Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Agency (1)
- CCPA (1)
- Combination rule (1)
- Contributory negligence (1)
- Discrimination against people with disabilities (1)
-
- Executive control (1)
- Federal circuit courts (1)
- Joint and several liability (1)
- Legislative controls (1)
- Legislative objectives (1)
- Legislative oversight (1)
- Means expressions (1)
- Minnesota legislature (1)
- Modified comparative fault (1)
- PTO (1)
- Patent claims (1)
- Patents (1)
- Prior art (1)
- Public welfare (1)
- Torts (1)
- Unit rule (1)
- Vicarious liability (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
The Fault With Comparative Fault: The Problem Of Individual Comparisons In A Modified Comparative Fault Jurisdiction, Michael K. Steenson
The Fault With Comparative Fault: The Problem Of Individual Comparisons In A Modified Comparative Fault Jurisdiction, Michael K. Steenson
Faculty Scholarship
Minnesota courts have interpreted the Minnesota Comparative Fault statute as requiring comparison of a plaintiff's negligence with the individual negligence of each defendant. Exceptions to this rule involve joint venture cases. This Article examines the individual comparison rule and explores an alternative rule which provides for a comparison of the plaintiff's negligence with the aggregate negligence of the defendants.
An Offer She Can’T Refuse: When Fundamental Rights And Conditions On Government Benefits Collide, Marie Failinger
An Offer She Can’T Refuse: When Fundamental Rights And Conditions On Government Benefits Collide, Marie Failinger
Faculty Scholarship
This article criticizes the Maher/Harris conditions doctrine on two levels. At the first level, it suggests that the Maher/Harris doctrine cannot justify the Court’s decisions to uphold government withdrawals of funding from rights-exercises. At the second level, after exposing and contrasting the definitional presuppositions of the Court in Maher and Harris with previous cases, the article suggests that the Maher/Harris doctrine is a failure because it uses utterly inadequate rights theory to resolve emerging issues of conflicting human need and conscience, issues which are mediated by government action. The author creates a space for a discussion of a new framework …
Legislative Oversight Of Administrative Agencies In Minnesota, J. David Prince
Legislative Oversight Of Administrative Agencies In Minnesota, J. David Prince
Faculty Scholarship
Due to the expanding role of agencies within the Executive branch at both the state and federal level, legislatures are struggling to fulfill their obligation to hold agencies accountable and to modify legislative mandates when necessary. In order for the legislature to fulfill this obligation, it must have the capability to exercise policy formation and oversight goals. This Article will first examine the need for legislative oversight and the legislative oversight mechanism in Minnesota. Next, the Article discusses the legislative controls currently being used at the federal and state level. Executive control mechanisms and their possible use by a legislature …
The Interpretation Of Means Expressions During Prosecution, R. Carl Moy
The Interpretation Of Means Expressions During Prosecution, R. Carl Moy
Faculty Scholarship
This article briefly explains how the scope of a claim including a means expression is determined both under the PTO view and a strict application of the statutory language. The lack of consensus and current state of the law in the area are illustrated through an analysis of several recent decisions of the Federal Circuit. The policies underlying the PTO and statutory methods of interpreting means expressions during prosecution are examined in an effort to demonstrate that the statutory method more effectively furthers the policies underlying the patent system.
What Disabilities Are Protected Under The Rehabilitation Act Of 1973?, David Larson
What Disabilities Are Protected Under The Rehabilitation Act Of 1973?, David Larson
Faculty Scholarship
It can be difficult for an employer or a recipient of federal funds to determine exactly what types of disabilities are protected by the Rehabilitation Act of 1973. Relevant literature has not given a great deal of attention to this specific question. Recent cases, however, provide additional information that can assist in determining which disabilities are protected. The question of what is protected handicap differs from the question of whether a handicapped person is also “qualified.” This article focuses on the threshold question of determining whether a handicap actually exists, concentrating on the Rehabilitation Act of 1973. The definition of …