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Full-Text Articles in Law

Understanding Joint And Several Liability, Richard W. Wright Dec 1991

Understanding Joint And Several Liability, Richard W. Wright

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No abstract provided.


Black And White Thinking In The Gray Areas Of Antitrust: The Dismantling Of Vertical Restraints Regulation, Barbara Ann White Nov 1991

Black And White Thinking In The Gray Areas Of Antitrust: The Dismantling Of Vertical Restraints Regulation, Barbara Ann White

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In this Article I present a two-pronged analysis of vertical restraints, one in law and one in economics. By tracing the checkered legal history of vertical restraints, I show the marked changes recent antitrust decisions have wrought, in particular, by comparing the legal standards expressed by the Supreme Court in Monsanto Co. v. Spray-Rite Service Corp. with those in Business Electronics Corp. v. Sharp Electronics Corp and Atlantic Richfield Co. (ARCO) v. USA Petroleum Co. If through the latter two cases the Court has, for all practical purposes, created a category of per se legality for vertical price restraints, which ...


On Letters & Law Reviews: A Jaded Rejoinder, Kenneth Lasson Oct 1991

On Letters & Law Reviews: A Jaded Rejoinder, Kenneth Lasson

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I've been asked to comment upon Professor Jensen's essay, and I'm left with wearily wondering why's. Why did Jensen write this piece in the first place? Why was I asked to address it? Why did I so quickly say yes?

Let me respond.


Justice Brennan's Gender Jurisprudence, Rebecca Korzec Oct 1991

Justice Brennan's Gender Jurisprudence, Rebecca Korzec

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During his thirty-four year tenure on the Supreme Court, Justice William Joseph Brennan, Jr. demonstrated unparalleled sensitivity to the protection of individual rights. Justice Brennan's landmark opinions included Baker v. Carr, Goldberg v. Kelly, and New York Times Co. v. Sullivan. before Brennan, Supreme Court jurisprudence exalted judicial passivity by employing techniques for avoiding constitutional issues, such as abstention, comity, exhaustion of remedies and the political question doctrine.

Against this background, Brennan became an active judicial voice in a series of innovative landmark cases, including decisions requiring federal officials to pay damages for violation of citizens' constitutional rights; authorizing ...


A Tale Of Two Religions: A Contractual Approach To Religion As A Factor In Child Custody And Visitation Disputes, Rebecca Korzec Jul 1991

A Tale Of Two Religions: A Contractual Approach To Religion As A Factor In Child Custody And Visitation Disputes, Rebecca Korzec

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This article focuses on the role of religious conflict between parents in determining child custody and visitation disputes. It suggests a framework for reconciling parental control over religious observance and training with the state's duty to protect the child's best interests. First, it examines the history of English and American child custody law and analyzes modern custody cases in which religion is a factor. Next, it addresses the alarming recent attempt by courts to resolve religious disputes with a shared custody approach, awarding 'spiritual custody' to one parent and 'physical custody' to the other. Finally, this article proposes ...


Our First Televised Genocide, Kenneth Lasson Apr 1991

Our First Televised Genocide, Kenneth Lasson

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It is absolutely appalling that we have come so casually to observe the carnage, so passively to view the starvation over breakfast papers or dinnertime newscasts, so helplessly to watch these totally bereft human beings trudging barefoot over treacherous terrain toward the middle of nowhere.

There are other questions as well, of course, not as easily answered. Where are all their voices now, those demonstrators who so vociferously opposed war, ostensibly out of an overweening reverence for life? Is the latter-day holocaust being systematically perpetrated in northern Iraq any less horrifying than a direct hit on a camouflaged bomb shelter ...


Defining “Co-Party” Within Federal Rule Of Civil Procedure 13(G): Are Cross-Claims Between Original Defendants And Third-Party Defendants Allowable?, John Bessler Apr 1991

Defining “Co-Party” Within Federal Rule Of Civil Procedure 13(G): Are Cross-Claims Between Original Defendants And Third-Party Defendants Allowable?, John Bessler

All Faculty Scholarship

No abstract provided.


