handbook, 1999, Phyllis E. Bernard Dec 1999

Book Review, Lawrence Susskind Et Al., The Consensus-Building Handbook, 1999, Phyllis E. Bernard

Phyllis E. Bernard

No abstract provided.

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Ucc Article 4 And Regulation Cc: Can They Ever Be Reconciled?, Alvin C. Harrell Dec 1999

Ucc Article 4 And Regulation Cc: Can They Ever Be Reconciled?, Alvin C. Harrell

Alvin C. Harrell

No abstract provided.

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Introduction To The 2000 Annual Survey Of Consumer Financial Services Law, Alvin C. Harrell, Frederick H. Miller, Amy Bizar Dec 1999

Introduction To The 2000 Annual Survey Of Consumer Financial Services Law, Alvin C. Harrell, Frederick H. Miller, Amy Bizar

Alvin C. Harrell

No abstract provided.

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Arbitrator Liability: Reconciling Arbitration And Mandatory Rules, Andrew T. Guzman Dec 1999

Arbitrator Liability: Reconciling Arbitration And Mandatory Rules, Andrew T. Guzman

Andrew T Guzman

In this Article, Professor Guzman resolves the tension that exists between mandatory legal rules and the widespread use of arbitration. In recent years, U.S. courts have expanded the range of enforceable arbitration agreements to include agreements that cover areas of law previously thought to be within the exclusive domain of courts. Among the disputes that are now deemed arbitrable are those that implicate mandatory rules such as securities and antitrust laws. Under current law, the willingness of courts to enforce arbitration agreements and to uphold the resulting arbitral awards with minimal judicial review makes it possible for the parties to …

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International Bankruptcy: In Defense Of Universalism, Andrew T. Guzman Dec 1999

International Bankruptcy: In Defense Of Universalism, Andrew T. Guzman

Andrew T Guzman

No abstract provided.

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Appellant's Brief (With Students), Standifer V. Reese, 2000 U.S. App. Lexis 23324 (9th Cir.) (2000), Charles D. Weisselberg Dec 1999

Appellant's Brief (With Students), Standifer V. Reese, 2000 U.S. App. Lexis 23324 (9th Cir.) (2000), Charles D. Weisselberg

Charles D Weisselberg

No abstract provided.

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Brief Of Law Professors As Amici Curiae (With Co-Counsel And Students), Ma V. Reno, 208 F.3d 815 (9th Cir.) (2000), Charles D. Weisselberg Dec 1999

Brief Of Law Professors As Amici Curiae (With Co-Counsel And Students), Ma V. Reno, 208 F.3d 815 (9th Cir.) (2000), Charles D. Weisselberg

Charles D Weisselberg

No abstract provided.

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Brief Of Amicus Curiae, National Legal Aid And Defender Association (With Co-Counsel), Dickerson V. United States, 530 U.S. 428 (2000), Charles D. Weisselberg Dec 1999

Brief Of Amicus Curiae, National Legal Aid And Defender Association (With Co-Counsel), Dickerson V. United States, 530 U.S. 428 (2000), Charles D. Weisselberg

Charles D Weisselberg

No abstract provided.

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A Survey Of Legal Ethics Education In Law Schools, Laurel S. Terry Dec 1999

A Survey Of Legal Ethics Education In Law Schools, Laurel S. Terry

Laurel S. Terry

This book chapter, which was published in 2000, provides an overview of legal ethics education in U.S. law schools. Since 1974, legal ethics instruction has been required in law schools by the major accrediting body for law schools. The methods by which this require­ment has been satisfied vary, but the result is a much richer ethics literature than existed previously and a variety of approaches to the topic. This book chapter begins with an overview of the regulation of U.S. lawyers. The second section discusses the history of the legal ethics course requrirement. This section includes data from surveys published in …

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German Mdps: Lessons To Learn, Laurel S. Terry Dec 1999

