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Articles 6301 - 6330 of 8731

Full-Text Articles in Law

Book Review: Faith In Law: Essays In Legal Theory, S. I. Strong Mar 2001

Book Review: Faith In Law: Essays In Legal Theory, S. I. Strong

Faculty Publications

The essays collected in this book arise out of a series of seminars exploring the relationship between law and faith, broadly defined, and investigate "the many varied links between law and faith", particularly as those links relate to legal theory. While the editors intended to demonstrate the diversity of ways in which the topic can be viewed, this very diversity causes some problems for the reader.

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Legislative Watch: State Bar Urges Adoption Of Ucc Revised Article 9, Ralph Anzivino Feb 2001

Legislative Watch: State Bar Urges Adoption Of Ucc Revised Article 9, Ralph Anzivino

Faculty Publications

No abstract provided.

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Making Our Home In The Works Of God: Lutherans On The Civil Use Of The Law, Marie A. Failinger, Patrick R. Keifert Jan 2001

Making Our Home In The Works Of God: Lutherans On The Civil Use Of The Law, Marie A. Failinger, Patrick R. Keifert

Faculty Publications

No abstract provided.

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Process Considerations In The Age Of Markman And Mantras, Craig Allen Nard Jan 2001

Process Considerations In The Age Of Markman And Mantras, Craig Allen Nard

Faculty Publications

This article asserts that although notions of uniformity and certainty have always been part of patent law parlance, since the Federal Circuit's decision in Markman v. Westview Instruments, Inc., these noble ends have achieved mantra status. In Markman, the Federal Circuit, in the name of uniformity and certainty, characterized claim interpretation as a question of law subject to de novo review, thus positioning itself as the arbiter of claim meaning. If the Federal Circuit is unwilling to exercise greater obeisance toward district court claim interpretations, this article argues that to achieve uniformity and certainty in the context of de novo …

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Privatizing Social Security, Jerry W. Markham Jan 2001

Privatizing Social Security, Jerry W. Markham

Faculty Publications

The 2000 presidential election focused attention on an idea that has been surfacing for some time--the privatization of Social Security. Although opposition remains fierce, proposals for privatization have been gradually gaining acceptance as the inadequacy of benefits from the present system become more apparent, and bankruptcy becomes certain in the absence of additional onerous funding. Resistance to privatization largely centers on concerns that existing participants will lose their contributions and that private accounts may result in investment losses, which would leave future pensioners penniless. The disability and survivor benefits of the present Social Security system also raise concerns for the …

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A Roundtable Discussion With Lawrence Lessig, David G. Post & Jeffrey Rosen, Thomas E. Baker Jan 2001

A Roundtable Discussion With Lawrence Lessig, David G. Post & Jeffrey Rosen, Thomas E. Baker

Faculty Publications

This article is a transcript of a discussion between Lawrence Lessig, David G. Post and Jeffrey Rosen on a variety of issues surrounding law, technology and the Internet. The moderator was Thomas E. Baker and the discussion was part of a Drake University Law School symposium in February of 2001.

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An Obituary Of The Federal Estate Tax, M C. Mirow, Bruce A. Mcgovern Jan 2001

An Obituary Of The Federal Estate Tax, M C. Mirow, Bruce A. Mcgovern

Faculty Publications

The authors adopt the genre of the obituary to discuss the development and present condition of the Federal Estate Tax. Using this form of descriptive narrative, the authors present a concise summary of the most important changes in the tax over the past eighty-five years.

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Borrowing Private Law In Latin America: Andrés Bello's Use Of The Code Napoléon In Drafting The Chilean Civil Code, M C. Mirow Jan 2001

Borrowing Private Law In Latin America: Andrés Bello's Use Of The Code Napoléon In Drafting The Chilean Civil Code, M C. Mirow

Faculty Publications

This article discusses Bello's sources and methods in light of Alan Watson's theory of legal transplants. It provides examples from Bello's drafting of provisions on inheritance law in the Chilean Civil Code and specifically addresses the influence of the Code Napoleon.

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The Emergence Of Jurisdictional Resequencing In The Federal Courts, Scott C. Idleman Jan 2001

The Emergence Of Jurisdictional Resequencing In The Federal Courts, Scott C. Idleman

Faculty Publications

This article addresses a 1999 Supreme Court decision holding that federal courts may address personal jurisdiction, and dismiss a lawsuit for its absence, without first or ever verifying their subject-matter jurisdiction. Examined are the genealogy, components, legitimacy, and future application of this emerging doctrine of resequencing, as well as the extent to which it accords with the Court's professedly restrained approach to federal power. Based on this examination, the article contends that the doctrine represents an unsettling departure from both precedent and jurisdictional theory and that its elements and scope are neither carefully delineated nor grounded in a coherent theory …

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Envisioning A Future For Age And Disability Discrimination Claims, Alison Barnes Jan 2001

Envisioning A Future For Age And Disability Discrimination Claims, Alison Barnes

Faculty Publications

This Article considers the reasons for reinterpretations of age and disability and examines the fundamental reasons for changes in the implementation of both the ADA and ADEA. Part I presents the basic structure and relevant requirements of the two statutes and comments on the reasons their legislative purposes are not often seen as overlapping. Part II discusses the recent Supreme Court decisions that have undermined the purposes and implementation of both the ADA and ADEA and chilled causes of action based on the ADA and ADEA. Part III projects the current problems with anti-discrimination causes into the future, when older …

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Reorganization Of The Professional Sports Franchise, Ralph C. Anzivino Jan 2001

Reorganization Of The Professional Sports Franchise, Ralph C. Anzivino

Faculty Publications

No abstract provided.

