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Articles 8251 - 8280 of 8707

Full-Text Articles in Law

Franks V. Delaware: A Proposed Interpretation And Application, Peter A. Alces Jan 1980

Franks V. Delaware: A Proposed Interpretation And Application, Peter A. Alces

Faculty Publications

No abstract provided.

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Federal Protection Of Unique Environmental Interests: Endangered And Threatened Species, Ronald H. Rosenberg Jan 1980

Federal Protection Of Unique Environmental Interests: Endangered And Threatened Species, Ronald H. Rosenberg

Faculty Publications

Endangered species protection has long been favored by many Americans, who watched regretfully as the numbers of American eagles, buffaloes and other species dwindled toward extinction. Only recently, however, has species protection become a matter of public controversy, subsumed in the more general "development v. environment" debate. In this Article, Professor Rosenberg surveys the federal government's role in species protection, with a special focus on the Endangered Species Act of 1973. Prompted by the much-publicized Supreme Court decision in the "snail darter case"--TVA v. Hill-Congress extensively amended the Act in 1978. After a detailed analysis of these amendments, Professor Rosenberg …

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The New Iowa Criminal Code, Kermit L. Dunahoo Jan 1980

The New Iowa Criminal Code, Kermit L. Dunahoo

Faculty Publications

No abstract provided.

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The Implications Of Nlrb V. Yeshiva University, Jay E. Grenig Jan 1980

The Implications Of Nlrb V. Yeshiva University, Jay E. Grenig

Faculty Publications

No abstract provided.

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Compensatory Contempt: Plaintiff's Remedy When A Defendant Violates An Injunction, Doug R. Rendleman Jan 1980

Compensatory Contempt: Plaintiff's Remedy When A Defendant Violates An Injunction, Doug R. Rendleman

Faculty Publications

No abstract provided.

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Compensatory Contempt To Collect Money, Doug R. Rendleman Jan 1980

Compensatory Contempt To Collect Money, Doug R. Rendleman

Faculty Publications

No abstract provided.

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The Bankruptcy Discharge: Toward A Fresher Start, Doug R. Rendleman Jan 1980

The Bankruptcy Discharge: Toward A Fresher Start, Doug R. Rendleman

Faculty Publications

No abstract provided.

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Corporate Mismanagement And The Securities Act's Antifraud Provisions: A Familiar Path With Some New Detours, Thomas Lee Hazen Jan 1980

Corporate Mismanagement And The Securities Act's Antifraud Provisions: A Familiar Path With Some New Detours, Thomas Lee Hazen

Faculty Publications

No abstract provided.

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Village Of Schaumberg V. Citizens For A Better Environment And Religious Solicitation: Freedom Of Speech And Freedom Or Religion Converge, William P. Marshall Jan 1980

Village Of Schaumberg V. Citizens For A Better Environment And Religious Solicitation: Freedom Of Speech And Freedom Or Religion Converge, William P. Marshall

Faculty Publications

No abstract provided.

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Concern For Policy Outputs As A Cue For Supreme Court Decisions On Certiorari, Donald R. Songer Nov 1979

Concern For Policy Outputs As A Cue For Supreme Court Decisions On Certiorari, Donald R. Songer

Faculty Publications

No abstract provided.

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The Burger Court, 1969-1979: Continuity And Contras, William F. Swindler Oct 1979

The Burger Court, 1969-1979: Continuity And Contras, William F. Swindler

Faculty Publications

No abstract provided.

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Fourth Amendment Standing And Expectations Of Privacy: Rakas V. Illinois And New Directions For Some Old Concepts, Richard A. Williamson Oct 1979

Fourth Amendment Standing And Expectations Of Privacy: Rakas V. Illinois And New Directions For Some Old Concepts, Richard A. Williamson

Faculty Publications

No abstract provided.

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Book Review Of Administrative Law Treatise, Charles H. Koch Jr. Sep 1979

Book Review Of Administrative Law Treatise, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

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Role Of Misuse In Products Liability Litigation, David A. Fischer Jul 1979

Role Of Misuse In Products Liability Litigation, David A. Fischer

Faculty Publications

Misuse is puzzling. Sometimes it cuts off liability and sometimes it does not, but courts have failed to clarify exactly what sort of conduct qualifies as the type of misuse that bars recovery. Generally speaking misuse takes two forms, abnormal use and mishandling. Abnormal use comes about when a product is used for an improper purpose; mishandling comes about when a product is used for a proper purpose but in an improper manner. Under this definition defendants can claim that virtually any unusual handling or use of a product constitutes misuse. Yet courts will not always accept this characterization. They …

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Two Perspectives On Structuring Discretion: Justices Stewart And White On The Death Penalty, Larry I. Palmer Jul 1979

Two Perspectives On Structuring Discretion: Justices Stewart And White On The Death Penalty, Larry I. Palmer

Faculty Publications

No abstract provided.

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Rites Of Passage: Race, The Supreme Court, And The Constitution, William W. Van Alstyne Jul 1979

Rites Of Passage: Race, The Supreme Court, And The Constitution, William W. Van Alstyne

Faculty Publications

No abstract provided.

