Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 58

Full-Text Articles in Law

Avocats Et Divorce Aux Etats-Unis: La Transformation Des Pratiques Professionnelles, Lynn M. Mather, Craig A. Mcewen, Richard J. Maiman Dec 1996

Avocats Et Divorce Aux Etats-Unis: La Transformation Des Pratiques Professionnelles, Lynn M. Mather, Craig A. Mcewen, Richard J. Maiman

Journal Articles

Les transformations sociales et les évolutions juridiques qui sont intervenues aux États-Unis depuis les années 60 ont eu de multiples effets sur le travail des avocats en matière de divorce. Le présent article analyse ces transformations en s'appuyant sur des entretiens avec des avocats et sur l'analyse de l'activité des tribunaux dans les États du Maine et du New Hampshire. Il souligne notamment l'importance que revêt l'accroissement du nombre des divorces parmi les couples ayant des ressources moyennes ou faibles. Il décrit aussi la féminisation rapide du barreau, une tendance qui se trouve particulièrement accentuée en ce qui concerne les …


Irs Overhauls Spin-Off Ruling Guidelines, Stuart M. Finkelstein, Stuart G. Lazar Jun 1996

Irs Overhauls Spin-Off Ruling Guidelines, Stuart M. Finkelstein, Stuart G. Lazar

Journal Articles

No abstract provided.


Long Term Care Coverage: The Role Of Advocacy, Anthony H. Szczygiel Jun 1996

Long Term Care Coverage: The Role Of Advocacy, Anthony H. Szczygiel

Journal Articles

No abstract provided.


Sex-Blind, Separate But Equal, Or Anti-Subordination? The Uneasy Legacy Of Plessy V. Ferguson For Sex And Gender Discrimination, Lucinda M. Finley Jun 1996

Sex-Blind, Separate But Equal, Or Anti-Subordination? The Uneasy Legacy Of Plessy V. Ferguson For Sex And Gender Discrimination, Lucinda M. Finley

Journal Articles

No abstract provided.


The Slavery Of Emancipation, Guyora Binder May 1996

The Slavery Of Emancipation, Guyora Binder

Journal Articles

The Thirteenth Amendment abolishes the institution of slavery rather than freeing individual slaves. Yet it quickly came to stand for little more than granting universal rights to make labor contracts and to leave service. This article develops a distinction between abolishing an institution and reclassifying individuals within it. Drawing on the comparative history of slavery, it shows that the institution of slavery has generally included mechanisms for the manumission of slaves and their passage into a liminal status combining self-ownership with social subordination and relative isolation. A critical account of the Antelope litigation shows that proponents of mass manumission still …


When The Surgeon Has Hiv: What To Tell Patients About The Risk Of Exposure And The Risk Of Transmission, Phillip L. Mcintosh Jan 1996

When The Surgeon Has Hiv: What To Tell Patients About The Risk Of Exposure And The Risk Of Transmission, Phillip L. Mcintosh

Journal Articles

This Article explores the legal aspects of the dilemma facing an HIV-infected surgeon with respect to whether the doctrine of informed consent requires, or can require, disclosure of the surgeon's HIV-infection under some circumstances. This Article then examines the nature of the risks associated with HIV as they affect patients during surgery. Next, this Article evaluates whether the risks are sufficiently material to require disclosure (or at least to present a jury question), and, in any event, whether state law can require such disclosure under the Americans with Disabilities Act of 1990 (ADA). In particular this Article examines the doctrine …


Anita Hill Meets Godzilla: Confessions Of A Horror Movie Fan, Wendy B. Scott Jan 1996

Anita Hill Meets Godzilla: Confessions Of A Horror Movie Fan, Wendy B. Scott

Journal Articles

The cases and events discussed in this Essay involve African- American women who have confronted oppression in the civil and criminal courts, and other arenas, in both celebrated and unsung victories: victories not only for Black women, but for women and men of all hues who seek social justice. I will use these cases and events to illustrate the relationship between stereotypes and myths, born during the antebellum and Jim Crow era, and contemporary manifestations of sexual harassment and other forms of sex-based exploitation. I will go on to discuss the means used by women, in the workplace of chattel …


Tort Reform In Mississippi: An Appraisal Of The New Law Of Products Liability, Part I, Phillip L. Mcintosh Jan 1996

