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Articles 1 - 30 of 70
Full-Text Articles in Law
The Press Clause Constructed In Context: The Journalists' Right Of Access To Places, Tom A. Collins
The Press Clause Constructed In Context: The Journalists' Right Of Access To Places, Tom A. Collins
Faculty Publications
No abstract provided.
Dialectical Federalism: A Tribute To The West Virginia Supreme Court Of Appeals, Gene R. Nichol
Dialectical Federalism: A Tribute To The West Virginia Supreme Court Of Appeals, Gene R. Nichol
Faculty Publications
No abstract provided.
Personal Jurisdiction After Asahi: The Other (International) Shoe Drops, R. Lawrence Dessem
Personal Jurisdiction After Asahi: The Other (International) Shoe Drops, R. Lawrence Dessem
Faculty Publications
This articles analyzes the growth and development of the doctrine of personal jurisdiction and the Supreme Court's consideration and application of that doctrine in the recent case of Asahi Metal Industry Co. v. Superior Court. Asahi is significant both because of the nature of the suit and the nationality of the third-party defendant. The Supreme Court for the first time directly addressed the constitutionality of the ‘stream of commerce’ doctrine of personal jurisdiction, a jurisdictional theory that has been employed increasingly in recent years in products liability actions. Asahi also is one of the few cases in which the Court …
Rico On The High Seas: A Symposium On Civil Rico And Maritime Law: Civil Rico's Cause Of Action: The Landscape After Sedima, Douglas E. Abrams
Rico On The High Seas: A Symposium On Civil Rico And Maritime Law: Civil Rico's Cause Of Action: The Landscape After Sedima, Douglas E. Abrams
Faculty Publications
As the names ‘Organized Crime Control Act’ and ‘Racketeer Influenced and Corrupt Organizations' themselves indicate, Congress' concern was the threat posed by organized crime and racketeering. The OCCA's purpose was ‘to seek the eradication of organized crime in the United States . . . by providing enhanced sanctions and new remedies to deal with the unlawful activities of those engaged in organized crime.’ According to the Senate Report, RICO's purpose was to ‘eliminate . . . the infiltration of organized crime and racketeering into legitimate organizations operating in interstate commerce.’
Rethinking Excessive Force, R. Wilson Freyermuth
Rethinking Excessive Force, R. Wilson Freyermuth
Faculty Publications
Each year claimants file thousands of section 1983 actions against law enforcement or prison officials. Many of these claimants allege that officials used excessive force against them in violation of their constitutional rights. Despite the large number of excessive force cases in the federal courts, however, the Supreme Court has decided only two excessive force cases brought under section 1983. In Whitley v. Albers, the Court elaborated the appropriate standard for determining whether the shooting of a prisoner violated the eighth amendment. In Tennessee v. Garner, the Court applied the fourth amendment to strike down a Tennessee statute that authorized …
The Impact Of The Supreme Court On Trends In Economic Policy Making In The United States Courts Of Appeals, Donald R. Songer
The Impact Of The Supreme Court On Trends In Economic Policy Making In The United States Courts Of Appeals, Donald R. Songer
Faculty Publications
Previous impact research has primarily investigated controversial civil liberties decisions. The present study examines the response of the United States Courts of Appeals to changes in the labor and antitrust policies announced by the Supreme Court between 1950 and 1977. Significant impact was discovered. In each policy area, the decisional trends of the courts of appeals underwent a significant change after each of two policy shifts on the Supreme Court. Changes in the decisional trends of the courts of appeal were in the predicted direction even after controls were introduced for judges' party and holdover effects.
Products Liability-Proximate Cause, Intervening Cause, And Duty, David A. Fischer
Products Liability-Proximate Cause, Intervening Cause, And Duty, David A. Fischer
Faculty Publications
The primary emphasis of this article will be on the application of proximate cause in strict liability cases involving physical harm to person or property. This includes breach of implied warranty cases causing physical harm as well as strict tort liability cases. For purposes of the matters discussed in this article, the two theories are essentially the same. The major difference between the theories is that warranty law may recognize some contract defenses that do not apply in strict tort cases. The article will also discuss negligence cases for purposes of comparison and contrast with the strict liability cases. This …
Taking Evidence And Breaking Treaties: Aerospatiale And The Need For Common Sense, James G. Dwyer, Lois A. Yurow
Taking Evidence And Breaking Treaties: Aerospatiale And The Need For Common Sense, James G. Dwyer, Lois A. Yurow
Faculty Publications
No abstract provided.
Commentary On Law: Wallowing In Intention, Gene R. Nichol
Commentary On Law: Wallowing In Intention, Gene R. Nichol
Faculty Publications
No abstract provided.
What Is “An Establishment Of Religion?", William W. Van Alstyne
What Is “An Establishment Of Religion?", William W. Van Alstyne
Faculty Publications
No abstract provided.
The Search For Caring And Justice: The Social Functions Of Medicine And Law, Larry I. Palmer
The Search For Caring And Justice: The Social Functions Of Medicine And Law, Larry I. Palmer
Faculty Publications
No abstract provided.
Subchapter S Distributions And Pseudo Distributions: Proposals For Revising The Defective Blend Of Entity And Conduit Concepts, Glenn E. Coven
Subchapter S Distributions And Pseudo Distributions: Proposals For Revising The Defective Blend Of Entity And Conduit Concepts, Glenn E. Coven
Faculty Publications
No abstract provided.
