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Articles 7291 - 7320 of 8717

Full-Text Articles in Law

Justice Defined - It Takes More Than A Single Opinion To Understand How Legal Reasoning And Personal Experience Shape A 24-Year Career, Richard C. Reuben Jul 1994

Justice Defined - It Takes More Than A Single Opinion To Understand How Legal Reasoning And Personal Experience Shape A 24-Year Career, Richard C. Reuben

Faculty Publications

With his retirement in June after participating in more than 800 cases - including his career-identifying 7-2 opinion in Roe v. Wade legalizing abortion - the definition of Harry Blackmun's tenure lies in the seeming contradiction of commitment and flexibility. Along with a steadfast defense of the right to abortion in Roe, 410 U.S. 113 (1973), and successive cases, Blackmun's significance was in the power of his vote. Often overlooked in the public's emphasis on Roe is an appreciation of Blackmun's reflective, methodical, if not occasionally pointed, jurisprudence.

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Attorney-Client Privilege, Ellen Kreitzberg Jul 1994

Attorney-Client Privilege, Ellen Kreitzberg

Faculty Publications

No abstract provided.

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The Graying Of Products Liability Law: Paths Taken And Untaken In The New Restatement, David G. Owen Jul 1994

The Graying Of Products Liability Law: Paths Taken And Untaken In The New Restatement, David G. Owen

Faculty Publications

No abstract provided.

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Administrative Presiding Officials Today, Charles H. Koch Jr. Jul 1994

Administrative Presiding Officials Today, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

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The Proper Legal Regime For 'Cyberspace', I. Trotter Hardy Jul 1994

The Proper Legal Regime For 'Cyberspace', I. Trotter Hardy

Faculty Publications

No abstract provided.

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Technology Comes To The Courtroom, And . . ., Fredric I. Lederer Jul 1994

Technology Comes To The Courtroom, And . . ., Fredric I. Lederer

Faculty Publications

No abstract provided.

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A Kinder, Gentler Liberalism? Visions Of Empathy In Feminist And Communitarian Literature, Cynthia V. Ward Jul 1994

A Kinder, Gentler Liberalism? Visions Of Empathy In Feminist And Communitarian Literature, Cynthia V. Ward

Faculty Publications

No abstract provided.

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A Reappraisal Of Diversification In The Federal Courts: Gender Effects In The Courts Of Appeals, Donald R. Songer, Sue Davis, Susan Haire May 1994

A Reappraisal Of Diversification In The Federal Courts: Gender Effects In The Courts Of Appeals, Donald R. Songer, Sue Davis, Susan Haire

Faculty Publications

Prior scholarship on the effect of the increasing number of female judges leads to three contrasting sets of expectations. Early writings and views of affirmative-action activists suggested that female judges would be more liberal than male judges. On the other hand, a series of empirical studies suggest that we should expect no gender differences. In contrast to both of these perspectives, several feminist scholars suggest that women will be more liberal only when that position expresses support for full participation in the community. These contrasting expectations were tested by analyzing the votes of appeals court decisions in three issue areas. …

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Partnership Profits Share For Services: An Aggregate Exegesis Of Revenue Procedure 93-27 (Part 2), John W. Lee Apr 1994

Partnership Profits Share For Services: An Aggregate Exegesis Of Revenue Procedure 93-27 (Part 2), John W. Lee

Faculty Publications

In this article, Professor Lee charts two alternative methods for implementing an aggregate solution to the problem of partnership profits share for services. The functional, or judicial, method is to handle (1) the exchange of partner-capacity services for a profit share subject to the risk f the venture with the Culbertson "common law relation of partnership," nonrealization event doctrine, implicitly contemplated by the 1984 legislative history to section 707(a)(2), (2) the classic Diamond transitory partner with a substance-over-form rule or step-transaction rule, and (3) a sale of the partnership interest in circumstances that would result in ordinary income in a …

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The Case Of A Lifetime, Richard C. Reuben Apr 1994

The Case Of A Lifetime, Richard C. Reuben

Faculty Publications

There is great difficulty in defining pro bono lawyering. The classic model is the practitioner who devotes time to representing a client in a civil or criminal matter. But some consider other legal relationships pro bono as well, such as service on the boards of directors of nonprofit organizations, legal work at reduced fees, and activities that improve the law and legal profession. In the case of organizations such as the ACLU and the NAACP LDF, pro bono means a mixture of much of the above, as public interest law firms work hand in hand with private lawyers and firms …

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Ain't?, Susan Grover Apr 1994

Ain't?, Susan Grover

Faculty Publications

No abstract provided.

