Law Commons^™

The Exemption From Patent Infringement And Declaratory Judgments: Misinterpretation Of Legislative Intent?, Amy Stark

San Diego Law Review

This Comment explores the Drug Price Competition and Patent Term Restoration Act of 1984. This statute was enacted to encourage expenditure in the areas of pharmaceutical and medical inventions, and to ensure greater competition in these fields at an earlier date after relevant patents expire. The author argues that courts' interpretations of this act may be preventing these original goals of Congress from being met. Several courts have based denial of declaratory judgments upon this statute. The author argues that if the statute is interpreted as requiring the denial of all declaratory judgment suits, the statute may actually discourage companies …

Maine Women's Lobby News Letter (1994 - November) No. 9, Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.

A Judicial Blow For "Jane Crowism" At The Citadel In Faulkner V. Jones, Sara L. Mandelbaum

Northern Illinois University Law Review

The Citadel, the military college of South Carolina, and the Virginia Military Institute, two bastions of male privilege in the South, are fighting to keep women out with vengeance reminiscent of the era of massive resistance. This article, a portion of a longer article in progress, delineates the major constitutional questions raised by these cases from the point of view of counsel to Shannon Faulkner, the young woman who sued for admission to The Citadel. As one federal judge has recognized, these cases are not so much about education as about "wealth, power, and the ability of those who have …

Rule 11: Entering A New Era, William W. Schwarzer

Loyola of Los Angeles Law Review

No abstract provided.

The Ucc Process—Consensus And Balance, Carlyle C. Ring Jr.

Loyola of Los Angeles Law Review

No abstract provided.

Plain English Will Set The Ucc Free, Steven O. Weise

Loyola of Los Angeles Law Review

No abstract provided.

Hamlet Ii: The Sequel: The Rights Of Authors Vs. Computer-Generated Read-Alike Works, Tal Vigderson

Loyola of Los Angeles Law Review

No abstract provided.

Williams V. Garcetti: Constitutional Defects In California's Gang-Parent Liability Statute, Sharon A. Ligorsky

Loyola of Los Angeles Law Review

No abstract provided.

Foreword—Third Annual Fritz B. Burns Lecture On Rule 11 Reform: Progress Or Retreat On Attorney Sanctions, Daniel E. Lazaroff

Loyola of Los Angeles Law Review

No abstract provided.

Defining Good Faith Letter Of Credit Practices, James G. Barnes

Loyola of Los Angeles Law Review

No abstract provided.

Waiving Goodbye To The Ucc: A Proposal To Restrict The Continuing Erosion Of Rights Under An Imperfect Code, Daniel A. Gecker, Kevin R. Huennekens

Loyola of Los Angeles Law Review

No abstract provided.

Article 9 Works—How Come, Howard Ruda

Loyola of Los Angeles Law Review

No abstract provided.

Gratifying Rules Of Grammar, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

No abstract: rules of grammar in list form

Certainty, Efficiency, And Realism: Rights In Collateral Under Article 9 Of The Uniform Commercial Code, Margit Livingston

College of Law Faculty

Article 9 of the Uniform Commercial Code requires that the debtor have "rights in the collateral" for the attachment of a security interest. The drafters, however, left the determination of the phrase's meaning to the courts. This article argues that the requirement of "rights in the collateral" is unnecessary as it relates to tangible goods and should be deleted from Article 9. As an alternative to the uncertainty engendered by the phrase, the article proposes substituting a set of notice and priority rules that more clearly define the rights and obligations of the parties undertaking an Article 9 transaction involving …

The Forum (Volume 25, Number 3), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

Goals 2000: Educate America Act: The Federalization And Legalization Of Educational Policy, Michael Heise

Cornell Law Faculty Publications

No abstract provided.

Racist Speech, Outsider Jurisprudence, And The Meaning Of America, Steven H. Shiffrin

Cornell Law Faculty Publications

The Illinois Parentage Act: Constitutional?, Stephen A. Stobbs

Northern Illinois University Law Review

In Illinois, a putative father's relationship with his child can be arbitrarily terminated by the State. A man who fathers a child and abandons both the mother and child is subject to court termination of his parental rights. However, the same person can actively care for and participate in every way with his child's rearing, and still be subject to court termination of his relationship. In essence, the rule in Illinois is that a father's parental rights are not dependent on the relationship he has with his child, but rather, on a law which ignores the nature of their relationship. …

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.

Environmental Compliance: Negotiating The Regulatory Maze, Richard F. Chatfield-Taylor

Journal of Environmental and Sustainability Law

No abstract provided.

Cases To Watch And Legislative Summaries

Journal of Environmental and Sustainability Law

No abstract provided.

Looking The Gift Horse In The Mouth: Wild Horse Management In Ozark National Scenic Riverways. Wilkins V. Lujan , Sarah Madden

Journal of Environmental and Sustainability Law

No abstract provided.

Cancerphobia Damages In Missouri: A Comprehensive Discussion On Toxic Torts And Fear Of Disease Recovery Comments And Casenotes , Thad R. Mulholland

Journal of Environmental and Sustainability Law

No abstract provided.

Municipal Incinerator Ash Regulated As A Hazardous Waste Under Rcra: Costs And Options. City Of Chicago V. Environmental Defense Fund, Jackie Hamra

Journal of Environmental and Sustainability Law

No abstract provided.

Missouri Attorney General Enforcement Actions

Journal of Environmental and Sustainability Law

No abstract provided.

Case Summaries

Journal of Environmental and Sustainability Law

No abstract provided.

Clinton Court Is Open For Business: The Business Law Jurisprudence Of Justice Stephen Breyer, The, Edward A. Fallone

Missouri Law Review

The nomination process for the Supreme Court has taken a welcome turn towards civility under President Clinton. The Ginsburg and Breyer nominations have been notable for the lack of partisan attacks on either nominee. However, analysis of the nominees' prior judicial record by the media and some observers continues to be outcome oriented rather than theory based. This single-minded attention to the ultimate "winners" and "losers" in a case creates the illusion of a particular political ideology on the part of the judge, with little true predictive value.

Must We Teach Abstinence? Pensions' Relationship Investments And The Lessons Of Fiduciary Duty, Ethan G. Stone

Ethan G. Stone

Commentators have speculated that pension funds do not act as activist investors because of the constraints of fiduciary duties under ERISA. This note examines the case law under ERISA and the common law of trusts on which it is based and concludes that there are no legal constraints. The institutional incentives of the people who manage pension funds seem a better explanation for their inactivity (assuming that activism is, in fact, cost-justified).

How Radical Is Lani Guinier? , Michael E Lewyn

Michael E Lewyn

In 1993, Lani Guinier was nominated to head the Justice Department's Civil Rights Division. Her nomination was withdrawn after she was accused of being too liberal, if not radical, on issues relating to voting rights law. This article discusses her views, and finds that her writings were not clear enough to either support or debunk the accusations of radicalism.

Preemption And Medical Devices: The Courts Run Amok, Robert S. Adler, Richard A. Mann

Missouri Law Review

Perhaps the most dramatic indication that the courts have shifted attitudes on health and safety matters comes from recent cases relating to medical devices and preemption. In this Article, we review the law relating to preemption, the Cipollone decision, the preemption provisions of the MDA, the regulations issued by the Food and Drug Administration ("FDA") relating to preemption, and the impact of Cipollone on court interpretations of the MDA. Based on our review of the intended preemptive effect of the MDA, we conclude that it is unlikely that either Congress or the FDA intended for the MDA to preempt state …