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Articles 7831 - 7860 of 8707
Full-Text Articles in Law
When Can A Union Ask Consumers Not To Shop At A Shopping Mall?, Jay E. Grenig
When Can A Union Ask Consumers Not To Shop At A Shopping Mall?, Jay E. Grenig
Faculty Publications
No abstract provided.
Propaganda, Xenophobia, And The First Amendment, Rodney A. Smolla, Stephen A. Smith
Propaganda, Xenophobia, And The First Amendment, Rodney A. Smolla, Stephen A. Smith
Faculty Publications
No abstract provided.
The Purposes And Limits Of Independent Agencies, Paul R. Verkuil
The Purposes And Limits Of Independent Agencies, Paul R. Verkuil
Faculty Publications
The independent agency has been around for 100 years now, but we are still trying to understand how it best relates to the administration of government. Its popularity as an organizational mechanism is more a function of competing political forces within the legislative and executive branches than of any systematic analysis of its effectiveness. Yet one can discern reasons why independent agencies might be superior mechanisms for administering government programs if their structure and purpose are analyzed functionally. This essay proposes to do that and, in the process, reach some conclusions about both the potential and the limits of the …
Role Of The Criminal Defense Lawyer In Representing The Mentally Impaired Defendant: Zealous Advocate Or Officer Of The Court, Rodney J. Uphoff
Role Of The Criminal Defense Lawyer In Representing The Mentally Impaired Defendant: Zealous Advocate Or Officer Of The Court, Rodney J. Uphoff
Faculty Publications
This article examines a difficult question in the representation of mentally impaired criminal defendants: should counsel be obligated to inform the court of doubts about a client's competency to stand trial even though doing so may be contrary to the client's wishes or best interests? Professor Rodney J. Uphoff analyzes authorities that impose such an obligation on defense lawyers, including an American Bar Association Criminal Justice Standard and a recent decision of the Wisconsin Supreme Court, State v. Johnson. Uphoff concludes that these authorities needlessly undercut the mentally impaired defendant's right to zealous representation. He proposes an alternative ethical model …
The President's Powers As Commander-In-Chief Versus Congress' War Power And Appropriations Power, Charles W. Bennett, Arthur B. Culvahouse, Geoffrey P. Miller, William Bradford Reynolds, William W. Van Alstyne
The President's Powers As Commander-In-Chief Versus Congress' War Power And Appropriations Power, Charles W. Bennett, Arthur B. Culvahouse, Geoffrey P. Miller, William Bradford Reynolds, William W. Van Alstyne
Faculty Publications
This joint work explores a variety of viewpoints all centered around the War Powers Resolution and its application to the situation in the Persian Gulf.
Personal Jurisdiction After Asahi: The Other (International) Shoe Drops, R. Lawrence Dessem
Personal Jurisdiction After Asahi: The Other (International) Shoe Drops, R. Lawrence Dessem
Faculty Publications
This articles analyzes the growth and development of the doctrine of personal jurisdiction and the Supreme Court's consideration and application of that doctrine in the recent case of Asahi Metal Industry Co. v. Superior Court. Asahi is significant both because of the nature of the suit and the nationality of the third-party defendant. The Supreme Court for the first time directly addressed the constitutionality of the ‘stream of commerce’ doctrine of personal jurisdiction, a jurisdictional theory that has been employed increasingly in recent years in products liability actions. Asahi also is one of the few cases in which the Court …
Rico On The High Seas: A Symposium On Civil Rico And Maritime Law: Civil Rico's Cause Of Action: The Landscape After Sedima, Douglas E. Abrams
Rico On The High Seas: A Symposium On Civil Rico And Maritime Law: Civil Rico's Cause Of Action: The Landscape After Sedima, Douglas E. Abrams
Faculty Publications
As the names ‘Organized Crime Control Act’ and ‘Racketeer Influenced and Corrupt Organizations' themselves indicate, Congress' concern was the threat posed by organized crime and racketeering. The OCCA's purpose was ‘to seek the eradication of organized crime in the United States . . . by providing enhanced sanctions and new remedies to deal with the unlawful activities of those engaged in organized crime.’ According to the Senate Report, RICO's purpose was to ‘eliminate . . . the infiltration of organized crime and racketeering into legitimate organizations operating in interstate commerce.’
