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1991

Faculty Scholarship

Discipline
Institution
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Articles 1 - 30 of 169

Full-Text Articles in Law

Racial Discrimination In Business Transactions, Robert E. Suggs Dec 1991

Racial Discrimination In Business Transactions, Robert E. Suggs

Faculty Scholarship

When the Supreme Court invalidated a municipal minority business set-aside in City of Richmond v. J.A. Croson Co., it failed to recognize the special circumstances confronting the minority entrepreneur. Contrary to the Court’s own erroneous assertion that “[s]tates and their local subdivisions have many legislative weapons at their disposal both to punish and prevent present [business] discrimination ….” – they do not. Nor can they create effective antidiscrimination remedies as a practical matter. As a result that decision leaves minority business owners vulnerable to discrimination from other business firms but without a remedy. Part I identifies the glaring failure ...


The Pending Gauntlet To Free Exercise: Mandating That Clergy Report Child Abuse, Michael T. Flannery Nov 1991

The Pending Gauntlet To Free Exercise: Mandating That Clergy Report Child Abuse, Michael T. Flannery

Faculty Scholarship

No abstract provided.


Star Gazing: The Future Of American Products Liability Law, Aaron Twerski, J. A. Henderson Nov 1991

Star Gazing: The Future Of American Products Liability Law, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.


Closing The American Products Liability Frontier: The Rejection Of Liability Without Defect, Aaron Twerski, J. A. Henderson Nov 1991

Closing The American Products Liability Frontier: The Rejection Of Liability Without Defect, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.


Federalism And The Prevention Of Groundwater Contamination, Denise D. Fort Nov 1991

Federalism And The Prevention Of Groundwater Contamination, Denise D. Fort

Faculty Scholarship

Pending


Real Property: 1991 Survey Of Florida Law, Ronald B. Brown Oct 1991

Real Property: 1991 Survey Of Florida Law, Ronald B. Brown

Faculty Scholarship

No abstract provided.


The Violence Of Privacy, Elizabeth M. Schneider Jul 1991

The Violence Of Privacy, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.


Greenmail, The Control Premium And Shareholder Duty, Roberta S. Karmel Jul 1991

Greenmail, The Control Premium And Shareholder Duty, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


The Second Circuit's Role In Expanding The Sec's Jurisdiction Abroad, Roberta S. Karmel Jul 1991

The Second Circuit's Role In Expanding The Sec's Jurisdiction Abroad, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


The Second Circuit's Role In Expanding The Sec's Jurisdiction Abroad, Roberta S. Karmel Jul 1991

The Second Circuit's Role In Expanding The Sec's Jurisdiction Abroad, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


L'Harmonie Dissonante: Strict Products Liability Attempted In The European Community, Anita Bernstein Jul 1991

L'Harmonie Dissonante: Strict Products Liability Attempted In The European Community, Anita Bernstein

Faculty Scholarship

No abstract provided.


Choosing Federal Court For Determination Of State Law Questions, Ted Occhialino Jul 1991

Choosing Federal Court For Determination Of State Law Questions, Ted Occhialino

Faculty Scholarship

The combined effect of Erie R. R. Co. v. Tompkins, 304 US. 64, 82 L Ed. 1188, 58 S. Ct 817 (1938) and proliferating certification statutes is to diminish, but not eliminate, the advantage that a litigant might gain from having a federal Judge, rather than a state court, construe state law. There continue to be cases in which the opportunity for a more favorable interpretation of state law in federal court will be an important and possibly determinative factor in choosing a federal court for the resolution of claims based upon state law. The possibility of a favorable "Erie ...


Through The Looking Glass Darkly: Cleveland V. Piper Aircraft And Second Collision Liability, David J. Stout Jul 1991

Through The Looking Glass Darkly: Cleveland V. Piper Aircraft And Second Collision Liability, David J. Stout

Faculty Scholarship

The holding in Clevland v. Piper Aircraft Corpororation is in direct conflict with the analysis for the tort of crashworthiness and operates to undermine the fundamental social policies which formed the basis for the tort of crashworthiness. A thorough understanding of the Tenth Circuit's opinion, which is not binding on New Mexico state courts, and the reasons why the court misconstrued New Mexico law is essential for the successful prosecution of a crashworthiness case


The Archipelagic States Concept And Regional Stability In Southeast Asia, Charlotte Ku Jul 1991

The Archipelagic States Concept And Regional Stability In Southeast Asia, Charlotte Ku

Faculty Scholarship

For the Philippines and Indonesia, adoption by the Third Law of the Sea Conference in the 1982 Law of the Sea Convention (1982 LOS Convention) of Articles 46-54 on "Archipelagic States," marked the capstone of the two countries' efforts to win international recognition for the archipelagic principle. For both, acceptance by the international community of this principle was an important step in their political development from a colony to a sovereign state. Their success symbolized independence from colonial status and their role in the shaping of the international community in which they live.


