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Full-Text Articles in Law

Some Preliminary Thoughts On Long-Range Planning For The Federal Judiciary, Thomas E. Baker Jan 1992

Some Preliminary Thoughts On Long-Range Planning For The Federal Judiciary, Thomas E. Baker

Faculty Publications

Professor Baker gives his prescription for the Long-Range Planning Committee of the Judicial Conference. First, he considers the "mission" of the federal courts, explaining that there should be no single, objectively correct conception of the role of the federal courts. Second, he discusses his conception of long-range planning, in terms of a relatively short event horizon and the absolutely wide-open scope of the range of proposals that are relevant to the work of the Committee. Third, he describes his preliminary thoughts on the role of the Committee to be a kind of permanent Federal Courts Study Committee modeled after comparable …


Divided Justice: A Commentary On The Nomination And Confirmation Of Justice Thomas, Michael J. Gerhardt Jan 1992

Divided Justice: A Commentary On The Nomination And Confirmation Of Justice Thomas, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Is The Constitutional Concern With Religious Involvement In The Public Square Hostility?, William P. Marshall Jan 1992

Is The Constitutional Concern With Religious Involvement In The Public Square Hostility?, William P. Marshall

Faculty Publications

No abstract provided.


Child Abuse Reporting Laws And Attorney-Client Confidences: The Reality And The Specter Of Lawyer As Informant, Robert P. Mosteller Jan 1992

Child Abuse Reporting Laws And Attorney-Client Confidences: The Reality And The Specter Of Lawyer As Informant, Robert P. Mosteller

Faculty Publications

No abstract provided.


The Left, The Right, And Certainty In Constitutional Law, Gene R. Nichol Jr. Jan 1992

The Left, The Right, And Certainty In Constitutional Law, Gene R. Nichol Jr.

Faculty Publications

No abstract provided.


The New Criminal Discovery Code In Oklahoma: A Two Way Street In The Wrong Direction, Rodney J. Uphoff Oct 1991

The New Criminal Discovery Code In Oklahoma: A Two Way Street In The Wrong Direction, Rodney J. Uphoff

Faculty Publications

This article first examines criminal discovery in Oklahoma prior to the Allen decision. Next, section II of the article explores Allen and the court’s justifications for creating a reciprocal discovery system. The article reviews the Allen procedures and similar pre-trial discovery provisions contained in the American Bar Association’s Standards for Criminal Justice and questions whether Allen’s new discovery system will achieve the desired results. Section II also focuses on the constitutionality of the defendant’s disclosure obligations and the adverse effects of mandating such disclosures on the adversary system. Finally, section III of the article proposes an alternative discovery code based …


And The Rebuttal, Glenn E. Coven Oct 1991

And The Rebuttal, Glenn E. Coven

Faculty Publications

No abstract provided.


An Issue-Driven Strategy For Review Of Agency Decisions, Charles H. Koch Jr. Oct 1991

An Issue-Driven Strategy For Review Of Agency Decisions, Charles H. Koch Jr.

Faculty Publications

No abstract provided.


Including Retirement Benefits In A Debtor's Bankruptcy Estate: A Proposal For Harmonizing Erisa And The Bankruptcy Code, Michelle A. Cecil Jul 1991

Including Retirement Benefits In A Debtor's Bankruptcy Estate: A Proposal For Harmonizing Erisa And The Bankruptcy Code, Michelle A. Cecil

Faculty Publications

This Article first examines the conflicting policies of ERISA and the Bankruptcy Code. It then explores how the various courts have attempted to reconcile these policies when faced with the issue of whether a debtor's interest in retirement plan assets should be available for distribution to creditors in bankruptcy. In analyzing the relevant case law, the Article examines cases addressing the exclusion issue (whether pension plans should be excluded from the bankruptcy estate entirely). It also evaluates cases addressing the exemption issue (whether plan assets, once included in the bankruptcy estate, can be exempted out of the estate by the …


An Analysis Of Ethics Teaching In Law Schools: Replacing Lost Benefits Of The Apprentice System In The Academic Atmosphere, James E. Moliterno Jul 1991

An Analysis Of Ethics Teaching In Law Schools: Replacing Lost Benefits Of The Apprentice System In The Academic Atmosphere, James E. Moliterno

Faculty Publications

No abstract provided.


A Proposal To Resolve Interbranch Disputes On The Practice Field, Paul R. Verkuil Jul 1991

A Proposal To Resolve Interbranch Disputes On The Practice Field, Paul R. Verkuil

Faculty Publications

No abstract provided.


The Civil Rights Hydra, Neal Devins May 1991

The Civil Rights Hydra, Neal Devins

Faculty Publications

No abstract provided.


An Agenda For Reform Of The Article 9 Filing System, Peter A. Alces, Robert M. Lloyd Apr 1991

An Agenda For Reform Of The Article 9 Filing System, Peter A. Alces, Robert M. Lloyd

Faculty Publications

No abstract provided.


Right-Talk And Torts-Talk: A Commentary On The Road Not Taken In The Intellectual History Of Tort Law, Paul A. Lebel Apr 1991

Right-Talk And Torts-Talk: A Commentary On The Road Not Taken In The Intellectual History Of Tort Law, Paul A. Lebel

Faculty Publications

No abstract provided.


