Law Commons^™

The Index To Legal Periodicals On Cd-Rom, Wilsondisc, Marsha Baum

Faculty Scholarship

About the Index to Legal Periodicals functionality now that it is on CD.

Economists As Judges: A Selective, Annotated Bibliography, Janet Sinder

Faculty Scholarship

No abstract provided.

An Examination Of Real Estate Purchase Options, Ronald B. Brown

Faculty Scholarship

No abstract provided.

Determining Limitation Periods For Actions Arising Under Federal Statutes, Neil Sobol

Faculty Scholarship

Time limitations for cause of action are an integral part of the American system of law. These limitations define time periods following the accrual of the right of action in which a litigant must assert his claim. If the litigant fails to commence his suit within the specified time period, the court will generally deny relief. Given that failure to commence a suit before the limitation period has expired may deny an injured party relief and allow a wrongdoer to escape without providing such relief, litigants must be able to determine the limitation periods that will apply to their particular …

Compensation Programs For Vaccine-Related Injury Abroad: A Comparative Analysis, Wendy K. Mariner

Faculty Scholarship

Adverse physical reactions to immunizations, ¹ although comparatively rare, raise fundamental questions about the relationship between the state and the individual. In the United States, responsibility for vaccine-related injuries has been judicially and administratively debated for nearly two decades, beginning with the seminal decision of Davis v. Wyeth Laboratories. The primary issue is whether a person who suffers an unpredictable adverse reaction to a vaccination is entitled to receive compensation for his or her injuries, and if so, whether compensation should be provided by the manufacturer of the vaccine as part of its responsibility for the effects of its products, …

Getting To Market: The Scientific And Legal Climate For Developing An Aids Vaccine, Wendy K. Mariner, Robert C. Gallo

Faculty Scholarship

Expectations of a vaccine to prevent acquired immunodeficiency syndrome (AIDS) are rising. Not only are the prospects for an effective immunogen improving, but immunization appears to hold the greatest promise for halting the spread of infection and disease.' Identification of the causal agent-the retrovirus called HTLV-III, LAV, or generically, HIV (human immunodeficiency virus)-has provided the direction and limited the options for containing the disease.

Prevention is, of course, critical where the disease must be presumed to be fatal in all cases. Although there is no clear evidence that any single exposure to HIV will result in infection or disease, prudence …

Qualitative Standards For 'Qualified Securities': Sec Regulation Of Voting Rights, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Qualitative Standards For Qualified Securities: Sec Regulation Of Voting Rights, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Surrogate Parenthood, George J. Annas, John Robertson

Faculty Scholarship

Does a surrogate mother have the right to change her mind? Not according to the Baby M court, which enforced a $10,000 contract between Mary Beth Whitehead and William and Elizabeth Stern that it found was "in the best interests of the child." The decision is now on appeal before the New Jersey Supreme Court.

The case has produced sharply divided reaction-some denounce surrogate arrangements as Orwellian while others see them as a boon to childless couples.

George Annas, a professor of health law at Boston University's School of Public Health, would void these contracts on policy grounds. He believes …

The Independent Corporate Board: A Means To What End?, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Substance, Process And Outcome In Constitutional Theory, David B. Lyons

Faculty Scholarship

Scholarship in philosophy proceeds at a slower pace than in the law. As Tom Lehrer, the poet laureate of a recent generation, might have said, the law biz travels on a faster track. Or so it seems to a philosopher who has recently been treading the tracks of constitutional lawyers.

And so it is with apprehension that I take as my text a book that was published as long ago as 1980. As the title of this lecture might suggest to someone with so long a memory, the book is John Hart Ely's Democracy and Distrust.' That work provoked an …

Conflict Of Law (1987), James Paul George, Fred C. Pedersen

Faculty Scholarship

Conflicts of law occur when foreign elements appear in a lawsuit. Nonresident litigants, incidents in sister states or foreign countries, and lawsuits from other jurisdictions are all foreign elements that may create problems in judicial jurisdiction, choice of law, or the recognition of foreign judgments. This Article reviews Texas conflict of laws during the Survey period from late 1985 through 1986. The Survey includes cases from Texas state and federal courts, and non-Texas cases affecting Texas practice. Excluded are cases involving federal/state conflicts, criminal law, intrastate matters such as subject matter jurisdiction and venue, and conflicts in time, such as …

Conceptualizing Proof And Calculating Probabilities: A Response To Professor Kaye, Neil B. Cohen

Faculty Scholarship

No abstract provided.

