Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 13 of 13

Full-Text Articles in Law

Alternative Models Of Ante-Mortem Probate And Procedural Due Process Limitations On Succession, Gregory S. Alexander, Albert M. Pearson Nov 1979

Alternative Models Of Ante-Mortem Probate And Procedural Due Process Limitations On Succession, Gregory S. Alexander, Albert M. Pearson

Cornell Law Faculty Publications

Ante-mortem probate stands as a significant recent development in the American law of wealth succession. It confronts a problem that seriously impairs our probate system, the depredatious will contest, and promises to help revitalize the probate process. Already enacted in several states and currently under active study by the Joint Editorial Board of the Uniform Probate Code and the National Conference of Commissioners on Uniform State Laws, ante-mortem probate is likely to be widely implemented in some form. But while legislators and academics alike support ante-mortem probate as a general idea, disagreement has emerged over the specific form it should …


The Concept Of Function And The Basis Of Regulatory Interests Under Functional Choice-Of-Law Theory: The Significance Of Benefit And The Insignificance Of Intention, Gregory S. Alexander Oct 1979

The Concept Of Function And The Basis Of Regulatory Interests Under Functional Choice-Of-Law Theory: The Significance Of Benefit And The Insignificance Of Intention, Gregory S. Alexander

Cornell Law Faculty Publications

Recent literature and judicial opinions have recognized the need for control and consistency in choice of law. Although the formulation of choice-of-law theory in terms of the states' interests in the conflicting rules at issue has gained wide acceptance, the courts have been unable to agree upon criteria for determining when a state has a valid interest in dispute resolution. Moreover, courts frequently appear all too eager to use contemporary choice-of-law analysis to justify local regulation of multistate disputes despite insubstantial local relationships. The inconsistency and local bias both stem from the lack of a coherent theory for discerning the …


Scope Of The Physician’S Duty To Reduce Risks Posed By Epileptic Drivers, H. Richard Beresford Jul 1979

Scope Of The Physician’S Duty To Reduce Risks Posed By Epileptic Drivers, H. Richard Beresford

Cornell Law Faculty Publications

No abstract provided.


Renewed Judicial Controversy Over Defective Product Design: Toward The Preservation Of An Emerging Consensus, James A. Henderson Jr. Jun 1979

Renewed Judicial Controversy Over Defective Product Design: Toward The Preservation Of An Emerging Consensus, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.


Policing Contract Modifications Under The Ucc: Good Faith And The Doctrine Of Economic Duress, Robert A. Hillman May 1979

Policing Contract Modifications Under The Ucc: Good Faith And The Doctrine Of Economic Duress, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.


The Code Of Professional Responsibility As A Measure Of Attorney Liability In Civil Litigation, Charles W. Wolfram May 1979

The Code Of Professional Responsibility As A Measure Of Attorney Liability In Civil Litigation, Charles W. Wolfram

Cornell Law Faculty Publications

No abstract provided.


France: Libraries Of Law And Librarians, Claire M. Germain Apr 1979

France: Libraries Of Law And Librarians, Claire M. Germain

Cornell Law Faculty Publications

No abstract provided.


Public Assurance Of An Adequate Minimum Income In Old Age: The Erratic Partnership Between Social Insurance And Public Assistance, Peter W. Martin Mar 1979

Public Assurance Of An Adequate Minimum Income In Old Age: The Erratic Partnership Between Social Insurance And Public Assistance, Peter W. Martin

Cornell Law Faculty Publications

No abstract provided.


The Antidumping Law: Repeal It Or Revise It, John J. Barceló Iii Jan 1979

The Antidumping Law: Repeal It Or Revise It, John J. Barceló Iii

Cornell Law Faculty Publications

No abstract provided.


Legal Education And Legal Services--Some Reflections, Roger C. Cramton Jan 1979

Legal Education And Legal Services--Some Reflections, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.


Luther And The Justifiability Of Resistance To Legitimate Authority, Cynthia Grant Bowman Jan 1979

Luther And The Justifiability Of Resistance To Legitimate Authority, Cynthia Grant Bowman

Cornell Law Faculty Publications

No abstract provided.


Escape From Cruel And Unusual Punishment: A Theory Of Constitutional Necessity, Cynthia R. Farina Jan 1979

Escape From Cruel And Unusual Punishment: A Theory Of Constitutional Necessity, Cynthia R. Farina

Cornell Law Faculty Publications

The inmate who escapes from a federal or state prison and seeks to introduce evidence of unconstitutionally cruel and unusual confinement conditions to defend her action is barred by the well-established rule that prison conditions alone, no matter how intolerable or inhumane, neither justify nor excuse escape. If she attempts to use the defense of necessity—a limited exception to this rule—the prisoner will be required to show that a specific, imminent threat of death or serious injury prompt her escape. Evidence of prolonged or repeated deprivation and mistreatment sufficient to prove a violation of the eighth amendment may not be …


Property, E. F. Roberts Jan 1979

Property, E. F. Roberts

Cornell Law Faculty Publications

No abstract provided.