Law Commons^™

Legal Rhetoric And Revolutionary Change, Richard Kay

Richard Kay

If we define revolutionary change as the alteration of fundamental political arrangements in ways inconsistent with accepted understandings of law, we would not expect to find the invocation of law in justification of that change. In fact, however, such justification is not uncommon. This paper examines three cases exposing differing attitudes to legal justification of revolution-- the English Revolution of 1688-89, the secession of the Southern states at the beginning of the American Civil War and the Bolshevik revolution of 1917. In each case the paper describes the revolutionaries' use of legal language. It then shows how the use or …

The American Patients' Rights Movement And Bloodless Surgery, Charles Baron

Charles H. Baron

No abstract provided.

Droit Constitutionnel Et Bioéthique: L'Expérience Américaine, Charles Baron

Charles H. Baron

No abstract provided.

Protection Of Property Rights In The Republic Of Croatia - The Law On Temporary Taking Over And Administration Of Specified Property, Ida Elisabeth Koch

Ida Elisabeth Koch

No abstract provided.

The Character Evidence Defense: Acquittal Based On Good Character, Thomas J. Reed

Thomas J Reed

No abstract provided.

Some Thoughts About Social Perception And Employment Discrimination Law: A Modest Proposal For Reopening The Judicial Dialogue, Stephen Subrin

Stephen N. Subrin

Part I examines how and why people engage in stereotyping and prejudiced thinking. It also summarizes the available data on the continued existence of racial discrimination in employment. Part II explains why the due process clause, the right to trial by jury, and elemental notions of fairness obligate judges and juries to listen to known facts about racism and discrimination and how this can be accomplished through jury instructions, judicial notice and expert testimony. Part III demonstrates that neither the language of the most controversial Supreme Court opinions nor the theories of the icons of contemporary conservative thought foreclose our …

The Failure Of The Freedom-Based And Utlilitarian Arguments For Assisted Suicide, Scott T. Fitzgibbon

Scott T. FitzGibbon

In recent years, numerous initiatives have been launched to promote physician-assisted suicide. Numerous statutes have been proposed, and one (in Oregon) has been enacted. The United States Court of Appeals for the Ninth Circuit and the United States Court of Appeals for the Second Circuit were recently persuaded to recognize constitutionally protected rights to assisted suicide, although their decisions have been reversed by the Supreme Court. An international organization called the World Federation of Right-to-Die Societies furthers such efforts in other countries. The two most common justifications for such initiatives are that assisted suicide enhances freedom or liberty, and that …

An Oklahoma Slant To Environmental Protection And The Politics Of Property Rights, Drew L. Kershen

Drew L. Kershen

No abstract provided.

Saving Failed States: Sometimes A Neocolonialist Notion, Ruth Gordon

Ruth Gordon

No abstract provided.

Retirement Incentives In The Twenty First Century: The Move Toward Employer Control Of The Adea, Judith A. Mcmorrow

Judith A. McMorrow

No abstract provided.

The Case Of Mrs. Jones Revisited: Paternalism And Autonomy In Lawyer-Client Counseling, Mark Spiegel

Mark Spiegel

No abstract provided.

Science As Mythology In Constitutional Law, Dean M. Hashimoto

Dean M. Hashimoto

No abstract provided.

Levers Of Law Reform: Public Goods And Russian Banking

Patricia A. McCoy

No abstract provided.

The Crisis Of Poverty Law And The Demands Of Benevolence, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.

The X Files: Joint Trials, Redacted Confessions And Thirty Years Of Sidestepping Bruton, Judith L. Ritter

Judith L Ritter

No abstract provided.

Who Is My Neighbor?: An Essay On Immigrants, Welfare Reform, And The Constitution, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

The Agile Virtual Corporation, Ann E. Conaway

Ann E. Conaway

No abstract provided.