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Defense Contractor Buyer-Seller Relationships: Theoretical Approaches, Carl R. Templin Apr 1994

Defense Contractor Buyer-Seller Relationships: Theoretical Approaches, Carl R. Templin

Faculty Publications

This article examines the applicability of three theoretical approaches to defining defense buyer-seller relationships. Economic Free-Market Theory explains the relative economic power of the participants but ignores the legal, political, and socioeconomic aspects so pervasive in defense acquisitions. Transaction Cost Economics provides a framework for determining the most cost-effective type of contract governance for each transaction. Systems theory explores the degree of interdependence between the buyers and sellers systems. Each theory contributes unique insights into defense buyer-seller relationships that can be used to judge the appropriateness of contracting laws, regulations, policies, and management approaches for specific acquisition environments.

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Interest Balancing And Other Limits To Judicially Managed Equal Educational Opportunity, Neal Devins Apr 1994

Interest Balancing And Other Limits To Judicially Managed Equal Educational Opportunity, Neal Devins

Faculty Publications

No abstract provided.

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Gift Of Life: The Lawyer's Role In Organ And Tissue Donation, David M. English Mar 1994

Gift Of Life: The Lawyer's Role In Organ And Tissue Donation, David M. English

Faculty Publications

At its 1992 Midyear Meeting, the ABA House of Delegates approved a resolution recommending that individual lawyers and the organized bar play an active role in efforts to relieve the current shortage of donated organs and tissue. When fully implemented, these efforts will involve not only lawyers, but also their clients, health care professionals and the general public. The resolution's most ambitious goal is to make organ and tissue donation part of everyday law practice. Lawyers, as a matter of course, should raise the subject of organ and tissue donation when counselling clients on personal planning. But to educate their …

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Partnership Profits Share For Services: An Aggregate Exegesis Of Revenue Procedure 93-27 (Part 1), John W. Lee Mar 1994

Partnership Profits Share For Services: An Aggregate Exegesis Of Revenue Procedure 93-27 (Part 1), John W. Lee

Faculty Publications

In this article, Lee charts two alternative methods for implementing an aggregate solution to the problem of partnership profits share exchanged for services. The functional, or judicial, method, he explains, is to handle (1) the exchange of partner-capacity services for a profit share subject to the risk of the venture with the Culbertson "common law relation of partnership," nonrealization event doctrine, implicitly contemplated by the 1984 legislative history to section 707(a)(2); (2) the classic Diamond transitory partner with a substance-over-form rule or step-transaction rule; and (3) a sale of the partnership interest in circumstances that would result in ordinary income …

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Junk Science, Daubert, And Ohio Rule 702, Paul C. Giannelli Jan 1994

Junk Science, Daubert, And Ohio Rule 702, Paul C. Giannelli

Faculty Publications

No abstract provided.

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Foreword: Do We Really Want To Know The Defendant?, Dale A. Nance Jan 1994

Foreword: Do We Really Want To Know The Defendant?, Dale A. Nance

Faculty Publications

Forward to the Symposium on the Admission of Prior Offense Evidence in Sexual Assualt Cases, Chicago, Illinois, 1994.

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Torts-- Federal Preemption Of State Common Law-- Federal Cigarette Labeling & Advertising Act, Elizabeth Price Foley, Elizabeth C. Price Jan 1994

Torts-- Federal Preemption Of State Common Law-- Federal Cigarette Labeling & Advertising Act, Elizabeth Price Foley, Elizabeth C. Price

Faculty Publications

This case note examining Supreme Court's landmark preemption decision in Cipollone v. Liggett Group.

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Imagining The Alternative Futures Of The U.S. Courts Of Appeals, Thomas E. Baker Jan 1994

Imagining The Alternative Futures Of The U.S. Courts Of Appeals, Thomas E. Baker

Faculty Publications

Any number of extramural or structural reforms have been proposed over the years to solve the present problems and to meet the future needs of the United States Courts of Appeals. Some have been on the drawing board for a long time, while others are much more novel. In this article, Professor Baker gathers the more provocative extramural or structural proposals that have coalesced thus far in the decades-long debate over what Congress should do about the intermediate federal appellate courts. The Final Report of the Federal Courts Study Committee is the point of departure for this "inquiry and discussion."

