Law Commons^™

Javorek V. Larson: Insurer's Obligation To Defend And Indemnify Insufficient To Establish Jurisdiction--Seider Sours In California, James P. George

Faculty Scholarship

With its recent decision in Javorek v. Larson, the California Supreme Court has joined the growing number of states which have rejected the exercise of jurisdiction based upon the quasi in rem attachment of automobile liability insurance policies. This particular jurisdictional basis was first recognized in the New York case of Seider v. Roth, where the insurer's obligation to defend and indemnify the insured was found to be an attachable debt, yielding jurisdiction to the plaintiff's home state of New York, even though the defendant was a Canadian resident and the accident occurred in Vermont. The only …

Surface Water Flooding In Urban Areas: Rights And Remedies Under The Common-Enemy Doctrine, James P. George

Faculty Scholarship

Urban flooding is an ever increasing problem as land development intensifies in expanding metropolitan areas. This situation not only has a significant impact on the physical environment, but has substantial legal consequences as well. In urban flooding situations, rivers and streams pose obvious flood threats, but the damaged area is generally restricted to a definable flood plain. Surface water presents a more subtle and pervasive problem; with heavy rainfall or poor drainage, surface runoff can submerge land not ordinarily considered subject to flood damage, further increasing riparian problems as the concentrated runoff finds its way to streams and rivers. Although …

Discretionary Decision-Making In The Criminal Justice System And The Black Offender: Some Alternatives, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

Discretionary Justice And The Black Offender, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

The Court Of Appeals Of Maryland: Roles, Work And Performance - Part I, William L. Reynolds

Faculty Scholarship

No abstract provided.

Misrepresentation - Part I, Fleming James, Oscar S. Gray

Faculty Scholarship

No abstract provided.

Housing And Technology: The Mobile Home Experience, Bailey Kuklin

Faculty Scholarship

No abstract provided.

The Use And Abuse Of Comparative Negligence In Products Liability, Aaron Twerski

Faculty Scholarship

No abstract provided.

Negative Attitudes Of Law Students: A Replication Of The Alienation And Dissatisfaction Factors, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Curbing The Dog Of War:The War Powers Resolution, Donald E. King, Arthur Leavens

Faculty Scholarship

This Article develops a theory of the constitutional allocation of the war power and applies it to the provisions of the War Powers Resolution. It examines the constitutional text and analysis of the respective powers of the President and Congres and suggests the division of all United States military activity into three categories: "peacetime deployments,"war threatening actions," and "acts of war." The Authors argue that military actions in the first category are controlled exclusively by the President, in the second controlled both by the President and by Congress through political interaction, and in the third are implemented by the President …

The 1976 Amendments To The Act Governing Collective Bargaining Between Teacher Organizations And Boards Of Education In Connecticut: An Appraisal, Peter Adomeit

Faculty Scholarship

In 1976, the Connecticut General Assembly amended the Teacher Negotiation Act in several significant ways. This Article reviews these amendments.

Hines V. Anchor Motor Freight: Another Step In The Seemingly Inexorable March Toward Converting Federal Judges (And Juries) Into Labor Arbitrators Of Last Resort, Peter Adomeit

Faculty Scholarship

This Article, directed to the courts, and especially to the federal bench, carries this message: you are in danger of converting the federal judiciary into a panel of labor arbitrators. The advance sheets of the federal courts are beginning to read like Labor Arbitration Reports. The kinds of disputes that in the past were resolved by private arbitration are beginning to appear at an increasing rate on the dockets of the federal courts: Did the company have just cause when it discharged the grievants for allegedly falsifying their expense accounts? Did the company violate the agreement with the union when …

The New Article 310 Of The French Civil Code For International Divorce Actions, Thomas E. Carbonneau

Faculty Scholarship

The variety and complexity of the legal issues that can confront a French court in an international divorce action may best be illustrated by a description of the basic factual pattern of, and the initial arguments advanced in, some of the more typical cases:

1. French National Spouse v. Foreign National Spouse
2. The Validity of a Prior Foreign Divorce Decree
3. Foreign National Spouses With Immigrant Status in France
4. Spouses of Foreign Nationality with Domiciliary Status in France

Although disparate, the facts of these four hypothetical cases point to and are unified by two salient legal issues: one jurisdictional in nature and …

The 1976 Terrorism Amendment To The Foreign Assistance Act Of 1961, Thomas E. Carbonneau, Richard Lillich

