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2001

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Articles 46831 - 46860 of 55093

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Transforming The Debate: Why We Need To Include Transgender Rights In The Struggles For Sex And Sexual Orientation Equality, Taylor Flynn Jan 2001

Transforming The Debate: Why We Need To Include Transgender Rights In The Struggles For Sex And Sexual Orientation Equality, Taylor Flynn

Faculty Scholarship

The Author observes that sex and sexual orientation equality jurisprudence is premised upon the traditional understanding of "sex" as determined by anatomy at birth. The presumption typically following from this reduction of sex to anatomy is the notion that certain gendered attributes are inherent in biological male- or femaleness. The Author asserts that these erroneous and unduly narrow views significantly hamper courts' ability to address the core of sex and sexual orientation discrimination-hostility based on failure to conform to conventional gender norms. Surveying workplace, public accommodation, asylum, marriage, and custody cases, Flynn explains how conventional jurisprudence fails a wide array …

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Modeling: Placing Persuasion In Context, Myra G. Orlen Jan 2001

Modeling: Placing Persuasion In Context, Myra G. Orlen

Faculty Scholarship

The Author discusses the use of a contextual model to teach persuasion and its proven success in first year classes at Western New England College School of Law.

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The Political Economy Of Canada's "Widely Held" Rule For Large Banks, Eric J. Gouvin Jan 2001

The Political Economy Of Canada's "Widely Held" Rule For Large Banks, Eric J. Gouvin

Faculty Scholarship

All of the recent changes in foreign access to Canada's banking market have been essentially cosmetic-appearing to make foreign access more liberal while in reality changing the status quo very little. On one point, the so-called widely held rule, Canada does not even bother to pretend that its banking law is friendly to foreign entrants. Under this rule, no person or group may control ten percent or more of a Schedule I bank unless one first obtains the approval of the Minster of Finance. This rule makes foreign acquisition of a Schedule I bank virtually impossible. The widely held rule …

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Has The Fog Cleared - Attorney Work Product And The Attorney-Client Privilege: Texas's Complete Transition Into Full Protection Of Attorney Work In The Corporate Context., Fred A. Simpson Jan 2001

Has The Fog Cleared - Attorney Work Product And The Attorney-Client Privilege: Texas's Complete Transition Into Full Protection Of Attorney Work In The Corporate Context., Fred A. Simpson

St. Mary's Law Journal

The following discussion in this Article fills the gaps in the substantive rules surrounding the attorney work product doctrine and the attorney-client privilege, thereby encouraging practitioners to utilize these tools more freely. Initially, the attorney-client privilege contemplated application only to individuals. As the rule developed in the United States, however, the scope of the privilege broadened until it included corporations. Since 1982, Texas has provided for the attorney-client privilege in Texas Rule of Civil Evidence 503.149. Notably, the Rule defined client in such a way as to include a corporation. Unlike the attorney-client privilege, the work product doctrine developed much …

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No Taxation Without Realization: Srivastava V. Commissioner, The Fifth Circuit's Answer To Tax Treatment Of Attorney's Fees Under A Contingency Fee Agreement., Bernard J. Grant Iii Jan 2001

No Taxation Without Realization: Srivastava V. Commissioner, The Fifth Circuit's Answer To Tax Treatment Of Attorney's Fees Under A Contingency Fee Agreement., Bernard J. Grant Iii

St. Mary's Law Journal

Abstract Forthcoming.

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Jury Erosion: The Effects Of Robinson, Havner, & (And) Gammill On The Role Of Texas Juries., Ricky J. Poole, Kimberly S. Keller Jan 2001

Jury Erosion: The Effects Of Robinson, Havner, & (And) Gammill On The Role Of Texas Juries., Ricky J. Poole, Kimberly S. Keller

St. Mary's Law Journal

Abstract Forthcoming.

