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Articles 6661 - 6690 of 8731
Full-Text Articles in Law
United States Supreme Court: 1999 Term, Paul C. Giannelli
United States Supreme Court: 1999 Term, Paul C. Giannelli
Faculty Publications
No abstract provided.
Citation Practices Of The Kansas Supreme Court And Kansas Court Of Appeals, Joseph A. Custer
Citation Practices Of The Kansas Supreme Court And Kansas Court Of Appeals, Joseph A. Custer
Faculty Publications
This article examines the citation practices of the Kansas Supreme Court and the Kansas Court of Appeals.
No-Drop Prosecution Of Domestic Violence: Just Good Policy, Or Equal Protection Mandate?, Kalyani Robbins
No-Drop Prosecution Of Domestic Violence: Just Good Policy, Or Equal Protection Mandate?, Kalyani Robbins
Faculty Publications
Domestic violence is a problem that must be dealt with for what it is: a criminal act. The only way to effectively diminish it is through the full force of the criminal justice system, which must treat domestic violence the same as it treats crime by strangers. The purpose of this note is to argue that aggressive prosecution of domestic violence-at least to the same extent that other violent crimes are prosecuted-is mandated by the Equal Protection Clause of the Fourteenth Amendment. Part I will examine the extent of the problems that pervade the criminal justice system, both historically and …
Impeachment: Evidence Amendments, Paul C. Giannelli
Impeachment: Evidence Amendments, Paul C. Giannelli
Faculty Publications
No abstract provided.
At The Foot Of The Master: What Dickens Got Right About What Lawyers Do Wrong, Michael K. Mcchrystal
At The Foot Of The Master: What Dickens Got Right About What Lawyers Do Wrong, Michael K. Mcchrystal
Faculty Publications
No abstract provided.
Why Baseball’S Antitrust Exemption Survives, J. Gordon Hylton
Why Baseball’S Antitrust Exemption Survives, J. Gordon Hylton
Faculty Publications
No abstract provided.
Getting Along: The Evolution Of Dispute Resolution Regimes In International Trade Organizations, Andrea Kupfer Schneider
Getting Along: The Evolution Of Dispute Resolution Regimes In International Trade Organizations, Andrea Kupfer Schneider
Faculty Publications
No abstract provided.
The Demise Of Hypothetical Jurisdiction In The Federal Courts, Scott C. Idleman
The Demise Of Hypothetical Jurisdiction In The Federal Courts, Scott C. Idleman
Faculty Publications
This article examines the causes, nature, and potential demise of a federal judicial practice known as hypothetical jurisdiction, whereby a court renders a binding judgment in a case without first verifying that it has the power to do so. By the mid-1990s, every federal court of appeals had adopted the practice, despite the fact that it violated fundamental tenets of judicial power and, in some cases, the Constitution itself. In 1998, the Supreme Court attempted to repudiate this practice, but the scope of the repudiation was not clearly delineated and the Court left unresolved a number of questions and left …
From The Fall Of The Bell System To The Telecommunications Act: Regulation Of Telecommunications Under Judge Greene, Joseph D. Kearney
From The Fall Of The Bell System To The Telecommunications Act: Regulation Of Telecommunications Under Judge Greene, Joseph D. Kearney
Faculty Publications
No abstract provided.
Spoiling A Good Walk: Does The Ada Change The Rules Of Sport?, Paul M. Anderson
Spoiling A Good Walk: Does The Ada Change The Rules Of Sport?, Paul M. Anderson
Faculty Publications
No abstract provided.
Does An Auto Manufacturer's Compliance With National Traffic And Motor Vehicle Safety Standards Pre-Empt Suits For Defective Design?, Ralph C. Anzivino
Does An Auto Manufacturer's Compliance With National Traffic And Motor Vehicle Safety Standards Pre-Empt Suits For Defective Design?, Ralph C. Anzivino
Faculty Publications
No abstract provided.
When Should A Habeas Claim Be Dismissed As Being A "Second Or Successive" Application?, Jay E. Grenig
When Should A Habeas Claim Be Dismissed As Being A "Second Or Successive" Application?, Jay E. Grenig
Faculty Publications
No abstract provided.
Does Congress Have The Power To Make The States Amenable To Suit In Federal Court For Claims Under The Lanham Act?, Jay E. Grenig
Does Congress Have The Power To Make The States Amenable To Suit In Federal Court For Claims Under The Lanham Act?, Jay E. Grenig
Faculty Publications
No abstract provided.
Can An Employee Who Applies For Social Security Disability Benefits Be A “Qualified Individual With A Disability” Under The Ada?, Jay E. Grenig
Can An Employee Who Applies For Social Security Disability Benefits Be A “Qualified Individual With A Disability” Under The Ada?, Jay E. Grenig
Faculty Publications
No abstract provided.
Can A U.S. District Court Enjoin A Defendant From Transferring Or Assigning Assets Held Outside Of The Court's Jurisdiction?, Jay E. Grenig
Can A U.S. District Court Enjoin A Defendant From Transferring Or Assigning Assets Held Outside Of The Court's Jurisdiction?, Jay E. Grenig
Faculty Publications
No abstract provided.
Planning For A Disabled Child, Judith G. Mcmullen
Planning For A Disabled Child, Judith G. Mcmullen
Faculty Publications
Estate planning must be handled with care to ensure that the disabled child is adequately provided with financial resources and personal assistance throughout his or her life span. This article examines many means for doing so without jeopardizing the child's chances for receiving government assistance.
