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Articles 61 - 90 of 101
Full-Text Articles in Law
Disclosure Of Church Archives In Cases Of Criminal Misconduct By Clergymen, Marc L. Terry
Disclosure Of Church Archives In Cases Of Criminal Misconduct By Clergymen, Marc L. Terry
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
International Arbitration And Procedures To Enforce Awards In The Relationship Between The United States And Germany, Michael Kronenburg
International Arbitration And Procedures To Enforce Awards In The Relationship Between The United States And Germany, Michael Kronenburg
LLM Theses and Essays
Arbitration has long been regarded as a process that combines finality of decision with speed, low expense, and flexibility in solving problems. For these reasons, arbitration is often favored over litigation for dispute resolution. Particularly in international cases, a businessman may avoid litigation in a foreign country for various reasons: he may be unfamiliar with the proceedings; he may be afraid to find a “forum hostile” because of the different legal and cultural background of the judges; and he may wish to avoid the uncertainty concerning the law arising from the contract. Arbitration proceedings have been held constitutional by the …
Vexatious Litigation As Unfair Competition And The Applicability Of The Noerr-Pennington Doctrine, Robert L. Tucker
Vexatious Litigation As Unfair Competition And The Applicability Of The Noerr-Pennington Doctrine, Robert L. Tucker
Akron Law Faculty Publications
No abstract provided.
Breathe Deeply: The Tort Of Smokers' Battery, Irene Scharf
Breathe Deeply: The Tort Of Smokers' Battery, Irene Scharf
Faculty Publications
This Article explores the long and faltering history of attempts to impose liability on tobacco product manufactures. Part II traces the manufacturers' historical and current actions of targeting youth through both promotions and deceptive advertising. Part III argues in favor of an expanded cause of action against the manufacturers for the intentional tort of battery. Part IV discusses the prospect of awards of punitive damages in these cases, and the Epilogue summarizes other advantages of the battery cause of action.
What I Tell You Three Times Is True: U.S. Courts And Pre-Award Interim Measures Under The New York Convention, Charles H. Brower Ii
What I Tell You Three Times Is True: U.S. Courts And Pre-Award Interim Measures Under The New York Convention, Charles H. Brower Ii
Law Faculty Research Publications
No abstract provided.
Rape And The Requirement Of Force: Is There Hope For Pennsylvania After Pennsylvania V. Berkowitz?, Crystal S. Deese
Rape And The Requirement Of Force: Is There Hope For Pennsylvania After Pennsylvania V. Berkowitz?, Crystal S. Deese
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Women Litigators In Search Of A Care-Oriented Judicial System, Jennifer A. Freyer
Women Litigators In Search Of A Care-Oriented Judicial System, Jennifer A. Freyer
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Vexatious Litigation As Unfair Competition And The Applicability Of The Noerr-Pennington Doctrine, Robert L. Tucker
Vexatious Litigation As Unfair Competition And The Applicability Of The Noerr-Pennington Doctrine, Robert L. Tucker
Robert L Tucker
No abstract provided.
The Flexible Doctrine Of Spoliation Of Evidence; Cause Of Action, Defense, Evidentiary Presumption And Discovery Sanction, Robert L. Tucker
The Flexible Doctrine Of Spoliation Of Evidence; Cause Of Action, Defense, Evidentiary Presumption And Discovery Sanction, Robert L. Tucker
Robert L Tucker
No abstract provided.
Litigation, E. D'Angelo
The Liability Of Blood Banks And Manufacturers Of Clotting Products To Recipients Of Hiv-Infected Blood: A Comparison Of The Law And Reaction In The United States, Canada, Great Britain, Ireland, And Australia, 27 J. Marshall L. Rev. 465 (1994), Joseph Kelly
UIC Law Review
No abstract provided.
Growing Pains For The Board Of Patent Appeals And Interferences: A Plan For Restoring Judicial Independence, 29 J. Marshall L. Rev. 171 (1995), Scott E. Baxendale
Growing Pains For The Board Of Patent Appeals And Interferences: A Plan For Restoring Judicial Independence, 29 J. Marshall L. Rev. 171 (1995), Scott E. Baxendale
UIC Law Review
No abstract provided.
Metaphors Matter: How Images Of Battle, Sports And Sex Shape The Adversary System, Elizabeth G. Thornburg
Metaphors Matter: How Images Of Battle, Sports And Sex Shape The Adversary System, Elizabeth G. Thornburg
Faculty Journal Articles and Book Chapters
Metaphors are not pretty figures of speech; they affect the way people within cultures perceive reality. It is therefore significant that the metaphors most commonly used for the adversary system center on war and sports. This tends to over-emphasize the competitive aspects of litigation and disguise opportunities for more cooperative behavior. This article collects and analyzes those metaphors, and discusses the reasons for their powerful hold on legal culture. It also considers some of the negative effects of the metaphorical system and speculates about whether we could find and nurture alternative metaphors.
