Law Commons^™

Southern Character, Confederate Nationalism, And The Interpretation Of State Constitutions: A Case Study In Constitutional Argument, James A. Gardner

Journal Articles

No abstract provided.

West Virginia Corporate Law: Is It "Broke"?, Debra R. Cohen

Journal Articles

We are all familiar with the cliche "if it ain't broke, don't fix it." The sentiment is as applicable to law as it is to the rest of life. When a law does what it is intended to do, legislators and courts should leave it alone. However, when a law no longer serves its intended purpose, it is "broke," and should be revised. The question is whether West Virginia's corporate law is "broke." In 1974, the West Virginia Legislature adopted the West Virginia Corporation Act (the "Act").' The Act brought then modem standards of corporate law to West Virginia. Since …

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

Journal Articles

No abstract provided.

The More Things Change…: Superficial State Constitutional Analysis At The New York Court Of Appeals, James A. Gardner

Journal Articles

No abstract provided.

The Market For Deadbeats, Margaret F. Brinig, F. H. Buckley

Journal Articles

This article outlines three explanations for why states seek migrants and tests them by references to 1985-90 interstate migration flows. On race-for-the-top theories, states compete for value-increasing migrants by offering them healthy economies and efficient laws. On vote-seeking theories, states compete for clienteles of voters, with some states seeking to attract and some to deter welfare- or tax-loving migrants. On deadbeat theories, states compete for high human capital debtors by offering them a fresh start from out-of-state creditors. Our findings support vote-seeking and deadbeat theories.

What Is A State Constitution?, James A. Gardner

Journal Articles

No abstract provided.

The Failed Discourse Of State Constitutionalism, James A. Gardner

Journal Articles

No abstract provided.

Tort Law: The Languages Of Duty, Jay Tidmarsh

Journal Articles

Summarizing the developments in Indiana tort law is a daunting, perhaps impossible task. In more than 115 reported opinions, state and federal courts wrestled with issues, many of them issues of first impression, which ranged across the spectrum of tort law. A constant thread runs through many of these cases. The thread is duty. Time and again during the past year, Indiana courts were required to decide whether a particular set of facts gave rise to a duty of care by the defendant or an obligation of avoidance by the plaintiff.

Some of the cases involved novel legal duties, while …

Survey Of Recent Developments In Indiana Law: Labor And Employment Law, Barbara J. Fick

Journal Articles

This article examines developments in labor and employment law occuring shortly before its publicaiton in 1992. The article discusses cases revisiting the Frampton rule, addressing employee defamation suits against employers, employment discrimination, issues arising in public sector employment, wage statutes, unemployment compensation, and workers' compensation. It also discusses a state statute prohibiting employment discrimination based on employees' off-duty use of tobacco.

Law And The Experience Of Politics In Late Eighteenth-Century North Carolina: North Carolina Considers The Constitution, Walter F. Pratt

Journal Articles

In 1788, delegates assembled in North Carolina to decide whether to ratify the Constitution. A debate erupted between Federalists and Anti-federalists regarding each Article of the then-drafted Constitution. This Article analyzes the debate, and proposes that the key difference was the function of the role of the law.

May A Federal Court Remand A Case To State Court After Federal Claims Have Been Deleted?, Joseph P. Bauer

Journal Articles

This Article provides a preview of Carnegie-Mellon University v. Honorable Maurice B. Cohill, Jr., argued before the Supreme Court of the United States on November 10, 1987. This case concerns the circumstances under which a lawsuit, properly commenced in a state court and then removed before trial to a federal court, may be sent back (remanded) to the state court.

On one level, this case seems only to involve technical interpretations of federal statutes governing procedure in the federal courts. At another level, however, it involves more general and important issues. Among these are how to allocate judicial power …

Article V And The Proposed Federal Constitutional Convention Procedures Bills, Kenneth F. Ripple

Journal Articles

Article V of the United States Constitution sets forth the respective powers of the states and Congress in the amendment process. At first blush, the amendment process outlined in article V appears uncomplicated and straightforward. Congress can propose amendments and determine whether ratification will be accomplished by state legislatures or state conventions. Three-fourths of the state legislatures or state conventions must ratify a proposed amendment before it becomes part of the Constitution. The history of the amendment process confirms the apparent simplicity of that provision of article V which empowers Congress to propose amendments. To date, all twenty-six amendments have …

Compulsory Conciliation For New York, Willaim Burns Lawless

Journal Articles

It has been proposed that a state commission to study matrimonial statutes be created in New York. While this proposal has merit, New York state should in any event adopt legal procedures requiring compulsory conciliation where parties to a marriage undertake formal proceedings for legal separation or divorce.

Perhaps the most remarkable progress in this direction has been made in California and in Wisconsin, and we believe the experiences of these two states provide a helpful pattern for new procedures in New York. We think that New York law dealing with conciliation in marriage must be amended and strengthened if …

The Emergence Of Law And Justice In Pre-Territorial Wisconsin, Donald P. Kommers

Journal Articles

The article discusses the history of law and courts in Wisconsin from the period of French exploration in the 17th century to the 1820s. It focuses on the emergence of a structure of law and justice based on the common law tradition in Wisconsin, and argues this system played a significant role in disciplining its society. Law and courts, according to the article, fostered civility between frontiersmen, making them accustomed to the principles of fair play and equity and the practice of litigation when their interests were threatened. This development brought order to the area and shaped the future course …

Mr. Justice Jackson: The Struggle For Federal Supremacy, William Burns Lawless

Journal Articles

Robert Houghwout Jackson, in defining the American way of life, reflects a penetrating self-analysis and summarizes his basic approach to judicial review. With this outlook, Attorney General Jackson was appointed to the United States Supreme Court in 1941 to fill the place left vacant by Harlan Fiske Stone upon his ascendancy to the position of Chief Justice. His appointment came at a time of political unrest and international tension. Bar and press were skeptical, indeed cynical, of "The Roosevelt Court." The days were wrapped in talk of defense, rearmament, neutrality, lend-lease. Just as a new relationship had been begrudgingly assumed …

Church, The State, And Mrs. Mccollum, Clarence Emmett Manion

Journal Articles

On March 8, 1948 the Supreme Court of the United States decided in substance that this language prohibits the tax-supported city school systems of the State of Illinois from assisting and encouraging general religious instruction. Just how a constitutional restriction against specified congressional action can possibly impede the activity of a local Illinois school board is an inglorious mystery of modern constitutional construction.

In one way or another however, and for one reason or many, the Court decided eight to one that when the First Amendment says "Congress" it means, among other things, a local school board and when it …

Book Review, Clarence Emmett Manion

Journal Articles

Reviewing: Indiana Law-Future Interests, Wills, Descent, by Bernard C. Gavit.(Bloomington: The Principia Press, Inc. 1934).