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Attorney Referral For Medical Treatment: A Wolf In Disguise., Martin J. Phipps Jan 2001

Attorney Referral For Medical Treatment: A Wolf In Disguise., Martin J. Phipps

St. Mary's Law Journal

Texas attorneys should be obligated to disclose whether they referred their client to a pre-selected physician. Plaintiff attorneys, however, have been allowed to withhold this information from the court arguing the information is privileged. The practice of using a pre-selected physician is unethical and unfairly prejudicial. If the attorney and physician have an agreement, the attorney is likely to send numerous clients to that specific physician in order to receive a discount. The physician in turn is likely to recommend medically unnecessary procedures in order to inflate money damages. Therefore, in order to prevent potential abuse between the attorney-physician relationship, …

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Getting It Right From The Beginning: A Critical Examination Of Current Criminal Defense In Texas And Proposal For A Statewide Public Defender System., Rebecca Copeland Jan 2001

Getting It Right From The Beginning: A Critical Examination Of Current Criminal Defense In Texas And Proposal For A Statewide Public Defender System., Rebecca Copeland

St. Mary's Law Journal

Abstract Forthcoming.

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Religion In Public Schools: Let Us Pray - Or Not., Carolyn Hanahan, David M. Feldman Jan 2001

Religion In Public Schools: Let Us Pray - Or Not., Carolyn Hanahan, David M. Feldman

St. Mary's Law Journal

This Essay addresses judicial interpretation and application of the religious protections of students in public schools. Part II addresses the evolution of the law governing prayer in public schools, including the creation of judicial tests utilized in determining whether a school district has impeded the rights of students in the area of religion. Part III examines the application of these tests to various activities, including a discussion of the disparity in judicial interpretation with respect to the permissibility of prayer at public school functions. This Essay concludes with a discussion analyzing the effect of the recent United States Supreme Court …

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Those Dangerous Student Prayers., Kelly J. Coghlan Jan 2001

Those Dangerous Student Prayers., Kelly J. Coghlan

St. Mary's Law Journal

Abstract Forthcoming.

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Parental Rights In The Twenty-First Century: Parents As Full Partners In Education., Linda L. Schlueter Jan 2001

Parental Rights In The Twenty-First Century: Parents As Full Partners In Education., Linda L. Schlueter

St. Mary's Law Journal

Abstract Forthcoming.

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Interpreting Mineral And Royalty Deeds: The Legacy Of The One-Eighth Royalty And Other Stories., Laura H. Burney Jan 2001

Interpreting Mineral And Royalty Deeds: The Legacy Of The One-Eighth Royalty And Other Stories., Laura H. Burney

St. Mary's Law Journal

Mineral and royalty deeds are notoriously difficult to interpret. Courts complicate the interpretive process in at least two ways. First, they produce opinions that fail to appreciate and explain unique oil and gas concepts. Second, they render deed records unreliable. A variety of title problems flow from this instability. However, a common trait is frequently encountered: the influence of the one-eighth royalty provision typically used for decades in oil and gas leases. Unfortunately, courts have failed to acknowledge this influence. For this reason, title litigation will continue to loom under the legacy of the one-eighth royalty, and title examiners will …

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Internet Property Rights: E-Trespass., John D. Saba Jr. Jan 2001

Internet Property Rights: E-Trespass., John D. Saba Jr.

St. Mary's Law Journal

Plaintiffs whose Internet property rights were violated have depended on the common law tort of trespass to chattels. Plaintiffs in Thrifty-Tel, Inc. v. Bezenek and CompuServe Inc. v. Cyber Promotions, Inc. successfully argued defendants trespassed their chattels. In Thrifty-Tel, defendants hacked into plaintiff’s system to obtain long-distance access codes. The court reasoned that electronic signals were tangible and indirect interference in the form of electronic trespass could support a claim for trespass to chattels. In CompuServe Inc., defendants used plaintiff's internet server to send out mass emails to plaintiff’s clients. The court upheld a permanent injunction holding that electronic signals …

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Priosners No More: State Investment Relocation Incentives And The Prisoners' Dilemma, Daniel P. Petrov Jan 2001

Priosners No More: State Investment Relocation Incentives And The Prisoners' Dilemma, Daniel P. Petrov

Case Western Reserve Journal of International Law

No abstract provided.

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Kosovo And The Law Of Humanitarian Intervention, John J. Merriam Jan 2001

Kosovo And The Law Of Humanitarian Intervention, John J. Merriam

Case Western Reserve Journal of International Law

No abstract provided.

