Digital Commons Network^™

Star Gazing: The Future Of American Products Liability Law, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.

Operation Rescue: Was The Justice Dept. Right To Intervene In Wichita?, Gary S. Lawson, Celeste Lacy Davis, Eve W. Paul

Faculty Scholarship

Discussion of Operation Rescue attempt to shut down abortion clinic in Wichita, KS in August 1991, and ensuing decision of U.S. District Judge Patrick Kelly, as well as intervention of Justice Department. A debate-style article with "pro" side written by Gary Lawson and "con" side written by C.L. Davis & E.W. Paul.

Real Property: 1991 Survey Of Florida Law, Ronald B. Brown

Faculty Scholarship

No abstract provided.

The Private Attorney General Meets Public Contract Law: Procurement Oversight By Protest, Robert C. Marshall, Michael J. Meurer, Jean-Francois Richard

Faculty Scholarship

In this Article, protests are analyzed, from both an economic and legal perspective, as a decentralized mechanism for oversight of the competitive procurement process. Attention focuses on the protest process at the General Services Administration Board of Contract Appeals (hereinafter "the Board" or "GSBCA"). It is argued that protests are an effective means of deterring and correcting agency problems among procurement personnel and, consequently, accomplishing the procurement objectives of the government. Drawbacks of the protest process are identified, explanations are offered for the existence of these negative side effects, and solutions are proposed. In addition, protests are compared to centralized …

Choosing Federal Court For Determination Of State Law Questions, Ted Occhialino

Faculty Scholarship

The combined effect of Erie R. R. Co. v. Tompkins, 304 US. 64, 82 L Ed. 1188, 58 S. Ct 817 (1938) and proliferating certification statutes is to diminish, but not eliminate, the advantage that a litigant might gain from having a federal Judge, rather than a state court, construe state law. There continue to be cases in which the opportunity for a more favorable interpretation of state law in federal court will be an important and possibly determinative factor in choosing a federal court for the resolution of claims based upon state law. The possibility of a favorable "Erie …

Through The Looking Glass Darkly: Cleveland V. Piper Aircraft And Second Collision Liability, David J. Stout

Faculty Scholarship

The holding in Clevland v. Piper Aircraft Corpororation is in direct conflict with the analysis for the tort of crashworthiness and operates to undermine the fundamental social policies which formed the basis for the tort of crashworthiness. A thorough understanding of the Tenth Circuit's opinion, which is not binding on New Mexico state courts, and the reasons why the court misconstrued New Mexico law is essential for the successful prosecution of a crashworthiness case

The Violence Of Privacy, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

The Second Circuit's Role In Expanding The Sec's Jurisdiction Abroad, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Greenmail, The Control Premium And Shareholder Duty, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

The Second Circuit's Role In Expanding The Sec's Jurisdiction Abroad, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

L'Harmonie Dissonante: Strict Products Liability Attempted In The European Community, Anita Bernstein

Faculty Scholarship

No abstract provided.

Introduction: The Right To Die After Cruzan, Diane E. Hoffmann

Faculty Scholarship

No abstract provided.

International Securities Regulation: London's "Big Bang" And The European Securities Markets, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Copyrights And State Liability, Beryl R. Jones-Woodin

Faculty Scholarship

No abstract provided.

Revenue Procedure 91-12: The Irs Launches An Information-Gathering Offensive Against International Transportation Operations, Chi K. Cheung, Kevin Outterson

Faculty Scholarship

Every day, in ports around the country, thousands of oceangoing vessels and aircraft transport passengers and property to and from the United States. In many instances, the international transportation operation is foreign-owned and has neither filed nor paid any U.S. income taxes, relying upon tax exemptions under U.S. law or bilateral tax conventions. Newly issued Revenue Procedure 91- 12 requires all international transportation operations that transport passengers or property to or from the U.S. to file U.S. tax returns. Whether or not a tax is due, a U.S. tax return must be filed and certain information disclosed. Large penalties may …

Real Property-Florida Supreme Court Survey, Ronald B. Brown

Faculty Scholarship

No abstract provided.

