Law Commons^™

Statutory Prohibitions On The Negotiation Of Insurance Agent Commissions: Substantive Due Process Review Under State Constitutions, Robert H. Jerry Ii, Reginald L. Robinson

Faculty Publications

In Part I, this Article examines and categorizes the state statutes that prohibit an insurance agent from returning a portion of his commission for the sale of the policy to the consumer. Part II discusses substantive due process' in the state courts. After briefly summarizing the rise and fall of federal substantive due process, this part explores the use of state constitutions as independent constitutional authority in the area of economic regulation. This part concludes that two distinct models of substantive due process analysis exist in the state courts. Part III comments on two recent cases where the validity of …

Exorcising The Bugaboo Of "Comparable Worth": Disparate Treatment Analysis Of Compensation Differences Under Title Vii, Mack Player

Faculty Publications

No abstract provided.

Enlightened Social Insurance In A World Made Safer, Stephanie M. Wildman

Faculty Publications

No abstract provided.

Citizenship, Alienage, And Ethnic Origin Discrimination In Employment Under The Law Of The United States, Mack Player

Faculty Publications

INTRODUCTION

This paper will survey the federal law of discrimination in employment based on ethnic origin, alienage, and citizenship. There are a number of sources of this law, many of them overlapping. The federal constitution provides some protections, but only to governmental employees or applicants. The traditional centerpiece of employment discrimination law is Title VII of the Civil Rights Act of 1964. The 1866 Civil Rights Act also provides protection which overlaps with that provided by Title VII. Finally, the recently enacted Immigration Reform and Control Act of 1986 regulates both national origin discrimination, thus duplicating the protections of Title …

On Redrawing Circuit Boundaries — Why The Proposal To Divide The United States Court Of Appeals For The Ninth Circuit Is Not Such A Good Idea, Thomas E. Baker

Faculty Publications

The current U.S. Court of Appeals for the 9th Circuit covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam and the Northern Mariana Islands. Nearly 46 million people live within its boundaries. As a result, the 9th Circuit has the largest caseload and takes the most time of any federal circuit court to dispose of cases. Despite all of this, Professor Baker lays out his argument for why dividing the 9th Circuit is wrong-headed. He starts by giving a detailed history of U.S. circuit courts, including the recent experience of splitting the 5th Circuit. He then takes on …

Toward A Unified Theory Of The Jurisdiction Of The United States Courts Of Appeals, Thomas E. Baker

Faculty Publications

No abstract provided.

Aliens--Immigration And Nationality Act--Foreign Logging Vessels' Crane Operators Are Not Alien Crewmen Entitled To Enter The United States Without Work Visas International Longshoremen's And Warehousemen's Union V. Meese, 833 F.2d 1443 (9th Cir. 1989), Sandee Magliozzi

Faculty Publications

No abstract provided.

What Happens To Unresolved Grievances When The Grievance Procedure Does Not Provide For Binding Arbitration?, Jay E. Grenig

Faculty Publications

No abstract provided.

After We're Gone: A Commentary, Michael A. Middleton

Faculty Publications

Professor Bell has placed before us a basic question that must be dealt with by all who wish to resolve the difficulties inherent in governing a free society. That question is one with which the framers of our Constitution grappled and that baffles us still. How does a society effectively govern itself and at the same time guarantee equal liberty for all? More specifically, in the racial context presented by The Chronicle of the Space Traders, when may government act for the benefit of society in a manner that is detrimental to some of its citizens because of their race?

Hearsay: Part Iii, Paul C. Giannelli

Faculty Publications

No abstract provided.

Hearsay: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.

The Costs Of Settlement: The Impact Of Scarcity Of Adjudication On Litigating Lawyers, Kevin C. Mcmunigal

Faculty Publications

This Article, by comparison, focuses on the implications of lack of trial experience for litigating lawyers. Does lack of trial experience affect the way lawyers function in litigation? Does it influence their performance as advocates? As negotiators settling cases? Does it affect adherence to existing ethical standards such as those regarding competence and conflict of interest? Can one expect lawyers to understand, respect, and adhere to the values of an ethical and legal system premised, as ours is, upon a process of adjudication lawyers seldom, if ever, experience? Do the answers to these questions yield any insight for guiding reform …

Emergency In The Constitutional Law Of The United States, William B. Fisch

Faculty Publications

In the following report I shall concentrate on the law as pronounced by the United States Supreme Court, which has, within the sphere of judicial competence, the last say on the interpretation of the Constitution. The volume of significant litigation on the subject which stops below the Supreme Court has been relatively light, and the constitutional law declared by the lower courts has played a less significant role than is the case in many other issues. Indeed, as we shall see, the Supreme Court itself has had less to say on the topic than might be hoped for. I shall …

Inadvertent Waiver Of The Attorney-Client Privilege By Disclosure Of Documents: An Economic Analysis, Alan J. Meese

Faculty Publications

No abstract provided.

Rethinking First Amendment Assumptions About Racist And Sexist Speech, Rodney A. Smolla

Faculty Publications

No abstract provided.

The Exclusion Of Evidence In The United States, Paul Marcus

Faculty Publications

No abstract provided.

The Marquette Lawyer, James D. Ghiardi

Faculty Publications

No abstract provided.

“Our Federalism” In Pennzoil Co. V. Texaco, Inc. Or How The Younger Doctrine Keeps Getting Older Not Better, Thomas E. Baker

Faculty Publications

No abstract provided.

Teaching Legal Ethics In A Program Of Comprehensive Skills Development, James E. Moliterno

Faculty Publications

No abstract provided.

Editor's Comments, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

Welcome To The Constantly Evolving Field Of Administrative Law, Paul R. Verkuil

Faculty Publications

No abstract provided.

Exxon Collides With The "Valdez Principles", Jayne W. Barnard

Faculty Publications

No abstract provided.

Giving Voice To Shareholder Choice, Jayne W. Barnard

Faculty Publications

No abstract provided.

Metro Broadcasting, Inc. V. Fcc: Requiem For A Heavyweight, Neal Devins

Faculty Publications

No abstract provided.

The Fourth Bite At The Apple: A Study Of The Operation And Utility Of The Social Security Administration's Appeals Council, Charles H. Koch Jr., David A. Koplow

Faculty Publications

The Social Security Administration's Appeals Council performs the fourth and final administrative evaluation of appealed disability claims. Very little information about the Appeals Council has been available to claimants and their representatives, even though claimants must request Appeals Council review before filing an appeal in federal court. In response to criticism and controversy surrounding this obscure branch of the Social Security Administration, the Administrative Conference of the United States (ACUS) asked Professors Koch and Koplow to study the Appeals Council's effectiveness in disability claims and adjudication. In this Article, the authors examine Appeals Council operations and the Council's relationship to …

Fraud Bases Of Bulk Transferee Liability, Peter A. Alces

Faculty Publications

No abstract provided.

The Due Process Defense In Entrapment Cases, The Journey Back, Paul Marcus

Faculty Publications

No abstract provided.

The Necessary Interrelationship Between Land Use And Preservation Of Groundwater Resources, Linda A. Malone

Faculty Publications

No abstract provided.

The Legal Skills Program At The College Of William And Mary: An Early Report, James E. Moliterno

Faculty Publications

No abstract provided.

Exchange On The Eleventh Amendment, Calvin R. Massey, William P. Marshall, Lawrence C. Marshall, William A. Fletcher

Faculty Publications

No abstract provided.