Law Commons^™

Ethics And The Settlement Of Mass Torts: When The Rules Meet The Road, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

The settlement of mass torts through the class action device presents some difficult and troubling issues, including important questions of due process, fairness, justice, efficiency, equality, equity, and ethics. In this context, some of these foundational values conflict with each other and must be "resolved" by judges who must decide actual cases. In analyzing the applicable laws and rules (class action rules, constitutional provisions, and ethics rules) we find answers or suggestions that are often ambiguous or contradictory. All of these unresolved ambiguities raise the question of whether mass torts are any different from any number of difficult cases our …

Ten Arguments For The Abolition Of Regulatory Takings Doctrine, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

The Takings Clause of the Fifth Amendment prohibits the federal government from "taking" property for a public purpose without paying just compensation. The Supreme Court has come to interpret the clause to require that the government compensate real property owners in some unclear class of cases when regulation of the property has resulted in severe economic losses. The proposition that regulation alone, without appropriation, occupation, or use by the government, can work a taking is known as the "regulatory takings" doctrine.

Lani Guinier And The Dilemmas Of American Democracy, Richard Briffault

Faculty Scholarship

Lani Guinier, an experienced voting rights litigator and a professor of law at the University of Pennsylvania Law School, first came to national attention in the spring of 1993 when President Clinton nominated her to be assistant attorney general for civil rights. Labelled a "quota queen" by the Wall Street Journal, Guinier became the target of a fervent campaign to block her nomination. For several weeks, Guinier's law review articles on voting rights were the focus of a fierce national debate. Politicians and pundits expounded on her publications and spread snippets from her scholarship across the front pages and opinion …

Class Wars: The Dilemma Of The Mass Tort Class Action, John C. Coffee Jr.

Faculty Scholarship

Legal change – like organic evolution – can occur at varying paces. Long periods of gradual evolution are sometimes punctuated by brief moments of rapid, irregular change. Recent developments in class action practice bear witness to this phenomenon: during the 1990s, evolution has given way to mutation. At least with respect to mass torts, the development of the class action had been slow and halting. Well into the 1980s, federal courts uniformly resisted attempts to certify such mass tort class actions, largely out of concern that the interests of the individual litigant would be submerged within any large-scale proceeding. By …

The Four Doctrines Of Self-Executing Treaties, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

A distinction has become entrenched in United States law between treaties that are "self-executing" and those that are not. The precise nature of this distinction--indeed, its very existence--is a matter of some controversy and much confusion. More than one lower federal court has pronounced the distinction to be the "most confounding" in the United States law of treaties. A tremendous amount of scholarship has sought to clarify this distinction, but the honest observer cannot but agree with John Jackson's observation that " [t]he substantial volume of scholarly writing on this issue has not yet resolved the confusion" surrounding it. The …

Book Review Of Justice Oliver Wendell Holmes: Law And The Inner Self, By Edward White., Edward A. Purcell Jr.

Other Publications

No abstract provided.

Chapter 5: Unions, Finance, And Labor's Capital, Peter R. Pitegoff

Faculty Publications

Events in recent decades have dramatized the need for labor attention beyond narrow issues of wages and working conditions. In the face of widespread industrial disinvestment, unions have been hard-pressed to protect the job status or employment, or the future of their members. At the same time, the developing labor law has narrowed the range of bargaining opportunities for unions to affect corporate decisions-the very decisions that result in job dislocations and corporate transformations. The effectiveness of strikes has been undermined by growing use of permanent replacement workers.

To thrive in the coming decades, unions must carve out a new …

The Struggle For Effective Anti-Crime Legislation—An Analysis Of The Violent Crime Control And Law Enforcement Act Of 1994, Bill Mccollum

University of Dayton Law Review

Symposium: Violent Crime Control and Law Enforcement Act of 1994

I. The Assault Weapons Ban, University Of Dayton

University of Dayton Law Review

Symposium: Violent Crime Control and Law Enforcement Act of 1994: I. The Assault Weapons Ban

The Racial Justice Act—A Simple Matter Of Justice, Don Edwards, John Conyers Jr.

