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Articles 23311 - 23340 of 25324

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Rediscovering Traditional Tort Typologies To Determine Media Liability For Physical Injuries: From The Mickey Mouse Club To Hustler Magazine, John L. Diamond Jan 1988

Rediscovering Traditional Tort Typologies To Determine Media Liability For Physical Injuries: From The Mickey Mouse Club To Hustler Magazine, John L. Diamond

Faculty Scholarship

No abstract provided.


A Cause Of Action For Option Traders Against Insider Option Traders, William K.S. Wang Jan 1988

A Cause Of Action For Option Traders Against Insider Option Traders, William K.S. Wang

Faculty Scholarship

No abstract provided.


Is A Seller's Rule 10b–5 Cause Of Action Automatically Transferred To The Buyer?, William K.S. Wang Jan 1988

Is A Seller's Rule 10b–5 Cause Of Action Automatically Transferred To The Buyer?, William K.S. Wang

Faculty Scholarship

No abstract provided.


The Case For Gay Rights, Matt Coles Jan 1988

The Case For Gay Rights, Matt Coles

Faculty Scholarship

No abstract provided.


Water And Wilderness/Law And Politics, John D. Leshy Jan 1988

Water And Wilderness/Law And Politics, John D. Leshy

Faculty Scholarship

No abstract provided.


Introduction Symposium: Can The International Securities Markets Be Regulated, Roberta S. Karmel Jan 1988

Introduction Symposium: Can The International Securities Markets Be Regulated, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


Public Safety Exception To Miranda Careening Through The Lower Courts, Daniel B. Yeager Jan 1988

Public Safety Exception To Miranda Careening Through The Lower Courts, Daniel B. Yeager

Faculty Scholarship

No abstract provided.


One Step Forward, Two Steps Back: Summary Judgment After Celotex, Melissa Lee Nelken Jan 1988

One Step Forward, Two Steps Back: Summary Judgment After Celotex, Melissa Lee Nelken

Faculty Scholarship

No abstract provided.


The Rationale Of Personal Admissions, Roger C. Park Jan 1988

The Rationale Of Personal Admissions, Roger C. Park

Faculty Scholarship

No abstract provided.


Bayes' Theorem In The Trial Process: Instructing Jurors On The Value Of Statistical Evidence, David Faigman, A.J. Baglioni Jr. Jan 1988

Bayes' Theorem In The Trial Process: Instructing Jurors On The Value Of Statistical Evidence, David Faigman, A.J. Baglioni Jr.

Faculty Scholarship

No abstract provided.


The Exercise Of Jurisdiction Over And Enforcement Of Judgments Against Alien Defendants, Mary Kay Kane, Ronan E. Degnan Jan 1988

The Exercise Of Jurisdiction Over And Enforcement Of Judgments Against Alien Defendants, Mary Kay Kane, Ronan E. Degnan

Faculty Scholarship

No abstract provided.


Forms Of Action Under The Federal Rules Of Civil Procedure, Geoffrey C. Hazard Jr. Jan 1988

Forms Of Action Under The Federal Rules Of Civil Procedure, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.


Antifederalism And The Ninth Amendment, Calvin R. Massey Jan 1988

Antifederalism And The Ninth Amendment, Calvin R. Massey

Faculty Scholarship

No abstract provided.


Mental Impairments And The Rehabilitation Act Of 1973, David Allen Larson Jan 1988

Mental Impairments And The Rehabilitation Act Of 1973, David Allen Larson

Faculty Scholarship

This article examines the question of whether an asserted mental disorder should be regarded as a statutory impairment. The article begins by outlining the Rehabilitation Act and by discussing the diagnostic difficulties that exist in the mental health field. It then surveys specific cases arising under the Rehabilitation Act. Selected cases reviewing state statutory language are also examined. The article provides a broad discussion of the questions and concerns that must be considered when formulating a nondiscrimination policy protecting mentally impaired persons. It concludes by suggesting an approach for handling cases alleging discrimination due to a mental impairment.


