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Articles 421 - 450 of 494
Full-Text Articles in Law
A Wolf In Sheep's Clothing: Wolf V. Ashcroft And The Constitutionality Of Using Mpaa Ratings To Censor Films In Prison, Colin Miller
A Wolf In Sheep's Clothing: Wolf V. Ashcroft And The Constitutionality Of Using Mpaa Ratings To Censor Films In Prison, Colin Miller
Faculty Publications
No abstract provided.
Llc Member And Limited Partner Breach Of Fiduciary Duty Claims: Direct Or Derivative Actions, James R. Burkhard
Llc Member And Limited Partner Breach Of Fiduciary Duty Claims: Direct Or Derivative Actions, James R. Burkhard
Faculty Publications
No abstract provided.
Do Owners Have A Fair Chance Of Prevailing Under The Ad Hoc Regulatory Takings Test Of Penn Central Transportation Company?, F. Patrick Hubbard
Do Owners Have A Fair Chance Of Prevailing Under The Ad Hoc Regulatory Takings Test Of Penn Central Transportation Company?, F. Patrick Hubbard
Faculty Publications
No abstract provided.
Forfeiture By Wrongdoing And Those Who Acquiesce In Witness Intimidation: A Reach Exceeding Its Grasp And Other Problems With Federal Rule Of Evidence 804(B)(6), James F. Flanagan
Forfeiture By Wrongdoing And Those Who Acquiesce In Witness Intimidation: A Reach Exceeding Its Grasp And Other Problems With Federal Rule Of Evidence 804(B)(6), James F. Flanagan
Faculty Publications
This article is the first comprehensive and critical analysis of the new exception to the hearsay rule that permits prosecutors to admit hearsay statements of absent witnesses when the defendant causes their unavailability at trial. The article develops the problems with the rule's overbroad language, its potential to admit unreliable hearsay and its relationship to the Confrontation Clause. These issues are of increasing interest to lawyers, judges and justices now that it is a federal rule and been adopted by ten states.
The first section is a comprehensive statement of the rule as now applied. The exception is traced from …
A New Framework For Law Firm Discipline, Elizabeth Chambliss, David B. Wilkins
A New Framework For Law Firm Discipline, Elizabeth Chambliss, David B. Wilkins
Faculty Publications
No abstract provided.
A Decade Of Daubert, David G. Owen
Escape From New York: Analyzing The State's Relative Interests In Proscribing The Withdrawal Of Life Support And Physician-Assisted Suicide, Colin Miller
Faculty Publications
This Note argues that states cannot consistently prohibit physician assisted suicide for terminally ill patients while they continue to allow the withdrawal of life support for even non-terminal patients. All of the state interests identified by the Supreme Court in rejecting a right to assisted suicide are implicated to a higher degree by withdrawal of life support. The primary reason for this difference is that withdrawal of life support often involves incompetent patients and surrogate decision making while assisted suicide by definition requires a competent patient choosing to hasten her death.
Federal Preemption Of Products Liability Claims, David G. Owen
Federal Preemption Of Products Liability Claims, David G. Owen
Faculty Publications
No abstract provided.
A Death By Any Other Name: The Federal Government's Inconsistent Treatment Of Drugs Used In Lethal Injections And Physician-Assisted Suicide, Colin Miller
Faculty Publications
No abstract provided.
Hostile Environment Actions, Title Vii, And The Ada: The Limits Of The Copy-And-Paste Function, Lisa A. Eichhorn
Hostile Environment Actions, Title Vii, And The Ada: The Limits Of The Copy-And-Paste Function, Lisa A. Eichhorn
Faculty Publications
Two federal circuits, borrowing from Title VII jurisprudence, recently recognized a cause of action for a disability-based hostile environment under the Americans with Disabilities Act (ADA). Neither opinion, however, considered how the analysis of a disability-based hostile environment claim under the ADA might differ from that of a race- or sex-based hostile environment claim under Title VII. This Article examines the differing theories of equality underlying the two statutes and argues that, because the statutes prohibit discrimination in fundamentally different ways, courts must resist the temptation to copy and paste Title VII doctrine into ADA hostile environment opinions. This Article …
Negotiating And Analyzing Electronic License Agreements, Duncan E. Alford
Negotiating And Analyzing Electronic License Agreements, Duncan E. Alford
Faculty Publications
Mr Alford analyzes license agreements for electronic resources and suggests certain negotiation points to consider when entering into such an agreement. He begins by describing the results of a survey of law librarians about their preparation for and techniques used when negotiating electronic license agreements and the legal strategies used by publishers to support the licensing of electronic information. After reviewing selected principles of licensing issued by library associations and several standardized electronic license agreements, he identifies provisions in a typical agreement that should concern libraries and suggests certain arguments to use in negotiating terms more favorable to the library.