Tort Reform In Mississippi: An Appraisal Of The New Law Of Products Liability, Part I, Phillip L. Mcintosh

Journal Articles

In 1993, as a result of tort reform efforts, the Mississippi legislature enacted legislation that made dramatic changes in the law of products liability as well as in the law of punitive damages. On July 1, 1994, the substantive portions of the new legislation became effective, and the products liability portion of the new legislation replaced the judicially adopted Section 402A of the Restatement (Second) of Torts as the primary basis of products liability law in the state. Those who supported the new Act did so because they saw it as a way to bring stability and predictability to the …


Note, Civil Forfeiture And Innocent Owners, Deborah Challener Jan 1996

Note, Civil Forfeiture And Innocent Owners, Deborah Challener

Journal Articles

Although forfeiture is an ancient practice, its constitutional validity has only recently been seriously questioned. Historically, the Supreme Court has relied on a legal fiction-that the property itself is guilty-to confiscate property without regard to the Constitution. Cloaking itself in the "guilty property fiction," the Court has virtually ignored the property owner's culpability. In Bennis, the Court decided whether an owner's interest in property is subject to forfeiture when the owner entrusts the property to a party who uses it to commit a crime, even if the owner has no knowledge of the illegal use.


A Lawyer's Guide To Modern Valuation Techniques In Mergers And Acquisitions, Samuel C. Thompson Jr. Jan 1996

A Lawyer's Guide To Modern Valuation Techniques In Mergers And Acquisitions, Samuel C. Thompson Jr.

Journal Articles

No abstract provided.


The "Fall" Of Summers, The Rise Of "Pretext Plus," And The Excalating Subordination Of Federal Employment Discrimination Law To Employment At Will: Lessons From Mckennon And Hicks, William Corbett Jan 1996

The "Fall" Of Summers, The Rise Of "Pretext Plus," And The Excalating Subordination Of Federal Employment Discrimination Law To Employment At Will: Lessons From Mckennon And Hicks, William Corbett

Journal Articles

No abstract provided.


A False Start? The Impact Of Federal Policy On The Genotechnology Industry, Michael J. Malinowski, Maureen A. O'Rourke Jan 1996

A False Start? The Impact Of Federal Policy On The Genotechnology Industry, Michael J. Malinowski, Maureen A. O'Rourke

Journal Articles

No abstract provided.


Lawyers For Marianne: The Nature Of Discourse On The Entry Of French Women Into The Legal Profession, 1894-1926, Christine Corcos Jan 1996

Lawyers For Marianne: The Nature Of Discourse On The Entry Of French Women Into The Legal Profession, 1894-1926, Christine Corcos

Journal Articles

No abstract provided.


The Single Publication Rule: One Action Not One Law, Debra R. Cohen Jan 1996

The Single Publication Rule: One Action Not One Law, Debra R. Cohen

Journal Articles

Recovery in one action under one state's law for violation of the right of publicity-the right to control the commercial use of one's identity-arising out of multistate publication2 seems to be the trend of the nineties. When Samsung ran a nationwide print advertisement for VCRs depicting a robot dressed to resemble her, Vanna White sued for violation of her right of publicity.3 Under California law she recovered $403,000. 4 When a SalsaRio Doritos radio commercial imitating Tom Waits's distinctive raspy and gravelly voice aired nationwide, he sued Frito Lay for violation of his right of publicity.5 Under California law he …


Institutional Myths, Historical Narratives And Social Science Evidence: Reading The "Record" In The Virginia Military Institute Case, Dianne Avery Jan 1996

Institutional Myths, Historical Narratives And Social Science Evidence: Reading The "Record" In The Virginia Military Institute Case, Dianne Avery

Journal Articles

No abstract provided.


The "States-As-Laboratories" Metaphor In State Constitutional Law, James A. Gardner Jan 1996

The "States-As-Laboratories" Metaphor In State Constitutional Law, James A. Gardner

Journal Articles

No abstract provided.


The Court And The Changing Constitution: A Discussion, Vincent M. Bonventre, Carl Swidorski, Barry Latzer, James A. Gardner, Peter Galie Jan 1996

The Court And The Changing Constitution: A Discussion, Vincent M. Bonventre, Carl Swidorski, Barry Latzer, James A. Gardner, Peter Galie

Journal Articles

No abstract provided.


