Law Commons^™

The Supreme Court's Land Use Decisions (Symposium - The Supreme Court And Local Government Law, 1993-94 Term), Leon D. Lazer

Scholarly Works

No abstract provided.

Predisposed With Integrity: The Elusive Quest For Justice In Tripartite Arbitrations, Deseriee A. Kennedy

Scholarly Works

No abstract provided.

The European Bank For Reconstruction And Development And The Post-Cold War Era, John Linarelli

Scholarly Works

No abstract provided.

Section 1983 Litigation, Martin A. Schwartz

Scholarly Works

No abstract provided.

The Commerce Clause Quartet, Martin A. Schwartz, Leon D. Lazer

Scholarly Works

No abstract provided.

A Jewish-Sponsored Law School: Its Purposes And Challenges, Howard A. Glickstein

Scholarly Works

No abstract provided.

“Sue Me, Sue Me, What Can You Do To Me? I Love You” A Disquisition On Law, Sex, And Talk, Dan Subotnik

Scholarly Works

No abstract provided.

The Progeny Of Lee V. Weisman: Can Student-Invited Prayer At Public School Graduation Still Be Constitutional?, Thomas A. Schweitzer

Scholarly Works

No abstract provided.

Eliminating Proximate Cause As An Element Of The Prima Facie Case From Strict Products Liability, Peter Zablotsky

Scholarly Works

No abstract provided.

Employment Discrimination: Recent Developments In The Supreme Court (The Supreme Court And Local Government Law: The 1994-1995 Term), Eileen Kaufman

Scholarly Works

No abstract provided.

When Is Cumulative Voting Preferable To Single-Member Districting?, Michael Lewyn

Scholarly Works

No abstract provided.

Starting With The Students: Lessons From Popular Education, Fran Ansley

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No abstract provided.

The Treachery Of Perception: Evidence And Experience In Clarissa, Judy Cornett

Scholarly Works

No abstract provided.

West Lynn Creamery And The Constitutionality Of State Tax Incentives, Walter Hellerstein

Scholarly Works

One of the more perplexing questions that has surfaced from time to time in the state tax field is how a constitutionally benign tax incentive program designed to attract industry to a state is to be distinguished from an unconstitutionally discriminatory taxing scheme that “forecloses tax-neutral decisions” and “provides a direct commercial advantage to local business.” On one hand, the U.S. Supreme Court has expressed the view that its decisions do “not prevent the States from structuring their tax systems to encourage the growth and development of intrastate commerce and industry.” On the other hand, the Court has frequently invalidated …

Brief Amicus Curiae Of Eleven Copyright Law Professors In Princeton University Press V. Michigan Document Services, Inc., L. Ray Patterson

Scholarly Works

The issue dealt with in this amici curiae brief is the judicial ability (or inability) to take away rights granted by Congress in 17 U.S.C. S 107, the fair use doctrine.

On June 9, 1994, the United States District Court for the Eastern District of Michigan, Southern Division, issued an opinion in Princeton University Press v. Michigan Document Services, Inc., granting several publishers a permanent injunction prohibiting a commercial copying service from photocopying excerpts from copyrighted works chosen by professors and compiled as course packets to be used by university students in class. The court held that such photocopying was …

Implementation And Impact Of The Patient Self-Determination Act, Denise C. Park, Thomas A. Eaton, Edward J. Larson, Helen T. Palmer

Scholarly Works

The Patient Self-Determination Act became effective in December 1991 and mandates that patients be given information about legal rights regarding living wills and durable powers of attorney for health care. We investigated the impact this law has had on hospitals, medical personnel, and patients. We conducted a survey of all hospitals in the state of Georgia, collecting data regarding implementation and knowledge of the law, as well as effects of the law and beliefs about it. The data indicated that hospitals relied primarily on the Georgia Hospital Association for implementation policy, that "minimalist" implementation of the law occurs in most …

Courage In The Holocaust, Lawrence Raful

Scholarly Works

No abstract provided.