Fame, Roberta R. Kwall

Roberta R Kwall

The Preemption Pentad: Federal Preemption Of Products Liability Claims After Medtronic [V. Lohr], Robert B. Leflar, Robert S. Adler

Robert B Leflar

Taking the language of the federal consumer protection statutes out of historical context and inattentive to those laws' original purposes, judges dissatisfied with the expansion of state products liability law have in recent years read preemption provisions of these federal statutes to bar a wide range of claims that would otherwise be viable under state law. In Medtronic v. Lohr, the Supreme Court (per Justice Stevens) severely constrained the scope of the federal preemption defense in the context of the federal medical device law. But the implications of the Medtronic decision for cases involving products in other regulatory categories remain …

Continuing Obstacles To Freedom Of Choice For Management Structure In Llcs, Carol Goforth

Carol Goforth

This Article suggests that, while the "check the box" regulations will eliminate the need to comply with the complex corporate resemblance test in order to achieve partnership tax status for LLCs, a number of regulatory considerations will continue to be important in choosing the optimal management structure for this form of business. This Article focuses on securities laws, rules relating to available accounting options, and self-employment tax regulations as three examples of rules that will influence the way the management structure of LLCs should be set up in order to minimize potential regulatory costs. In addition, it is possible that …

From Versailles To Rwanda In Seventy-Five Years: The Need To Establish A Permanent International Criminal Court., M. Bassiouni

M. Cherif Bassiouni

No abstract provided.

The Contemporary Property Course: A Study Of Syllabi, Roberta R. Kwall, Jerome M. Organ

Roberta R Kwall

How Will Consumers Be Protected On The Information Superhighway?, Dee Pridgen

Dee Pridgen

This is an essay on consumer protection issues as they appeared in the early days of the Internet.

Personal Injury Income Tax Exclusion: An Analysis And Update, Frank J. Doti

Frank J. Doti

In the Small Business Job Protection Act of 1996 Congress decided to limit the exclusion for personal injury awards in Internal Revenue Code section 104(a)(2) to any compensatory damages received on account of personal physical injuries or physical sickness. Previously the law did not contain the word "physical." Thus, Congress intended to eliminate the benefits of the exclusion for non-physical torts such as employment discrimination and defamation. Unfortunately, neither the law nor legislative history provides sufficient explanation of the meaning of "physical." The author discusses the nature of the ambiguities and suggests that the whole purpose of the exclusion is …

Corporate Puzzles: Being A True And Complete Explanation Of De Facto Corporations And Corporations By Estoppel, Their Historical Development, Attempted Abolition, And Eventual Rehabilitation, Norwood Beveridge

Norwood Beveridge

No abstract provided.

“And The Truth Shall Make You Free”, Truth As A First Amendment Defense In Tortious Interference With Contract Cases, Robert Tucker

Robert Tucker

No abstract provided.

Judicial Fictions: Images Of Supreme Court Justices In The Novel, Drama, And Film, Laura K. Ray

Laura K. Ray

No abstract provided.

You Can't Get There From Here: The Impact Of California's Proposition 209 On Same-Sex Marriage, Ron Buckmire

Ron Buckmire

No abstract provided.

From Premodern To Modern American Jurisprudence: The Onset Of Positivism, Stephen M. Feldman

Stephen M. Feldman

This article explains the crucial differences between premodernism and modernism. A distinctive feature of premodernism was an abiding faith in nature or God as a stable and foundational source of meaning and value. When premodernism gave way to modernism, the commitment to foundationalism remained intact. Modernists believed that knowledge must be firmly grounded on an objective foundation. A crucial distinction between modernism and premodernism, however, lay in their respective ideas of foundations. Whereas premodernists readily accepted God and nature as foundational sources for value and knowledge, modernists rejected religious, natural, and other traditional footings and searched for some alternative foundation. …

Civil Rights During The 1990'S: New Treaty Law Could Help Immensely, Connie De La Vega

Connie de la Vega

This article argues that ratification by the United States of two major international human rights treaties (the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Elimination of all Forms of Racial Discrimination (CERD)) should have an impact on civil rights issues in this country. It contends that although many of the rights enumerated in the treaties are similar to those provided for in state and federal constitutions and statutes, there are many areas where the treaty clauses are more protective of individuals' rights. It also asserts that even though the United States ratified both treaties …