Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

386329 Full-Text Articles 152037 Authors 142595802 Downloads 363 Institutions

All Articles in Law

Faceted Search

386329 full-text articles. Page 10 of 6961.

Quinn V. Eighth Judicial Dist. Ct., 135 Nev. Adv. Op. 5 (Feb. 8, 2018) (En Banc), Shaneka J. Malloyd 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Quinn V. Eighth Judicial Dist. Ct., 135 Nev. Adv. Op. 5 (Feb. 8, 2018) (En Banc), Shaneka J. Malloyd

Nevada Supreme Court Summaries

The Court determined that (1) a writ of mandamus/prohibition is appropriate when a party does not have an adequate relief in the ordinary course of the law and it is necessary to prevent improper disclosure of privileged and confidential information; (2) a Nevada district court has no authority to compel an out-of-state non-party to appear in Nevada for a deposition; and (3) specifically, a Nevada district court does not have subpoena power over a non-resident attorney that has practiced law in Nevada.


Is The Shrink's Role Shrinking The Ambiguity Of Federal Rule Of Criminal Procedure 12.2 Concerning Government Psychiatric Testimony In Negativing Cases, R. Gregory Cochran 2018 Selected Works

Is The Shrink's Role Shrinking The Ambiguity Of Federal Rule Of Criminal Procedure 12.2 Concerning Government Psychiatric Testimony In Negativing Cases, R. Gregory Cochran

R. Gregory Cochran

No abstract provided.


Afram Lines Intern., Inc. V. M/V Capetan Yiannis United States Court Of Appeals, Eleventh Circuit, 19 June 1990 905 F.2d 347, John Froitzheim '92 2018 St. John's University School of Law

Afram Lines Intern., Inc. V. M/V Capetan Yiannis United States Court Of Appeals, Eleventh Circuit, 19 June 1990 905 F.2d 347, John Froitzheim '92

Admiralty Practicum

No abstract provided.


Hines V. British Steel Corporation United States Court Of Appeals, Seventh Circuit, 23 July 1990 907 F.2d 726, Katherine Vasilopolous '92 2018 St. John's University School of Law

Hines V. British Steel Corporation United States Court Of Appeals, Seventh Circuit, 23 July 1990 907 F.2d 726, Katherine Vasilopolous '92

Admiralty Practicum

No abstract provided.


Unites States Ex Rel. Valders Stone & Marble V. C-Way Constr. Co. United States Court Of Appeals, Seventh Circuit, 3 August 1990 909 F.2d 259, Stephen W. Beyer '92 2018 St. John's University School of Law

Unites States Ex Rel. Valders Stone & Marble V. C-Way Constr. Co. United States Court Of Appeals, Seventh Circuit, 3 August 1990 909 F.2d 259, Stephen W. Beyer '92

Admiralty Practicum

No abstract provided.


Sisson V. Ruby United States Supreme Court, June 25, 1990 110 S. Ct. 2892 (1990 Wl 84059), Arthur Gribbon '92 2018 St. John's University School of Law

Sisson V. Ruby United States Supreme Court, June 25, 1990 110 S. Ct. 2892 (1990 Wl 84059), Arthur Gribbon '92

Admiralty Practicum

No abstract provided.


Moore V. Phillips Petroleum Co. United States Court Of Appeals, Fifth Circuit, 21 September 1990. 912 F.2d 789, Judy L. Berberian '91 2018 St. John's University School of Law

Moore V. Phillips Petroleum Co. United States Court Of Appeals, Fifth Circuit, 21 September 1990. 912 F.2d 789, Judy L. Berberian '91

Admiralty Practicum

No abstract provided.


Alice Souders Et Al V. Atlantic Richfield Co. United States District Court, Eastern District Of Pennsylvania, 10 September 1990 746 F. Supp 570, Louis J. Uvino '92 2018 St. John's University School of Law

Alice Souders Et Al V. Atlantic Richfield Co. United States District Court, Eastern District Of Pennsylvania, 10 September 1990 746 F. Supp 570, Louis J. Uvino '92

Admiralty Practicum

No abstract provided.


