Law Commons^™

Springfield Business Retention And Visitation Program, Umass Amherst Center Economic Development

Center for Economic Development Technical Reports

The purpose of this report was to create a data-base through which Springfield could identify the needs and concerns of local businesses in an effort to enhance the business climate. This system would be used by the greater Springfield Chamber of Commerce to assemble and analyze specific types of business-related information, develop company profiles, develop an early warning program, and in general generate a greater understanding of how the Springfield, Massachusetts, area is perceived as a place to do business.

New Developments In The Illinois Law Of Contribution Among Joint Tortfeasors, 23 Loy. U. Chi. L.J. 407 (1992), Kenneth Kandaras

UIC Law Open Access Faculty Scholarship

No abstract provided.

State And Federal Constitutional Law Developments Affecting Indiana Law, Rosalie Levinson

Law Faculty Publications

No abstract provided.

Revocation And Revival: An Analysis Of The 1990 Revision Of The Uniform Probate Code And Suggestions For The Future, Robert Whitman

Faculty Articles and Papers

No abstract provided.

Rights In The Modern Era: Applying The Bill Of Rights To The States, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Dangers Of Government Gridlock And The Need For A Constitutional Convention, Barry Keene

California Agencies

No abstract provided.

Standards Of Review In Illinois Criminal Cases: The Need For Major Reform, 17 S. Ill. U. L.J. 51 (1992), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.

Survey Of Illinois Law: Real Estate Finance, 16 S. Ill. U. L.J. 999 (1992), Celeste M. Hammond

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Remedial Problems Of Stallone V. United States And Jenkins V. Missouri, Candace Kovacic-Fleischer

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: The remedies section of the Association of American Law Schools decided to hold a panel discussion at its annual meeting in January 1991 on two 1990 Supreme Court cases, Spallone v. United States' and Missouri v. Jenkins, because these cases raise some troubling questions about the implementation of constitutional remedies. Not surprisingly, the State and Local Government Section was also planning a panel discussion about the same cases because they involve federal courts in local governmental decisions. Thus, the two Sections combined their programs into a double, joint session, the proceedings of which are printed here. This article introduces …

Who Shall Rule And Govern? Local Legislative Delegations, Racial Politics, And The Voting Rights Act, Binny Miller

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Revised Uniform Partnership Act: Some Comments On The Latest Draft Of Rupa, J. Dennis Hynes

Publications

No abstract provided.

Colorado Rules Of Professional Conduct: Implications For Criminal Lawyers, H. Patrick Furman, Daniel A. Vigil

Publications

No abstract provided.

The Definition And Determination Of Insanity In Colorado, H. Patrick Furman

Publications

No abstract provided.

Possession: A Brief For Louisiana's Rights Of Succession To The Legacy Of Roman Law, David V. Snyder

Articles by Maurer Faculty

No abstract provided.

Extraterritoriality Of Restrictive State Abortion Laws: States Can Abort Plans To Abort At Home But Not Abroad, Andrew King-Ries

Faculty Law Review Articles

The question of a state's authority to legislate abortion extraterritorially may appear largely academic because of the United States Supreme Court's holding in Roe v. Wade, in which the Court prohibited states from restricting abortions in the first trimester of pregnancy.' At first glance, the Supreme Court's recent decision in Planned Parenthood v. Casey' appears to remove further the issue of extraterritorial abortion legislation from the states because the decision purportedly reaffirmed Roe.3 The Casey decision, however, does not preclude returning the abortion issue to the states. An extremely tenuous coalition of justices reaffirmed Roe, while a united group of …

1992 Criminal Law Legislative Update, H. Patrick Furman

Publications

No abstract provided.

State Ethical Codes And Federal Practice: Emerging Conflicts And Suggestions For Reform, Stephen B. Burbank

All Faculty Scholarship

The standards for resolving putative conflicts between federal laws are not always clear, and neither for that matter is the standard for determining what constitutes a federal law capable of superseding effect. The technique of setting federal norms of professional conduct on a decentralized basis by borrowing or incorporating state norms is increasingly troublesome to the extent that the borrowed state norms are disuniform and that they are being put to multiple remedial purposes. Federal legislation preempting state law of professional conduct is conceivable but hardly likely, particularly as the norms are pressed into duty for purposes other than professional …

Do We Really Want Ethical Government, John D. Feerick

Faculty Scholarship

The question I would like to address in this article arises out of my recent work with the New York State Commission on Government Integrity. As you may recall, the Commission was appointed by Governor Cuomo in 1987 following a series of corruption scandals in our State involving officials at all levels of government. It was a nonpartisan group comprised of a former Secretary of State, a former judge of the State's highest court, a prominent civil libertarian, a former federal prosecutor, and other prominent citizens of this State.' The Commission had a very broad mandate. It was directed to …

