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Articles 7171 - 7200 of 8727
Full-Text Articles in Law
Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus
Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus
Faculty Publications
No abstract provided.
Comment On The L, Susan Grover
Technology Augmented Litigation--Systemic Revolution, Fredric I. Lederer
Technology Augmented Litigation--Systemic Revolution, Fredric I. Lederer
Faculty Publications
This article reviews key aspects of high technology litigation, including technology augmented court records, two-way video arraignment and testimony, and technology based evidence display, and posits some of the critical jurisprudential and pragmatic issues posed by the use of such technologies
Country/Region Reports -- United States Of America, Linda A. Malone
Country/Region Reports -- United States Of America, Linda A. Malone
Faculty Publications
No abstract provided.
Starting An Electronic Journal In Law, I. Trotter Hardy
Starting An Electronic Journal In Law, I. Trotter Hardy
Faculty Publications
Starting and operating an electronic journal is similar to starting and operating any journal; it is only the actual “mailing” of an electronic journal that is easier. The author discusses his experience in starting the Journal of Online Law, an electronic journal dealing with the legal issues of cyberspace. He describes his experience in addressing questions such as whether to charge for access, how to gain visibility for the journal, what type of articles make the most sense for electronic publication, which forms of electronic distribution make the most sense, and other issues.
International Payments And Five Foundations Of Wire-Transfer Law, Raj Bhala
International Payments And Five Foundations Of Wire-Transfer Law, Raj Bhala
Faculty Publications
No abstract provided.
The Telecommunications Act Of 1996, Thomas G. Krattenmaker
The Telecommunications Act Of 1996, Thomas G. Krattenmaker
Faculty Publications
No abstract provided.
Judicial Knowledge, William B. Fisch
Judicial Knowledge, William B. Fisch
Faculty Publications
This paper reviews rules governing the use by judges in United States courts of their personal knowledge - as distinguished from that supplied by the parties in the adjudication of a civil case, whether of the particular facts out of which the dispute arises, or of general information with which the particular facts must be processed, or of law which is to be applied to the particular facts.
Preaching To The Public School Choir: The Establishment Clause, Rachel Bauchman, And The Search For The Elusive Bright Line, Julian R. Kossow
Preaching To The Public School Choir: The Establishment Clause, Rachel Bauchman, And The Search For The Elusive Bright Line, Julian R. Kossow
Faculty Publications
No abstract provided.
Government Lawyers And The New Deal, Neal Devins
Government Lawyers And The New Deal, Neal Devins
Faculty Publications
No abstract provided.
Threats Of Foreign Group Boycotts Of American Industry Made In Response To U.S. Government Trade Policy: Illegal Anticompetitive Activity Or Protected Lobbying Under The Noerr-Pennington Doctrine?, Michael Peter Waxman
Threats Of Foreign Group Boycotts Of American Industry Made In Response To U.S. Government Trade Policy: Illegal Anticompetitive Activity Or Protected Lobbying Under The Noerr-Pennington Doctrine?, Michael Peter Waxman
Faculty Publications
No abstract provided.
The Need To Reform The "Acceptance Of Responsibility" Adjustment, Michael M. O'Hear
The Need To Reform The "Acceptance Of Responsibility" Adjustment, Michael M. O'Hear
Faculty Publications
No abstract provided.
The Children We Abandon: Religious Exemptions To Child Welfare And Education Law As Denials Of Equal Protection To Children Of Religious Objectors, James G. Dwyer
Faculty Publications
The story of children who die because their parents, in observance of their own religious principles, withhold conventional medical treatment from them is a familiar one. In this Article, James G. Dwyer shows that the phenomenon of parents denying secular benefits to their children for religious reasons goes far beyond these few highly publicized cases, extending into the realm of education as well as medical care. Moreover, Dr. Dwyer shows that the federal and state governments endorse this practice by statutorily exempting 'religious objector' parents from otherwise generally applicable compulsory child care and education laws. He argues that courts addressing …
The Business Necessity Defense In Disparate Impact Discrimination Cases, Susan Grover
The Business Necessity Defense In Disparate Impact Discrimination Cases, Susan Grover
Faculty Publications
No abstract provided.
