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Articles 22891 - 22920 of 25324

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Constitutional Constraints On Proving "Whodunnit?", John O. Sonsteng Jan 1990

Constitutional Constraints On Proving "Whodunnit?", John O. Sonsteng

Faculty Scholarship

American system places these constraints on the age old criminal law question: “WHODUNIT?” This article explores these issues.


Fourth Amendment Applicability, John O. Sonsteng Jan 1990

Fourth Amendment Applicability, John O. Sonsteng

Faculty Scholarship

A large percentage of fourth amendment litigation involves the issues of applicability to place, waiver/consent, and the reasonable expectation of privacy. Not one of these issues, however, has the remotest thing to do with the ultimate substance of the fourth amendment protection itself. They deal exclusively with the threshold question of whether the fourth amendment is even involved. Only if it is, do the actual requirements of the fourth amendment become material. This article examines the applicability of the fourth amendment prohibition against unreasonable search and seizures with respect to these common issues.


Working Backwards: The Covenant Of Good Faith And Fair Dealing In Employment Law, Deborah A. Schmedemann Jan 1990

Working Backwards: The Covenant Of Good Faith And Fair Dealing In Employment Law, Deborah A. Schmedemann

Faculty Scholarship

This article examines the covenant of good faith and fair dealing with respect to employment law. This doctrine is at an interesting stage in its development (or decline) in Minnesota and elsewhere. The article begins with the standard exposition of the current state of the law; part I describes the limited scope of the covenant and its limited force in Minnesota employment law. Part II contains my assessment of the courts' handling of the covenant and the promise this theory holds for Minnesota employees and employers. My theses are: First, the courts have thus far failed to develop a sound …


American Fiduciary Duty In An Age Of Narcissism, Calvin R. Massey Jan 1990

American Fiduciary Duty In An Age Of Narcissism, Calvin R. Massey

Faculty Scholarship

No abstract provided.


The Locus Of Sovereignty Judicial Review, Legislative Supremacy, And Federalism In The Constitutional Traditions Of Canada And The United States, Calvin R. Massey Jan 1990

The Locus Of Sovereignty Judicial Review, Legislative Supremacy, And Federalism In The Constitutional Traditions Of Canada And The United States, Calvin R. Massey

Faculty Scholarship

No abstract provided.


Stumbling Blocks And Stepping Stonea Newcomers' Guide To Perilous Terrain In Law School, Lois Schwartz, Suzanne Homer Jan 1990

Stumbling Blocks And Stepping Stonea Newcomers' Guide To Perilous Terrain In Law School, Lois Schwartz, Suzanne Homer

Faculty Scholarship

No abstract provided.


Socialist And Non-Socialist Approaches To Land Law: Continuity And Change In Somalia And Other African States, Ugo Mattei Jan 1990

Socialist And Non-Socialist Approaches To Land Law: Continuity And Change In Somalia And Other African States, Ugo Mattei

Faculty Scholarship

No abstract provided.


Toward A Wrongful Termination Statute For California, Joseph R. Grodin Jan 1990

Toward A Wrongful Termination Statute For California, Joseph R. Grodin

Faculty Scholarship

No abstract provided.


Past, Present And Future In Wrongful Termination Law, Joseph R. Grodin Jan 1990

Past, Present And Future In Wrongful Termination Law, Joseph R. Grodin

Faculty Scholarship

No abstract provided.


Charitable Contribution Planning: Perils And Precautions, William T. Hutton Jan 1990

Charitable Contribution Planning: Perils And Precautions, William T. Hutton

Faculty Scholarship

No abstract provided.


Mathematical Prescriptions For Relief Of The Public Charity Status Blues, William T. Hutton Jan 1990

Mathematical Prescriptions For Relief Of The Public Charity Status Blues, William T. Hutton

Faculty Scholarship

No abstract provided.


Exchange On The Eleventh Amendment, Calvin R. Massey Jan 1990

Exchange On The Eleventh Amendment, Calvin R. Massey

Faculty Scholarship

No abstract provided.


The Impact Of Federal Rule 11 On Lawyers And Judges In The Northern District Of California, Melissa Lee Nelken Jan 1990

The Impact Of Federal Rule 11 On Lawyers And Judges In The Northern District Of California, Melissa Lee Nelken

Faculty Scholarship

No abstract provided.


"I Didn't Tell Them Anything About You": Implied Assertions As Hearsay Under The Federal Rules Of Evidence, Roger C. Park Jan 1990

"I Didn't Tell Them Anything About You": Implied Assertions As Hearsay Under The Federal Rules Of Evidence, Roger C. Park

Faculty Scholarship

No abstract provided.


Reforming Jury Trials, William W. Schwarzer Jan 1990

Reforming Jury Trials, William W. Schwarzer

Faculty Scholarship

No abstract provided.