Mixed Messages: An Analysis Of The Conflicting Standards Used By The United States Circuit Courts Of Appeals When Awarding The Compensatory Education For A Violation Of The Individuals With Disabilities Education Act, James C. Schwellenbach 2018 University of Maine School of Law

Mixed Messages: An Analysis Of The Conflicting Standards Used By The United States Circuit Courts Of Appeals When Awarding The Compensatory Education For A Violation Of The Individuals With Disabilities Education Act, James C. Schwellenbach

Maine Law Review

With the passage of the Education for All Handicapped Children Act (EAHCA) of 1975, now titled the Individuals with Disabilities Education Act (IDEA or the Act), each child with a disability was guaranteed the right to a free and appropriate public education. It fell to the public schools to provide that free and appropriate education to students with disabilities, many of whom had been denied access to public schools prior to that time. It was inevitable that parents would disagree with their local school district, or the state educational agency, as to whether their child was being provided the kind ...


The Maine Civil Rights Act: History, Enforcement, Application, And Analysis, J. Christopher Parr 2018 University of Maine School of Law

The Maine Civil Rights Act: History, Enforcement, Application, And Analysis, J. Christopher Parr

Maine Law Review

Since the passage of the “Maine Civil Rights Act” (MCRA, Act) in 1989, the Maine Department of the Attorney General has made enforcement of that civil “hate crime” law one of its highest priorities. According to one statistic, “more than 125 people have been prosecuted in Maine's civil courts on hate crime charges since 1994,” and only two of those actions have been lost by the State. The Attorney General at the time of this writing, Andrew Ketterer, has stated that he takes the perpetration of hate crimes seriously, and that it has been important to him “that the ...


Expert Testimony And Professional Licensing Boards: What Is Good, What Is Necessary, And The Myth Of The Majority-Minority Split, Timothy P. McCormack 2018 University of Maine School of Law

Expert Testimony And Professional Licensing Boards: What Is Good, What Is Necessary, And The Myth Of The Majority-Minority Split, Timothy P. Mccormack

Maine Law Review

Defendants regularly argue that a Review Board's decision must be overturned because it is not supported by expert testimony. Boards counter that they are qualified, by virtue of their role as the guardians of the standards for their profession, to determine the appropriateness of a defendant's conduct without the assistance of expert testimony. When courts address these arguments, they routinely ask if expert testimony is necessary to establish the standard of care in disciplinary hearings before a professional licensing board. Courts answer this question differently. In fact there is a seeming schism among the states about the importance ...


State Immunity Doctrine: Demoting The Patent System, Charles C. Wong 2018 University of Maine School of Law

State Immunity Doctrine: Demoting The Patent System, Charles C. Wong

Maine Law Review

Congress enacted the Patent Remedy Clarification Act (PRCA) in 1992, which authorized patent holders to sue a state for patent infringement in federal court. The PRCA clearly expressed Congress's intent to abrogate Eleventh Amendment state sovereign immunity as required by Atascadero State Hospital v. Scanlon. In 1996, Seminole Tribe v. Florida changed the landscape of congressional power to abrogate state immunity by declaring Congress may do so only if acting pursuant to its powers under section 5 of the Fourteenth Amendment. In his dissent, Justice Stevens forecasted that the Seminole Tribe decision would effectively leave patent holders injured by ...


Sovereign Immunity And The Crisis Of Constitutional Absolutism: Interpreting The Eleventh Amendment After Alden V. Maine, Matthew Mustokoff 2018 University of Maine School of Law

Sovereign Immunity And The Crisis Of Constitutional Absolutism: Interpreting The Eleventh Amendment After Alden V. Maine, Matthew Mustokoff

Maine Law Review

Toward the end of her article, The History of Mainstream Legal Thought, Elizabeth Mensch identifies federalism as a dominant theme in recent Supreme Court decisions. The Court's focus on questions of federalism, however, cannot be directly attributed to the emergence of any specific social or political issues dividing champions of strong central government from defenders of state sovereignty. Instead, the Court's scrutiny seems to have arisen from a perplexing, frustrating, and self-contradictory body of Eleventh Amendment jurisprudence and the perpetual call for judicial clarification it has produced. While the text of the Eleventh Amendment is unambiguous—its language ...