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The Eleventh Circuit’S First Decade Contribution To The Law Of The Nation, 1981-1991, Thomas E. Baker Jan 1994

The Eleventh Circuit’S First Decade Contribution To The Law Of The Nation, 1981-1991, Thomas E. Baker

Faculty Publications

Likewise, the task of commentary is difficult. The period covered here-the first decade of the Eleventh Circuit-represents, quite literally and figuratively, the formative era of the court. Indeed, the volume of decisions and their variety are qualities that ought to humble, if not intimidate, most commentators. Justice Holmes once observed that a common law court could be expected to replicate the entire corpus juris in the space of a single generation. The Eleventh Circuit did this consciously between 1981 and 1991. In Bonner v. City of Prichard, the inaugural en banc court held that the new court-just cleaved from the …

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The Clinton Court Is Open For Business: The Business Law Jurisprudence Of Justice Stephen Breyer, Edward A. Fallone Jan 1994

The Clinton Court Is Open For Business: The Business Law Jurisprudence Of Justice Stephen Breyer, Edward A. Fallone

Faculty Publications

No abstract provided.

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Private Accountability And The Fourteenth Amendment; State Action, Federalism And Congress, Alan R. Madry Jan 1994

Private Accountability And The Fourteenth Amendment; State Action, Federalism And Congress, Alan R. Madry

Faculty Publications

No abstract provided.

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The Hidden Ball: A Substantive Critique Of Baseball Metaphors In Judicial Opinions, Chad M. Oldfather Jan 1994

The Hidden Ball: A Substantive Critique Of Baseball Metaphors In Judicial Opinions, Chad M. Oldfather

Faculty Publications

This article draws on literary and linguistic theory, as well as prior work studying the effects of metaphor in judicial opinions, to study the use of a specific type of metaphor - baseball metaphors - in judicial opinions. The article surveys several specific metaphors that have been recurrently used - including the judge as "umpire," "hit-and-run," and "three strikes and you're out" - and considers the ways in which the use of such metaphors might direct thought about the underlying subject matter in inappropriate directions.

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The Religious Freedom Restoration Act: Pushing The Limits Of Legislative Power, Scott C. Idleman Jan 1994

The Religious Freedom Restoration Act: Pushing The Limits Of Legislative Power, Scott C. Idleman

Faculty Publications

No abstract provided.

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The Black Panther Party's Narratives Of Resistance, David Ray Papke Jan 1994

The Black Panther Party's Narratives Of Resistance, David Ray Papke

Faculty Publications

Papke’s article illustrates the power and importance of personal storytelling. To illustrate his point, Papke focuses on the personal narratives of Huey Newton, Bobby Seale and Eldridge Cleaver; important leaders in the development of the Black Panther Party. Papke uses their personal narratives as a means to explain their ideological underpinnings as well as their condemnation of the police department as an oppressive institution. The article also demonstrates how narratives can be illustrative of countering social pressures. In this case those interested in resisting the dominating influence of one group may benefit from the narratives of these individuals.

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Eugene Debs As Legal Heretic: The Law-Related Conversion, Catechism And Evangelism Of An American Socialist, David Ray Papke Jan 1994

Eugene Debs As Legal Heretic: The Law-Related Conversion, Catechism And Evangelism Of An American Socialist, David Ray Papke

Faculty Publications

No abstract provided.

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Disabled Employees Versus Reluctant Employers: Who Wins When The Evidence Is Equal?, Jay E. Grenig Jan 1994

Disabled Employees Versus Reluctant Employers: Who Wins When The Evidence Is Equal?, Jay E. Grenig

Faculty Publications

No abstract provided.

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“California Dreamin'”: May A State Limit Its Welfare Benefits Based On Length Of Residency?, Jay E. Grenig Jan 1994

“California Dreamin'”: May A State Limit Its Welfare Benefits Based On Length Of Residency?, Jay E. Grenig

Faculty Publications

No abstract provided.

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Legitimacy Of The Constitutional Judge And Theories Of Interpretation In The United States, William B. Fisch, Richard S. Kay Jan 1994

Legitimacy Of The Constitutional Judge And Theories Of Interpretation In The United States, William B. Fisch, Richard S. Kay

Faculty Publications

The Legitimacy of the Constitutional Judge and Theories of Interpretation in the United States The paper addresses the sources of legitimacy of a judge exercising the power to declare acts of government invalid on constitutional grounds, and their relationship to theories of interpretation of the constitutional texts.

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Kinship And Marriage In Massachusetts Public Employee Retirement Law: An Analysis Of The Beneficiary Provisions, And Proposals For Change, Jennifer Wriggins Jan 1994

Kinship And Marriage In Massachusetts Public Employee Retirement Law: An Analysis Of The Beneficiary Provisions, And Proposals For Change, Jennifer Wriggins

Faculty Publications

No abstract provided.

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