Law Commons^™

Discussion

Cornell Law Review

No abstract provided.

Panel Vi

Cornell Law Review

No abstract provided.

Socialization Of Risk: Bankruptcy Law And Financial Institutions , C. Boyden Gray

Cornell Law Review

No abstract provided.

Regulation And Responsibility: A Note On Banking , Frank H. Easterbrook

Cornell Law Review

No abstract provided.

Chapter 11: A Death Penalty For Debtor And Creditor Interests , Edith H. Jones

Cornell Law Review

No abstract provided.

Why Have A Federal Bankruptcy System , Elizabeth Warren

Cornell Law Review

No abstract provided.

Discussion

Cornell Law Review

No abstract provided.

Mandatory Pro Bono: Comfort For The Poor Or Welfare Of The Rich , Jonathan R. Macey

Cornell Law Review

No abstract provided.

Trial By Jury Or Judge: Transcending Empiricism , Kevin M. Clermont, Theodore Eisenberg

Cornell Law Review

No abstract provided.

Settling For A Judge: A Comment On Clermont And Eisenberg , Samuel R. Gross

Cornell Law Review

No abstract provided.

Intestate Succession Rights Of Adopted Children: Should The Stepparent Exception Be Extended , Lisa A. Fuller

Cornell Law Review

No abstract provided.

The Right To Pension Benefits Under Erisa When A Nonemployee Spouse Predeceases The Employee Spouse, Stacy Lynn Anderson

Washington Law Review

Under the Employee Retirement Income Security Act, retirement benefits cannot be assigned or alienated. In 1984, Congress enacted the Retirement Equity Act (REA) which allowed retirement benefits to be divided between former spouses upon divorce, under a qualified domestic relations order (QDRO). It is unclear whether the restriction on alienation of benefits extended to a transfer of the interests of a nonemployee spouse who predeceases the employee spouse, and if so, whether such a disposition is within the QDRO exception. In a two-to-one decision in Ablamis v. Roper, the Ninth Circuit held that the exception did not extend to such …

Speak Of The Missing Witness, And Surely He Shall Appear: The Missing Witness Doctrine And The Constitutional Rights Of Criminal Defendants—State V. Blair, 117 Wash. 2d 479, 816 P.2d 718 (1991), Carl T. Edwards

Washington Law Review

In State v. Blair, the Washington Supreme Court held for the first time that the state may use the missing witness doctrine against criminal defendants. Under the missing witness doctrine, which provides a permissive inference based on a defendant's failure to present available witnesses, prosecutors may now argue that a defendant failed to call certain witnesses because the defendant feared that their testimony would have been incriminating. This Note examines the court's decision in State v. Blair, the formulation of the missing witness doctrine adopted by the court, and the common law origins of the missing witness doctrine. This Note …

Format Restrictions On Televised Political Advertising: Elevating Political Debate Without Suppressing Free Speech, Timothy J. Moran

Indiana Law Journal

No abstract provided.

Eliminating Sex Discrimination In The Legal Profession: The Key To Widespread Social Reform, Suzannah Bex Wilson

Indiana Law Journal

No abstract provided.

Beyond Maryland V. Craig: Can And Should Adult Rape Victims Be Permitted To Testify By Closed-Circuit Television?, Lisa Hamilton Thielmeyer

Indiana Law Journal

No abstract provided.

The Retributive Theory Of "Just Deserts" And Victim Participation In Plea Bargaining, David A. Starkweather

Indiana Law Journal

No abstract provided.

Office Of Administrative Law, L. Rainey

California Regulatory Law Reporter

No abstract provided.

The Moral Labyrinth Of Zealous Advocacy, James R. Elkins

Law Faculty Scholarship

No abstract provided.

Europe 1992: Toward A Single Energy Market, Michael E. Arruda, Klaus H. Burmeister

Tulsa Law Review

No abstract provided.

Mexico: Energy Development And The State Oil Company, Gary B. Conine

Tulsa Law Review

No abstract provided.

Finding Limitations On The Federal Courts' Inherent Power To Sanction: Chambers V. Nasco, Inc., Jennifer Mcconnell Treece

Tulsa Law Review

No abstract provided.

