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Articles 1 - 19 of 19
Full-Text Articles in Law
Equity And Admiralty: A Turbulent Path To Manifest Destiny, George P. Smith Ii
Equity And Admiralty: A Turbulent Path To Manifest Destiny, George P. Smith Ii
Scholarly Articles
This article will survey pre- and post-unification judicial decisions on the breadth of equitable powers available to courts in admiralty. By so doing, it will attempt to glean an understanding of those areas perceived to be problem areas and assess the continued viability and desirability of the restrictions on admiralty courts. The article first explores the historical origins of the restrictions under the English and early American legal systems." The article proceeds to describe the judicial developments during the 20th century which have helped to perpetuate the distinctions between equity and admiralty under the guise of the "Schoenamsgruber Doctrine." Finally, …
A Return To Principles Of Corrective Justice In Deciding Economic Loss Cases, Andrew W. Mcthenia Jr.
A Return To Principles Of Corrective Justice In Deciding Economic Loss Cases, Andrew W. Mcthenia Jr.
Scholarly Articles
None available.
Let The Author Beware: The Rejuvenation Of The American Law Of Libel, Rodney A. Smolla
Let The Author Beware: The Rejuvenation Of The American Law Of Libel, Rodney A. Smolla
Scholarly Articles
Not available.
Intertwining The Constitution And The Common Law: Evolving Doctrines Of Defamation In Arkansas, Rodney A. Smolla
Intertwining The Constitution And The Common Law: Evolving Doctrines Of Defamation In Arkansas, Rodney A. Smolla
Scholarly Articles
Not available.
The Future Of Defamation In Illinois After Colson V. Steig And Chapski V. The Copley Press, Inc., Rodney A. Smolla, Linda A. Malone
The Future Of Defamation In Illinois After Colson V. Steig And Chapski V. The Copley Press, Inc., Rodney A. Smolla, Linda A. Malone
Scholarly Articles
None available.
Bring Back The Legislative Veto: A Proposal For A Constitutional Amendment, Rodney A. Smolla
Bring Back The Legislative Veto: A Proposal For A Constitutional Amendment, Rodney A. Smolla
Scholarly Articles
None available.
Intimations Of Immorality: Clones, Cyrons And The Law, George P. Smith Ii
Intimations Of Immorality: Clones, Cyrons And The Law, George P. Smith Ii
Scholarly Articles
This article examines some legal and moral issues associated with two developing areas of biomedicine; cloning and cryonics. The author firstly considers the practical benefits to society of developing perfecting and utilizing the process of cloning. These include the ability to overcome inheritable genetic defects and the provision of organs for transplantation. Against this must be weighed some moral and ethical problems of genetic engineering. Professor Smith then discusses the process of deep-freezing a person and the development of cryonics as a social movement. The major legal problem stemming from cryonics is determining the time at which a cryonically suspended …
The Iceperson Cometh: Cryonics, Law And Medicine, George P. Smith Ii
The Iceperson Cometh: Cryonics, Law And Medicine, George P. Smith Ii
Scholarly Articles
The "New Biology" has already made profound impact on the law. Cryonics and genetic engineering represent technological triumphs. The natural, organic process of dying is being replaced by a humanly engineered technological process for living. The dying phase of lite is prolonged until biological knowledge is available to reverse the dying phase and restore the living phase. Both cryonics and genetic engineering in their attempts to replace the organic process with the technological process disturb the delicate balance of the triad of lite which each individual experiences-faith, health, and justice. Since law is a basic tool to achieve justice among …
Diluting Relief Under Title Vii: Ford Motor Co. V. Equal Employment Opportunity Commission – Employment Offer Absent Retroactive Seniority Effective In Tolling Backpay, Laurie A. Lewis
Scholarly Articles
This Note will outline the historical trend of favoring an award of the most complete relief possible for victims of employment discrimination through a discussion of case law under title VII and the Labor Management Relations Act (LMRA). It will examine the Supreme Court's decision in Ford Motor Co. v. EEOC and suggest that the Court's imposition of a rigid rule upon lower courts to toll backpay liability reverses the trend. Finally, the Note will consider the impact of this rule upon future title VII litigants. It will conclude that while the rule may vindicate the rights of most victims, …
The Sec Or The Exchanges: Who Should Do What And When? A Proposal To Allocate Regulatory Responsibilities For Securities Markets, David A. Lipton
The Sec Or The Exchanges: Who Should Do What And When? A Proposal To Allocate Regulatory Responsibilities For Securities Markets, David A. Lipton
Scholarly Articles
This article will investigate what principles should guide the Commission in allocating decision making authority over regulatory matters between itself and the SROs. When should the SEC initiate the resolution of issues? When should it merely oversee the efforts of the SROs in issue resolution? Finally, can specific market regulatory problems be analyzed pursuant to these principles to determine how decision making authority should be allocated? In addition to providing a model for answering these questions, the guidelines 4 developed in this article will also have relevance to the broader question of allocating decision making responsibility between the government and …
A Road Map To Adjudication Under The Medical-Vocational Guidelines, J.P. "Sandy" Ogilvy
A Road Map To Adjudication Under The Medical-Vocational Guidelines, J.P. "Sandy" Ogilvy
Scholarly Articles
No abstract provided.