Manufacturing Defects, David G. Owen
Picking Up The Pieces After Alexander V. Sandoval? Resurrecting A Private Cause Of Action For Disparate Impact, Derek W. Black
Picking Up The Pieces After Alexander V. Sandoval? Resurrecting A Private Cause Of Action For Disparate Impact, Derek W. Black
Faculty Publications
The Supreme Court in Alexander v. Sandoval limited plaintiffs' ability to challenge racially inequality and discrimination through lawsuits. The Court held that plaintiffs could no longer bring private causes of action for racially disparate impact under federal regulations. This article analyzes that holding and its detrimental impact on minority communities. The article proposes alternative theories under which plaintiffs' can continue to bring their claims and minimize the impact of the Court's holding.
Promoting Effective Ethical Infrastructure In Large Law Firms: A Call For Research And Reporting, Elizabeth Chambliss, David B. Wilkins
Promoting Effective Ethical Infrastructure In Large Law Firms: A Call For Research And Reporting, Elizabeth Chambliss, David B. Wilkins
Faculty Publications
No abstract provided.
Criminal Speech And The First Amendment, Benjamin Means
Criminal Speech And The First Amendment, Benjamin Means
Faculty Publications
No abstract provided.
The Emerging Role Of Ethics Advisors, General Counsel, And Other Compliance Specialists In Large Law Firms, Elizabeth Chambliss, David B. Wilkins
The Emerging Role Of Ethics Advisors, General Counsel, And Other Compliance Specialists In Large Law Firms, Elizabeth Chambliss, David B. Wilkins
Faculty Publications
No abstract provided.
Reconstruction Corruption And The Redeemers' Prosecution Of Francis Lewis Cardozo, W. Lewis Burke
Reconstruction Corruption And The Redeemers' Prosecution Of Francis Lewis Cardozo, W. Lewis Burke
Faculty Publications
No abstract provided.
In One Place, But Not Another: When The Law Encourages Breastfeeding In Public While Simultaneously Discouraging It At Work, Emily Suski
Faculty Publications
In this Essay, the author takes a novel approach to the topic of breastfeeding and work by exploring the trend among states to exempt breastfeeding from criminal indecent exposure laws and comparing this trend to the support, or lack thereof, in laws and policy for breastfeeding at work. The author's comparison reveals that while there is a trend to support breastfeeding in public, there is no such trend in the law to support breastfeeding in the relatively more private work environment.
The author argues that this disparity is both counterintuitive and serves to limit women's choices regarding breastfeeding and work. …
Effective Community Policing Performance Measures, Geoffrey P. Alpert, Daniel Flynn, Alex R. Piquero
Effective Community Policing Performance Measures, Geoffrey P. Alpert, Daniel Flynn, Alex R. Piquero
Faculty Publications
As the philosophy of policing moves from a traditional to a community-oriented approach, performance measures must shift as well. Unlike the typical police performance measures of arrest and crime rates found in traditional police philosophies, community-oriented policing performance measures are more general and tend to measure the extent to which police affect the quality of life in the communities they serve as well as the problems they solve. This manuscript begins the process of developing effective community policing performance measures and presents three case studies through which objectives and performance measures are conceptualized.
Duty Rules, David G. Owen
Palazzolo, Lucas, And Penn Central: The Need For Pragmatism, Symbolism, And Ad Hoc Balancing, F. Patrick Hubbard
Palazzolo, Lucas, And Penn Central: The Need For Pragmatism, Symbolism, And Ad Hoc Balancing, F. Patrick Hubbard
Faculty Publications
The constitutional right to compensation for a governmental taking of property is relatively easy to apply in situations involving a straightforward, physical appropriation of land for a public use like a highway. However, difficulties arise when governmental action consists only of rules that limit an owner's use of land. In most situations, these limits are viewed as burdens an individual is properly subject to as a citizen and land owner. From this perspective, the exercise of the "police power" of the government, which has traditionally been used to prohibit public and private harms, does not usually involve a taking of …
Professional Responsibility: Lawyers, A Case Study, Elizabeth Chambliss
Professional Responsibility: Lawyers, A Case Study, Elizabeth Chambliss
Faculty Publications
No abstract provided.
Products Liability: User Misconduct Defenses, David G. Owen
Products Liability: User Misconduct Defenses, David G. Owen
Faculty Publications
No abstract provided.
