Digital Commons Network^™

Mormon Bibliography 1991, Ellen M. Copley

BYU Studies

No abstract provided.

Commercial Torts—Trade Secrets—Arkansas Extends Trade Secret Protection To Customer Lists Under The Arkansas Trade Secrets Act. Allen V. Johar, Inc., 308 Ark. 45, 823 S.W.2d 824 (1992)., Michael J. Ptak

University of Arkansas at Little Rock Law Review

No abstract provided.

The Argument For Judicial Review—And For The Originalist Approach To Judicial Review (The Ben J. Altheimer Lecture), Michael J. Perry

University of Arkansas at Little Rock Law Review

No abstract provided.

Farm Management Innovators: Characteristics Of Eastern South Dakota Farm Operations; Wheat Outlook, Douglas Franklin, Abdirizak Ahmed, Dick Shane

Economics Commentator (1972- 2016)

No abstract provided.

Trashing The Constitution: Judicial Activism, The Dormant Commerce Clause, And The Federalism Mantra, Patrick Mcginley

Law Faculty Scholarship

No abstract provided.

Arbitration Clauses In Retainer Agreements: A Lawyer's License To Exploit The Client - Haynes V. Kuder, Mark G. Anderson

Journal of Dispute Resolution

An attorney is in an influential and superior position to the client when negotiating fee contracts. Because of this position, an attorney has the opportunity to exploit his or her client. Consequently, courts view agreements between a lawyer and client rather suspiciously and apply a higher standard to these agreements. Furthermore, a lawyer is subject to ethical rules which require a lawyer to meet certain duties, including the duty to inform the client about matters regarding the representation! Because of the higher obligations imposed on an attorney when dealing with a client, any benefit of the doubt should go to …

Blaming The Victim: A Critique Of Attacks On Affirmative Action , Nadine Strossen

Cornell Law Review

No abstract provided.

Panel Ii

Cornell Law Review

No abstract provided.

Public School System As An Instrument Of Power, Phyllis Schlafly

Cornell Law Review

No abstract provided.

Panel Iii

Cornell Law Review

No abstract provided.

Some Problems With Contract As Promise , Randy E. Barnett

Cornell Law Review

No abstract provided.

Panel Iv

Cornell Law Review

No abstract provided.

Personal Responsibility In Criminal Law , Lois Haight Herrington

Cornell Law Review

No abstract provided.

Ascertaining The Truth , Joseph D. Grano

Cornell Law Review

No abstract provided.

Discussion

Cornell Law Review

No abstract provided.

Panel Vi

Cornell Law Review

No abstract provided.

Regulation And Responsibility: A Note On Banking , Frank H. Easterbrook

Cornell Law Review

No abstract provided.

Trial By Jury Or Judge: Transcending Empiricism , Kevin M. Clermont, Theodore Eisenberg

Cornell Law Review

No abstract provided.

Settling For A Judge: A Comment On Clermont And Eisenberg , Samuel R. Gross

Cornell Law Review

No abstract provided.

Regional Development In Indonesia, 1994-2019 - Preliminary Exercises For A Long Term Scenario Analysis, Dirk Stelder, Albert De Groot, Arnold Verster

Applications

No abstract provided.

The Right To Pension Benefits Under Erisa When A Nonemployee Spouse Predeceases The Employee Spouse, Stacy Lynn Anderson

Washington Law Review

Under the Employee Retirement Income Security Act, retirement benefits cannot be assigned or alienated. In 1984, Congress enacted the Retirement Equity Act (REA) which allowed retirement benefits to be divided between former spouses upon divorce, under a qualified domestic relations order (QDRO). It is unclear whether the restriction on alienation of benefits extended to a transfer of the interests of a nonemployee spouse who predeceases the employee spouse, and if so, whether such a disposition is within the QDRO exception. In a two-to-one decision in Ablamis v. Roper, the Ninth Circuit held that the exception did not extend to such …

Speak Of The Missing Witness, And Surely He Shall Appear: The Missing Witness Doctrine And The Constitutional Rights Of Criminal Defendants—State V. Blair, 117 Wash. 2d 479, 816 P.2d 718 (1991), Carl T. Edwards

Washington Law Review

In State v. Blair, the Washington Supreme Court held for the first time that the state may use the missing witness doctrine against criminal defendants. Under the missing witness doctrine, which provides a permissive inference based on a defendant's failure to present available witnesses, prosecutors may now argue that a defendant failed to call certain witnesses because the defendant feared that their testimony would have been incriminating. This Note examines the court's decision in State v. Blair, the formulation of the missing witness doctrine adopted by the court, and the common law origins of the missing witness doctrine. This Note …

Office Of Administrative Law, L. Rainey

California Regulatory Law Reporter

No abstract provided.

The Screaming Eagle Summer 1992, Blue Cross And Blue Shield Of Florida, Inc.

Florida Blue Archives Printed Materials

Summer 1992 quarterly newsletter for employees.

Fault Tolerance In Concurrent Systems Through Formal Methods, H. Lutfiyya, B. M. Mcmillin

Computer Science Technical Reports

An important aspect which is often overlooked in the software design cycle is the question of assurance. Many methodologies in the past have attempted to provide assurance efficiently, but have never been sucessful at eliminating explicit time and space redundancy. One approach is the Application-Oriented Fault Tolerance Paradigm, which provides assurance by examining the behavior and propenies of the application and deriving executable assertions for the detection of faults. Previous work has demonstrated the feasibility of the application-oriented fault tolerance paradigm for various applications. However, the executable assertions were guided by the natural constraints of the problem. This work focuses …

Deference Running Riot: Separating Interpretation And Lawmaking Under Chevron, Michael E. Herz

Articles

No abstract provided.

Personal Narratives And Racial Distinctiveness In The Legal Academy, Maria O'Brien

Faculty Scholarship

A small group of legal academicians is embroiled in yet another debate that, to the uninitiated at least, appears to have little or nothing to do with "the law." ¹ This time the issue is the ideology of legal writing style-that is, does a growing, unique body of legal scholarship that draws on the personal experiences of minority faculty and, arguably, reflects the racial oppression these scholars have suffered, produce "distinct normative insights?" ² Professor Patricia Williams of the University of Wisconsin clearly believes that it does.

In her new book, The Alchemy of Race and Rights,³ which is …

The Trustee’S Strong Arm Power Under The Bankruptcy Code, David G. Carlson

Articles

No abstract provided.

Dilemmas Of Justice, Stephen J. Schulhofer, Michel Rosenfeld

Articles

The Hungarian Constitutional Court's decision to invalidate a retroactivity law aimed at prosecuting crimes committed during the prior regime highlights a tension between rule-of-law principles and demands for retributive justice. The court ruled that extending or reopening statutes of limitations violated constitutional guarantees of legal certainty, non-retroactivity, and the protection of rights previously conferred. The decision underscores the court's commitment to an expansive interpretation of constitutional rights, emphasizing the importance of predictable and foreseeable legal consequences. While the ruling prioritizes rule-of-law values, it leaves unresolved the question of how to address past injustices in post-totalitarian societies.

Choosing Between Normative And Descriptive Versions Of The Judicial Role, Michael E. Herz

Articles

No abstract provided.