Law Commons^™

Women, The Law, And Cults: Three Avenues Of Legal Recourse: New Rape Laws, Violence Against Women Act, And Antistalking Laws, Robin A. Boyle

Faculty Publications

The author examines three avenues of legal recourse that are available to society at large, but may not be well-known to women in cults, their families, and their potential mental health providers. These avenues for recourse are improved rape laws now available in every state; recently-enacted federal legislation -- the 1994 Violence Against Women Act; and recently-enacted state and federal antistalking laws. The author developed this article from her speech delivered at the annual American Family Foundation conference on May 30, 1997, in Philadelphia, PA.

Discovery In International Legal Developments Year In Review: 1997, Christopher J. Borgen

Faculty Publications

U.S. law provides litigants with a variety of means to obtain evidence from foreign jurisdictions. The Federal Rules of Civil Procedure (the Federal Rules) and rules of state courts may be used if a U.S. court has jurisdiction over the person who is in control of the evidence in question. Section 1783 of tide 28 of the United States Code provides a means for serving a subpoena on U.S. nationals or residents abroad. Litigants may also obtain foreign discovery through letters rogatory as permitted by 28 U.S.C. § 1781 and treaties such as the Hague Convention on Taking Evidence (the …

The Street Locations: Downtown Cleveland, October 31, 1963, John Q. Barrett

Faculty Publications

This appendix to Deciding the Stop and Frisk Cases: A Look Inside the Supreme Court’s Conference, 72 St. John’s L. Rev. 749 (1998), consists of a map drawn by Jill Dinneen (SJU Law '99), based on Sanborn maps from the 1950s and 1960s, photographs and eyewitness descriptions of downtown Cleveland then and now; and a key to marked locations on the map.

State Of Ohio V. Richard D. Chilton And State Of Ohio V. John W. Terry: The Suppression Hearing And Trial Transcripts, John Q. Barrett

Faculty Publications

This appendix to Deciding the Stop and Frisk Cases: A Look Inside the Supreme Court’s Conference, 72 St. John’s L. Rev. 749 (1998), includes Biographical Information on the Participants in the Case; and transcripts of the complete pretrial and trial proceedings in the 1964 criminal prosecutions of Richard Chilton and John Terry, arranged by Prof. Barrett to create the organization reflected in the Table of Contents at the beginning of the appendix. Footnotes were added to provide citations and, in a few instances, to clarify the text. Bracketed material was added to correct obvious slips of the tongue or the …

Labor Law Obstacles To The Collective Negotiation And Implementation Of Employee Stock Ownership Plans: A Response To Henry Hansmann And Other "Survivalists", Jeffrey M. Hirsch

Faculty Publications

No abstract provided.

Victims' Rights And The Constitution: Moving From Guaranteeing Participatory Rights To Benefiting The Prosecution, Robert P. Mosteller

Faculty Publications

No abstract provided.

A Review Of Federal Sentencing Treatises And Periodicals, Michael M. O'Hear

Faculty Publications

No abstract provided.

The First Amendment In Its Third Century: Three Wisconsin Pieces To The Constitutional Puzzle, Peter K. Rofes

Faculty Publications

No abstract provided.

Addressing An Industrywide Health Insurance Crisis By Spreading The Cost: Has Congress Violated The Constitution?, Jay E. Grenig

Faculty Publications

No abstract provided.

Justifying Racial Reform, Davison M. Douglas

Faculty Publications

No abstract provided.

Institutional Analysis And Physicians' Rights After Vacco V. Quill, Larry I. Palmer

Faculty Publications

No abstract provided.

Debtor Incentives, Agency Costs And Voting Theory In Chapter 11, Scott F. Norberg

Faculty Publications

No abstract provided.

Does The Fda Have Authority To Regulate Human Cloning?, Elizabeth Price Foley, Elizabeth C. Price

Faculty Publications

Examines the FDA's statutory authority to regulate human cloning.

What’S Good For General Motors: Corporate Speech And The Theory Of Free Expression, Howard M. Wasserman

Faculty Publications

No abstract provided.

The Bankruptcy Review Commission Recommendation On Classification Of Claims In Chapter 11, Scott F. Norberg

Faculty Publications

No abstract provided.

Foreword, Bankruptcy Law Symposium, Scott F. Norberg, Todd J. Zywicki

Faculty Publications

No abstract provided.

Chancellor Kent And The Search For The Elements Of Impeachable Offenses, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Hang On To Your Hats! Terry Into The Twenty-First Century, Eric L. Muller

Faculty Publications

No abstract provided.

Struggling With The Devil: A Case Study Of Values In Conflict, Rosemary C. Salomone

Faculty Publications

(Excerpt)

In recent years, with increasing frequency, the media has drawn national attention to communities caught in gridlock over value conflicts in the schools. From Lake County, Florida, where a conservative Christian school board required teaching that American culture is superior to others, to New York City, where a controversial multicultural curriculum and the now infamous book Heather Has Two Mommies precipitated the Chancellor's downfall, these stories capture our imagination. Nevertheless, regardless of where we stand on the political spectrum, we often dismiss such compelling conflicts as isolated and distant incidents, never to be replicated with any real or lasting …

Lessons From A Prophet On Vocational Identity: Profit Or Philanthropy?, Cheryl L. Wade

Faculty Publications

(Excerpt)

After sifting through state statutes that codify corporate behavior and the decisions interpreting those statutes, corporate attorneys may serve their clients and improve our society if they also consulted the teachings of a Baptist preacher. The Baptist preacher to whom I refer is Dr. Martin Luther King, Jr., and the lessons for attorneys and law professors concerned with social justice that can be derived from his life and teachings were the focus of the 1998 Southeast/Southwest Law Teachers of Color Conference. The utility of Dr. King's instruction and the value of his model for ethical living are obvious for …

Resurrecting The Dodo: The Unfortunate Re-Emergence Of The Puffery Defense In Private Securities Actions, Jennifer O'Hare

Faculty Publications

The conventional wisdom is that the puffery defense is inapplicable in securities regulation. However, appellate courts in almost every federal circuit have recently used the puffery defense to dismiss private securities fraud actions that were based on vague statements of corporate optimism. This Article demonstrates that the courts have misused the puffery defense and have improperly insulated companies from liability for their misrepresentations. It contends that the assumptions justifying the use of the puffery defense are not present in securities transactions and that the federal securities laws have expressly rejected the very doctrine underlying the puffery defense-caveat emptor. Arguing that …

Book Review Of From Occupation To Interim Accords: Israel And The Palestinian Territories, Linda A. Malone

Faculty Publications

No abstract provided.

Reinventing Bakke, Alan J. Meese

Faculty Publications

No abstract provided.

Re-Defining Reproductive Freedom, Timothy Zick

Faculty Publications

No abstract provided.

Book Review Of Desegregating Texas Schools: Eisenhower, Shivers, And The Crisis At Mansfield High, Davison M. Douglas

Faculty Publications

No abstract provided.

The Battle That Never Was: Congress, The White House, And Agency Litigation Authority, Neal Devins, Michael Herz

Faculty Publications

No abstract provided.

Judicial Exclusivity And Political Instability, Neal Devins, Louis Fisher

Faculty Publications

No abstract provided.

Foreword: Government Lawyering, Neal Devins

Faculty Publications

No abstract provided.

The Legal Profession And Its Future: Recapturing The Ideal Of The Statesman-Lawyer, Timothy J. Sullivan

Faculty Publications

No abstract provided.

The Use Of Criminal Statutes To Regulate Financial Markets In The United States, Paul Marcus

Faculty Publications

No abstract provided.