Legal Mindstorms: Lawyers, Computers And Powerful Ideas, Ronald W. Staudt Mar 1991

Legal Mindstorms: Lawyers, Computers And Powerful Ideas, Ronald W. Staudt

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No abstract provided.


White On White: Anonymous Tips, Reasonable Suspicion And The Constitution, David S. Rudstein Mar 1991

White On White: Anonymous Tips, Reasonable Suspicion And The Constitution, David S. Rudstein

All Faculty Scholarship

No abstract provided.


Western Water Law, Global Warming, And Growth Limitations, A. Dan Tarlock Mar 1991

Western Water Law, Global Warming, And Growth Limitations, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


Preserving Discretion Without Sacrificing Deterrence: Federal Governmental Liability In Tort, Harold J. Krent Feb 1991

Preserving Discretion Without Sacrificing Deterrence: Federal Governmental Liability In Tort, Harold J. Krent

All Faculty Scholarship

No abstract provided.


The First Duty Of Government: Protection, Liberty And The Fourteenth Amendment, Steven J. Heyman Feb 1991

The First Duty Of Government: Protection, Liberty And The Fourteenth Amendment, Steven J. Heyman

All Faculty Scholarship

No abstract provided.


Confidentiality Of Genetic Information In The Workplace (With A. Jaeger), Lori B. Andrews Feb 1991

Confidentiality Of Genetic Information In The Workplace (With A. Jaeger), Lori B. Andrews

All Faculty Scholarship

No abstract provided.


The Sacred Flag And The First Amendment, Sheldon Nahmod Feb 1991

The Sacred Flag And The First Amendment, Sheldon Nahmod

All Faculty Scholarship

No abstract provided.


Challenging Public Investigative Reports: How To Fight The Hearsay Exception, Steven P. Grossman, Stephen J. Shapiro Feb 1991

Challenging Public Investigative Reports: How To Fight The Hearsay Exception, Steven P. Grossman, Stephen J. Shapiro

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This paper discusses how attorneys can argue against having government and public reports admitted into evidence at trial that would be damaging to their client. When this paper was done, such reports were admitted via Federal Rule of Evidence 803(8)(C). The authors argue that it is possible to challenge admission of factual findings in public reports despite various court decisions which make this difficult.


The Trouble With Protest, Kenneth Lasson Jan 1991

The Trouble With Protest, Kenneth Lasson

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No abstract provided.


Obscured Visions: Policy, Power, And Discretion In Transnational Discovery, David J. Gerber Jan 1991

Obscured Visions: Policy, Power, And Discretion In Transnational Discovery, David J. Gerber

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This Essay addresses issues involving the discovery of information located outside the United States. Specifically, it deals with some of the problems created by the lack of appropriate limits on United States discovery procedures. Professor Gerber first analyzes the extent of judicial discretion in the United States in matters concerning extraterritorial discovery. The analysis encompasses the underlying legal bases for the exercise of discretion as well as the political and institutional factors that influence the uses of discretion.

Next, the Essay focuses on the international consequences of the virtually unlimited discretion courts in the United States exercise in discovery matter ...


Eroding The Myth Of Discretionary Justice In Family Law: The Child Support Experiment, Jane C. Murphy Jan 1991

Eroding The Myth Of Discretionary Justice In Family Law: The Child Support Experiment, Jane C. Murphy

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Reliance on judicial discretion to resolve disputes is one of the most fundamental characteristics of the American legal system. Nowhere have judges exercised more unfettered discretion than in family law. Judicial discretion in this area, however, is not without its critics. In this Article Professor Jane Murphy recommends limiting the use of judicial discretion in family law matters. Professor Murphy argues that the lack of predictability which flows from discretionary decisions undermines our confidence in the equity of decisions and encourages protracted litigation.

Professor Murphy reviews the developing consensus that fixed rules are necessary to guide judges' discretion in divorce ...


1992: High Time For American Lawyers To Learn From Europe, Or Roscoe Pound's 1906 Address Revisited, James Maxeiner Jan 1991

1992: High Time For American Lawyers To Learn From Europe, Or Roscoe Pound's 1906 Address Revisited, James Maxeiner

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Shows how the key points Roscoe Pound made in his famous law reform address point to foreign law study for future reform.