Police Accountability And Early Warning Systems: Developing Policies And Programs, Geoffrey P. Alpert, Samuel Walker
Police Accountability And Early Warning Systems: Developing Policies And Programs, Geoffrey P. Alpert, Samuel Walker
Faculty Publications
The identification of police officers who have potential problems has emerged as a popular approach for curbing police misconduct and achieving accountability. Early warning (EW) systems are data-driven programs whose purpose is to identify officers whose behavior is problematic and to subject those officers to some kind of intervention, often in the form of counseling or training. Because of their potential for providing timely data on officer performance and giving police managers a framework for correcting unacceptable performance, early warning systems are consistent with the new demands for performance evaluation raised by community policing and the effective strategic management of …
A Little Privacy, Please: Should We Punish Parents For Teenage Sex, Susan S. Kuo
A Little Privacy, Please: Should We Punish Parents For Teenage Sex, Susan S. Kuo
Faculty Publications
This article addresses an alarming new development in the recent trend toward blaming parents for their children's unlawful acts: an Illinois criminal statute that holds parents accountable for the consensual sexual activities of their children. Although laws creating criminal parental responsibility are not new, teenage sexuality is not part of the usual repertoire of juvenile acts that parental responsibility laws have previously sought to deter. The State of Illinois is the sole pioneer in this yet uncharted territory, breaking new ground for the parental responsibility movement and transporting parental liability to new heights.
Other states may view the Illinois statute …
Product Outlaw, David G. Owen
Public Opinion About Punishment And Corrections, Francis T. Cullen, Bonnie S. Fisher, Brandon K. Applegate
Public Opinion About Punishment And Corrections, Francis T. Cullen, Bonnie S. Fisher, Brandon K. Applegate
Faculty Publications
"Get tough" control policies in the United States are often portrayed as the reflection of the public's will: Americans are punitive and want offenders locked up. Research from the past decade both reinforces and challenges this assessment. The public clearly accepts, if not prefers, a range of punitive policies (e.g., capital punishment, three-strikes-and-you're-out laws, imprisonment). But support for get-tough policies is "mushy." Thus citizens may be willing to substitute a sentence of life imprisonment without parole for the death penalty. Especially when nonviolent offenders are involved, there is substantial support for intermediate sanctions and for restorative justice. Despite three decades …
Toward The Development Of A Pursuit Decision Calculus: Pursuit Benefits Versus Pursuit Cost, Thomas J. Madden, Geoffrey P. Alpert
Toward The Development Of A Pursuit Decision Calculus: Pursuit Benefits Versus Pursuit Cost, Thomas J. Madden, Geoffrey P. Alpert
Faculty Publications
To make unbiased decisions about whether to pursue a fleeing vehicle, officers must understand both the costs and the potential benefits of a pursuit. This manuscript describes an approach that identifies and assesses the impact of pursuit characteristics on pursuit costs. Data from official pursuit forms generated by officers in the Miami-Dade police department were used as a basis of the study. Log-linear models were used to identify direct and interactive effects of the pursuit characteristics. Upon finding significant effects, odds ratios were calculated. The findings indicate that there are certain pursuit characteristics, including number of units and speed, that …
The Religious Right In Court: The Decision Making Of Christian Evangelicals In State Supreme Courts, Donald R. Songer, Susan J. Tabrizi
The Religious Right In Court: The Decision Making Of Christian Evangelicals In State Supreme Courts, Donald R. Songer, Susan J. Tabrizi
Faculty Publications
Much has been written recently about the emergence of evangelicals and others often labeled the "new Religious Right" in American politics. However, little attention has been paid to whether officials who have been socialized in the denominations characterized as being part of this Religious Right actually behave differently in office from those brought up in other religious traditions. The present study begins such an inquiry by examining differences in the voting behavior of state supreme court justices in three issue areas. Evangelical justices were found to be significantly more conservative than mainline Protestant, Catholic, and Jewish justices in death penalty, …
Law And Politics In Judicial Oversight Of Federal Administrative Agencies, Martha Anne Humphries, Donald R. Songer
Law And Politics In Judicial Oversight Of Federal Administrative Agencies, Martha Anne Humphries, Donald R. Songer
Faculty Publications
Administrative agencies play a substantial role in the formulation and implementation of national policy Central to this role is their exercise of discretion. A normative consensus exists that such discretion should be constrained by administrative deference to the rule of law. The courts of appeals are expected to insure that such discretion is constrained. The analysis reported below examines how effectively they fulfill that expectation The findings suggest that agency success is related to political considerations, with agencies being successful when their decisions are consistent with the policy preferences of the judges. However, variables that captured elements of the legal …