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Full-Text Articles in Law
A Mosquito In The Ointment: Adverse Hipaa Implications For Health-Related Remote Sensing Research And A "Reasonable" Solution, Paul M. Secunda
A Mosquito In The Ointment: Adverse Hipaa Implications For Health-Related Remote Sensing Research And A "Reasonable" Solution, Paul M. Secunda
Faculty Publications
No abstract provided.
The Correlation Between Team Payroll And Competitive Performance In Professional Sports Leagues, Ralph C. Anzivino
The Correlation Between Team Payroll And Competitive Performance In Professional Sports Leagues, Ralph C. Anzivino
Faculty Publications
No abstract provided.
Teachable Moments For Teachers…Teaching Students About The Legal Reader: The Reader Who Won’T Be Taken For A Ride, Jessica E. Slavin
Teachable Moments For Teachers…Teaching Students About The Legal Reader: The Reader Who Won’T Be Taken For A Ride, Jessica E. Slavin
Faculty Publications
No abstract provided.
Crusading Hero, Devoted Teacher, And Sympathetic Failure: The Self-Image Of The Law Professor In Hollywood Cinema And In Real Life, Too, David Ray Papke
Crusading Hero, Devoted Teacher, And Sympathetic Failure: The Self-Image Of The Law Professor In Hollywood Cinema And In Real Life, Too, David Ray Papke
Faculty Publications
No abstract provided.
Federalism And Drug Control, Michael M. O'Hear
Federalism And Drug Control, Michael M. O'Hear
Faculty Publications
No abstract provided.
Book Review: Every Writer’S Guide To Copyright And Publishing Law 3d Ed., Ramon A. Klitzke
Book Review: Every Writer’S Guide To Copyright And Publishing Law 3d Ed., Ramon A. Klitzke
Faculty Publications
No abstract provided.
Protective Assistance For Elders: Maine Experience And Comparisons, Alison Barnes
Protective Assistance For Elders: Maine Experience And Comparisons, Alison Barnes
Faculty Publications
This thoughtful analysis of Maine's Adult Protective Services for the elderly encompasses statutes involved, services provided, those who can be served, required reporting, emergency interventions, and possible sources of funding. Methods for preventing abuse and exploitation are examined. Barnes discusses legal remedies concerning misappropriated funds as well as civil and criminal actions against abusers. The reasons for self neglect and refusal of care are also explored.
Multiculturalism And The Future Of Tribal Sovereignty, Scott C. Idleman
Multiculturalism And The Future Of Tribal Sovereignty, Scott C. Idleman
Faculty Publications
American Indian tribes would appear to be natural constituents and beneficiaries of the multiculturalism movement. Their members are generally conceptualized as racial or ethnic minorities; they have endured social and legal oppression and continue to encounter structural and even intentional discrimination; and, not least importantly, they possess genuinely different cultures and consequently add diverse perspectives to society. Despite this apparent fit, this Article questions the extent to which tribes and tribal members actually should align themselves with multicultural proponents and initiatives. The basis for this inquiry is that, unlike other societal subgroups, each recognized tribe is a distinct geopolitical entity …
Sentencing The Green-Collar Offender: Punishment, Culpability, And Environmental Crime, Michael M. O'Hear
Sentencing The Green-Collar Offender: Punishment, Culpability, And Environmental Crime, Michael M. O'Hear
Faculty Publications
No abstract provided.
Must The Irs Individually Assess The General Partners To Collect The Partnership's Delinquent Employment Taxes?, Ralph C. Anzivino
Must The Irs Individually Assess The General Partners To Collect The Partnership's Delinquent Employment Taxes?, Ralph C. Anzivino
Faculty Publications
No abstract provided.
Can States Prohibit Municipalities From Offering Commercial Telephone Services To The Public?, Ralph C. Anzivino
Can States Prohibit Municipalities From Offering Commercial Telephone Services To The Public?, Ralph C. Anzivino
Faculty Publications
No abstract provided.
Are All Of The Act's Requirements For Attorney Fee Applications Jurisdictional In Nature?, Jay E. Grenig
Are All Of The Act's Requirements For Attorney Fee Applications Jurisdictional In Nature?, Jay E. Grenig
Faculty Publications
No abstract provided.
When Can A U.S. Court Order Production Of Materials For Use In A Foreign Authority's Investigation?, Jay E. Grenig
When Can A U.S. Court Order Production Of Materials For Use In A Foreign Authority's Investigation?, Jay E. Grenig
Faculty Publications
No abstract provided.