Introduction: The Right To Die After Cruzan, Diane E. Hoffmann Jun 1991

Introduction: The Right To Die After Cruzan, Diane E. Hoffmann

Faculty Scholarship

No abstract provided.


Of Mice But Not Men: Problems Of The Randomized Clinical Trial, Samuel Hellman, Deborah Hellman May 1991

Of Mice But Not Men: Problems Of The Randomized Clinical Trial, Samuel Hellman, Deborah Hellman

Faculty Scholarship

No abstract provided.


International Securities Regulation: London's "Big Bang" And The European Securities Markets, Roberta S. Karmel May 1991

International Securities Regulation: London's "Big Bang" And The European Securities Markets, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


Copyrights And State Liability, Beryl R. Jones-Woodin May 1991

Copyrights And State Liability, Beryl R. Jones-Woodin

Faculty Scholarship

No abstract provided.


Real Property-Florida Supreme Court Survey, Ronald B. Brown Apr 1991

Real Property-Florida Supreme Court Survey, Ronald B. Brown

Faculty Scholarship

No abstract provided.


The Influence Of Law And Lawyers On Patient Care, Diane E. Hoffmann Mar 1991

The Influence Of Law And Lawyers On Patient Care, Diane E. Hoffmann

Faculty Scholarship

No abstract provided.


Court-Ordered Adr: What Are The Limits?, Nancy A. Welsh Mar 1991

Court-Ordered Adr: What Are The Limits?, Nancy A. Welsh

Faculty Scholarship

Increasingly, courts across the country are turning to non-judicial dispute resolution processes - "alternative dispute resolution" or "ADR" - to handle overwhelming caseloads.' Proponents of non-judicial processes state that ADR benefits courts and litigants by reducing the time between the filing and disposition of cases, saving judges' time so that they are available for the cases that really need them, saving money for the parties to the suit, and perhaps most importantly, increasing litigants' satisfaction with the manner in which their disputes are resolved.

A growing body of empirical evidence has begun to support the proponents' claims. A study of court-annexed arbitration ...


The Constitutional Law Of German Unification, Peter E. Quint Jan 1991

The Constitutional Law Of German Unification, Peter E. Quint

Faculty Scholarship

No abstract provided.


Medical Treatment Decisions And Competency In The Eyes Of The Law: A Brief Survey, Patricia D. White, Susan J. Hankin Jan 1991

Medical Treatment Decisions And Competency In The Eyes Of The Law: A Brief Survey, Patricia D. White, Susan J. Hankin

Faculty Scholarship

No abstract provided.


Towards Parity In Bar Passage Rates And Law School Performance: Exploring The Sources Of Disparities Between Racial And Ethnic Groups, Katherine L. Vaughns Jan 1991

Towards Parity In Bar Passage Rates And Law School Performance: Exploring The Sources Of Disparities Between Racial And Ethnic Groups, Katherine L. Vaughns

Faculty Scholarship

No abstract provided.


Beyond Parens Patriae: Assuring Timely, Informed, Compassionate Decicisionmaking For Hiv-Positive Children In Foster Care, Deborah J. Weimer Jan 1991

Beyond Parens Patriae: Assuring Timely, Informed, Compassionate Decicisionmaking For Hiv-Positive Children In Foster Care, Deborah J. Weimer

Faculty Scholarship

No abstract provided.


Book Review: Slave Law In The Americas, David S. Bogen Jan 1991

Book Review: Slave Law In The Americas, David S. Bogen

Faculty Scholarship

No abstract provided.


Women's Work, Jana B. Singer Jan 1991

Women's Work, Jana B. Singer

Faculty Scholarship

No abstract provided.


A Half Century Of The Maryland Law Review, William L. Reynolds Jan 1991

A Half Century Of The Maryland Law Review, William L. Reynolds

Faculty Scholarship

No abstract provided.


Multiple Permits, Temporary Takings, And Just Compensation, Garrett Power Jan 1991

Multiple Permits, Temporary Takings, And Just Compensation, Garrett Power

Faculty Scholarship

No abstract provided.


Allocating The Costs Of Parental Free Exercise : Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment, Paula A. Monopoli Jan 1991

Allocating The Costs Of Parental Free Exercise : Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment, Paula A. Monopoli

Faculty Scholarship

No abstract provided.