Table Of Contents

Tulsa Law Review

No abstract provided.

Constitutional Criminal Law, Peggy Natale, Anthony J. Natale

Mercer Law Review

Last year, the Eleventh Circuit examined some interesting constitutional issues that affect defendants in criminal cases. What follows are the most significant of those constitutional issue cases, and an additional criminal case of first impression to the Eleventh Circuit Court of Appeals. The authors have made no effort to provide an exhaustive digest of all the court's opinions for the 1991 year.

• First Amendment
• Fourth Amendment
• Fifth Amendment
• Sixth Amendment
• Case of First Impression

Antitrust, Carl W. Mullis Iii

Mercer Law Review

In 1991, the Eleventh Circuit ruled on eight full-blown federal antitrust decisions. Although the courts below found for defendants in each of these cases, the Eleventh Circuit found primarily for plaintiffs in three of the cases, for defendants in four of the cases, and for both plaintiffs and defendants in one case. Several of the cases are significant in that they either explore new areas in the antitrust law or have the potential for nationwide influence. Most of the cases simply build on previous holdings of the Eleventh Circuit and are well reasoned. One or two cases, however, contain some …

Bankruptcy, W. Homer Drake Jr., James W. Dilz

Mercer Law Review

During 1991, the United States Court of Appeals for the Eleventh Circuit decided eighteen cases arising under or related to the Bankruptcy Code. These cases can be classified under the general headings of: Jurisdiction, preferences, claims against' the estate, discharge and dischargeability, substantive consolidation, and attorney fees. This Article is a survey of each of the decisions rendered by the Eleventh Circuit in 1991.

Evidence, Marc T. Treadwell

Mercer Law Review

For the past several years, the State Bar of Georgia has lobbied vigorously for the adoption of a new Georgia Evidence Code based upon the Federal Rules of Evidence. Few would dispute that the existing Georgia Evidence Code, which really is not a code at all but rather an amorphous amalgam of disjointed statutes and thousands of judicial decisions, is in need of revision. Apparently, however, there is considerable dispute regarding exactly what changes should be made.

The proposed Georgia Rules of Evidence is the product of an intensive study by the State Bar of the deficiencies of the existing …

Labor Law, David P. Phippen, Regine N. Zuber

Mercer Law Review

This Article examines significant decisions issued during 1991 by the United States Court of Appeals for the Eleventh Circuit in the areas of traditional labor law and employee benefits. More specifically, the cases addressed include noteworthy decisions under the National Labor Relations Act ("NLRA"), the Labor-Management Relations Act ("LMRA"), the Labor-Management Reporting and Disclosure Act of 1959 ("LMRDA"), the Fair Labor Standards Act of 1938 ("FLSA"), and the Employee Retirement Income Security Act of 1974 ("ERISA").

Trial Practice And Procedure, Benton J. Mathis Jr., Leigh C. Lawson

Mercer Law Review

This Article surveys the 1991 decisions of the Eleventh Circuit Court of Appeals that made a significant impact upon the area of trial practice and procedure. One of the most important developments in this area of law occurred in the case Wright v. Preferred Research, Inc. In Wright the Eleventh Circuit examined closely Federal Rule of Civil Procedure 58 and, in a case of first impression, held that when a district court amends a judgment, Rule 58 did not require that a separate document, setting out the terms of the remitted judgment, be entered before the time for the appeal …

United States V. Elgersma: The Burden Of Proof In Criminal Forfeiture Proceedings Under 21 U.S.C. § 853, James D. Tolliver

Mercer Law Review

In United States v. Elgersma, the Eleventh Circuit Court of Appeals decided the issue of what burden of proof applies to a criminal forfeiture proceeding under section 853 of the Comprehensive Crime Control Act of 19842 ("section 853"). After examining the legislative history of section

853 and case law- from its own and other circuits, the court held that criminal forfeiture is a criminal charge requiring the government to prove the guilt of the accused beyond a reasonable doubt. A majority of the court rejected Judge Anderson's concurring opinion in which he argued that criminal forfeiture is an element …