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Articles 7501 - 7530 of 8707
Full-Text Articles in Law
Suspicionless Drug Testing After Skinner And Von Raab: Constitutional Adjudication In The Courts Of Appeals, Phoebe Weaver Williams
Suspicionless Drug Testing After Skinner And Von Raab: Constitutional Adjudication In The Courts Of Appeals, Phoebe Weaver Williams
Faculty Publications
No abstract provided.
The Inherent Limitations Of After-The-Fact Statutes Dealing With The Emotional And Sexual Maltreatment Of Children, Judith G. Mcmullen
The Inherent Limitations Of After-The-Fact Statutes Dealing With The Emotional And Sexual Maltreatment Of Children, Judith G. Mcmullen
Faculty Publications
No abstract provided.
Does The Imposition Of Pension Plan Withdrawal Liability On An Employer Constitute A Taking Of Property Without Due Process?, Jay E. Grenig
Does The Imposition Of Pension Plan Withdrawal Liability On An Employer Constitute A Taking Of Property Without Due Process?, Jay E. Grenig
Faculty Publications
No abstract provided.
Can Governmental Action Shield Otherwise Commercial Activity Under The Foreign Sovereign Immunities Act?, Michael P. Waxman
Can Governmental Action Shield Otherwise Commercial Activity Under The Foreign Sovereign Immunities Act?, Michael P. Waxman
Faculty Publications
No abstract provided.
Can Filing An Appellate Brief Satisfy The Federal Rules For Filing A Notice Of Appeal?, Jay Grenig
Can Filing An Appellate Brief Satisfy The Federal Rules For Filing A Notice Of Appeal?, Jay Grenig
Faculty Publications
No abstract provided.
Sports Participation By "Handicapped" Athletes, Matthew J. Mitten
Sports Participation By "Handicapped" Athletes, Matthew J. Mitten
Faculty Publications
No abstract provided.
Turning Online Time Into Quality Time: Searching Ohio Case Law On Lexis And Westlaw, Randy J. Diamond
Turning Online Time Into Quality Time: Searching Ohio Case Law On Lexis And Westlaw, Randy J. Diamond
Faculty Publications
This article discusses some of the lesser known complexities of LEXIS and WESTLAW and the necessity for evaluating these systems critically. Sample searches highlight the major differences between WESTLAW's and LEXIS's search protocols. Comparable features of each system are examined to show how users can improve the quality of their search results and to warn of unintended consequences when users misapply them. Strategies for formulating searches that retrieve relevant cases and prevent the exclusion of potentially relevant cases are considered, along with the economics of online searching. Although the searches presented are limited to Ohio case law, they are adaptable …
Basle Committee Minimum Standards : International Regulatory Response To The Failure Of Bcci, Duncan E. Alford
Basle Committee Minimum Standards : International Regulatory Response To The Failure Of Bcci, Duncan E. Alford
Faculty Publications
No abstract provided.
Deerly, Departed (On The Lighter Side), Paul A. Lebel
Deerly, Departed (On The Lighter Side), Paul A. Lebel
Faculty Publications
No abstract provided.
Why Have Chapter 11 Bankruptcies Failed So Miserably? A Reappraisal Of Congressional Attempts To Protect A Corporation's Net Operating Losses After Bankruptcy, Michelle A. Cecil
Why Have Chapter 11 Bankruptcies Failed So Miserably? A Reappraisal Of Congressional Attempts To Protect A Corporation's Net Operating Losses After Bankruptcy, Michelle A. Cecil
Faculty Publications
This Article will first outline the history of judicial and statutory limitations on the free transferability of net operating losses, highlighting congressional attempts to afford more favorable treatment to troubled corporations reorganizing in Title 11 proceedings. It will then examine the operation of section 382 of the 1986 Code, again focusing on those provisions designed to assist in the successful reorganization of these corporations, and will demonstrate the wholesale inability of these provisions to preserve the net operating losses of troubled corporations. Finally, the Article will propose an amendment to section 382 that would increase the likelihood that corporations will …
Dental And Bite Mark Evidence, Paul C. Giannelli
Dental And Bite Mark Evidence, Paul C. Giannelli
Faculty Publications
No abstract provided.
"Other Acts” & Character Evidence: Part I, Paul C. Giannelli
"Other Acts” & Character Evidence: Part I, Paul C. Giannelli
Faculty Publications
No abstract provided.
United States Supreme Court: 1990-91 Term, Paul C. Giannelli
United States Supreme Court: 1990-91 Term, Paul C. Giannelli
Faculty Publications
No abstract provided.
United States Supreme Court: 1991-92 Term, Paul C. Giannelli
United States Supreme Court: 1991-92 Term, Paul C. Giannelli
Faculty Publications
No abstract provided.
Understanding Responses To Hearsay: An Extension Of The Comparative Analysis, Dale A. Nance
Understanding Responses To Hearsay: An Extension Of The Comparative Analysis, Dale A. Nance
Faculty Publications
Response to Professor Damaska's presentation at the Hearsay Reform Conference, Minneapolis, Minnesota, 1992.