Congressional-Executive Information Access Disputes: A Modest Proposal - Do Nothing, Neal Devins
Congressional-Executive Information Access Disputes: A Modest Proposal - Do Nothing, Neal Devins
Faculty Publications
No abstract provided.
1996-97 Supreme Court Preview: Mock Arguments In Clinton V. Jones, Michael J. Gerhardt, Rodney A. Smolla
1996-97 Supreme Court Preview: Mock Arguments In Clinton V. Jones, Michael J. Gerhardt, Rodney A. Smolla
Faculty Publications
No abstract provided.
Syndromes And Politics In Criminal Trials And Evidence Law, Robert P. Mosteller
Syndromes And Politics In Criminal Trials And Evidence Law, Robert P. Mosteller
Faculty Publications
No abstract provided.
The Effect Of Treaties And Other Formal International Acts On The Customary Law Of Human Rights, Arthur M. Weisburd
The Effect Of Treaties And Other Formal International Acts On The Customary Law Of Human Rights, Arthur M. Weisburd
Faculty Publications
No abstract provided.
One Crime, Two Punishments - Asset Forfeiture Cases Offer Chance To Sort Out Double Jeopardy Issues, Richard C. Reuben
One Crime, Two Punishments - Asset Forfeiture Cases Offer Chance To Sort Out Double Jeopardy Issues, Richard C. Reuben
Faculty Publications
At a time when anti-government sentiment is running high in some quarters, the U.S. Supreme Court is considering several cases on the hot-button issue of government seizure of private property linked to crimes, known as asset forfeitures.
Quantifying Liability Under The Architect's Standard Of Care, Murray H. Wright, David E. Boelzner
Quantifying Liability Under The Architect's Standard Of Care, Murray H. Wright, David E. Boelzner
Faculty Publications
No abstract provided.
Suing The Firm, Richard C. Reuben
Suing The Firm, Richard C. Reuben
Faculty Publications
Lawyers who once would rather take grievances against their firms to the grave are now taking them to court. Is it the death of professionalism or the dawning of accountability?
If The Punishment Fits - Doctored Bmw Paint Job Returns Punitive Damages Issue To The Court, Richard C. Reuben
If The Punishment Fits - Doctored Bmw Paint Job Returns Punitive Damages Issue To The Court, Richard C. Reuben
Faculty Publications
A lot more is at stake in BMW of North America v. Gore, 94-896, than the legal cost of repainting luxury automobiles, The case returns the issue of punitive damages to the Supreme Court amid complaints by business interests to a receptive Congress that high punitive awards are helping to stifle U.S. economic growth. At the same time, the case carries overtones of federalism, an issue that seems to lurk throughout the Supreme Court's docket these days.
An Empirical Test Of The Rational Actor Theory Of Litigation, Donald R. Songer, Charles M. Cameron, Jeffrey A. Segal
An Empirical Test Of The Rational Actor Theory Of Litigation, Donald R. Songer, Charles M. Cameron, Jeffrey A. Segal
Faculty Publications
This article examines the decisions of litigants in criminal cases to appeal decisions from the U.S. Courts of Appeals to the U.S. Supreme Court. Using a random sample of search and seizure cases from 1962 through 1990 and a measure of the likelihood that the appeals court decision will be reversed if cert is granted, we demonstrate that litigants behave as if they rationally consider costs and benefits in their decisions to appeal. Given the extraordinary number of cases decided by lower federal courts vis-g-vis the number of cases the Supreme Court can decide, we argue that such behavior is …
The Limits Of Quantitative Legal Analyses: Chaos In Legal Scholarship And Fdic V. W.R. Grace & Co., Royce De R. Barondes
The Limits Of Quantitative Legal Analyses: Chaos In Legal Scholarship And Fdic V. W.R. Grace & Co., Royce De R. Barondes
Faculty Publications
This Article identifies a few of those techniques by examining a number of quasi-quantitative legal analyses that have addressed a range of legal relationships. The methodology of this Article consists of reviewing the relationship between those legal analyses and their associated non-legal disciplines. The unifying theme of the discussed examples is that a useful, well constructed quantitative analysis or approach has been improperly extended into a legal context.