Dialectical Federalism: A Tribute To The West Virginia Supreme Court Of Appeals, Gene R. Nichol
Dialectical Federalism: A Tribute To The West Virginia Supreme Court Of Appeals, Gene R. Nichol
Faculty Publications
No abstract provided.
The Press Clause Constructed In Context: The Journalists' Right Of Access To Places, Tom A. Collins
The Press Clause Constructed In Context: The Journalists' Right Of Access To Places, Tom A. Collins
Faculty Publications
No abstract provided.
Rethinking Excessive Force, R. Wilson Freyermuth
Rethinking Excessive Force, R. Wilson Freyermuth
Faculty Publications
Each year claimants file thousands of section 1983 actions against law enforcement or prison officials. Many of these claimants allege that officials used excessive force against them in violation of their constitutional rights. Despite the large number of excessive force cases in the federal courts, however, the Supreme Court has decided only two excessive force cases brought under section 1983. In Whitley v. Albers, the Court elaborated the appropriate standard for determining whether the shooting of a prisoner violated the eighth amendment. In Tennessee v. Garner, the Court applied the fourth amendment to strike down a Tennessee statute that authorized …
The Impact Of The Supreme Court On Trends In Economic Policy Making In The United States Courts Of Appeals, Donald R. Songer
The Impact Of The Supreme Court On Trends In Economic Policy Making In The United States Courts Of Appeals, Donald R. Songer
Faculty Publications
Previous impact research has primarily investigated controversial civil liberties decisions. The present study examines the response of the United States Courts of Appeals to changes in the labor and antitrust policies announced by the Supreme Court between 1950 and 1977. Significant impact was discovered. In each policy area, the decisional trends of the courts of appeals underwent a significant change after each of two policy shifts on the Supreme Court. Changes in the decisional trends of the courts of appeal were in the predicted direction even after controls were introduced for judges' party and holdover effects.
Products Liability-Proximate Cause, Intervening Cause, And Duty, David A. Fischer
Products Liability-Proximate Cause, Intervening Cause, And Duty, David A. Fischer
Faculty Publications
The primary emphasis of this article will be on the application of proximate cause in strict liability cases involving physical harm to person or property. This includes breach of implied warranty cases causing physical harm as well as strict tort liability cases. For purposes of the matters discussed in this article, the two theories are essentially the same. The major difference between the theories is that warranty law may recognize some contract defenses that do not apply in strict tort cases. The article will also discuss negligence cases for purposes of comparison and contrast with the strict liability cases. This …
Taking Evidence And Breaking Treaties: Aerospatiale And The Need For Common Sense, James G. Dwyer, Lois A. Yurow
Taking Evidence And Breaking Treaties: Aerospatiale And The Need For Common Sense, James G. Dwyer, Lois A. Yurow
Faculty Publications
No abstract provided.
Commentary On Law: Wallowing In Intention, Gene R. Nichol
Commentary On Law: Wallowing In Intention, Gene R. Nichol
Faculty Publications
No abstract provided.
What Is “An Establishment Of Religion?", William W. Van Alstyne
What Is “An Establishment Of Religion?", William W. Van Alstyne
Faculty Publications
No abstract provided.
Impairment Of Collateral Under Section 3-606 Of The Uniform Commercial Code, Carolyn Edwards
Impairment Of Collateral Under Section 3-606 Of The Uniform Commercial Code, Carolyn Edwards
Faculty Publications
No abstract provided.
Who Can Challenge The Settlement Of An Employment Discrimination Suit?, Jay E. Grenig
Who Can Challenge The Settlement Of An Employment Discrimination Suit?, Jay E. Grenig
Faculty Publications
No abstract provided.