The Family Franchise: Elderly Parents And Adult Siblings, Margaret F. Brinig Jan 1996

The Family Franchise: Elderly Parents And Adult Siblings, Margaret F. Brinig

Journal Articles

In this paper, I am going to concentrate on one family transition where we have established substantial legal barriers-that of emancipation. However, I will briefly allude to other "broken families," such as the divorcing family and the family divided by adoption.

As students of the family, we are preoccupied with divorce. We write about families in crisis and use the fabric of their lives worn thin and stretched to the breaking point to develop our ideas about what families are and even what they ought to be. In a way, of course, law teaching and the Socratic method drive us …


Lessons From The Americas: Guidelines For International Response To Amnesties For Atrocities, Douglass Cassel Jan 1996

Lessons From The Americas: Guidelines For International Response To Amnesties For Atrocities, Douglass Cassel

Journal Articles

Amnesty guidelines modeled on international law as defined by Latin American tribunals and treaties should be adopted and used by the United Nations, the Organization of American States, and national governments involved in remedying human rights violations. The 10 guidelines are stringent and would rarely result in the granting of amnesty. They may better serve their function than treaties or customary laws be cause they are guidelines and not mandatory.


Civil Procedure: The Last Ten Years, Jay Tidmarsh Jan 1996

Civil Procedure: The Last Ten Years, Jay Tidmarsh

Journal Articles

In my view, the story of the last ten years in civil procedure is the slow but inexorable creep of ideas and solutions developed for complex cases into routine cases, and the continued effort of litigators and judges in complex cases to develop ideas and solutions that push the procedural envelope still farther out-thus setting the agenda for the next generation of procedural reform.

I do not want to overstate my claim. The procedures for a lawsuit are still basically the same: a short pleading stage followed by a lengthy discovery stage followed by a culminating event of trial. But …


Reflections On Reves V. Ernst & Young: Its Meaning And Impact On Substantive, Accessory, Aiding Abetting And Conspiracy Liability Under Rico, G. Robert Blakey, Kevin P. Roddy Jan 1996

Reflections On Reves V. Ernst & Young: Its Meaning And Impact On Substantive, Accessory, Aiding Abetting And Conspiracy Liability Under Rico, G. Robert Blakey, Kevin P. Roddy

Journal Articles

In March 1993, accountants, attorneys and other professionals—who generally view RICO with suspicion—breathed a sigh of relief when they read the Washington Post: "People who lose money in thrifts and other businesses that go belly up because of wrongdoing can no longer use [RICO] to sue lawyers, accountants, or other advisers who played key roles in the enterprise." Unfortunately, this terse description of the Supreme Court's decision issued the previous day in Reves v. Ernst & Young may persuade professionals that they dropped an anchor in a tranquil safe-harbor, far from an exposure to the perils of the private enforcement …


Cooperating With The Prosecutor: How Many Motions Does It Take To Secure A Sentence That Is Less Than The Mandatory Minimum Provided By Statute?, Jimmy Gurule Jan 1996

Cooperating With The Prosecutor: How Many Motions Does It Take To Secure A Sentence That Is Less Than The Mandatory Minimum Provided By Statute?, Jimmy Gurule

Journal Articles

A preview of Melendez v. United States, a 1996 Supreme Court case in which a convicted cocaine dealer appealed his mandatory 10 year sentence under the federal statutes on the grounds that he had cooperated with the prosecutor. While the United States Congress has authorized courts to impose sentences below the mandatory minimum set by the statutes and the Federal Sentencing Guidelines for defendants who provide substantial cooperation with the prosecution, courts can only do so at the request of the prosecutor. At issue in this case, where the prosecutor requested a sentence lower than the Guidelines minimum but not …


Direct Democracy And Hastily Enacted Statutes, John C. Nagle Jan 1996

Direct Democracy And Hastily Enacted Statutes, John C. Nagle

Journal Articles

Phil Frickey qualifies as the leading explorer of the borderline between statutory interpretation and constitutional law. Frickey explores ways to mediate the borderline between statutory interpretation and constitutional adjudication in the context of direct democracy. His is an enormously helpful attempt to reconcile the constitutional issues discussed by Julian Eule and the statutory interpretation issues discussed by Jane Schacter. I agree with many of Frickey's suggestions. Indeed, I will suggest some additional devices that can perform the same role. But I wonder whether Frickey has proved more than he set out to accomplish. The problems of direct democracy are special, …


