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Articles 1 - 30 of 2546
Full-Text Articles in Law
Wolston And Hutchinson: Changing Contours Of The Public Figure Test, Jean Arnwine
Wolston And Hutchinson: Changing Contours Of The Public Figure Test, Jean Arnwine
Loyola of Los Angeles Law Review
No abstract provided.
Social And Economic Goals And Their Impact On The Defense Acquisition Process, Thomas E. Harvey
Social And Economic Goals And Their Impact On The Defense Acquisition Process, Thomas E. Harvey
Notre Dame Law Review
No abstract provided.
Human Rights In American Foreign Policy, Patricia M. Derian
Human Rights In American Foreign Policy, Patricia M. Derian
Notre Dame Law Review
No abstract provided.
Recidivism And The Eighth Amendment--Is The Habitual Offender Protected Against Excessive Punishment, Cameron Jay Rains
Recidivism And The Eighth Amendment--Is The Habitual Offender Protected Against Excessive Punishment, Cameron Jay Rains
Notre Dame Law Review
No abstract provided.
Book Review, Fernand N. Dutile
Application Of Noerr-Pennington And The First Amendment To Politically Motivated Economic Boycotts: Missouri V. Now, Charles P. Cockerill
Application Of Noerr-Pennington And The First Amendment To Politically Motivated Economic Boycotts: Missouri V. Now, Charles P. Cockerill
Loyola of Los Angeles Law Review
No abstract provided.
Agins V. City Of Tiburon: The Case Of The Frustrated Landowner, Jan E. Copley
Agins V. City Of Tiburon: The Case Of The Frustrated Landowner, Jan E. Copley
Loyola of Los Angeles Law Review
No abstract provided.
The Right To Choose An Unproven Method Of Treatment, V. Anthony Unan
The Right To Choose An Unproven Method Of Treatment, V. Anthony Unan
Loyola of Los Angeles Law Review
No abstract provided.
Judicial Review Of Laws Enacted By Popular Vote, Marc Slonim, James H. Lowe
Judicial Review Of Laws Enacted By Popular Vote, Marc Slonim, James H. Lowe
Washington Law Review
This comment examines the thesis that the political process by which laws are enacted has constitutional significance and concludes that legislation enacted directly by voters warrants heightened judicial scrutiny under the fourteenth amendment. Part I chronicles the historical development of the initiative and referendum and surveys contemporary applications. Parts II and III examine the political underpinnings and ramifications of direct democracy and the constitutionality of the initiative process. Finally, Part IV proposes a constitutional law framework for heightened judicial scrutiny of laws enacted by popular vote.
From Debtor's Shield To Creditor's Sword: Cram Down Under The Chandler Act And The Bankruptcy Reform Act , Anne Webber Epstein
From Debtor's Shield To Creditor's Sword: Cram Down Under The Chandler Act And The Bankruptcy Reform Act , Anne Webber Epstein
Chicago-Kent Law Review
No abstract provided.
Motor Vehicle Liability Self-Insurance: The Coverage Gap, Robert Allan Naeve
Motor Vehicle Liability Self-Insurance: The Coverage Gap, Robert Allan Naeve
Loyola of Los Angeles Law Review
No abstract provided.
Excuse Defense In The Law Of Contracts: Judicial Frustration Of The U.C.C. Attempt To Liberalize The Law Of Commercial Impracticability, George Wallach
Excuse Defense In The Law Of Contracts: Judicial Frustration Of The U.C.C. Attempt To Liberalize The Law Of Commercial Impracticability, George Wallach
Notre Dame Law Review
No abstract provided.
Some Reflections On The Corporation As Criminal Defendant, Howard M. Friedman
Some Reflections On The Corporation As Criminal Defendant, Howard M. Friedman
Notre Dame Law Review
No abstract provided.
Treaties--Article 6 Of The Convention On The High Seas Is Not Self-Executing, Lorne Oral Liechty
Treaties--Article 6 Of The Convention On The High Seas Is Not Self-Executing, Lorne Oral Liechty
Notre Dame Law Review
No abstract provided.
Essay--Fighting For Their Lives: The Applicability Of The Fairness Doctrine To Violence In Children's Television Programming, Thomas Barton
Essay--Fighting For Their Lives: The Applicability Of The Fairness Doctrine To Violence In Children's Television Programming, Thomas Barton
West Virginia Law Review
No abstract provided.
Unspeakable Ethics, Unnatural Law, Arthur Allen Leff
Unspeakable Ethics, Unnatural Law, Arthur Allen Leff
Duke Law Journal
No abstract provided.
The Ethics Of Moving To Disqualify Opposing Counsel For Conflict Of Interest, Lawrence Crocker
The Ethics Of Moving To Disqualify Opposing Counsel For Conflict Of Interest, Lawrence Crocker
Duke Law Journal
No abstract provided.