When May The Nlrb's Counsel Settle A Case And Withdraw The Complaint?, Jay E. Grenig
When May The Nlrb's Counsel Settle A Case And Withdraw The Complaint?, Jay E. Grenig
Faculty Publications
No abstract provided.
Procedural Due Process: May Labor Order Reinstatement Without A Prior Evidentiary Hearing?, Jay E. Grenig
Procedural Due Process: May Labor Order Reinstatement Without A Prior Evidentiary Hearing?, Jay E. Grenig
Faculty Publications
No abstract provided.
International Discovery: Mining The Depths Of The Hague Evidence Convention, Michael P. Waxman
International Discovery: Mining The Depths Of The Hague Evidence Convention, Michael P. Waxman
Faculty Publications
No abstract provided.
Can A Supervisor Be Disciplined For Working Without A Collective Bargaining Agreement With The Union?, Jay E. Grenig
Can A Supervisor Be Disciplined For Working Without A Collective Bargaining Agreement With The Union?, Jay E. Grenig
Faculty Publications
No abstract provided.
Promissory Estoppel And The Avoidance Of Injustice, Carolyn Edwards
Promissory Estoppel And The Avoidance Of Injustice, Carolyn Edwards
Faculty Publications
No abstract provided.
Federalism, State Courts, And Section 1983, Gene R. Nichol
Federalism, State Courts, And Section 1983, Gene R. Nichol
Faculty Publications
No abstract provided.
A Guide For The Selection Of Faculty Recruiters...Or Any First Year Course, Paul A. Lebel
A Guide For The Selection Of Faculty Recruiters...Or Any First Year Course, Paul A. Lebel
Faculty Publications
No abstract provided.
U.S. Supreme Court: The 1986-87 Term (Part Ii), Paul C. Giannelli
U.S. Supreme Court: The 1986-87 Term (Part Ii), Paul C. Giannelli
Faculty Publications
No abstract provided.
Eyewitness Identifications And Expert Testimony, Paul C. Giannelli
Eyewitness Identifications And Expert Testimony, Paul C. Giannelli
Faculty Publications
No abstract provided.
U.S. Supreme Court: The 1986-87 Term (Part I), Paul C. Giannelli
U.S. Supreme Court: The 1986-87 Term (Part I), Paul C. Giannelli
Faculty Publications
No abstract provided.
Privacy, Emotional Distress, And The Limits Of Libel Law Reform, Jonathan L. Entin
Privacy, Emotional Distress, And The Limits Of Libel Law Reform, Jonathan L. Entin
Faculty Publications
No abstract provided.
A New Theory Of Assent-Based Liability Emerging Under The Guise Of Promissory Estoppel: An Explanation And Defense, Juliet P. Kostritsky
A New Theory Of Assent-Based Liability Emerging Under The Guise Of Promissory Estoppel: An Explanation And Defense, Juliet P. Kostritsky
Faculty Publications
This Article will demonstrate that these apparently divergent approaches (bargain and promissory estoppel) share unifying elemental criteria that situate them all squarely within an assent-based theory of enforceability. This Article differs from scholarship that depicts promissory estoppel as having a different conceptual or theoretical basis for enforcement. This Article posits that promissory estoppel, together with other orthodox doctrines, are merely substitute doctrinal methods for showing the assent required for an enforceable consensual exchange.
Securing Justice: A Response To William Bradford Reynolds, Michael A. Middleton
Securing Justice: A Response To William Bradford Reynolds, Michael A. Middleton
Faculty Publications
I doubt that William Bradford Reynolds would disagree that the self evident truths the Framers of the Declaration of Independence spoke about are as applicable today in the 1980's as they were over 200 years ago. I also doubt that Mr. Reynolds would disagree that despite the fact that black people were not considered human beings when the Constitution was framed, the fourteenth amendment to that great document was intended to bring them within the ambit of its protections. On these two basic propositions, I suspect, Mr. Reynolds and I would agree. Beyond that however, Mr. Reynolds advances a fundamentally …