The Enduring Example Of John Marshall Harlan: "Virtue As Practice" In The Supreme Court, William W. Van Alstyne Apr 1991

The Enduring Example Of John Marshall Harlan: "Virtue As Practice" In The Supreme Court, William W. Van Alstyne

Faculty Publications

No abstract provided.


Congress, The President, And The Separation Of Powers: Rethinking The Value Of Litigation, Jonathan L. Entin Jan 1991

Congress, The President, And The Separation Of Powers: Rethinking The Value Of Litigation, Jonathan L. Entin

Faculty Publications

No abstract provided.


Not Another Constitutional Law Course: A Proposal To Teach A Course On The Constitution, Thomas E. Baker Jan 1991

Not Another Constitutional Law Course: A Proposal To Teach A Course On The Constitution, Thomas E. Baker

Faculty Publications

Professors Baker and Viator discuss the shortcomings of the current law school constitutional law curriculum. They lament the emphasis on current Supreme Court cases to the almost complete exclusion of the actual text of the Constitution and writings of the intellectual and philosophical history from which it sprang. The professors then lay out a syllabus for their proposed three credit constitutional law class.


The Devil's Disciple And The Learned Profession: Ambrose Bierce And The Practice Of Law In Gilded Age America, J. Gordon Hylton Jan 1991

The Devil's Disciple And The Learned Profession: Ambrose Bierce And The Practice Of Law In Gilded Age America, J. Gordon Hylton

Faculty Publications

No abstract provided.


The Removal Of Work From Bargaining Unit Employees: The Supreme Court, The Board And Arbitrators, Jay E. Grenig Jan 1991

The Removal Of Work From Bargaining Unit Employees: The Supreme Court, The Board And Arbitrators, Jay E. Grenig

Faculty Publications

No abstract provided.


Virginia And The Ratification Of The Bill Of Rights, J. Gordon Hylton Jan 1991

Virginia And The Ratification Of The Bill Of Rights, J. Gordon Hylton

Faculty Publications

No abstract provided.


The Judge Who Abstained In Plessy V. Ferguson: Justice David Brewer And The Problem Of Race, J. Gordon Hylton Jan 1991

The Judge Who Abstained In Plessy V. Ferguson: Justice David Brewer And The Problem Of Race, J. Gordon Hylton

Faculty Publications

No abstract provided.


Reflecting On Changes In Legal Education: Marquette’S Expanding Resources Help Improve The Profession, Practitioners, James D. Ghiardi Jan 1991

Reflecting On Changes In Legal Education: Marquette’S Expanding Resources Help Improve The Profession, Practitioners, James D. Ghiardi

Faculty Publications

No abstract provided.


On Stopping And Restarting The Race: A Response To Malloy’S Law And Economics, David Ray Papke Jan 1991

On Stopping And Restarting The Race: A Response To Malloy’S Law And Economics, David Ray Papke

Faculty Publications

No abstract provided.


The Dismissal Of Employees In The United States, Jay E. Grenig Jan 1991

The Dismissal Of Employees In The United States, Jay E. Grenig

Faculty Publications

No abstract provided.


Must An Employer Arbitrate Grievances Involving Layoffs After The Expiration Of The Collective Bargaining Agreement?, Jay E. Grenig Jan 1991

Must An Employer Arbitrate Grievances Involving Layoffs After The Expiration Of The Collective Bargaining Agreement?, Jay E. Grenig

Faculty Publications

No abstract provided.


Legal Research Tools For The Nebraska Practitioner: An Annotated Bibliography, Patricia A. Cervenka, Sally H. Wise Jan 1991

Legal Research Tools For The Nebraska Practitioner: An Annotated Bibliography, Patricia A. Cervenka, Sally H. Wise

Faculty Publications

No abstract provided.


Authentication, Paul C. Giannelli Jan 1991

Authentication, Paul C. Giannelli

Faculty Publications

No abstract provided.


Hear No Evil, See No Evil: On Professor Nesson's Claims About Evidence Suppression, Dale A. Nance Jan 1991

Hear No Evil, See No Evil: On Professor Nesson's Claims About Evidence Suppression, Dale A. Nance

Faculty Publications

Response to Professor Nesson's presentaiton at the Decision and Interference Litigation symposium, New York, New York, 1991.


Gunshot Residue Tests, Paul C. Giannelli Jan 1991

Gunshot Residue Tests, Paul C. Giannelli

Faculty Publications

No abstract provided.


The Oregon Medicaid Program: Is It Just?, Maxwell J. Mehlman Jan 1991

The Oregon Medicaid Program: Is It Just?, Maxwell J. Mehlman

Faculty Publications

While the objective of expanding the Oregon Medicaid program is commendable, the means adopted by the Oregon legislature to control the costs of the expansion are problematic. This paper examines the legislature's approach from a legal perspective. The first part of the paper determines whether it is consistent with federal and state law governing the Medicaid program. Oregon is seeking waivers from any conflicting federal requirements, and since there do not appear to be any constitutional impediments, the key question is whether the waivers should be granted as a matter of sound public policy. The second and third parts of …