Rediscovering Usury: An Argument For Legal Controls On Credit Card Interest Rates, Vincent D. Rougeau Jan 1996

Rediscovering Usury: An Argument For Legal Controls On Credit Card Interest Rates, Vincent D. Rougeau

Journal Articles

This article explores the specific question of setting a legal maximum for credit card interest rates. There has been extensive discussion in the popular press of the explosion of credit card use and the extraordinarily high interest rates people are willing to pay, through various fees and interest charges, to use them. Classic free-market economic arguments have been used to prevent the imposition of a federal cap on credit card interest rates, but there is strong evidence that economic models inadequately explain the credit card market and that a lack of interest rate controls has produced a dramatic transfer of …


Lending Discsrimination: Economic Theory, Econometric Evidence, And The Community Reinvestment Act, Vincent D. Rougeau, Keith N. Hylton Jan 1996

Lending Discsrimination: Economic Theory, Econometric Evidence, And The Community Reinvestment Act, Vincent D. Rougeau, Keith N. Hylton

Journal Articles

Although it has been settled law for almost two decades, there has been a heightened interest in the Community Reinvestment Act (CRA) over the last several years. One factor driving this interest is the continuing economic decline of the inner cities and the consequent widening of the wealth gap between cities and surrounding suburbs in many areas of the country. A second factor is the consolidation of the banking industry, which has encouraged expansion-oriented banks to improve their CRA ratings to gain the approval of regulators. A recent effort to enhance enforcement of the statute, in part the result of …


H. Jefferson Powell On The American Constitutional Tradition: A Conversation, Thomas L. Shaffer, John H. Robinson Jan 1996

H. Jefferson Powell On The American Constitutional Tradition: A Conversation, Thomas L. Shaffer, John H. Robinson

Journal Articles

Jefferson Powell's recent book, The Moral Tradition of American Constitutionalism, was the point of departure for a series of short papers and conversations held in March of 1996 at the Notre Dame Law School.

The conversation began with a presentation by Professor Joseph Vining. His remarks were followed by a free-flowing conversation, loosely orchestrated by Professor Robinson, among the participants. After a break, the conversation was restarted with a presentation by Professor Maura Ryan, followed once again by a loosely orchestrated conversation. We turn first to Joseph Vining.


Edward J. Murphy, Catholic Scholar, Charles E. Rice Jan 1996

Edward J. Murphy, Catholic Scholar, Charles E. Rice

Journal Articles

Permit me to explain, with some background, why Edward J. Murphy was an admirable Catholic man and why I and many others are in his debt for his friendship and example.


Social Justice And Liberation, Robert E. Rodes Jan 1996

Social Justice And Liberation, Robert E. Rodes

Journal Articles

Justice is the virtue we practice by giving people what is due them. Therefore, there is a problem of assignability when we consider an unjust social order: What is due from an individual beneficiary of that order to an individual victim? That question is answered by the concept of social justice: What all of us individually owe to each individual victim of the institutions now in place is our best efforts to reform those institutions. The first half of this paper analyzes the traditional arguments for and the conservative arguments against social justice as the answer to this problem of …


On Lying For Clients, Thomas L. Shaffer Jan 1996

On Lying For Clients, Thomas L. Shaffer

Journal Articles

For all of his occasional resort to deceit and falsehood, Faulkner's county-seat, Southern-gentleman lawyer, Gavin Stevens, was a virtuous person, a good person, and a truthful person. He and other moral worthies in good stories-many of them lawyers-have something to contribute to discussions, in legal ethics, on the issue of lying for clients.


Corrections Day, John Copeland Nagle Jan 1996

Corrections Day, John Copeland Nagle

Journal Articles

In July 1995, the House of Representatives established a Corrections Day procedure for fixing statutory mistakes. This article traces the history of the corrections day idea, beginning with suggestions offered by Justices Cardozo and Ginsburg many years apart. The article also recounts the early applications of Correction Day by the House. This article describes the problem of statutory mistakes: what they are, and who makes them. It explains that statutory mistakes do exist, regardless of how one defines mistake. Congress, agencies, and the courts all make mistakes, though the responsibility for them ultimately resides with Congress, the author of the …