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Articles 23311 - 23340 of 25324
Full-Text Articles in Entire DC Network
Rediscovering Traditional Tort Typologies To Determine Media Liability For Physical Injuries: From The Mickey Mouse Club To Hustler Magazine, John L. Diamond
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
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
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
Water And Wilderness/Law And Politics, John D. Leshy
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
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
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
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
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.
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
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.
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
Antifederalism And The Ninth Amendment, Calvin R. Massey
Faculty Scholarship
No abstract provided.
Mental Impairments And The Rehabilitation Act Of 1973, David Allen Larson
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
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
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
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
Surrogate Parenting: What Should Legislatures Do?, Marsha Garrison
Faculty Scholarship
No abstract provided.
Forward To Drug Testing Symposium, Christine D. Ver Ploeg
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
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
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
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
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
Some Reflections On State Constitutions, Joseph R. Grodin
Faculty Scholarship
No abstract provided.
Communitarian Ethics And Legal Justification, Geoffrey C. Hazard Jr.
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
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
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
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
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
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 …