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Civil Disobedience, Injunctions, And The First Amendment, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

The Federal Transfer Tax Consequences Of Joint And Mutual Wills, Amy Morris Hess

Scholarly Works

No abstract provided.

The St. Thomas Lawyer 1989 Law Day Address, Edward A. Mccarthy

St. Thomas Law Review

No abstract provided.

Reflections On The Rule Of Law, Chesterfield Smith

St. Thomas Law Review

Justice, fairness, and freedom traditionally have best been assured through the rule of law. Unfortunately, over the years, that truism has led Americans en masse to place less and less interest in developing standards of value above the law. Indeed, our country no longer is ruled by moral consensus. It is ruled instead by the ethic of laws. Thoughtful people understandably are beginning to question whether law alone can fill the void left by the diminished accountability and the lessened responsibility now rampantly evident in individual Americans. However, to those who yearn for a differing quality of societal rules, there …

The Role Of The Lawyer In Society, Wm. Reese Smith Jr.

St. Thomas Law Review

The task of adequately addressing the role of the lawyer in society is not without challenge because of the breadth and complexity of the subject. And necessarily, because my background has given me greater knowledge of the role of law and lawyers in the West, my analysis here draws heavily on the history and traditions of Western societies, while trying to be mindful of other legal traditions as well. Because the great difference among legal systems seems so obvious, perhaps one should begin by focusing on shared experiences in the development of the role of law in society. All legal …

Saudi-Arabian Contract Law: A Comparative Perspective, Carol Lee Childress

St. Thomas Law Review

This paper will focus on a core component of Saudi Arabian business law - the law of contracts - and will look at its development from a U.S. lawyer's perspective. A brief history of Islam and the basic tenets of Islamic law along with a brief description of the Saudi Arabian governmental structure will provide the necessary background information. This paper will go on to highlight the roots of Saudi Arabian contract law in the teachings of Islam, including the conflicts over the interpretation of the Shari'a, and point out aspects of Islamic law that are quite foreign to the …

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 2, Issue 1, Spring 1990.

Introduction

St. Thomas Law Review

The ST. THOMAS LAW FORUM is designed, first, to give aspiring student writers a platform to display their craft and the force of their imagination. Second, the FORUM affords top students an opportunity they enjoy at most other institutions of legal education: to edit a law review. The editing function hones their skills of legal writing and of written communication in general. It also forces them to observe and enforce the strict standards of the profession. Experience on a law review is a badge of honor, worn proudly throughout a lifetime in the legal profession. Third, and most important, the …

1989 Commencement Address, James Lawrence King

St. Thomas Law Review

No abstract provided.

The Manipulation Of Consent: Congressional Limits On Early Election Calls And The United States Constitution, Richard A. Morgan

St. Thomas Law Review

This article will investigate the disruption created by the early election predictions. It will evaluate the usefulness and lawfulness of a federal enactment that would prevent the networks from disseminating exit polling data on Presidential elections prematurely. It will conclude that such restraints do not contravene the First Amendment, or other provisions of the Constitution of the United States.

The Prosecutor's Wild Card: Certifying Juveniles For Trial As Adults Under The Indictment Provision Of The Florida Juvenile Justice Act, Barbara Jean Burns

St. Thomas Law Review

To brand a child a criminal for life is harsh enough retribution for almost any offense. But it becomes an all but inconceivable response when we realize that to so brand him may in fact make him a criminal for life.... [C]asting a youthful offender to the wolves who prowl adult jails may well dash any hope that he will mature to be a civilized man. During the last thirty years, the juvenile justice system has been the focus of controversy ranging from concern over the lack of "due process" safeguards inherent in its informal procedures, to public outrage over …

Metaphors In The Construction Of Theory: Ramus, Peirce And The American Mind, Laurel Warren Trufant

Doctoral Dissertations

This study argues for the mutual impenetration of logical, legal and scientific metaphors and attempts to determine the role played by them in the construction of theory. Specifically it attempts to discover the impact which the metaphors of topical logic may have had on the construction of American ideology.

Chapter 1 offers a brief discussion of logical metaphors and their relation to the social and intellectual settings which generate them. Chapter 2 extends that discussion to principles of positive law and political order as they developed in the unstable atmosphere of 16th Century Europe. Chapters 3, 4 and 5 attempt …

Review Of Christopher F. Mooney, Public Virtue: Law And The Social Character Of Religion (1986), Leslie C. Griffin

Scholarly Works

No abstract provided.

The Legal Status Of The Unborn After Webster, Jeffrey A. Parness

Faculty Articles, Papers, and Other Scholarship

The recent U.S. Supreme Court decision in Webster v. Reproductive Health Services, as well as recent advances in our understanding of human reproduction, has prompted new dialogue on the legal status of the unborn and on the level of legal protection appropriate for potential human life. In joining the dialogue, this commentary is prompted by several concerns. First, the landmark decision in Roe v. Wade has frequently been misunderstood, creating much confusion over the permissible boundaries of protecting potential human life. A debate about laws pertaining to the unborn must be founded upon a proper understanding of what the Supreme …

Respecting State Judicial Articles, Jeffrey A. Parness

Faculty Articles, Papers, and Other Scholarship

Differences in the establishment and empowerment of American judicial systems should trigger variations in the ways in which cases are handled and law is practiced. Such differences are found in the sections of state constitutions dealing with the judiciary and known as judicial articles. Unfortunately, those differences are often overlooked. Perhaps the oversight is partially attributable to the widely held view that any variations in the constitutional foundations of judicial systems are meaningless, in that no practical consequences flow from them. In effect this view parallels the popular notion that all seemingly comparable branches of state governments actually have comparable …

Abortion Rights (Symposium: The Supreme Court And Local Government Law; The 1989-90 Term), Eileen Kaufman

Scholarly Works

No abstract provided.