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Response: Pornography And The First Amendment, Frederick Schauer Jul 1979

Response: Pornography And The First Amendment, Frederick Schauer

Faculty Publications

No abstract provided.

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The Role Of Appellate Court In Mandatory Sentencing Schemes, Larry I. Palmer Apr 1979

The Role Of Appellate Court In Mandatory Sentencing Schemes, Larry I. Palmer

Faculty Publications

No abstract provided.

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Adoption: A Plea For Realistic Constitutional Decisionmaking, Larry I. Palmer Apr 1979

Adoption: A Plea For Realistic Constitutional Decisionmaking, Larry I. Palmer

Faculty Publications

No abstract provided.

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The United States Supreme Court: The 1978-79 Term, Paul C. Giannelli Jan 1979

The United States Supreme Court: The 1978-79 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.

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Note, South Dakota V. Brown: Judicial Enforcement Of Governor's Duty To Extradite Fugitives, Kevin C. Mcmunigal Jan 1979

Note, South Dakota V. Brown: Judicial Enforcement Of Governor's Duty To Extradite Fugitives, Kevin C. Mcmunigal

Faculty Publications

This Note focuses on the Brown court's analysis of the issue of state court enforcement of the gubernatorial extradition duty imposed by the Extradition Act. It examines the court's construction of the Act, as well as the court's initial decision to frame the basic question addressed as solely one of statutory interpretation. The conclusion reached is that the Brown court's analysis is a product of result-oriented judicial reasoning. This Note does not address the court's handling of enforcement of the federally imposed duty nor the theoretical justifications for gubernatorial discretion in extradition of interstate fugitives

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Character Evidence, Paul C. Giannelli Jan 1979

Character Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.

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Note, Antitrust Law – Municipal Immunity – Application Of The State Action Doctrine To Municipalities - City Of Lafayette V. Louisiana Power & Light Co., Juliet P. Kostritsky Jan 1979

Note, Antitrust Law – Municipal Immunity – Application Of The State Action Doctrine To Municipalities - City Of Lafayette V. Louisiana Power & Light Co., Juliet P. Kostritsky

Faculty Publications

This noted discusses City of Lafayette v. Louisiana Power & Light Co.

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Joinder And Severance, Paul C. Giannelli, Peter Joy Jan 1979

Joinder And Severance, Paul C. Giannelli, Peter Joy

Faculty Publications

No abstract provided.

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European Analogues To The Class Action: Group Action In France And Germany, William B. Fisch Jan 1979

European Analogues To The Class Action: Group Action In France And Germany, William B. Fisch

Faculty Publications

For the civil proceduralist in the United States the most perplexing problems of recent years have been presented by claims of large numbers of persons against large economic interests. A single error in manufacturing design can cause a relatively small injury to each of a large number of consumers; a misrepresentation in national advertising for such goods can have similar consequences; the polluting effects of a single enterprise can be dispersed among a large neighboring population. The result is that the stake of each potential claimant in the outcome of the litigation can be greatly outweighed by the magnitude of …

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Products Liability--Functionally Imposed Strict Liability, David A. Fischer Jan 1979

Products Liability--Functionally Imposed Strict Liability, David A. Fischer

Faculty Publications

Many manufacturers and insurance companies claim that a products liability crisis exists. This is evidenced by soaring products liability insurance rates. They express the fear that as insurance becomes unavailable or prohibitively expensive, useful products will be withheld from the market and some manufacturers may even be forced out of business. Such critics of the tort system are calling for modifications of the common law in order to give greater protection to manufacturers. A more drastic approach, vigorously championed by Professor Jeffrey O'Connell, calls for total or partial abolition of the tort system and substitution with various forms of no-fault …

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Models Of Corporate Conduct: From The Government Dominated Corporation To The Corporate Dominated Government, Thomas Lee Hazen, Bren L. Buckley Jan 1979

Models Of Corporate Conduct: From The Government Dominated Corporation To The Corporate Dominated Government, Thomas Lee Hazen, Bren L. Buckley

Faculty Publications

No abstract provided.

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Premature Probate: A Different Perspective On Guardianship For The Elderly, George J. Alexander Jan 1979

Premature Probate: A Different Perspective On Guardianship For The Elderly, George J. Alexander

Faculty Publications

No abstract provided.

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State Medical Malpractice Screening Panels In Federal Diversity Actions, Vincent C. Alexander Jan 1979

State Medical Malpractice Screening Panels In Federal Diversity Actions, Vincent C. Alexander

Faculty Publications

During the early 1970's, a medical malpractice crisis was perceived in the United States. An increasing number of costly and time-consuming lawsuits alleging medical malpractice against doctors, hospitals, and other health care providers caused malpractice insurers to raise premiums substantially, which in turn threatened to curtail the availability of adequate health care at reasonable cost. State legislatures responded to the crisis with a variety of substantive and procedural measures intended to reduce the number of litigated claims and the size of jury awards. One of the principal steps taken in a majority of states was the creation of extrajudicial panels …

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The Limited Constitutional Convention—The Recurring Answer, William W. Van Alstyne Jan 1979

The Limited Constitutional Convention—The Recurring Answer, William W. Van Alstyne

Faculty Publications

No abstract provided.

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