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The Constitutional Dilemma Of Litigation Under The Independent Counsel System, William K. Kelley

Journal Articles

The independent counsel system as established by the Ethics in Government Act of 1978 has put different components of the executive branch, such as the President and Department of Justice in the position of litigating against a special counsel. Litigation is not only a bad idea, it also gives rise to a serious constitutional dilemma. It either violates Article III because there is insufficient adversity to support litigation between the parties. Or it violates Article II, by preventing the President and his subordinates from controlling central functions of the executive branch, and places the independent counsel, an inferior officer, in …

What Is The Common Good, And Why Does It Concern The Client's Lawyer?, John M. Finnis

Journal Articles

Why is anything of real concern to any of us? Because, besides our simply emotional motives, we have reasons for action (which may be supported or opposed by our emotions). What are reasons for action? Some are instrumental, means to further ends: I have reason to start reading this paper to you, and you had reason to come back into the room to hear it. What reasons? Well, doing so is my contribution to this symposium's reflection on its subject-matter. That reflection, in turn, is intended to be instrumental in promoting a wider and deeper understanding of an important set …

The Inherent Irrationality Of Judgment Proofing, Steven L. Schwarcz

Faculty Scholarship

In recent articles in the Yale Law Journal and the Stanford Law Review, Professor Lynn M. LoPucki has sparked much academic discussion arguing that recent developments in corporate law have led to an erosion in the system of corporate liability, such that it might one day prove impotent. LoPucki has argued that transactions such as asset securitizations, sale-leasebacks, and corporate structures in which liabilities are placed in asset-poor subsidiaries are driving this change. One early critic to the LoPucki thesis, Professor James J. White, has argued that empirical data show no evidence of increasing use of judgement proofing techniques. In …

Commenting On Student Writing, Beth Cohen, Jocelyn Cuffee, Harris Freeman, Jeanne M. Kaiser, Myra G. Orlen

Faculty Scholarship

The Authors from Western New England College School of Law discuss perspectives on and approaches to responding to student writing.

The Intersection Of Peremptory Challenges, Challenges For Cause, And Harmless Error, William G. Childs

Faculty Scholarship

The Author provides a history and overview of peremptory challenges and their relationship with challenges for cause. Part I of the Article outlines the various types of state statutes and state case law related to the mandatory or permissive use of peremptory challenges to correct perceived error in deciding challenges for cause.

Part II includes a discussion of the current law of error analysis in the federal courts and recent trends in that area of law. Part III consists of a review of the Supreme Court case law involving error analysis and peremptory challenges. This Part examines the specific situation, …

Leveling The Playing Field: Reforming The Office For Civil Rights To Achieve Better Title Ix Enforcement, Sudha Setty

Faculty Scholarship

In this Article the Author discusses improving Title IX compliance in athletic programs by reforming the Office for Civil Rights ("OCR"), the agency within the Department of Education responsible for Title IX enforcement. The Author addresses several problem areas within OCR's procedures, including OCR's approach toward student grievances, its standards for assessing alleged Title IX violations, and its inadequate monitoring and enforcement of institutions in violation of Title IX.

Part I introduces the history of Title IX. Part II describes the legislation and regulations that mandate gender equity in educational institutions. Part III summarizes the case law that has affected …

A Professional Competency Survey Of Organizational Consultants In San Diego County, Angie Mays Edd

Dissertations

The purpose of this study was to gain a clearer understanding of the rapidly growing field of Organizational Consulting. Specifically, this research focuses on developing profiles of various types of organizational consultants in San Diego County. The types of profiles considered included: Executive Coaches, Feedback Specialists, Motivational Speakers, Trainers, Educators, and Consultants. The research topics examined included: background and professional preparation of consultants, professional resources utilized, interventions most commonly used, and level of job satisfaction. A descriptive survey was employed to aid in the investigation. The questionnaire consisted of questions revised from Waller's (1988) national survey of training consultants, and …

Hayekian Socialism , Richard A. Epstein

Maryland Law Review

No abstract provided.

The Tort Liability Regime And The Duty To Defend , Ellen S. Pryor

Maryland Law Review

No abstract provided.

Agostini V. Felton: Shifting The Evidentiary Burden In Establishment Clause Challenges Back To The Plaintiff, Brian Saccenti

Maryland Law Review

No abstract provided.

Magnificent Failure Revisited: Modern Maryland Constitutional Law From 1967 To 1998, Dan Friedman

Maryland Law Review

No abstract provided.