Inaugural Address Inaugural Address, John D. Feerick

Faculty Scholarship

I am honored and humbled to accept the designation of the Nominating Committee and membership to become president of this venerable Association. I feel especially privileged to be the first member of the academic community to be chosen since Robert McKay, who was for me a role model and special friend. In accepting this designation, I become heir to a tradition of remarkable service by the presidents of this Association for more than 120 years. Their names are synonymous with the best of the American legal profession in so many ways, and especially if judged by a standard of commitment …

Beyond The Second Amendment: An Individual Right To Arms Viewed Through The Ninth Amendment , Nicholas J. Johnson

Faculty Scholarship

Traditionally, the debate over the individual right to possess firearms has focused on the origins and meaning of the Second Amendment. Some constitutional scholars have dismissed the idea that the Second Amendment protects an individual right to arms. They argue that it only prevents the federal government from disarming states. Other scholars, focusing on the language of the amendment and its historical context, conclude that it does indeed establish an individual right to firearms. This article examines whether, even absent the Second Amendment, the Constitution restrains government from taking away what may be individuals' best tools of self-defense. The foothold …

Collective Security And The United Nations Charter: Problems And Prospects Of Judicial Execution And Peace Enforcement Under International Law (The U.N. And The Gulf War), Frederic W. Hotz

Honors Theses, 1963-2015

On August 2, 1990, Iraq invaded Kuwait. As a statement of fact, Iraq's aggression and annexation of Kuwait was an infringement of the principle obligation of member states under the U.N. Charter. The purpose of this document is to clarify and focus U.S. foreign policy in regard to the case held against Iraq, describing the limitations under the U.N. Charter. It is the goal of this thesis to demonstrate that the resolution of the Gulf crisis was in violation to the U.N. Charter, and that the legitimate and just means as prescribed under international law was not observed. Finally, I …

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 …

Legislative Veto Of Administrative Rules In Missouri: A Constitutional Virus, Kenneth D. Dean

Faculty Publications

The purpose of this Article is to examine the constitutionality of the legislative veto as it exists in Missouri, specifically the powers of the JCAR. Part II of the Article traces the history of the JCAR and the various types of powers given to it. Part III of the Article examines the experiences of the United States government and other states to determine their applicability to Missouri. Part IV examines the various grants of power to determine whether they comply with the Missouri constitution.

State Regulation Of Commerce (Update), Donald H. Regan

Book Chapters

In the period covered by this supplementary article, the Supreme Court has decided a case or two a year on state regulation of commerce. Considered individually, none of the cases through mid-1989 seems destined to become a landmark in DORMANT COMMERCE CLAUSE doctrin. Collectively, however, the cases may indicate a decreasing emphasis on "balencing" and an increasing focus on preventing states from intentionally discriminating against out-of-state interests.

Developments In The Law Of Evidence, Sophia Goodman, Henry C. Karlson, Kathleen M. Mulligan

Articles by Maurer Faculty

The purpose of this Article is to alert Indiana practitioners to significant 1991 developments in the law of evidence. The Article first discusses Indiana developments. It then briefly highlights Seventh Circuit and United States Supreme Court decisions of note.

Tales Of Two Cities: Aids And The Legal Recognition Of Domestic Partnerships In San Francisco And New York, David L. Chambers

Articles

Here are two stories. They are of the quite different ways that domestic partnerships of lesbian and gay couples have come to be recognized, for some purposes, in San Francisco and New York City. I tell the stories for their own sake, but with a particular focus on the role that AIDS played in the political process in each city.

The Model Employment Termination Act: Fairness For Employees And Employers Alike, Theodore J. St. Antoine

Articles

The Model Employment Termination Act (META), which state legislatures are expected to consider in the near future aims to prevent the unfair firing of Amer~ ican workers. At the same time, the Act aims to prevent devastating financial blows to American business. For both employees and employers, META offers streamlined dispute resolution procedures that would be simpler, less costly, and less time-consuming than the civil courts. The essence of the proposal is compromise-not as a matter of political expediency but as a practical, balanced accommodation of the competing worthwhile interests of employers and employees. Workers are entitled to be free …

Marital Property Rights In Transition, Lawrence W. Waggoner

Articles

The subject of "marital property rights" is very timely because those rights are in a state of transition. The term "marital property rights" covers a vast multitude of rights or interests conferred by law on persons who occupy the status of spouse. This lecture is divided into four discrete, yet related segments. The first segment addresses how the law allocates original ownership between spouses in a marriage. The second segment turns to the intestate share of the surviving spouse. This is not a topic that high-powered estate planners get involved in very much because intestate estates are usually fairly small. …

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.

Voting Rights, Home Rule, And Metropolitan Governance: The Secession Of Staten Island As A Case Study In The Dilemmas Of Local Self-Determination, Richard Briffault

Faculty Scholarship

On January 1, 1898, amid fanfare and celebration, the city of Greater New York – "the greatest experiment in municipal government the world has ever known" – was born. The consolidation of the cities, counties, and towns on the New York State side of New York Harbor into one great metropolis was a capstone to one century of rapid economic and population growth and a fitting harbinger of a new century of urban greatness for the region and, indeed, the nation. Now, with another century mark approaching, there is a distinct possibility that the City of New York, already beset …