Financial Abuses Of Elderly Clients, Alison Barnes
Financial Abuses Of Elderly Clients, Alison Barnes
Faculty Publications
This article identifies what is meant by financial abuse of the elderly, discusses who are the abusers and victims, and illustrates how to identify instances of financial abuse. The author then discusses the possible responses to identified financial abuse, including responses by attorneys, state agencies, and federally mandated programs and acts. She concludes that where an older person is dependent for care on a family member, financial abuse may be best controlled through oversight of the interaction between the caregiver and care receiver, as well as modification of financial arrangements to limit the exposure of the care receiver's assets.
Ethics Consult: Building Relationships That Work, Michael K. Mcchrystal
Ethics Consult: Building Relationships That Work, Michael K. Mcchrystal
Faculty Publications
No abstract provided.
Ethics Consult: An Ethics Problem Involving Financial Abuse, Michael K. Mcchrystal
Ethics Consult: An Ethics Problem Involving Financial Abuse, Michael K. Mcchrystal
Faculty Publications
What are a lawyer's ethical obligations to a client after termination of duties contracted? Is the legal professional responsible for actions on the part of a party other than the client as a result of advice given to a client? Exactly who is the client when more than one person is involved?
Review: The Essence Of Property Law, Vada Waters Lindsey
Review: The Essence Of Property Law, Vada Waters Lindsey
Faculty Publications
No abstract provided.
The Burden Of Being Poor: Increased Tax Liability? The Taxation Of Self-Help Programs, Vada Waters Lindsey
The Burden Of Being Poor: Increased Tax Liability? The Taxation Of Self-Help Programs, Vada Waters Lindsey
Faculty Publications
No abstract provided.
Digital Recording Of Real Estate Conveyances, Dale A. Whitman
Digital Recording Of Real Estate Conveyances, Dale A. Whitman
Faculty Publications
The purpose of this article is to describe how such a revolutionary change in the recording system can take place, and to identify and discuss the major policy issues that must be resolved in order to accomplish it. This change ought to happen. Failure to update the system will result in the continued imposition of unnecessary costs and delays on those who buy, sell, or mortgage real estate in America.
Myths, Miscues, And Misconceptions: No-Aid Separationism And The Establishment Clause, Carl H. Esbeck
Myths, Miscues, And Misconceptions: No-Aid Separationism And The Establishment Clause, Carl H. Esbeck
Faculty Publications
In neutrality theory the recipients of vouchers, grants, and purchase-of-service contracts are eligible to participate as providers in government social service programs without regard to their religious character. Indeed, religious beliefs and practices are prohibited bases for screening out those who want to be welfare program providers. Notable examples of congressional social service legislation conforming to the rule of religious neutrality are the ‘charitable choice‘ feature imbedded in the Welfare Reform Act of 1996 and the Community Services Block Grant Act of 1998, as well as the provision allowing issuance of child care vouchers to indigent parents in the Child …
Dedication: Tribute To Justice Stanley Mosk, Gerald F. Uelmen
Dedication: Tribute To Justice Stanley Mosk, Gerald F. Uelmen
Faculty Publications
No abstract provided.
South Carolina Practice Materials: A Selective, Annotated Bibliography, Duncan E. Alford
South Carolina Practice Materials: A Selective, Annotated Bibliography, Duncan E. Alford
Faculty Publications
No abstract provided.
Applying The Ada To Mitigating Measures Cases: A Choice Of Statutory Evils, Lisa A. Eichhorn
Applying The Ada To Mitigating Measures Cases: A Choice Of Statutory Evils, Lisa A. Eichhorn
Faculty Publications
This Article critiques the idea that the ADA should exclude from its coverage people who use mitigating measures, such as medications and medical devices, to alleviate the effects of their mental and physical impairments. After describing the statute as an expansive but flawed tool for combating disability-based discrimination, the Article analyzes a 1999 trilogy of Supreme Court cases holding that in determining whether a person has a disability for purposes of ADA coverage, courts should take account of the ameliorative effects of so-called mitigating measures on the person’s impairments. Through this holding, the Court inappropriately constricted the scope of the …
Major Litigation Activities Regarding Major Life Activities: The Failure Of The Disability Definition In The Americans With Disabilities Act Of 1990, Lisa A. Eichhorn
Major Litigation Activities Regarding Major Life Activities: The Failure Of The Disability Definition In The Americans With Disabilities Act Of 1990, Lisa A. Eichhorn
Faculty Publications
The passage of the Americans with Disabilities Act ("ADA") in 1990 has been praised as the major accomplishment of the disability rights movement. This statute, however, is not without its flaws. Perhaps the most problematic one is the way in which “disability” is defined. Lisa Eichhorn argues that the definition undercuts the effectiveness of the ADA. She begins with a historical look at society’s concepts of disability and discusses how these concepts were incorporated into the Rehabilitation Act of 1973 and the ADA. She then examines cases that have been dismissed because plaintiffs cannot prove disabled status, which illustrate the …
Can Congress Make States Amenable To Suit In Federal Court For Claims Of Patent Infringement?, Jay E. Grenig
Can Congress Make States Amenable To Suit In Federal Court For Claims Of Patent Infringement?, Jay E. Grenig
Faculty Publications
No abstract provided.
Manslaughter And Other Homicides, Paul C. Giannelli
Manslaughter And Other Homicides, Paul C. Giannelli
Faculty Publications
No abstract provided.
Murder And Aggravated Murder, Paul C. Giannelli
Murder And Aggravated Murder, Paul C. Giannelli
Faculty Publications
No abstract provided.