Causal Comparisons, Robert N. Strassfeld
Causal Comparisons, Robert N. Strassfeld
Faculty Publications
Focusing on the multiple meanings of the statement "A was a more important cause of C than was B," Professor Strassfeld considers the feasibility of comparative causation as a means of apportioning legal responsibility for harms He concludes that by combining two different interpretations of "more important cause"--judgments of comparative counterfactual similarity and the Uniform Comparative Fault Act approach of comparative responsibility-we can effectively make causal comparisons and avoid the effort to compare such incommensurables as the defendant's fault under a strict liability standard and the plain- tiff's fault for failure to exercise reasonable care
Rethinking Attorney Conflict Of Interest Doctrine, Kevin C. Mcmunigal
Rethinking Attorney Conflict Of Interest Doctrine, Kevin C. Mcmunigal
Faculty Publications
This article focuses on conflict of interest doctrine dealing with concur- rent conflict of interest issues. Its thesis is that a primary source of confusion in conflict of interest doctrine is its failure to clearly articulate and answer the central questions which lie at the heart of the subject. In essence it argues that to remedy this confusion we need to rethink attorney conflict of interest doctrine so that it focuses more clearly on articulating and answering these central questions.
If . . .: Counterfactuals In The Law, Robert N. Strassfeld
If . . .: Counterfactuals In The Law, Robert N. Strassfeld
Faculty Publications
This Article considers some of the uses of counterfactuals in the law. Counterfactuals are a type of conditional statement. Conditional statements express the idea that something is or will be the case (the consequent), provided that some other situation is realized (the antecedent). Conditionals often take the form "if p then q", Counterfactuals are conditionals in which the author expresses the knowledge or belief that the antecedent is false.
Intrusion And The Investigative Reporter, Lyrissa Lidsky
Intrusion And The Investigative Reporter, Lyrissa Lidsky
Faculty Publications
Although sometimes reviled as muckrakers, investigative reporters play a valuable role in exposing societal ills and advancing reform. The success of investigative journalism is due, at least in part, to its use of novel newsgathering techniques. Yet some of these same techniques pose a threat to individual privacy. Current tort doctrine strikes an unsatisfactory balance between these competing interests. The qualified common-law privilege advocated by this Note, in contrast, would protect those newsgathering activities that promote the public welfare. Equally significantly, by sending a clear message to editors, media lawyers, and reporters about the scope of protected newsgathering activity, it …
Legislative Veto Of Administrative Rules In Missouri: A Constitutional Virus, Kenneth D. Dean
Legislative Veto Of Administrative Rules In Missouri: A Constitutional Virus, Kenneth D. Dean
Faculty Publications
The purpose of this Article is to examine the constitutionality of the legislative veto as it exists in Missouri, specifically the powers of the JCAR. Part II of the Article traces the history of the JCAR and the various types of powers given to it. Part III of the Article examines the experiences of the United States government and other states to determine their applicability to Missouri. Part IV examines the various grants of power to determine whether they comply with the Missouri constitution.
Government Regulation Of Religiously Based Social Services: The First Amendment Considerations, Carl H. Esbeck
Government Regulation Of Religiously Based Social Services: The First Amendment Considerations, Carl H. Esbeck
Faculty Publications
A daunting welter of variables confronts anyone who sets out to systematize the First Amendment's effect on the government's role in regulating social services operated by religious organizations. The task is further complicated because the regulations in question often were promulgated as a consequence of the monitoring that inevitably accompanies government spending on private-sector welfare programs. The most suitable methodology should take into account: 1) the nature of the organizations that are the object of the government's regulation or program of aid; 2) the interrelationship between government and religious organizations that results from the regulation or aid; and 3) the …
Litigation As A Predatory Practice, Gary Myers
Litigation As A Predatory Practice, Gary Myers
Faculty Publications
This article reviews and evaluates the sham litigation case law, finding that many courts have allowed immunity too readily or on inappropriate grounds. It attempts to develop comprehensive standards for antitrust claims based on sham litigation.
The Legal Profession, Legal Education, And Change, Robert H. Jerry Ii
The Legal Profession, Legal Education, And Change, Robert H. Jerry Ii
Faculty Publications
The accounts of how the legal profession has changed in recent years are as abundant as the changes themselves. The common message is clear: the magnitude of change is immense, and the pace is unprecedented.
The End Of The Public Forum Doctrine, David Day
The End Of The Public Forum Doctrine, David Day
Faculty Publications
No abstract provided.
Legislation: Congressional Initiatives: The Forgotten Constraint: Bankruptcy Legislation And The Uniformity Clause, Jonathan Van Patten
Legislation: Congressional Initiatives: The Forgotten Constraint: Bankruptcy Legislation And The Uniformity Clause, Jonathan Van Patten
Faculty Publications
No abstract provided.
Law Schools, Bench, And Bar: A Needed Partnership For Lawyer Competence And Professionalism, Barry Vickrey
Law Schools, Bench, And Bar: A Needed Partnership For Lawyer Competence And Professionalism, Barry Vickrey
Faculty Publications
No abstract provided.
The Trouble With Confidential Sources: A Criticism Of The Supreme Court’S Interest-Group View Of The First Amendment In Cohen V. Cowles Media Company, Patrick Garry
Faculty Publications
No abstract provided.
"Other Acts” & Character Evidence: Part Ii, Paul C. Giannelli
"Other Acts” & Character Evidence: Part Ii, Paul C. Giannelli
Faculty Publications
No abstract provided.
Presumed Ineligible: The Effect Of Criminal Convictions On Applications For Asylum And Withholding Of Deportation Under Section 515 Of The Immigration Act Of 1990, Evangeline G. Abriel
Presumed Ineligible: The Effect Of Criminal Convictions On Applications For Asylum And Withholding Of Deportation Under Section 515 Of The Immigration Act Of 1990, Evangeline G. Abriel
Faculty Publications
No abstract provided.
Less Law Than Meets The Eye, David D. Friedman
Less Law Than Meets The Eye, David D. Friedman
Faculty Publications
No abstract provided.