Law Commons^™

Foreword: Freedom And Tenure In The Academy: The Fiftieth Anniversary Of The 1940 Statement Of Principles, William W. Van Alstyne

Faculty Publications

This forward comments on the shared anniversary of the Bill of Rights and several declarations of academic freedom. Several of the preceding articles are intended to discuss academic freedom and the need for its protection in the U.S.

Academic Freedom And The First Amendment In The Supreme Court Of The United States: An Unhurried Historical Review, William W. Van Alstyne

Faculty Publications

No abstract provided.

Federal And State Water Quality Regulation And Law In Missouri, Peter N. Davis

Faculty Publications

This article discusses that law in two parts. The first part examines the federal and Missouri waste discharge regulatory system. The second part analyzes common law rights and remedies related to water pollution.

The Confluence Of Bulk Transfer And Fraudulent Disposition Law, Peter A. Alces

Faculty Publications

No abstract provided.

Project Clear's Paper Choice: A Hypertext System For Giving Advice About Legal Research, I. Trotter Hardy

Faculty Publications

Project CLEAR-Computers in Legal Education: Assistance with Research-applies computer techniques to teaching and advising students about legal research. "Hypertext" is a software technique appropriate both for creating information structures that users can browse through, and for creating question-and-answer decision trees that provide specific advice to users. These two hypertext techniques have been put together in Project CLEAR's Paper Choice, a computer program that provides knowledge and gives advice to law students about legal research.

Environmental Water Rights: An Evolving Concept Of Public Property, Lynda L. Butler

Faculty Publications

No abstract provided.

Cooperative Failure: An Analysis Of Intergovernmental Relationships And The Problem Of Air Quality Non-Attainment, Ronald H. Rosenberg

Faculty Publications

No abstract provided.

Governmental Drug Testing: Critique And Analysis Of Fourth Amendment Jurisprudence, Phoebe Weaver Williams

Faculty Publications

No abstract provided.

Family Support Of The Disabled: A Legislative Proposal To Create Incentives To Support Disabled Family Members, Judith G. Mcmullen

Faculty Publications

No abstract provided.

The Marquette Lawyer, James D. Ghiardi

Faculty Publications

No abstract provided.

Whose Interpretation Of Occupational Health And Safety Regulations Is Entitled To Deference?, Jay E. Grenig

Faculty Publications

No abstract provided.

What Happens To Unresolved Grievances When The Grievance Procedure Does Not Provide For Binding Arbitration?, Jay E. Grenig

Faculty Publications

No abstract provided.

Does The Lmra Preempt A State Wrongful Death Action That Charges A Union With Negligent Safety Inspections?, Jay E. Grenig

Faculty Publications

No abstract provided.

Must The Army Negotiate Salaries With A Union Representing Teachers At A School For Army Dependents?, Jay E. Grenig

Faculty Publications

No abstract provided.

Must A Federal Agency Negotiate With Its Employees' Union Over Grievance Procedures Relating To Contracting Out Work?, Jay E. Grenig

Faculty Publications

No abstract provided.

Discharge As Denouement: Appreciating The Storytelling Of Appellate Opinions, David Ray Papke

Faculty Publications

No abstract provided.

Emergency In The Constitutional Law Of The United States, William B. Fisch

Faculty Publications

In the following report I shall concentrate on the law as pronounced by the United States Supreme Court, which has, within the sphere of judicial competence, the last say on the interpretation of the Constitution. The volume of significant litigation on the subject which stops below the Supreme Court has been relatively light, and the constitutional law declared by the lower courts has played a less significant role than is the case in many other issues. Indeed, as we shall see, the Supreme Court itself has had less to say on the topic than might be hoped for. I shall …

Is A Union Official Who Has Been Convicted Of Embezzling Union Funds Entitled To Collect His Pension Benefits?, Jay E. Grenig

Faculty Publications

No abstract provided.

Hearsay: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.

Hearsay: Part Iv, Paul C. Giannelli

Faculty Publications

No abstract provided.

Hearsay: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.

Hearsay: Part Iii, Paul C. Giannelli

Faculty Publications

No abstract provided.

Separation Of Powers, The Political Branches, And The Limits Of Judicial Review, Jonathan L. Entin

Faculty Publications

No abstract provided.

The Lemon Test: Should It Be Retained, Reformulated Or Rejected?, Carl H. Esbeck

Faculty Publications

This essay addresses the Supreme Court's three-part establishment clause test originally set down in Lemon v. Kurtzman. Part I concerns the manner in which the Lemon test has substantially evolved. Part II explores what the evolved test has to offer by way of solving the seemingly conflicting duties not to inhibit free speech and political rights, while at the same time refraining from passing laws "respecting an establishment of religion." Finally, Part III addresses some of the proposals to supplant Lemon altogether.

After We're Gone: A Commentary, Michael A. Middleton

Faculty Publications

Professor Bell has placed before us a basic question that must be dealt with by all who wish to resolve the difficulties inherent in governing a free society. That question is one with which the framers of our Constitution grappled and that baffles us still. How does a society effectively govern itself and at the same time guarantee equal liberty for all? More specifically, in the racial context presented by The Chronicle of the Space Traders, when may government act for the benefit of society in a manner that is detrimental to some of its citizens because of their race?

“Our Federalism” In Pennzoil Co. V. Texaco, Inc. Or How The Younger Doctrine Keeps Getting Older Not Better, Thomas E. Baker

Faculty Publications

No abstract provided.

Aliens--Immigration And Nationality Act--Foreign Logging Vessels' Crane Operators Are Not Alien Crewmen Entitled To Enter The United States Without Work Visas International Longshoremen's And Warehousemen's Union V. Meese, 833 F.2d 1443 (9th Cir. 1989), Sandee Magliozzi

Faculty Publications

No abstract provided.

Book Review Essay: Justice Rehnquist And His Constitution, David Day

Faculty Publications

No abstract provided.

The Costs Of Settlement: The Impact Of Scarcity Of Adjudication On Litigating Lawyers, Kevin C. Mcmunigal

Faculty Publications

This Article, by comparison, focuses on the implications of lack of trial experience for litigating lawyers. Does lack of trial experience affect the way lawyers function in litigation? Does it influence their performance as advocates? As negotiators settling cases? Does it affect adherence to existing ethical standards such as those regarding competence and conflict of interest? Can one expect lawyers to understand, respect, and adhere to the values of an ethical and legal system premised, as ours is, upon a process of adjudication lawyers seldom, if ever, experience? Do the answers to these questions yield any insight for guiding reform …

Citizenship, Alienage, And Ethnic Origin Discrimination In Employment Under The Law Of The United States, Mack Player

Faculty Publications

INTRODUCTION

This paper will survey the federal law of discrimination in employment based on ethnic origin, alienage, and citizenship. There are a number of sources of this law, many of them overlapping. The federal constitution provides some protections, but only to governmental employees or applicants. The traditional centerpiece of employment discrimination law is Title VII of the Civil Rights Act of 1964. The 1866 Civil Rights Act also provides protection which overlaps with that provided by Title VII. Finally, the recently enacted Immigration Reform and Control Act of 1986 regulates both national origin discrimination, thus duplicating the protections of Title …