Monologue Or Dialogue In Management Decisions: A Comparison Of Mandatory Bargaining Duties In The United States And Sweden, Timothy A. Canova

Faculty Scholarship

Management and labor are adversaries in both U.S. and Swedish industrial relations. The Swedish model, however, is marked by a continual dialogue between the adversaries with the objective of achieving mutual understanding on a wide range of issues. This dialogue has been fostered by Swedish labor law reforms, particularly the Swedish Act on Co-Determination, along with a comprehensive labor market policy to promote employment. The result of such reasoned dialogue is greater labor support for industrial restructurings and management support for the technological modernization of industry. The American system could better be characterized as a monologue. In the U.S. the …

The First Amendment At Home And Abroad, Pnina Lahav

Faculty Scholarship

The powerful appeal of the First Amendment flows from the rhetoric it has inspired. Holmes's "[W]hen men have realized that time has upset many fighting faiths, they may come to believe ... that the best test of truth is the power of the thought to get itself accepted in the competition of the market"; Brandeis's " ... the greatest menace to freedom is an inert people; ... order cannot be secured merely through fear of punishment for its infraction; ... it is hazardous to discourage thought, hope and imagination; fear breeds repression; ... repression breeds hate; ... hate menaces stable …

Court-Ordered Adr: What Are The Limits?, Nancy A. Welsh

Faculty Scholarship

Increasingly, courts across the country are turning to non-judicial dispute resolution processes - "alternative dispute resolution" or "ADR" - to handle overwhelming caseloads.' Proponents of non-judicial processes state that ADR benefits courts and litigants by reducing the time between the filing and disposition of cases, saving judges' time so that they are available for the cases that really need them, saving money for the parties to the suit, and perhaps most importantly, increasing litigants' satisfaction with the manner in which their disputes are resolved.

A growing body of empirical evidence has begun to support the proponents' claims. A study of …

Allocating The Costs Of Parental Free Exercise : Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment, Paula A. Monopoli

Faculty Scholarship

No abstract provided.

The Cuny Law Program: Integration Of Doctrine, Practice & Theory In The Preparation Of Lawyers, Barbara L. Bezdek

Faculty Scholarship

The CUNY Law Program differs markedly from every other law school in the United States. Founded in 1983, at a great, diverse, public university sprawling across New York City, its curriculum emerged from the Law School's mandate to rethink the traditional law school curriculum and develop approaches oriented toward public interest and public service law, with emphasis on clinical teaching methods. In this paper, the author provides a concrete description of the CUNY Program, and articulates the principles expressed by CUNY's extensive redesign of typical American legal education. Since it began in 1983, the CUNY Law Program has been the …

The Case Against The Thrifty Food Plan As The Basis For The Food Component Of The Afdc Standard Of Need, Mary Ellen Natale, David A. Super

Faculty Scholarship

No abstract provided.

The Annapolis Poll Books Of 1800 And 1804: African American Voting In The Early Republic, David S. Bogen

Faculty Scholarship

No abstract provided.

The Rights Of The Disabled In The Food Stamp Program, Eve H. Shapiro, David A. Super

Faculty Scholarship

No abstract provided.

Women's Work, Jana B. Singer

Faculty Scholarship

No abstract provided.

A Half Century Of The Maryland Law Review, William L. Reynolds

Faculty Scholarship

No abstract provided.

Multiple Permits, Temporary Takings, And Just Compensation, Garrett Power

Faculty Scholarship

No abstract provided.

Toilets As A Feminist Issue: A True Story, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

Book Review: From The Land Of Bondage: The Greening Of Major League Baseball Players And The Major League Baseball Player Association (Reviewing Marvin Miller, A Whole Different Ball Game: The Sport And Business Of Baseball 1991), Michael J. Cozzillio

Faculty Scholarship

No abstract provided.

Commentary: Justice Brennan's Legacy And The Potentially Jilting Souter, John J. Capowski

Faculty Scholarship

No abstract provided.