German Mdps: Lessons To Learn, Laurel S. Terry

Laurel S. Terry

This article is the third of four major articles or book chapters that I have written about MDPs. This article focuses on German multidisciplinary partnerships (MDPs) between lawyers and accountants. The German MDP experience is important because Germany is one of the few jurisdictions that expressly permits MDPs and because conferences about World Trade Organization's General Agreement on Trade in Services (the GATS) have cited to Germany when suggesting that other countries' MDP bans may be unnecessarily restrictive. After introducing common MDP regulatory issues, this article focuses on Germany. The article explains Germany's current regulation of MDPs and provides a …

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Revisiting Gay Rights Coalition Of Georgetown Law Center V. Georgetown University A Decade Later: Free Exercise Challenges And The Nondiscrimination Laws Protecting Homosexuals, Matthew J. Parlow Dec 1999

Revisiting Gay Rights Coalition Of Georgetown Law Center V. Georgetown University A Decade Later: Free Exercise Challenges And The Nondiscrimination Laws Protecting Homosexuals, Matthew J. Parlow

Matthew Parlow

Using the controversial 1987 case between Georgetown University and a gay and lesbian student organization as a backdrop, this article analyzes the free exercise rights of religiously-affiliated colleges and universities and their ability to discriminate against gay and lesbian student groups. The article tracks the jurisprudential development of free exercise challenges and details why current United States Supreme Court precedent provides little protection for such colleges and universities. Given the weakened state of free exercise rights, this article examines what rights and protections, if any, gays and lesbians have under the Fourteenth Amendment's Equal Protection Clause and local and state …

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Late Spring Haiku In Rhyme/Haiku For The Birds (Poems), Frank Pommersheim Dec 1999

Late Spring Haiku In Rhyme/Haiku For The Birds (Poems), Frank Pommersheim

Frank Pommersheim

No abstract provided.

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Revocation Of Acceptance Under U.C.C. Section 2-608 As A Remedy In A Consumer Sales Transaction Involving Conflicting Oral Quality Representations And Standardized Quality Warranty Disclaimer Language, Peter G. Dillon, Alvin C. Harrell Dec 1999

Revocation Of Acceptance Under U.C.C. Section 2-608 As A Remedy In A Consumer Sales Transaction Involving Conflicting Oral Quality Representations And Standardized Quality Warranty Disclaimer Language, Peter G. Dillon, Alvin C. Harrell

Peter G. Dillon

No abstract provided.

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'Vigilant Protection' Of The Olympic Brand - Too Fast, Too High, Too Strong?, Neil J. Foster Dec 1999

'Vigilant Protection' Of The Olympic Brand - Too Fast, Too High, Too Strong?, Neil J. Foster

Neil J Foster

Discusses some cases where "over-zealous" protection of the "Olympics" brand may have been contrary to the public interest.

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Guest Editor's Introduction To The Symposium: War And The United States Military, Kenneth Anderson Dec 1999

Guest Editor's Introduction To The Symposium: War And The United States Military, Kenneth Anderson

Kenneth Anderson

Millennia come and millennia go, and the fact of war remains unchanged. People still fight for territory, the land of their fathers, Lebensraum, control of the seas, gold, silver and diamonds, oil, water, pillage and the spoils of war, resources of all kinds, the glorification of leaders, gods of many faiths, politics, ideology, conquest, the establishment, peace and stability of empires, the right to be left alone, and sometimes, so we are told, justice, resistance to aggression, and the preservation of peace. Measured in millennial time, very little about war has changed, and, further, nothing distinguished the passage from 1999 …

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Juvenile Justice Or Injustice? The Debate Over Reform, Gerald Lebovits Dec 1999

Juvenile Justice Or Injustice? The Debate Over Reform, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

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Arbitration And Assimilation, Stephen Ware Dec 1999

Arbitration And Assimilation, Stephen Ware

Stephen Ware

Arbitration is not necessarily antithetical to the assimilation of different groups. While intra-group arbitration allows for various groups to separate into their own cocoons, general arbitration can be the handmaiden of assimilation. Both types of arbitration deserve to flourish.

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