University of Dayton Law Review

Symposium: Violent Crime Control and Law Enforcement Act of 1994: II. The Racial Justice Act

"Three-Strikes-And-You're-Out"—Mandatory Life Imprisionment For Third Time Felons, Nkechi Taifa

University of Dayton Law Review

Symposium: Violent Crime Control and Law Enforcement Act of 1994: III. The Three-Strikes-and-You're-Out Provision

Iv. Social Spending And Crime Prevention Programs, University Of Dayton

University of Dayton Law Review

Symposium: Violent Crime Control and Law Enforcement Act of 1994: IV. Social Spending and Crime Prevention Programs

Truth In Sentencing—Why States Should Make Violent Criminals Do Their Time, James Wootton

University of Dayton Law Review

Symposium: Violent Crime Control and Law Enforcement Act of 1994: VI. Sentencing

Table Of Contents

Seton Hall Law Review

No abstract provided.

Futility And Medical Professionalism, Steven Miles

Seton Hall Law Review

No abstract provided.

Medical Futility Judgments: Discriminating Or Discriminatory?, Giles R. Scofield

Seton Hall Law Review

No abstract provided.

Religious Reasoning In Health Care Resource Management: The Case Of Baby K, Philip J. Boyle

Seton Hall Law Review

No abstract provided.

"And You Shall Choose Life" - Futility And The Religious Duty To Preserve Life, Marc D. Stern

Seton Hall Law Review

No abstract provided.

Praying For Baby Rena: Religious Liberty, Medical Futility, And Miracles, David M. Smolin

Seton Hall Law Review

No abstract provided.

Automobile Insurance Reform In New Jersey: Could A Pure No-Fault System Provide A Final Solution?, Megan K. Gajewski

Seton Hall Law Review

No abstract provided.

Book Review, Brian M. O'Connell

Seton Hall Law Review

No abstract provided.

Table Of Contents

Seton Hall Law Review

No abstract provided.

Public, Educational, And Governmental Acces On Cable Television: A Model To Assure Reasonable Access To The Information Superhighway For All People In Fulfillment Of The First Amendment Guarantee Of Free Speech, James N. Horwood

Seton Hall Law Review

No abstract provided.

First Amendment Issues Presented By The "Information Superhighway", Norman Redlich, David R. Lurie

Seton Hall Law Review

No abstract provided.

Controlling Guns: A Call For Consistency In Judicial Review Of Challenges To Gun Control Legislation, Michelle Capezza

Seton Hall Law Review

No abstract provided.

Constitutional Law - First Amendment - Injunction Provisions Establishing Both A Thirty-Six-Foot Buffer Zone Around An Abortion Clinic Entrance And Driveway And Limited Noise Restrictions Do Not Violate The First Amendment, But Other Provisions Of The Injunction Are Unconstitutional - Madsen V. Women's Health Center, Inc., 114 S. Ct. 2516 (1994)., Ben A. Montenegro

Seton Hall Law Review

No abstract provided.

Evidence - Privileged Communications - The Marital Communications Privilege Does Not Preclude A Third Party From Testifying As To The Contents Of A Written Interspousal Communication And The Priest Is The Sole Holder Of The Priest-Penitent Privilege And Can Waive That Privilege Without The Consent Of The Penitent - State V. Szemple, 135 N.J. 406, 640 A.2d 817 (1994)., Kristina K. Pappa

Seton Hall Law Review

No abstract provided.

Constitutional Law - Fourteenth Amendment - The Fourth Amendment, Rather Than Substantive Due Process, Must Be Used To Judge A § 1983 Claim Alleging A Violation Of An Individual's Right To Freedom From Prosecution Without Probable Cause - Albright V. Oliver, 114 S. Ct. 807 (1994)., Michael T. Carton

Seton Hall Law Review

No abstract provided.

Survey Of Recent Developments In New Jersey Law

Seton Hall Law Review

No abstract provided.

Standards Of Professional Conduct In Alternative Dispute Resolution, John Feerick, Carol Izumi, Kimberlee Kovach, Lela Love, Robert Moberly, Leonard Riskin, Edward Sherman

Articles

No abstract provided.