The Epitaph Of Johannes Teutonicus, Kenneth Pennington
The Epitaph Of Johannes Teutonicus, Kenneth Pennington
Scholarly Articles
No abstract provided.
Acid Rain: A Transnational Perspective, George P. Smith Ii
Acid Rain: A Transnational Perspective, George P. Smith Ii
Scholarly Articles
The purpose of this article is to evaluate current selected transnational efforts designed to meet and combat the problems of acid rain, evaluate the possible legal remedies available for violations thereof and suggest avenues for discerning and evaluating a measured approach to environmental decision-making.
There Is Tort Liability For Negligent Programming, Harvey L. Zuckman
There Is Tort Liability For Negligent Programming, Harvey L. Zuckman
Scholarly Articles
No abstract provided.
Johannes Teutonicus And Papal Legates, Kenneth Pennington
Johannes Teutonicus And Papal Legates, Kenneth Pennington
Scholarly Articles
No abstract provided.
Accrediting Agencies’ Legal Responsibilities: In Pursuit Of The Public Interest, William A. Kaplin
Accrediting Agencies’ Legal Responsibilities: In Pursuit Of The Public Interest, William A. Kaplin
Scholarly Articles
This article considers the evolution in the way courts have labeled or categorized accrediting agencies, and the legal and policy consequences of this evolution. Discussion will then focus on the "public interest" standard that is the core of these developments and on ways in which accrediting agencies can fulfill their legal responsibilities under this standard.
The Justice Conundrum, Marshall J. Breger
The Justice Conundrum, Marshall J. Breger
Scholarly Articles
The litigation explosion threatens to overwhelm the capacity of our judicial institutions to respond adequately to the needs of our society. An understanding of this crisis can be achieved only through the questioning of a number of principles central to our justice system. This essay will explore the contours of these questions and evaluate various responses to the litigation crisis. By their nature, the solutions suggested can be only tentative.
Illegitimacy: Suggestion For Reform Following Mills V. Halbluetzel, Raymond C. O'Brien
Illegitimacy: Suggestion For Reform Following Mills V. Halbluetzel, Raymond C. O'Brien
Scholarly Articles
In the recent decision of Mills v. Habluetzel, the Supreme Court implies that as technology advances and scientific tests make the determination of biological paternity more certain, the state or governmental interest in avoiding evidentiary problems of false claims, will cease to justify the use of any facile statutory denials of substantive rights claimed by illegitimates First, in the advent of scientific ability to prove the fact of paternity, unrealistic legal prerequisites or statutory limitations extinguishing the rights of illegitimates will not prevail under a constitutional analysis. Second, the use of science implies greater inquiry into all aspects of the …
The Razor’S Edge Of Human Bonding: Artificial Fathers And Surrogate Mothers, George P. Smith Ii
The Razor’S Edge Of Human Bonding: Artificial Fathers And Surrogate Mothers, George P. Smith Ii
Scholarly Articles
This article will examine the plight of the artificial father and surrogate mother by focusing on how the law views artificial insemination. From this focus, the author will explore alternative responses for dealing with problems involving surrogate mothers, donor insemination, and infertility and show their symbiotic, if not direct, relation to the problem of infertility.