Drennon V. General Electric Company, Penny White

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No abstract provided.

Doing Environmental Justice In Appalachia: Lawyers At The Grassroots And The Aspiration Of Social Change, Dean Rivkin

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No abstract provided.

Freedom Of Contract: The Trojan Horse Of Rule 10b-5, Margaret V. Sachs

Scholarly Works

Before the late 1980s, traditional contract law played virtually no role in private litigation under section 10(b) of the Securities Exchange Act of 1934 and rule 10b-5. The reason was perceived incompatibility. The 1934 Act is regulation intended to supersede “the philosophy of caveat emptor,” whereas traditional contract law promotes bargaining free of regulation. In the late 1980s, however, the tide turned. Since that time, private rule 10b-5 litigation has become riddled with the vocabulary of traditional contract jurisprudence – the statute of frauds, merger clauses, attorneys' fees clauses, choice of law clauses, releases, and the formation of an agreement. …

10 Things They Never Taught You In Law School, Penny White

Scholarly Works

No abstract provided.

Payment Demands For Spurious Copyrights: Four Causes Of Action, Paul J. Heald

Scholarly Works

“COPYING IS ILLEGAL” declares the final page of the chorus from the Bach cantata lying to the right of my computer. The slogan is ingeniously printed in gray across the entire page so that it will show up clearly if any photocopies are made. The first page of the text contains the copyright symbol and the name and address of the “sole selling agent” of the putative copyright owner. Apparently, the copyright claimant would prefer to sell additional copies of the music rather than receive royalties for copying done by users. “ALL COPYING IS ILLEGAL” states the edition of Shakespeare's …

Forward: Understanding The Place Of Limited Liability Companies In The Spectrum Of Business Forms, Charles R.T. O'Kelley

Scholarly Works

This Symposium presents an array of articles addressing the Oregon Limited Liability Company Act. The articles are designed to give both practitioners and policymakers insight into both Oregon's version of the LLC and its cousins in other jurisdictions.

A Survey Of Tennessee Supreme Court Death Penalty Cases In The 1990s, Penny White

Scholarly Works

No abstract provided.

Sacred Cows And Workhorses: The Sale Of Accounts And Chattel Paper Under The U.C.C. And The Effects Of Violating A Fundamental Drafting Principle, Thomas E. Plank

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No abstract provided.

The Right To Keep And Bear Arms Under The Tennessee Constitution: A Case Study In Civic Republican Thought, Glenn Harlan Reynolds

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State constitutional rights to arms are of considerable interest, both for their own sake and as sources of insight into the meaning of the Federal Constitution's right to keep and bear arms. This article examines the origins and scope of the right to arms provided in the Tennessee Constitution, including Tennessee cases that, interestingly, were cited as authority by the United States Supreme Court in the 1939 case of United States v. Miller, one of the Supreme Court's few cases to address Second Amendment issues in any depth.

High Speed Ground Transportation Systems: A Future Component Of America's Intermodal Network?, Brian Krumm

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This article provides an overview of what appears to be a major change in national transportation policy of the United States. It focuses on the legislative efforts to integrate high speed ground transportation' (HSGT) systems into the intermodal mix of methods of moving people throughout the country. In order to put this developing policy within its proper perspective; the status of high speed ground transportation in the United States will be compared to developments in Europe and Japan. This will be followed by a discussion of the policy objectives of the Intermodal Transportation Efficiency Act of 19912 (ISTEA), legislation which …

Legislative Comment: The Omnibus Space Commercialization Act Of 1993, Glenn Harlan Reynolds

Scholarly Works

No abstract provided.

The Dismantling Of Mcdonnell Douglas V. Green: The High Court Muddies The Evidentiary Waters In Circumstantial Discrimination Cases, Melissa A. Essary

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No abstract provided.

The Limitations Of Legislation, David Orentlicher

Scholarly Works

No abstract provided.