Blue-Sky Merit Regulation: Benefit To Investors Or Burden On Commerce?, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Reconciling Differences: The Theory And Law Of Mediating Labor Grievances, Deborah A. Schmedemann

Faculty Scholarship

While grievance arbitration is the most common method of resolution of disputes arising under collective bargaining agreements, the author proposes that there is also a place for grievance mediation. The author compares mediation to arbitration and negotiation, and describes the strengths and weaknesses of mediation. She explains how mediation clauses in labor agreements could be enforced under section 301 of the LMRA, to protect rights created by those agreements, and proposes that mediation clauses be a basis for injunctions against strikes during the term of an agreement in certain situations. However, the author suggests that courts and the National Labor …

Masking Copyright Decisionmaking: The Meaninglessness Of Substantial Similarity, Amy B. Cohen

Faculty Scholarship

Traditionally courts have place great weight on the issue of substantial similarity in adjudicating copyright infringement lawsuits. Once success is proven, a court will usually find infringement if the works are viscerally determined to be substantially similar. This Article criticizes the traditional approach as failing adequately to distinguish copying from misappropriation, failing adequately to distinguish ideas from expression, failing to provide adequate guidelines for determining misappropriation, and as overlapping with fair use determinations. The Article also criticizes variations on the traditional approach imposed by the Third and Ninth Circuit Courts of Appeal as not remedying the traditional approach's fundamental shortcomings. …

(Part 1) Chapter 7 Cases: Do Erisa And The Bankruptcy Code Conflict As To Whether A Debtor's Interest In Or Rights Under A Qualified Plan Can Be Used To Pay Claims, Donna Litman

Faculty Scholarship

No abstract provided.

(Part 2) Chapter 7 Cases: Do Erisa And The Bankruptcy Code Conflict As To Whether A Debtor's Interest In Or Rights Under A Qualified Plan Can Be Used To Pay Claims, Donna Litman

Faculty Scholarship

No abstract provided.

Giving Credit Where Credit Is Due: The Role Of The Noneconomic Contribution Of The Physical Custodian In Establishing Child Support, Karen Czapanskiy

Faculty Scholarship

No abstract provided.

The Privileges And Immunities Clause Of Article Iv, David S. Bogen

Faculty Scholarship

No abstract provided.

On Sugarman On Tort-Chopping, Oscar S. Gray

Faculty Scholarship

No abstract provided.

State Constitutions, Freedom Of Expression, And Search And Seizure: Prospects For State Court Reincarnation, Sue Davis, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

The Right To Medical Treatment, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

The Passive Activity Loss Rules: Planning Considerations, Techniques, And A Foray Into Never-Never Land, Daniel S. Goldberg

Faculty Scholarship

No abstract provided.

Rush To Judgment: Hiv Test Reliability And Screening, Taunya Lovell Banks, Roger R. Mcfadden

Faculty Scholarship

No abstract provided.

Common Law Remedies Of Employees Injured By Employer Use Of Polygraph Testing, Deborah J. Weimer

Faculty Scholarship

No abstract provided.

The Fault Concept In Personal Injury Cases In Minnesota: Implications For Tort Reform, Michael K. Steenson

Faculty Scholarship

Legislative tort reform proposals have attempted to restore what is perceived to be an imbalance in the tort-litigation system by limiting tort recoveries. One of the motivating factors behind tort reform proposals is a concern that tort law has deviated from a fault-based system of liability. It is this concern over the structure of the fault system in Minnesota that is the subject of this Article. This Article examines Minnesota Supreme Court opinions of the 20th Century to determine whether the court's decisions deviated from a fault-based system of liability. The focus is on change, accepted and rejected. The purpose …

The Election Of Directors And Chapter 11--The Second Circuit Tells Stockholders To Walk Softly And Carry A Big Lever, Michael A. Gerber

Faculty Scholarship

No abstract provided.

Comments On Standards Of Judicial Review, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

Preface: Master Advocates Edition, Robinson O. Everett

Faculty Scholarship

No abstract provided.