Where The Right Went Wrong In Southworth: Underestimating The Power Of The Marketplace, Clay Calvery 2018 University of Maine School of Law

Where The Right Went Wrong In Southworth: Underestimating The Power Of The Marketplace, Clay Calvery

Maine Law Review

When the United States Supreme Court unanimously declared in March 2000 that mandatory student activity fees at public universities do not offend the First Amendment if distributed in viewpoint-neutral fashion, the decision dealt a severe blow to the conservative movement that had both supported the challenge to fee assessments and long railed against a perceived leftist/liberal bias in higher education. The New York Times, acknowledging the political implications of the case, hailed the Court's decision in Board of Regents v. Southworth as “a surprisingly broad and decisive victory for universities on an ideologically charged issue that has roiled ...


Personal Jurisdiction And The Web, Joseph S. Burns, Richard A. Bales 2018 University of Maine School of Law

Personal Jurisdiction And The Web, Joseph S. Burns, Richard A. Bales

Maine Law Review

Courts have struggled in determining precisely when a defendant should be subject to suit in a particular forum based on his or her Web activity. Although most jurisdictions have applied some form of the “minimum contacts” test, the test has been applied inconsistently. A new standard is needed to resolve personal jurisdiction disputes arising out of Web activity. This Article examines the ways in which modern courts have attempted to resolve personal jurisdiction issues based on Web activity, as well as the inconsistencies that have resulted from the inherent difficulty in conceptualizing the Web.


Life In No Trump: Property And Speech Under The Constitution, Richard A. Esptein 2018 University of Maine School of Law

Life In No Trump: Property And Speech Under The Constitution, Richard A. Esptein

Maine Law Review

The editors of the Maine Law Review have been kind enough to offer me the opportunity to respond to Laura Underkuffler's criticism of my work in her recent Godfrey Lecture, “When Should Rights ‘Trump’? An Examination of Speech and Property,” which appears in the preceding issue. In my earlier writings on constitutional law, more specifically, in my paper, Property, Speech and the Politics of Distrust, I took the position that modern Supreme Court jurisprudence had taken a turn for the worse insofar as it used different standards of review in passing on the constitutionality of legislation. The current position ...


Valedictory, David D. Gregory 2018 University of Maine School of Law

Valedictory, David D. Gregory

Maine Law Review

Since 1998, David was asked by successive graduating classes to speak at their commencement exercises. The valedictory address he delivered on each of those occasions was pure David—brief, seemingly simple, and filled with much wisdom and lots of good cheer. It seemed to many of us at the Law School to be the perfect tribute to David and all he taught us.


Introduction Of The Valedictory, Colleen A. Khoury 2018 University of Maine School of Law

Introduction Of The Valedictory, Colleen A. Khoury

Maine Law Review

Since 1998, David was asked by successive graduating classes to speak at their commencement exercises. The valedictory address he delivered on each of those occasions was pure David—brief, seemingly simple, and filled with much wisdom and lots of good cheer. It seemed to many of us at the Law School to be the perfect tribute to David and all he taught us.


Tribute To David Gregory, Esq., Michael P. Cantara 2018 University of Maine School of Law

Tribute To David Gregory, Esq., Michael P. Cantara

Maine Law Review

The Board and Staff of the Maine Law Review dedicate this issue to the memory of Professor David Doliver Gregory, who passed away on December 9, 2000. The Maine legal community and the University of Maine School of Law mourn the loss of our beloved teacher, advocate, and friend. In the collective memory of his students, Professor Gregory will always be remembered for the Socratic genius that he employed so effectively in class; his keen wit, often accompanied by a knowing smile and a twinkle in his eyes; his passion for ferreting out seemingly elusive legal principles; and his compassion ...


A Tribute To Professor David Gregory, Donald N. Zillman 2018 University of Maine School of Law

A Tribute To Professor David Gregory, Donald N. Zillman

Maine Law Review

The Board and Staff of the Maine Law Review dedicate this issue to the memory of Professor David Doliver Gregory, who passed away on December 9, 2000. The Maine legal community and the University of Maine School of Law mourn the loss of our beloved teacher, advocate, and friend. In the collective memory of his students, Professor Gregory will always be remembered for the Socratic genius that he employed so effectively in class; his keen wit, often accompanied by a knowing smile and a twinkle in his eyes; his passion for ferreting out seemingly elusive legal principles; and his compassion ...


Digital Commons powered by bepress