A Guide For The Selection Of Faculty Recruiters...Or Any First Year Course, Paul A. Lebel
A Guide For The Selection Of Faculty Recruiters...Or Any First Year Course, Paul A. Lebel
Faculty Publications
No abstract provided.
Simplifying Subpoena Law: Taking The Fifth Amendment Seriously, Robert P. Mosteller
Simplifying Subpoena Law: Taking The Fifth Amendment Seriously, Robert P. Mosteller
Faculty Publications
No abstract provided.
1787: The Constitution In Perspective (Introduction), Gene R. Nichol Jr.
1787: The Constitution In Perspective (Introduction), Gene R. Nichol Jr.
Faculty Publications
No abstract provided.
Commentary On Law: Wallowing In Intention, Gene R. Nichol
Commentary On Law: Wallowing In Intention, Gene R. Nichol
Faculty Publications
No abstract provided.
Ripeness And The Constitution, Gene R. Nichol Jr.
Ripeness And The Constitution, Gene R. Nichol Jr.
Faculty Publications
No abstract provided.
Federalism, State Courts, And Section 1983, Gene R. Nichol Jr.
Federalism, State Courts, And Section 1983, Gene R. Nichol Jr.
Faculty Publications
No abstract provided.
Payments On Long-Term Debt As Voidable Preferences: The Impact Of The 1984 Bankruptcy Amendments, Lissa Lamkin Broome
Payments On Long-Term Debt As Voidable Preferences: The Impact Of The 1984 Bankruptcy Amendments, Lissa Lamkin Broome
Faculty Publications
No abstract provided.
The Need For A New National Court, Douglas D. Mcfarland, Thomas E. Baker
The Need For A New National Court, Douglas D. Mcfarland, Thomas E. Baker
Faculty Publications
By any measure, the Supreme Court is tremendously overburdened. Statistics speak clearly on this point; sometimes they shout. After the caseload relief provided by the Judges' Bill, 4 which was passed in I925 and took effect during the I928 Term, the Supreme Court caseload grew slowly for thirty years. Beginning in the I96os, growth sharply accelerated, and during the I970S and I98os, the numbers exploded.
Promissory Estoppel And The Avoidance Of Injustice, Carolyn Edwards
Promissory Estoppel And The Avoidance Of Injustice, Carolyn Edwards
Faculty Publications
No abstract provided.
Procedural Due Process: May Labor Order Reinstatement Without A Prior Evidentiary Hearing?, Jay E. Grenig
Procedural Due Process: May Labor Order Reinstatement Without A Prior Evidentiary Hearing?, Jay E. Grenig
Faculty Publications
No abstract provided.
Can A Supervisor Be Disciplined For Working Without A Collective Bargaining Agreement With The Union?, Jay E. Grenig
Can A Supervisor Be Disciplined For Working Without A Collective Bargaining Agreement With The Union?, Jay E. Grenig
Faculty Publications
No abstract provided.
Is A State Statute Allowing An Employee To Sue In State Court Preempted By Federal Law?, Jay E. Grenig
Is A State Statute Allowing An Employee To Sue In State Court Preempted By Federal Law?, Jay E. Grenig
Faculty Publications
No abstract provided.
Who Can Challenge The Settlement Of An Employment Discrimination Suit?, Jay E. Grenig
Who Can Challenge The Settlement Of An Employment Discrimination Suit?, Jay E. Grenig
Faculty Publications
No abstract provided.
International Discovery: Mining The Depths Of The Hague Evidence Convention, Michael P. Waxman
International Discovery: Mining The Depths Of The Hague Evidence Convention, Michael P. Waxman
Faculty Publications
No abstract provided.
Impairment Of Collateral Under Section 3-606 Of The Uniform Commercial Code, Carolyn Edwards
Impairment Of Collateral Under Section 3-606 Of The Uniform Commercial Code, Carolyn Edwards
Faculty Publications
No abstract provided.
Securing Justice: A Response To William Bradford Reynolds, Michael A. Middleton
Securing Justice: A Response To William Bradford Reynolds, Michael A. Middleton
Faculty Publications
I doubt that William Bradford Reynolds would disagree that the self evident truths the Framers of the Declaration of Independence spoke about are as applicable today in the 1980's as they were over 200 years ago. I also doubt that Mr. Reynolds would disagree that despite the fact that black people were not considered human beings when the Constitution was framed, the fourteenth amendment to that great document was intended to bring them within the ambit of its protections. On these two basic propositions, I suspect, Mr. Reynolds and I would agree. Beyond that however, Mr. Reynolds advances a fundamentally …
Musings On Modern Products Liability Law: A Foreward, David Owen
Musings On Modern Products Liability Law: A Foreward, David Owen
Faculty Publications
No abstract provided.
Rumor Control And Disclosure Of Merger Negotiations Or Other Control Related Transactions: Full Disclosure Or "No Comment" -- The Only Safe Harbors, Thomas Lee Hazen
Rumor Control And Disclosure Of Merger Negotiations Or Other Control Related Transactions: Full Disclosure Or "No Comment" -- The Only Safe Harbors, Thomas Lee Hazen
Faculty Publications
No abstract provided.