Unions And Urinalysis, Deborah A. Schmedemann Jan 1988

Unions And Urinalysis, Deborah A. Schmedemann

Faculty Scholarship

Many private employers seem to be busy deciding whether and how to test employees for drug use. Presumably most of these decisions are made by management acting alone. However, in unionized workplaces—one out of five private sector employees are represented by unions—federal labor law prescribes a different method. That method features collective bargaining by unions and management to set the rules, the use of a private third-party neutral to resolve disputes which arise under those rules (arbitration), and relatively little involvement by the government (the National Labor Relations Board, legislatures, and the courts). This system that labor law prescribes for …


Aids And The Law: Setting And Evaluating Threshold Standards For Coercive Public Health Intervention, Eric S. Janus Jan 1988

Aids And The Law: Setting And Evaluating Threshold Standards For Coercive Public Health Intervention, Eric S. Janus

Faculty Scholarship

This article examines in detail an example of legislation that redefines the scope of permissible public health intervention and provides procedural protections compatible with modern precedent—the Minnesota Health Threat Procedures Act. This Act is an appropriate subject for close study because it is intended to be responsive to the general concerns raised by the commentators: the narrowing redefinition of the scope of coercive public health intervention and the addition of suitable procedural protections. Coercive public health legislation merits close attention because it inevitably invokes a clash of three important values. The purpose of the legislation is the protection of the …


The Committee On The Constitutional System Proposals: Coherence And Dominance, Philip Chase Bobbitt Jan 1988

The Committee On The Constitutional System Proposals: Coherence And Dominance, Philip Chase Bobbitt

Faculty Scholarship

I have been a fellow traveler of the Committee on the Constitutional System virtually since its inception; indeed, I believe I was present when Mr. Cutler first made the speech at the University of Texas that became, "To Form a Government." During all this time I have never been able to quite free myself from the conviction that his concerns were absolutely right and fundamental to our era. Nor have I been able to persuade myself that the reforms that he recommends justify a departure from the framers' conception. I suppose this is why I was selected to give a …


Surrogate Parenting: What Should Legislatures Do?, Marsha Garrison Jan 1988

Surrogate Parenting: What Should Legislatures Do?, Marsha Garrison

Faculty Scholarship

No abstract provided.


Forward To Drug Testing Symposium, Christine D. Ver Ploeg Jan 1988

Forward To Drug Testing Symposium, Christine D. Ver Ploeg

Faculty Scholarship

This forward to the William Mitchell Law Review provides an overview on the six articles on various important drug testing topics included therein. These articles will be welcomed by anyone who is struggling to write a drug testing policy, trying to identify employees' rights to challenge a test or test results, or by anyone who seeks to gain a general understanding of this complex and controversial topic.


Her Brother's Keeper: The Prosecutor's Responsibility When Defense Counsel Has A Potential Conflict Of Interest , Bruce A. Green Jan 1988

Her Brother's Keeper: The Prosecutor's Responsibility When Defense Counsel Has A Potential Conflict Of Interest , Bruce A. Green

Faculty Scholarship

What are the responsibilities of a prosecutor when she learns in the course of preparing for trial that defense counsel has a potential conflict of interest? Must the prosecutor alert defense counsel and the trial judge to the problem? May she move to disqualify defense counsel? This Article explores the responsibilities that courts have begun to, and ought to, impose on prosecutors. In large part, the prosecutor's responsibilities are subordinate to those of defense counsel and the trial judge, who have the primary responsibility to ensure that the defendant's right to independent counsel is not unfairly abridged. Therefore, as background …


Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski Jan 1988

Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski

Faculty Scholarship

The purpose of this Comment is to examine the history of the enactment and early enforcement of the Civil Rights Act of 1866 from the perspective of the remedies Congress sought to provide to meet the problems that necessitated the legislation. Its main foci are the statute's enforcement provisions and their early implementation, an aspect of the history of the statute that has not been fully considered in relation to section one, the provision that has received the most scholarly attention. The occasion of this study is the Supreme Court's reconsideration of Runyon v. McCrary' in Patterson v. McLean Credit …


Foregoing Life-Sustaining Treatment: What Are The Legal Limits In An Aging Society?, Karen H. Rothenberg Jan 1988

Foregoing Life-Sustaining Treatment: What Are The Legal Limits In An Aging Society?, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.