Dean John Wade And The Law Of Torts, Gary Myers
Dean John Wade And The Law Of Torts, Gary Myers
Faculty Publications
Dean John Wade's death last year ends the career of a great scholar, teacher, and administrator. His many accomplishments and his impressive personal traits have been duly praised and chronicled. His legacy includes an impressive body of scholarly work, many former students trained in the ways of the law, and institutions that are better for his walking their hallways. This article focuses on one particular aspect of Dean Wade's contribution--his impact on the law of torts.
The Criminal Defense Lawyer As Effective Negotiator: A Systemic Approach, Rodney J. Uphoff
The Criminal Defense Lawyer As Effective Negotiator: A Systemic Approach, Rodney J. Uphoff
Faculty Publications
In the first issue of the Clinical Law Review, Peter Hoffman challenged clinical legal educators to produce clinical scholarship that is “practical in its orientation and design” and written so as to enhance the ability of lawyers to represent their clients and to help law students prepare for law practice. This article takes up Hoffman's challenge in the context of examining the skill of negotiating or plea bargaining from the perspective of the criminal defense lawyer. Before discussing the methods, approach or techniques that lawyers can use to enhance their ability to bargain effectively, it is critical to understand what …
Remark: Brown V. Board: Revisited, Michael A. Middleton
Remark: Brown V. Board: Revisited, Michael A. Middleton
Faculty Publications
[T]he Negro needs neither segregated schools nor mixed schools. What he needs is Education. What he must remember is that there is no magic, either in mixed schools or in segregated schools. A mixed school with poor and unsympathetic teachers, with hostile public opinion, and no teaching of truth concerning black folk, is bad. A segregated school with ignorant placeholders, inadequate equipment, poor salaries, and wretched housing, is equally bad. Other things being equal, the mixed school is the broader, more natural basis for the education of all youth. It gives wider contacts; it inspires greater self-confidence; and suppresses the …
A Response To Professor Vernellia R. Randall's The Myers-Briggs Type Indicator, First Year Law Students And Performance, Cynthia V. Ward
A Response To Professor Vernellia R. Randall's The Myers-Briggs Type Indicator, First Year Law Students And Performance, Cynthia V. Ward
Faculty Publications
No abstract provided.
Towards A Payments System Law For Developing And Transition Economies, Raj Bhala
Towards A Payments System Law For Developing And Transition Economies, Raj Bhala
Faculty Publications
This paper examines the legal foundations of large-value credit transfer systems and the importance of certainty, efficiency, and fairness in funds transfer law. A case study is presented to highlight key terminology and concepts. Thereafter, five particularly noteworthy legal rules are discussed in the context of the case study: (1) a rule defining the scope of the law; (2) a rule establishing when the rights and obligations of parties to a funds transfer are triggered; (3) a receiver finality rule; (4) a rule assigning liability for interloper fraud; and (5) a money-back guarantee rule, coupled with provisions on discharge. Finally, …
Improving America's Health Care: Authorizing Independent Prescriptive Privileges For Advanced Practice Nurses, Mary M. Beck
Improving America's Health Care: Authorizing Independent Prescriptive Privileges For Advanced Practice Nurses, Mary M. Beck
Faculty Publications
Nursing and organized medicine are engaged in a heated and emotional debate over independent prescriptive privileges for advanced practice nurses. Uncontroverted data demonstrates that nurse practitioners provide high quality health care at a reduced cost, while increasing access to health care for under-served populations. It is apparent that advanced practice nurses could improve the delivery of American health care. However, organized medicine is opposed to autonomous advanced nursing practice and lobbies powerfully against it. Currently, the majority of state laws and regulations pertaining to advanced practice nursing do not promote a sound public health policy, do not contemplate liability issues …