Editor's Note, Daniel C. Hohler
Editor's Note, Daniel C. Hohler
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Discoverability Of Department Of Social Service Records In Childhood Lead Paint Poisoning Cases: Privilege Or Prejudice, Lisa Neal Healy
Discoverability Of Department Of Social Service Records In Childhood Lead Paint Poisoning Cases: Privilege Or Prejudice, Lisa Neal Healy
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Massachusetts Law On The Inadmissibility Of Evidence Of A Suspect's Refusal To Test In Drunk Driving Cases: A Self-Defeating Approach, Lori Richmond Gershon
Massachusetts Law On The Inadmissibility Of Evidence Of A Suspect's Refusal To Test In Drunk Driving Cases: A Self-Defeating Approach, Lori Richmond Gershon
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
The Innominate Exception To The Hearsay Rule In Massachusetts: A Post-Mortem, Devin W. Smith
The Innominate Exception To The Hearsay Rule In Massachusetts: A Post-Mortem, Devin W. Smith
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
The Constitutionality Of Cashing In On Crime: Free Expression, Free Enterprise And Not-Profit Conditions Of Probation, Michelle L. Learned
The Constitutionality Of Cashing In On Crime: Free Expression, Free Enterprise And Not-Profit Conditions Of Probation, Michelle L. Learned
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
The Admissibility Of Dna Evidence In Massachusetts After Commonwealth V. Lanigan, Theodore R. Allen
The Admissibility Of Dna Evidence In Massachusetts After Commonwealth V. Lanigan, Theodore R. Allen
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Motion To Dismiss: Drunk Driving And The Double Jeopardy Clause, Adam A. Rowe
Motion To Dismiss: Drunk Driving And The Double Jeopardy Clause, Adam A. Rowe
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Alternative Dispute Resolution In Massachusetts: The Road To 2022 Is Not Without Potholes, Heather Winston Gebbia
Alternative Dispute Resolution In Massachusetts: The Road To 2022 Is Not Without Potholes, Heather Winston Gebbia
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Reviewing Loan Files For Evidence Of Discrimination, 28 J. Marshall L. Rev. 351 (1995), Zina Gefter Greene
Reviewing Loan Files For Evidence Of Discrimination, 28 J. Marshall L. Rev. 351 (1995), Zina Gefter Greene
UIC Law Review
No abstract provided.
Investigating Claims Of Discrimination In Housing Finance, 28 J. Marshall L. Rev. 371 (1995), Stephen M. Dane
Investigating Claims Of Discrimination In Housing Finance, 28 J. Marshall L. Rev. 371 (1995), Stephen M. Dane
UIC Law Review
No abstract provided.
Rock-A-Bye Lawsuit: Can A Baby Sue The Hand That Rocked The Cradle, 28 J. Marshall L. Rev. 429 (1995), Geoffrey A. Vance
Rock-A-Bye Lawsuit: Can A Baby Sue The Hand That Rocked The Cradle, 28 J. Marshall L. Rev. 429 (1995), Geoffrey A. Vance
UIC Law Review
No abstract provided.
Black Rage: The Illegitimacy Of A Criminal Defense, 29 J. Marshall L. Rev. 205 (1995), Kimberly M. Copp
Black Rage: The Illegitimacy Of A Criminal Defense, 29 J. Marshall L. Rev. 205 (1995), Kimberly M. Copp
UIC Law Review
No abstract provided.
Democratic Responses To International Terrorism, Christopher L. Blakesley
Democratic Responses To International Terrorism, Christopher L. Blakesley
Scholarly Works
This volume provides a multidisciplinary study of terrorism. The editor notes at the outset the difficulty of definition: "Terrorism is not a one-dimensional problem; it transcends many frontiers: political, jurisdictional, institutional, disciplinary and methodological. So approaching the problem from only one perspective may lead to only partial understanding and an incomplete strategy for developing constructive responses” (p. 3). Note the tendency of even this careful statement to assume that terrorism is always committed by others, Also, although legal definition and consideration may be implied by the terms polical, jurisdictional, institutional and disciplinary, which are indicated as various dimensions of …
Are Twelve Heads Better Than One?, Phoebe C. Ellsworth
Are Twelve Heads Better Than One?, Phoebe C. Ellsworth
Articles
The jury's competence, unlike that of the judge, rests partly on its ability to reflect the perspectives, experiences, and values of the ordinary people in the community - not just the most common or typical community perspective, but the whole range of viewpoints.
Using Common Sense: A Linguistic Perspective On Judicial Interpretations Of "Use A Firearm", Clark D. Cunningham, Charles J. Filmore
Using Common Sense: A Linguistic Perspective On Judicial Interpretations Of "Use A Firearm", Clark D. Cunningham, Charles J. Filmore
Faculty Publications By Year
No abstract provided.
Evidentiary Use (And Misuse) Of The Civil Defendant's Financial Status, Karen M. Grundy
Evidentiary Use (And Misuse) Of The Civil Defendant's Financial Status, Karen M. Grundy
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Attorney-Client And Work Product Protection In A Utilitarian World: An Argument For Recomparison, Catherine T. Struve
Attorney-Client And Work Product Protection In A Utilitarian World: An Argument For Recomparison, Catherine T. Struve
All Faculty Scholarship
No abstract provided.