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Masthead, Volume 33 Issue 1 (2001) Jan 2001

Masthead, Volume 33 Issue 1 (2001)

Case Western Reserve Journal of International Law

No abstract provided.

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Volume 33 Issue 1 (2001), Cwru Journal Of International Law Jan 2001

Volume 33 Issue 1 (2001), Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.

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Coming Of Age With Trips: A Comment On J.H. Reichman, The Trips Agreement Comes Of Age: Conflict Or Cooperation With The Developing Countries, Rochelle Cooper Dreyfuss Jan 2001

Coming Of Age With Trips: A Comment On J.H. Reichman, The Trips Agreement Comes Of Age: Conflict Or Cooperation With The Developing Countries, Rochelle Cooper Dreyfuss

Case Western Reserve Journal of International Law

comment on the Reichman article

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Intellectual Property Rights And Economic Development, By Keith Maskus, Robert E. Evenson Jan 2001

Intellectual Property Rights And Economic Development, By Keith Maskus, Robert E. Evenson

Case Western Reserve Journal of International Law

comment on the Markus article

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Argentina's Emerging Standard Of Intellectual Property Protection: A Case Study Of The Underlying Conflicts Between Developing Countries, Trips Standards, And The United States, Kimberly A. Czub Jan 2001

Argentina's Emerging Standard Of Intellectual Property Protection: A Case Study Of The Underlying Conflicts Between Developing Countries, Trips Standards, And The United States, Kimberly A. Czub

Case Western Reserve Journal of International Law

This is called an article in the print version, but it appears to be (a note) written by a law student.

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Trips-Related Aspects Of Traditional Knowledge, Graham Dutfield Jan 2001

Trips-Related Aspects Of Traditional Knowledge, Graham Dutfield

Case Western Reserve Journal of International Law

No abstract provided.

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Masthead, Volume 33 Issue 2 (2001) Jan 2001

Masthead, Volume 33 Issue 2 (2001)

Case Western Reserve Journal of International Law

No abstract provided.

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Finding Justice In South African Labor Law: The Use Of Arbitration To Evaluate Affirmative Action, Carmen Morris Twyman Jan 2001

Finding Justice In South African Labor Law: The Use Of Arbitration To Evaluate Affirmative Action, Carmen Morris Twyman

Case Western Reserve Journal of International Law

No abstract provided.

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Labor Law Reform--Southern Africa, Sarah Christie Jan 2001

Labor Law Reform--Southern Africa, Sarah Christie

Case Western Reserve Journal of International Law

No abstract provided.

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Employment And Labor Law Reform In New Zealand, Richard A. Epstein Jan 2001

Employment And Labor Law Reform In New Zealand, Richard A. Epstein

Case Western Reserve Journal of International Law

No abstract provided.

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Volume 33 Issue 3 (2001), Cwru Journal Of International Law Jan 2001

Volume 33 Issue 3 (2001), Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.

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International Law In Crisis: Seeking The Best Prosecution Model For Somali Pirates, Sandra L. Hodgkinson Jan 2001

International Law In Crisis: Seeking The Best Prosecution Model For Somali Pirates, Sandra L. Hodgkinson

Case Western Reserve Journal of International Law

No abstract provided.

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The Impact Of Third-Party Financing On Transnational Litigation, Cassandra Burke Robertson Jan 2001

The Impact Of Third-Party Financing On Transnational Litigation, Cassandra Burke Robertson

Case Western Reserve Journal of International Law

No abstract provided.

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Price Tag: West Bank Settlers' Terrorizing Of Palestinians To Deter Israeli Government Law Enforcement, Ori Nir Jan 2001

Price Tag: West Bank Settlers' Terrorizing Of Palestinians To Deter Israeli Government Law Enforcement, Ori Nir

Case Western Reserve Journal of International Law

No abstract provided.

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Climate Change And Crises Of International Law: Possibilities For Geographic Reenvisioning, Hari M. Osofsky Jan 2001

Climate Change And Crises Of International Law: Possibilities For Geographic Reenvisioning, Hari M. Osofsky

Case Western Reserve Journal of International Law

No abstract provided.

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