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Articles 22891 - 22920 of 25324
Full-Text Articles in Entire DC Network
Constitutional Constraints On Proving "Whodunnit?", John O. Sonsteng
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
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
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
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
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
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
Faculty Scholarship
No abstract provided.
Toward A Wrongful Termination Statute For California, Joseph R. Grodin
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
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
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
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
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
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
"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
They Moved Away: Stories Of Location And Relocation, Jo Carrillo
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
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
Sameness Feminism And The Work/Family Conflict, Joan C. Williams
Faculty Scholarship
No abstract provided.
Comment, Geoffrey C. Hazard Jr.
Unrequited Gifts: The Tax Fallout, William T. Hutton
Unrequited Gifts: The Tax Fallout, William T. Hutton
Faculty Scholarship
No abstract provided.
The Cost Of Rule 11, William W. Schwarzer, Jerold S. Solovy
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
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
"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
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
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
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
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
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
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
Persecution Based On Membership In A Particular Social Group: Jurisprudence In The Federal Republic Of Germany, Maryellen Fullerton
Faculty Scholarship
No abstract provided.