The Unwisdom Of Allowing City Growth To Work Out Its Own Destiny, Garrett Power Jan 1988

The Unwisdom Of Allowing City Growth To Work Out Its Own Destiny, Garrett Power

Faculty Scholarship

No abstract provided.


Some Reflections On State Constitutions, Joseph R. Grodin Jan 1988

Some Reflections On State Constitutions, Joseph R. Grodin

Faculty Scholarship

No abstract provided.


Communitarian Ethics And Legal Justification, Geoffrey C. Hazard Jr. Jan 1988

Communitarian Ethics And Legal Justification, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.


Bright Line Seizures: The Need For Clarity In Determining When Fourth Amendment Activity Begins, Edwin J. Butterfoss Jan 1988

Bright Line Seizures: The Need For Clarity In Determining When Fourth Amendment Activity Begins, Edwin J. Butterfoss

Faculty Scholarship

This Article proposes that the Mendenhall-Royer standard, as presently interpreted, should be discarded because it is unworkable and fails to strike the appropriate balance between the liberty interests of citizens and the interest of the state in combatting crime. The test is unworkable because the outcomes of cases turn on subtle factual distinctions unrelated to an individual's actual freedom to end an encounter with a police officer, making it difficult for police officers to apply the standard in the field and adjust their conduct accordingly. Moreover, the standard provides insufficient protection for an individual's rights by failing to consider the …


Luther Martin, Maryland And The Constitution, William L. Reynolds Jan 1988

Luther Martin, Maryland And The Constitution, William L. Reynolds

Faculty Scholarship

Reviews the life and contributions of Maryland lawyer and scholar Luther Martin (1748-1826).


Plemel As A Primer On Proving Paternity, David H. Kaye Jan 1988

Plemel As A Primer On Proving Paternity, David H. Kaye

Faculty Scholarship

Although in the past courts only permitted genetic evidence in paternity suits to prove that an accused man was not the father, with the advent of new genetic tests, which easily can exclude ninety to nitey-five percent of the population in most cases, the supreme courts of Massachusetts, Oregon, and Utah have held that various genetic tests may be used to prove paternity. While a positive move, the admissibility of genetic proof of paternity raises serious questions as to the manner in which this evidence should be presented in court. In the interests of efficiency, some jurisdictions seem to dispense …


On The Knowing Inclusion Of Unenforceable Contract And Lease Terms, Bailey Kuklin Jan 1988

On The Knowing Inclusion Of Unenforceable Contract And Lease Terms, Bailey Kuklin

Faculty Scholarship

No abstract provided.


Human Biology And Criminal Responsibility: Free Will Of Free Ride ?, Deborah W. Denno Jan 1988

Human Biology And Criminal Responsibility: Free Will Of Free Ride ?, Deborah W. Denno

Faculty Scholarship

This Comment presents three major arguments concerning biological deficiency defenses, using, respectively, a critique of biosocial science research, a statistical model of biological and sociological data, and an examination of theories and philosophies on causation and behavior. First, this Comment argues that there should be no defense to mitigate criminal responsibility except in the less that one percent of cases eligible for the insanity defense. Second, this Comment argues that social science research has not successfully demonstrated sufficiently strong links between biological factors and criminal behavior to warrant major consideration in determining criminal responsibility. Third, this Comment demonstrates that no …