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Arbitration Of Olympic Eligibility Disputes: Fair Play And The Right To Be Heard, Jay E. Grenig Jan 2001

Arbitration Of Olympic Eligibility Disputes: Fair Play And The Right To Be Heard, Jay E. Grenig

Faculty Publications

No abstract provided.

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The Americans With Disabilities Act And The Aging Athlete After Casey Martin, Alison M. Barnes Jan 2001

The Americans With Disabilities Act And The Aging Athlete After Casey Martin, Alison M. Barnes

Faculty Publications

No abstract provided.

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Reflections On The Accident At Miller Park And The Prosecution Of Work-Related Fatalities In Wisconsin, Edward A. Fallone Jan 2001

Reflections On The Accident At Miller Park And The Prosecution Of Work-Related Fatalities In Wisconsin, Edward A. Fallone

Faculty Publications

No abstract provided.

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Baseball Cards And The Birth Of The Right Of Publicity: The Curious Case Of Haelan Laboratories V. Topps Chewing Gum, J. Gordon Hylton Jan 2001

Baseball Cards And The Birth Of The Right Of Publicity: The Curious Case Of Haelan Laboratories V. Topps Chewing Gum, J. Gordon Hylton

Faculty Publications

No abstract provided.

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The Historical Origins Of Professional Baseball Grievance Arbitration, J. Gordon Hylton Jan 2001

The Historical Origins Of Professional Baseball Grievance Arbitration, J. Gordon Hylton

Faculty Publications

No abstract provided.

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Religious Freedom And The Interscholastic Athlete, Scott C. Idleman Jan 2001

Religious Freedom And The Interscholastic Athlete, Scott C. Idleman

Faculty Publications

This article delineates the religious rights of interscholastic athletes under the First Amendment Free Exercise Clause. Part I provides a comprehensive overview of contemporary free exercise doctrine, followed by a brief summary of other laws that may govern religion-related conflicts arising in the context of interscholastic athletics. Part II then surveys the types of controversies that can arise in this context and will examine their resolution in light of the governing laws. Part II also offers guidelines to coaches and administrators for the prevention and resolution of such conflicts, including steps that can be taken to avoid First Amendment violations …

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Golf And Torts: An Interesting Twosome, John J. Kircher Jan 2001

Golf And Torts: An Interesting Twosome, John J. Kircher

Faculty Publications

No abstract provided.

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Statewide School Athletic Associations And Constitutional Liability; Brentwood Academy V. Tennessee Secondary School Athletic Association, Alan R. Madry Jan 2001

Statewide School Athletic Associations And Constitutional Liability; Brentwood Academy V. Tennessee Secondary School Athletic Association, Alan R. Madry

Faculty Publications

No abstract provided.

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Privacy In Sports: Recent Developments In The Federal Courts, Michael K. Mcchrystal Jan 2001

Privacy In Sports: Recent Developments In The Federal Courts, Michael K. Mcchrystal

Faculty Publications

No abstract provided.

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The Professional Athlete: Issues In Child Support, Judith G. Mcmullen Jan 2001

The Professional Athlete: Issues In Child Support, Judith G. Mcmullen

Faculty Publications

No abstract provided.

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Foreword, Matthew J. Mitten Jan 2001

Foreword, Matthew J. Mitten

Faculty Publications

No abstract provided.

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Athletes In Trouble With The Law: Journalistic Accounts For The Resentful Fan, David Ray Papke Jan 2001

Athletes In Trouble With The Law: Journalistic Accounts For The Resentful Fan, David Ray Papke

Faculty Publications

No abstract provided.

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Blue-Collar Crimes/White-Collar Criminals: Sentencing Elite Athletes Who Commit Violent Crimes, Michael M. O'Hear Jan 2001

Blue-Collar Crimes/White-Collar Criminals: Sentencing Elite Athletes Who Commit Violent Crimes, Michael M. O'Hear

Faculty Publications

No abstract provided.

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Baseball Diplomacy, Andrea Kupfer Schneider Jan 2001

Baseball Diplomacy, Andrea Kupfer Schneider

Faculty Publications

No abstract provided.

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Fraser V. Mls, L.L.C.: Is There A Sham Exception To The Copperweld Single Entity Immunity?, Michael P. Waxman Jan 2001

Fraser V. Mls, L.L.C.: Is There A Sham Exception To The Copperweld Single Entity Immunity?, Michael P. Waxman

Faculty Publications

No abstract provided.

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Lawyer Fiction In The Saturday Evening Post: Ephraim Tutt, Perry Mason, And Middle-Class Expectations, David Ray Papke Jan 2001

Lawyer Fiction In The Saturday Evening Post: Ephraim Tutt, Perry Mason, And Middle-Class Expectations, David Ray Papke

Faculty Publications

No abstract provided.

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Father (Or Mother) Knows Best: An Argument Against Including Post-Majority Educational Expenses In Court-Ordered Child Support, Judith G. Mcmullen Jan 2001

Father (Or Mother) Knows Best: An Argument Against Including Post-Majority Educational Expenses In Court-Ordered Child Support, Judith G. Mcmullen

Faculty Publications

No abstract provided.

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Protection Of The Athlete’S Identity: The Right Of Publicity, Endorsements And Domain Names, Paul M. Anderson, J. Thomas Mccarthy Jan 2001

Protection Of The Athlete’S Identity: The Right Of Publicity, Endorsements And Domain Names, Paul M. Anderson, J. Thomas Mccarthy

Faculty Publications

No abstract provided.

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School Expulsions: Not All Are Equal, Alison Julien, Patricia Engel Jan 2001

School Expulsions: Not All Are Equal, Alison Julien, Patricia Engel

Faculty Publications

No abstract provided.

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