Table Of Contents

Touro Law Review

No abstract provided.

Fraud Bases Of Bulk Transferee Liability, Peter A. Alces

Faculty Publications

No abstract provided.

Shortened Judicial Term May Prove To Be Lucky, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Hedonic Damages: Properly A Factor Within Pain And Suffering Under 42 U.S.C. Section 1983, Patrick B. Murray

Northern Illinois University Law Review

This article analyzes the developing trend of awarding damages for the loss of life's pleasures, i.e., "hedonic damages." Although framed within the context of 42 U.S.C. § 1983, the article addresses the underlying tort principles to be considered by all courts when fashioning appropriate remedies. Whether hedonic damages should be awarded in addition to those traditionally granted for pain and suffering and whether courts overstep their authority in this area are considered. This article takes the position that hedonic damages are an illegitimate exercise which result in duplicative recovery for the plaintiff and an attempt to punish the defendant commensurate …

Coy V. Iowa: The Effect Of A Face-To-Face Confrontation Requirement On Statutes Shielding Child Witnesses, Janet D. Glick

Northern Illinois University Law Review

This note examines the Supreme Court's decision which precludes the use of a screen to obstruct a witness' view of the defendant during a criminal trial. Although the Court attached great importance to the psychological impact of facing the accused, this note concludes the Coy decision will not serve to prohibit obstructing a witness' view of the defendant when such measures are found necessary to protect the witness.

Fetal Rights - A Bibliography, Rebecca S. Trammell

Northern Illinois University Law Review

This annotated bibliography, focusing on fetal rights and maternal/fetal conflicts, attempts to identify significant medical and legal journal articles that address these issues from a legal perspective. Articles date from approximately 1970 through 1989.

Corporate Counsels' Lack Of Retaliatory Discharge Action, Nancy K. Renfer

Northern Illinois University Law Review

This comment examines the denial of a retaliatory discharge cause of action to corporate counsel. Such a denial was the result of judicial concern over the need to protect the attorney-client relationship. The author concludes that, as a result, corporate attorneys have fewer employment rights and protections than any of their fellow employees. This comment advocates three possible solutions through which corporate counsel may maintain a retaliatory discharge action.

Lawyer - Fall 1989, Seattle University School Of Law

Lawyer

• Hiring Practices Discriminate Against Disabled
• Lawyers Provide Leadership for Top Academic Posts
• National Media Lauds Academics, Location, Tuition
• Walkover Influence Extends Far Beyond the Law Center (Dean Jim Bond)
• Beyond the Practice of Law: Graduates Pursue Careers in Nontraditional Fields, but Credit Legal Training for Their Success (by Barb Beatty ’88)

Law, Medicine, And Social Justice, Todd D. Volker

Northern Illinois University Law Review

This review examines the recent book by Larry L. Palmer, Vice President for Academic Programs and Professor of Law at Cornell University. The book itself, an analysis of the interplay between law and medicine in light of contemporary advances in health care, offers a social, "institutional" approach for dealing with the problems presented by recent medical developments. According to Volker, Palmer's work makes great strides toward practical answers to some of the more pressing moral questions of our time.

Vol. 13 No. 1 (1989): Pacific Studies Full Issue, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Pacific Studies is published two times a year by The Jonathan Nāpela Center for Hawaiian and Pacific Studies, Brigham Young University Hawai‘i #1979, 55–220 Kulanui Street, Lāʻie, Hawai‘i 96762, but responsibility for opinions expressed in the articles rests with the authors alone. Subscription rate is US$40.00 yearly, payable to The Jonathan Nāpela Center for Hawaiian and Pacific Studies. The Jonathan Nāpela Center for Hawaiian and Pacific Studies (formerly The Pacific Institute) is an organization funded by Brigham Young University Hawai‘i. The Center assists the University in meeting its cultural and educational goals by undertaking a program of teaching, research, and …

Information, Privilege, Opportunity And Insider Trading, Robert W. Mcgee, Walter E. Block

Northern Illinois University Law Review

This commentary discusses the economic, ethical and legal aspects of insider trading. The nature of insider trading is explored and the issues are analyzed to determine what part, if any, government should play in the regulation of insider trading.

Reconstructing The Origins Of Realistic Jurisprudence: A Prequel To The Llewellyn-Pound Exchange Over Legal Realism, Neh Hull

Duke Law Journal

No abstract provided.

The Teaching Of Law In France, Claudine Bloch

Dalhousie Law Journal

For a little over thirty years the teaching of law in France has conjured up the image of a vast expanse of land, the boundaries of which are continually being extended: the observer will see a succession of cultivated fields, plots of land which are constantly being tilled so that one wonders if they will ever bear a crop; but he will also see ground lying fallow which is coveted by the wealthy and the pioneers: they plough their furrows, which they then either abandon or untiringly plough even deeper or longer. These remarks, preceding the presentation of so serious …

The Jurisprudence Of Poetic License, Calvin R. Massey

Duke Law Journal

No abstract provided.