How Can A Prison Inmate Challenge The Procedures For Carrying Out His Imminent Execution?, Jay E. Grenig
How Can A Prison Inmate Challenge The Procedures For Carrying Out His Imminent Execution?, Jay E. Grenig
Faculty Publications
No abstract provided.
Politics Not As Usual: Inherently Destructive Conduct, Institutional Collegiality, And The National Labor Relations Board, Paul M. Secunda
Politics Not As Usual: Inherently Destructive Conduct, Institutional Collegiality, And The National Labor Relations Board, Paul M. Secunda
Faculty Publications
The National Labor Relations Board (Board or NLRB) is a collegial administrative body whose adjudications are not significantly tainted by the blight of political bias. Nonetheless, it has been roundly assumed by most commentators that the Board engages in politically motivated decisionmaking because of the natural affinity between conservative Republican Board Members and employers on the one hand, and liberal Democratic Board Members and unions and individual employees on the other.
Yet, this Article's empirical study of agency adjudication at the NLRB - involving a comprehensive examination of all Board cases implementing the highly indeterminate inherently destructive conduct standard - …
Taking And Using Depositions Before Action Or Pending Appeal In Federal Court, Jay E. Grenig
Taking And Using Depositions Before Action Or Pending Appeal In Federal Court, Jay E. Grenig
Faculty Publications
No abstract provided.
Localization And Transparency In Sentencing: Reflections On The New Early Disposition Departure, Michael M. O'Hear
Localization And Transparency In Sentencing: Reflections On The New Early Disposition Departure, Michael M. O'Hear
Faculty Publications
A newly authorized "early disposition departure" permits federal judges to reduce the sentences of criminal defendants who plead guilty quickly pursuant to a locally adopted early disposition program. The new departure mechanism provides the first formal mandate in the United States Sentencing Guidelines for "localization," that is, adjusting the sentences of federal defendants based on local circumstances. This paper provides a defense of localization, and suggests that localization may be reconciled with the Guidelines' overriding objective of transparency in sentencing. The early disposition departure provides a model of "transparent localization," but could be reformed so as to offer both transparency …
Getting To The Nexus Of The Matter: A Sliding Scale Approach To Faculty-Student Consensual Relationship Policies In Higher Education, Paul M. Secunda
Getting To The Nexus Of The Matter: A Sliding Scale Approach To Faculty-Student Consensual Relationship Policies In Higher Education, Paul M. Secunda
Faculty Publications
A prominent law dean is forced to resign over an alleged sexual affair with a student; a writing instructor details in a national magazine his steamy affair with his married student; a student stalks her male professor after he ends their sexual relationship and the criminal stalking charges against her are only dropped when she agrees to voluntarily leave the country. Increasingly, such tantalizing scandals are making their way into the nation's daily consciousness. Yet, behind all of these shocking tales of decadence lays the very real dilemma as to how college and university administrators should regulate consensual relationships between …
The Origins Of The American Public Trust Doctrine: What Really Happened In Illinois Central, Joseph D. Kearney, Thomas W. Merrill
The Origins Of The American Public Trust Doctrine: What Really Happened In Illinois Central, Joseph D. Kearney, Thomas W. Merrill
Faculty Publications
No abstract provided.
Does Congress Have The Authority To Abrogate A State's Sovereign Immunity Under The Constitution's Bankruptcy Clause?, Ralph C. Anzivino
Does Congress Have The Authority To Abrogate A State's Sovereign Immunity Under The Constitution's Bankruptcy Clause?, Ralph C. Anzivino
Faculty Publications
No abstract provided.
Appellate Courts, Historical Facts, And The Civil-Criminal Distinction, Chad M. Oldfather
Appellate Courts, Historical Facts, And The Civil-Criminal Distinction, Chad M. Oldfather
Faculty Publications
The standard justification for the general prohibition against the evaluation of facts by appellate courts centers on those courts' perceived incompetence, relative to trial-level fact finders, to engage in the task. This Article examines that justification and finds it wanting. While trial courts and juries are indeed better-positioned to assess much of what takes place at trial, this advantage is not universal. An appellate court's access to and reliance on a transcript of the proceedings below confers on it certain advantages not only because it aids in information retention, but also because its textual basis allows the court to perform …