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Full-Text Articles in Evidence

Evaluating The Risks Of Market Swaps, Maurice Stucke Dec 2002

Evaluating The Risks Of Market Swaps, Maurice Stucke

Maurice E Stucke

An asset swap between two competitors can be (i) per se illegal under Section 1 of the Sherman Act or (ii) a potentially legitimate sale of assets under Section 7 of the Clayton Act.

The case law and antitrust commentary vary as to which standard should be applied, and the implication can be significant for the business entities contemplating the deal. This article outlines five factors to assist in evaluating the asset swap's legality under the federal antitrust laws, and the critical determination of which standard to apply to a potentially high risk transaction.


Sharing Sacred Secrets: Is It (Past) Time For A Dangerous Person Exception To The Clergy-Penitent Privilege?, R. Michael Cassidy Dec 2002

Sharing Sacred Secrets: Is It (Past) Time For A Dangerous Person Exception To The Clergy-Penitent Privilege?, R. Michael Cassidy

R. Michael Cassidy

In this article, the author discusses the important and previously unexplored topic of whether the law should recognize a future harms exception to the clergy-penitent privilege, similar to that recognized in the area of psychotherapist-patient and attorney-client privileges. After tracing the origins and current application of the clergy-penitent privilege in America, the author discusses how the privilege as currently applied in most states admits of no exceptions, and is unnecessarily expansive in breadth. Using the hypothetical of a homicidal spouse who reveals to his minister an intent to murder his wife, the article compares the ethical and legal duties of ...


Is Oklahoma Balancing The Scales Of Justice By Tying The Hands Of Trial Judges: The 2002 Amendment To Section 2403 Of The Oklahoma Evidence Code Mandating Admission Of In-Life Victim Photographs In Homicide Cases, Liesa L. Richter Dec 2002

Is Oklahoma Balancing The Scales Of Justice By Tying The Hands Of Trial Judges: The 2002 Amendment To Section 2403 Of The Oklahoma Evidence Code Mandating Admission Of In-Life Victim Photographs In Homicide Cases, Liesa L. Richter

Liesa L. Richter

No abstract provided.


Evidence And The One Liner: A Beginning Evidence Professor’S Exploration Of The Use Of Humor In The Law School Classroom, John J. Capowski Dec 2002

Evidence And The One Liner: A Beginning Evidence Professor’S Exploration Of The Use Of Humor In The Law School Classroom, John J. Capowski

John J. Capowski

No abstract provided.