The Expert In U.S. And German Patent Litigation, James Maxeiner Jan 1991

The Expert In U.S. And German Patent Litigation, James Maxeiner

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The expert often plays a crucial role in patent litigation in both Germany and the United States. Determination of facts and application of law to facts frequently require a technical understanding that only an expert can provide. Despite the similarity of the problem of conveying information to the decision-maker, the role of the expert in the two systems and the manner in which the problem of providing technical knowledge necessary for the decision is solved are so very different, that German jurists who transfer their German experiences and expectations over to US procedures, are in danger of experiencing great disappointment ...


To Stimulate, Provoke, Or Incite? Hate Speech And The First Amendment, Kenneth Lasson Jan 1991

To Stimulate, Provoke, Or Incite? Hate Speech And The First Amendment, Kenneth Lasson

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If protecting freedom of speech is one of mankind's noblest pursuits, then restricting it is the most difficult. Yet limit we must: even the purest civil libertarian will concede that false shouts of fire cannot be countenanced nor broadcasts of wartime troop movements; even those who object to obscenity laws recognize the need for enabling redress of libel; and even those who would protect the right to be insulting do not defend inflammatory words spit out nose-to-nose. Now a spate of "speech codes" on college campuses has once again brought the first amendment to the fore, part of a ...


Der Sachverständige In Patentrechtsstreitigkeiten In Den Usa Und Deutschland (The Expert In U.S. And German Patent Litigation), James Maxeiner Jan 1991

Der Sachverständige In Patentrechtsstreitigkeiten In Den Usa Und Deutschland (The Expert In U.S. And German Patent Litigation), James Maxeiner

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Ob in Deutschland oder in den Vereinigten Staaten, der Sachverstaendige spielt haeufig eine entscheidende Rolle in einem Patentrechtsstreit. Die Erforschung der Tatsachen wie auch die Anwendung des Rechts erfordern oft ein technisches Verstaendnis, das nur ein Experte liefern kann. Das Problem, wie diese Informationen demjenigen, der das Urteil faellen muss, nahegebracht werden koennen, stellt sich in beiden Systemen gleichermassen. Allerdings sind die Rolle des Sachverstaendigen und die Art, wie diese Informationen uebertragen werden, hier und dort so verschieden, dass deutsche Juristen schwere Enttaeuschungen, wenn nicht sogar empfindliche Niederlagen befuerchten muessen, wenn sie ihre Vorstellungen und Erfahrungen auf den amerikanischen Prozess ...


Consolidating Judgement Liens, Charles Shafer Jan 1991

Consolidating Judgement Liens, Charles Shafer

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Winning a money judgment is often just the beginning of the lawyer's job in helping the client. The law places the burden on the judgment creditor to find and obtain sufficient assets to satisfy the judgment. There is no penalty (other than accruing interest) for a debtor's failure to pay a judgment creditor. For example, debtors do not have to fear jail in the vast majority of cases. But in attempting to satisfy judgments a lawyer in Maryland, as in other states, faces a thicket of statutes, court rules and case law that have grown up over the ...


Taxing Service Partners To Achieve Horizontal Equity, Henry Ordower Jan 1991

Taxing Service Partners To Achieve Horizontal Equity, Henry Ordower

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Argues that recent judicial and administrative decisions cause the federal income tax law to tax partners who receive their partnership interests in exchange for services more favorably than partners who acquire their partnership interests in exchange for money or property. Such dissimilar treatment undercuts the desired taxation objective of even-handed treatment of all taxpayers.


Exploring The Literary Function Of Law And Litigation In Njal's Saga, Henry Ordower Jan 1991

Exploring The Literary Function Of Law And Litigation In Njal's Saga, Henry Ordower

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This paper argues that whether Njal's Saga (a medieval Icelandic family saga) accurately describes litigation or correctly identifies legal rules in medieval Iceland, those descriptions primarily serve a literary function. The author uses law and litigation to accelerate or retard the plot in order to enhance dramatic tension.