They Moved Away: Stories Of Location And Relocation, Jo Carrillo Jan 1990

They Moved Away: Stories Of Location And Relocation, Jo Carrillo

Faculty Scholarship

No abstract provided.


By What Authority?: Reflections On The Constitutionality And Wisdom Of The Flag Protection Act Of 1989, David L. Faigman Jan 1990

By What Authority?: Reflections On The Constitutionality And Wisdom Of The Flag Protection Act Of 1989, David L. Faigman

Faculty Scholarship

No abstract provided.


Sameness Feminism And The Work/Family Conflict, Joan C. Williams Jan 1990

Sameness Feminism And The Work/Family Conflict, Joan C. Williams

Faculty Scholarship

No abstract provided.


Comment, Geoffrey C. Hazard Jr. Jan 1990

Comment, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.


Unrequited Gifts: The Tax Fallout, William T. Hutton Jan 1990

Unrequited Gifts: The Tax Fallout, William T. Hutton

Faculty Scholarship

No abstract provided.


The Cost Of Rule 11, William W. Schwarzer, Jerold S. Solovy Jan 1990

The Cost Of Rule 11, William W. Schwarzer, Jerold S. Solovy

Faculty Scholarship

No abstract provided.


Judicial Responsibility In Italy: A New Statute, Ugo Mattei Jan 1990

Judicial Responsibility In Italy: A New Statute, Ugo Mattei

Faculty Scholarship

No abstract provided.


"Portrait Of A Lady": The Woman Lawyer In The 1980s, Stacy Caplow, Shira A. Scheindlin Jan 1990

"Portrait Of A Lady": The Woman Lawyer In The 1980s, Stacy Caplow, Shira A. Scheindlin

Faculty Scholarship

No abstract provided.


Has The Chancellor Shot Himself In The Foot? Looking For A Middle Ground On Rule 11 Sanctions, Melissa Lee Nelken Jan 1990

Has The Chancellor Shot Himself In The Foot? Looking For A Middle Ground On Rule 11 Sanctions, Melissa Lee Nelken

Faculty Scholarship

No abstract provided.


Important Developments In Exempt Organizations, Stephen Schwarz, Miriam Galston Jan 1990

Important Developments In Exempt Organizations, Stephen Schwarz, Miriam Galston

Faculty Scholarship

No abstract provided.


Group Actions In Civil Procedure: The United States Experience, Mary Kay Kane Jan 1990

Group Actions In Civil Procedure: The United States Experience, Mary Kay Kane

Faculty Scholarship

No abstract provided.


Solving The Pretext Puzzle: The Importance Of Ulterior Motives And Fabrications In The Supreme Court's Fourth Amendment Pretext Doctrine, Edwin J. Butterfoss Jan 1990

Solving The Pretext Puzzle: The Importance Of Ulterior Motives And Fabrications In The Supreme Court's Fourth Amendment Pretext Doctrine, Edwin J. Butterfoss

Faculty Scholarship

This Article first analyzes the debate between Professors John M. Burkoff and James B. Haddad over the current state of Supreme Court jurisprudence on the pretext issue. It shows that the Supreme Court's definition of pretext is broader than the definition of pretext used by these commentators. The Supreme Court's definition includes both "legal" and fabricated pretexts. In a "legal" pretext, the government offers a justification that is not the true reason for the police activity, but that, if the motivation of the officer is not considered, legally justifies the activity. In a fabricated pretext, the government offers a justification …


Penalties In Settlements Of Citizen Suit Enforcement Actions Under The Clean Water Act, Marcia R. Gelpe Jan 1990

Penalties In Settlements Of Citizen Suit Enforcement Actions Under The Clean Water Act, Marcia R. Gelpe

Faculty Scholarship

This article critiques the feminist view Ute Gerhard offers in “Debating Women's Equality: Toward a Feminist Theory of Law from a European Perspective”. Throughout Debating Women's Equality, Gerhard appears to have three ambitious objectives in mind: (1) to decry the paucity of research into women's legal history while beginning to do the needed work, focusing primarily on Germany but also broadly exploring European trends, (2) to demonstrate that German/European women's legal history ultimately vindicates reliance on “equal rights” as a political strategy for women, and (3) to develop an understanding of legal equality that can serve as a meaningful tool …


Sec Regulation Of Multijurisdictional Offerings, Roberta S. Karmel Jan 1990

Sec Regulation Of Multijurisdictional Offerings, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


Persecution Based On Membership In A Particular Social Group: Jurisprudence In The Federal Republic Of Germany, Maryellen Fullerton Jan 1990

Persecution Based On Membership In A Particular Social Group: Jurisprudence In The Federal Republic Of Germany, Maryellen Fullerton

Faculty Scholarship

No abstract provided.