School Finance Litigation—The Styles Of Judicial Intervention, William R. Andersen
School Finance Litigation—The Styles Of Judicial Intervention, William R. Andersen
Washington Law Review
Current debates about the legality of public school funding systems recognize that existing systems combine state, local, and federal revenue sources. The exact nature of the governmental partnership involved is seldom specified, however, and the result is that the institutional relationships are not clearly seen. This failure of perception leads to difficulties when a court is asked to determine the constitutionality of such systems. Two recent state school finance opinions will be analyzed here to compare two different styles of judicial intervention. This article does not deal with all school finance litigation nor with all styles of judicial involvement in …
Federal Estate Tax—Valuation Of A Deceased Spouse's Interest In Community Owned Stock—Estate Of Lee V. Commissioner, 69 T.C. 860 (1978), Lisa S. Frye
Washington Law Review
This note questions the propriety of allowing discounts to reflect lack of control where spouses enjoyed joint control over undivided interests in a majority block of shares. The issue is examined in light of existing case law and by reference to Washington community property law and federal estate taxation policies. The note concludes that, although Lee is not contrary to any explicit provision in the Internal Revenue Code, discounting a deceased spouse's share of a community owned majority block neither accurately reflects the degree of control its owners enjoyed nor effectively taxes wealth transfers at death.
The Failure Of Situation-Oriented Professional Rules To Guide Conduct: Conflicting Responsibilities Of The Criminal Defense Attorney Whose Client Commits Or Intends To Commit Perjury, Joni Hammersla Ostergaard
The Failure Of Situation-Oriented Professional Rules To Guide Conduct: Conflicting Responsibilities Of The Criminal Defense Attorney Whose Client Commits Or Intends To Commit Perjury, Joni Hammersla Ostergaard
Washington Law Review
The legal profession has long promulgated rules in an effort to guide attorneys toward appropriate ethical behavior. By formulating such rules and by enforcing them through professional discipline, the profession has undertaken the admirable task of policing its own members. The past decade has seen a proliferation of different standards for attorney conduct, in part because of common law developments in the areas of legal malpractice and ineffective assistance of counsel. In addition, the bar has contributed to the proliferation of conduct rules by establishing standing committees that have promulgated advisory ethical standards in certain specialized fields. Despite the increasing …
Respective Roles Of Senate And President In The Making And Abrogation Of Treaties—The Original Intent Of The Framers Of The Constitution Historically Examined, Arthur Bestor
Washington Law Review
The first part of the present article examines the specific question of the placement in the constitutional system of the power to terminate a treaty originally ratified by and with the advice and consent of the Senate, two-thirds of the members present concurring. The power of terminating a treaty is, of course, only a particular segment or subdivision of the far more inclusive power of determining the foreign policy of the Nation. Accordingly, after considering the evidence bearing directly upon the narrow question of treaty abrogation, the present article turns to the larger question of the relationship the framers intended …
The Law Of Medical Malpractice In West Virginia, Michael J. Farrell
The Law Of Medical Malpractice In West Virginia, Michael J. Farrell
West Virginia Law Review
The preparation and trial of a medical malpractice case is a trial lawyer's delight. The trial arena presents a unique opportunity for the lawyer, physician, patient, and jury to explore the intricacies of a surgical procedure, the maze of a diagnostic puzzle, and the mystery of malpractice causation. The physician is subjected to intense scrutiny by professional malpractice witnesses; he is compelled to justify every note in his record and every omission in his thought process. The lawyer undertakes the herculean task of learning anatomy, physiology, and the specific medical discipline of the defendant. It is in this context that …
Frank T. Read: A Forgotten Dimension, Rennard Strickland, J. Paschal Twyman, A. Kenneth Pye
Frank T. Read: A Forgotten Dimension, Rennard Strickland, J. Paschal Twyman, A. Kenneth Pye
Tulsa Law Review
No abstract provided.
Personal Injury And Wrongful Death--Application Of Maritime Law Principles To Inland Waterways And Offshore Drilling Operations--A Review Of Jurisdiction, Status Problems, And Remedies, James A. George
Tulsa Law Review
No abstract provided.
Use Of Counsel In Oklahoma Small Claims Courts: Judicial Perceptions, Empirical Data, And Recommended Reforms, Robert L. Spurrier Jr.
Use Of Counsel In Oklahoma Small Claims Courts: Judicial Perceptions, Empirical Data, And Recommended Reforms, Robert L. Spurrier Jr.
Tulsa Law Review
No abstract provided.
Standing To Raise Fourth Amendment Guarantees Against Unreasonable Searches And Seizures: Rakas V. Illinois, Jefferson Davis Sellers
Standing To Raise Fourth Amendment Guarantees Against Unreasonable Searches And Seizures: Rakas V. Illinois, Jefferson Davis Sellers
Tulsa Law Review
No abstract provided.
False Light: Invasion Of Privacy, Bruce A. Mckenna
False Light: Invasion Of Privacy, Bruce A. Mckenna
Tulsa Law Review
No abstract provided.
Constitutional Law--The Public's Right Of Access To Pretrial Proceedings, Philip Hof
Constitutional Law--The Public's Right Of Access To Pretrial Proceedings, Philip Hof
Tulsa Law Review
No abstract provided.