Faculty Scholarship

Key to any successful attempt to combat international terrorism is the elimination of sanctuary and safe-haven for terrorists. The United States has pressed consistently for international agreements – the anti-hijacking conventions and the Internationally Protected Persons Convention being examples – requiring States either to prosecute or extradite international terrorists found within their borders. Because its efforts to establish a "basic extradite-or-prosecute obligation" have not met with general success, the U.S. has had to consider, among other alternatives, various unilateral responses to help curb terrorist activities. One obvious response, drawing upon a wealth of domestic precedents, involves the possible invocation of …

The Provisional Arrest And Subsequent Release Of Abu Daoud By French Authorities, Thomas E. Carbonneau

Faculty Scholarship

On January 7, 1977, Abu Daoud entered France as a member of an official delegation sent to Paris by the Palestinian Liberation Organization (PLO). A day or so later, French police detained an then arrested him at the request of the West German and Israeli Governments. Offficials of both governments announced forthcoming requests for his extradition as a suspected organizer of the 1972 Munich Olympics massacre. This chain of events set the stage for the most recent case illustrating the political and legal obstacles which mitigate against the extradition and eventual prosecution and punishment of alleged transnational terrorists.

Cracks In “The New Property”: Adjudicative Due Process In The Administrative State, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

The Alienation Of Law Students, Paul D. Carrington, James J. Conley

Faculty Scholarship

No abstract provided.

The Moral Legitimacy Of The Minimal State, George C. Christie

Faculty Scholarship

No abstract provided.

‘Ernst & Ernst V. Hochfelder’: A Critique And An Evaluation Of Its Impact Upon The Scheme Of The Federal Securities Laws, James D. Cox

Faculty Scholarship

Ernst & Ernst v. Hochfelder presented to the Supreme Court the most perplexing issue yet to arise from the implied right of action under section 10(b) of the Securities Exchange Act of 1934 and Rule l0b-5: whether the standard of culpability imposed by those provisions includes a duty to exercise reasonable care.

The Conflicts Problem Between The Longshoremen’S Act And State Workmen’S Compensation Acts Under The 1972 Amendments, Arthur Larson

Faculty Scholarship

No abstract provided.

Conflict Of Laws In Damage Suits Related To Workmen’S Compensation Cases, Arthur Larson

Faculty Scholarship

No abstract provided.

Psro Data And Information: Disclosure To State Health Regulatory Agencies, Frances H. Miller

Faculty Scholarship

No abstract provided.

Allocation Of Artificial Hearts In The Year 2002: Minerva V. National Health Agency, George J. Annas

Faculty Scholarship

The rapid growth of medical technology gives rise to difficult dilemmas concerning the appropriateness of, and access to, new equipment and devices capable of maintaining life or improving its quality. Such a dilemma already exists, for example, with regard to kidney dialysis machines. In 1972, Congress amended the Social Security Act to make such machines available under Medicare to all who needed them. But almost immediately the overwhelming cost of such equipment-in the billions of dollars-made the original appropriations totally inadequate, and prompted serious questions of whether access to kidney dialysis should be made available at public expense-and, if so, …

Control Of Population Densities Surrounding Nuclear Power Plants, A. V. Nero, C. H. Schroeder, W. W.S. Yen

Faculty Scholarship

In view of the requirement that the California Energy Resources Conservation and Development Commission must specify land-use/population density control measures to be used in the vicinity of nuclear power plants being granted land use, the possible forms of such measures are examined. Since these measures must maintain population densities below Nuclear Regulatory Commission criteria, if appropriate, NRC criteria for land use and population densities are given particular attention. In addition, a preliminary comparison of the cost of possible control measures with the reduced potential for damage to the public health and safety is made, yielding the result that control measures …

Property And Tort In Nuclear Law Today, Kazimierz Grzybowski, William Dobishinski

Faculty Scholarship

No abstract provided.

Health Care Cost-Containment Regulation: Prospects And An Alternative, Clark C. Havighurst

Faculty Scholarship

Regulation of the health care system to achieve appropriate containment of overall costs is characterized by Professor Havighurst as requiring public officials to engage, directly or indirectly, in the rationing of medical services. This rationing function is seen by the author as peculiarly difficult for political institutions to perform, given the public's expectations and the symbolic importance of health care. An effort on the part of regulators to shift the rationing burden to providers is detected, as is a trend toward increasingly arbitrary regulation, designed to minimize regulators' confrontations with sensitive issues. Irrationality and ignorance are found to plague regulatory …

Defamatory Opinions And The Restatement (Second) Of Torts, George C. Christie

Faculty Scholarship

No abstract provided.

The Hazards To The Press Of Claiming A “Preferred Position”, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

New Developments In The Taxation Of Real Estate Partnerships, Michael Madison

Faculty Scholarship

No abstract provided.

From Defect To Cause To Comparative Fault -- Rethinking Some Product Liability Concepts, Aaron Twerski

Faculty Scholarship

No abstract provided.