When Does A Work Infringe The Derivative Works Right Of A Copyright Owner?, Amy B. Cohen

Faculty Scholarship

Consider the following fact situation: A, an artist, designs art work and registers the copyright in that art work. A then licenses P to publish note cards using the art work. The note cards are published by P and distributed to retail card stores. T purchases several hundred cards and then takes each card, glues it carefully to a ceramic tile, and sells the tiles for a profit as "tile art" that purchasers can use to decorate walls, counters, even floors. If A now sues T for copyright infringement, how should the court rule? Has T infringed A's copyright?

In …

Virginia Dental Journal (Vol. 76, No. 3, 1999)

Virginia Dental Journal

No abstract provided.

Lawyer Disclosure To Prevent Death Or Bodily Injury: A New Look At Spaulding V. Zimmerman, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Attitudes Toward Sexuality And Spiritual Well-Being Among Nazarene Pastors In The English-Speaking Caribbean, Rhonda L. Carrim

ATS Dissertations

No abstract provided.

Mission And Church : A Study Of The Relationship Between Oms International And The Missionary Church Of Brazil, Melvin R. Noah

ATS Dissertations

No abstract provided.

Developing And Implementing A Christian Marriage Enrichment Program For Chinese Immigrants, David J. Wu

ATS Dissertations

No abstract provided.

A Helpful And Efficient Irs: Some Simple And Powerful Suggestions, Joshua D. Rosenberg

Kentucky Law Journal

No abstract provided.

17Β-Estradiol Enhances Nmda Receptor-Mediated Epsps And Long-Term Potentiation, Michael Foy, J. Xu, X. Xie, R. D. Brinton, R. F. Thompson, T. W. Berger

Psychological Science Faculty Works

17β-estradiol enhances NMDA receptor-mediated EPSPs and long-term potentiation. Gonadal steroid hormones influence CNS functioning through a variety of different mechanisms. To test the hypothesis that estrogen modulates synaptic plasticity in the hippocampus, in vitro hippocampal slices from 2-mo-old Sprague-Dawley male rats were used to determine the effect of 17β-estradiol on bothN-methyl-d-aspartate (NMDA) receptor-mediated excitatory postsynaptic potentials (EPSPs) through intracellular recordings and long-term potentiation (LTP) through extracellular recordings. Intracellular EPSPs and extracellular field EPSPs (fEPSPs) were recorded from CA1 pyramidal cells by stimulating Schaffer collateral fibers. In intracellular experiments, slices were perfused with medium containing bicuculline (5 μM) and …

A Sense Of Place, Douglas E. Christie

Theological Studies Faculty Works

No abstract provided.

Measuring The Diameter Of Your Blind Spot, Jeff Sanny

Physics Faculty Works

A simple experiment to determine the diameter of the blind spot is described. Students are divided into groups of three and work together to perform the experiment. The procedure takes about 15 minutes and seems to be quite enjoyable to the class.

Language, Priestly Identity, And Ordination, Thomas P. Rausch

Theological Studies Faculty Works

No abstract provided.

Review Of John A. Wood, Perspectives On War In The Bible, Daniel L. Smith-Christopher

Theological Studies Faculty Works

No abstract provided.

Mach’S Principle In A Mixed Newton-Einstein Context, Evert Jan Post, Michael Berg

Mathematics, Statistics and Data Science Faculty Works

A closed physical space, in conjunction with scalar versus pseudo scalar distinctions, and an accordingly adapted Gauss theorem, reveal unexpected perspectives on Mach's principle, the mass-energy theorem, and a bonus insight into the nature of the solutions of the Einstein field equations of gravity.

Finite Type Link Homotopy Invariants, Blake Mellor

Mathematics, Statistics and Data Science Faculty Works

Bar-Natan used Chinese characters to show that finite type invariants classify string links up to homotopy. In this paper, I construct the correct spaces of chord diagrams and Chinese characters for links up to homotopy. I use these spaces to show that the only rational finite type invariants of link homotopy are the pairwise linking numbers of the components.

Putting The Cart Before The Horse: Agostini V. Felton Blurs The Line Between Res Judicata And Equitable Relief, Michael R. Tucci

Case Western Reserve Law Review

No abstract provided.

Service Over The "Net": Principles Of Contract Law In Conflict, Jody Storm Gale

Case Western Reserve Law Review

No abstract provided.

When Different Means The Same: Applying A Different Standard Of Proof To White Plaintiffs Under The Mcdonnel Douglas Prima Facie Case Test, Angela Onwuachi-Willig

Case Western Reserve Law Review

No abstract provided.

Securities Trading: A Contractual Perspective, Jonathan R. Macey

Case Western Reserve Law Review

No abstract provided.

Insider Trading, Investor Harm, And Executive Compensation, Robert B. Thompson

Case Western Reserve Law Review

No abstract provided.