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Series

Law Faculty Scholarship

1993

Articles 1 - 10 of 10

Full-Text Articles in Law

Unspeakable Suspicions: Challenging The Racist Consensual Encounter, Peter Schoenburg, Risa Evans Nov 1993

Unspeakable Suspicions: Challenging The Racist Consensual Encounter, Peter Schoenburg, Risa Evans

Law Faculty Scholarship

[Excerpt] "In recent years, law enforcement officials have honed a new technique for fighting the "War on Drugs:" the suspicionless police sweep of stations and vehicles involved in interstate mass transportation. Single officers or groups of officers approach unfortunate individuals in busses, trains, stations and airline terminals. A targeted traveller is requested to show identification and tickets, explain the purpose of his or her travels, and finally, at times, to consent to a luggage search. As long as "a reasonable person would understand that he or she could refuse to cooperate," the encounter between the law-enforcement official and the traveller …

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Three Foundations Of Legal Ethics: Autonomy, Community, And Morality, Edward J. Eberle Jul 1993

Three Foundations Of Legal Ethics: Autonomy, Community, And Morality, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

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Targeted, Direct-Mail Solicitation: Shapero V. Kentucky Bar Association Under Attack, Jeffrey S. Kinsler Jan 1993

Targeted, Direct-Mail Solicitation: Shapero V. Kentucky Bar Association Under Attack, Jeffrey S. Kinsler

Law Faculty Scholarship

Attorneys have been reluctant to take part in advertising and solicitation since the United States Supreme Court specifically allowed their use sixteen years ago. Of those attorneys who have advertised or solicited, most have used the traditional forms of advertising such as television, radio, and print media. Attorneys have been particularly averse to direct-mail solicitation, which may be the most effective form of advertisement. Prior to 1988, the scarcity of attorney solicitation could be explained by the unsettled nature of the governing law. In that year, however, the Supreme Court finally clarified the law regarding targeted, direct mail solicitation by …

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Native American Restricted Allotments: A Surviving Spouse's Elective Share Rights, Jeffrey S. Kinsler Jan 1993

Native American Restricted Allotments: A Surviving Spouse's Elective Share Rights, Jeffrey S. Kinsler

Law Faculty Scholarship

Nearly all states have laws that prohibit decedents from disinheriting their spouses. In these states, if a surviving spouse is disinherited, the spouse may renounce the will and elect to take a certain percentage of the decedent's estate. In Oklahoma and Nebraska, for instance, a surviving spouse may elect to take one-half of the decedent's estate in lieu of the devises, if any, made for the surviving spouse in the will. These "elective share" statutes afford long-term financial security for surviving spouses. A century ago, Native Americans acquired real estate by allotment. Under the allotment system, the federal government issued …

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The Proper Location Of Party-Depositions Under The Federal Rules Of Civil Procedure, Jeffrey S. Kinsler Jan 1993

The Proper Location Of Party-Depositions Under The Federal Rules Of Civil Procedure, Jeffrey S. Kinsler

Law Faculty Scholarship

Federal Rules of Civil Procedure provide numerous mechanisms for noticing and conducting party-depositions, but they are silent about location. Determining the proper location of party-depositions requires a foray into a confusing, and sometimes inconsistent, line of case law. For instance, some courts hold that the proper location to depose a corporate representative is the judicial district in which the corporation maintains its principal place of business, while others suggest that it is the district in which the suit is pending. This Article clarifies the law concerning the proper location of party-depositions and proposes a hard-and-fast rule for determining the appropriate …

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Exposure To Tobacco Smoke Is More Than Offensive, It Is Cruel And Unusual Punishment, Jeffrey S. Kinsler Jan 1993

Exposure To Tobacco Smoke Is More Than Offensive, It Is Cruel And Unusual Punishment, Jeffrey S. Kinsler

Law Faculty Scholarship

In McKinney v. Anderson, the Ninth Circuit Court of Appeals found that compelled exposure to environmental tobacco smoke (ETS) may constitute cruel and unusual punishment. The Fifth, Seventh, and Tenth Circuits, however, have reached the opposite conclusion. The Supreme Court should affirm the Ninth Circuit's ruling in McKinney for two reasons. First, the medical evidence introduced since the Ninth Circuit decided McKinney confirms that court's belief "that the attitude of our society has evolved at least to a point that it violates current standards of decency to expose unwilling prisoners to ETS levels that pose an unreasonable risk of harm …

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Law, Order, And The Consent Defense, Keith M. Harrison Jan 1993

Law, Order, And The Consent Defense, Keith M. Harrison

Law Faculty Scholarship

[Excerpt] Among the benefits that we gain on leaving the state of nature and joining together in a "civilized society" is some amount of added protection of our individual possessions and person. Among our losses is the ability to plunder, at will, the possessions and bodies of those who are weaker than we are. These two statements are generally, but not absolutely, true. I propose that one hallmark of civilization is the security of everyone who lives under its authority that they are free from the unwanted interferences of others with their personal integrity and property rights.' One way to …

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Access To And Authority To Cite Unpublished Decisions Of The Pto, Thomas G. Field Jr Jan 1993

Access To And Authority To Cite Unpublished Decisions Of The Pto, Thomas G. Field Jr

Law Faculty Scholarship

This paper begins with the Solicitor [of the U.S. Patent and Trademark Office]'s explanation of the term "unpublished." It then reviews various kinds of published PTO decisions where the precedential effect of unpublished decisions has been addressed. There, we see that the PTO has generally not ignored unpublished precedent--at least, deliberately--and that the Solicitor agrees that this may not be done. Next, this paper examines the almost universal practice of federal appeals courts disallowing use of their unpublished decisions as precedent--and some of the reasons for widespread criticism of that practice. It also discusses some of the reasons that judges, …

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Symptoms Exposed When Legalists Engage In Moral Discourse: Reflections On The Difficulties Of Taking Ethics, James R. Elkins Jan 1993

Symptoms Exposed When Legalists Engage In Moral Discourse: Reflections On The Difficulties Of Taking Ethics, James R. Elkins

Law Faculty Scholarship

No abstract provided.

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Writing Our Lives: Making Introspective Writing A Part Of Legal Education, James R. Elkins Jan 1993

Writing Our Lives: Making Introspective Writing A Part Of Legal Education, James R. Elkins

Law Faculty Scholarship

No abstract provided.

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