Law Commons^™

Addressing Hate Messages At The University Of Montana: Regulating And Educating, Thomas Huff

Montana Law Review

Addressing Hate Messages at the University of Montana: Regulating and educating

Should Montana Adopt A Civil Justice Reform Act?, Carl Tobias

Montana Law Review

Should Montana Adopt a Civil Justice Reform Act?

Deficiency Judgment Relief In Montana Foreclosures, Margaret K. Bentwood

Montana Law Review

Deficiency Judgment Relief in Montana Foreclosures

Bioethics And The Family: The Cautionary View From Family Law, Carl E. Schneider

Articles

For many years, the field of bioethics has been specially concerned with how the authority to make medical decisions should be allocated between doctor and patient. Today the patient's power-indeed, the patient's right-is widely acknowledged, at least in principle. But this development can hardly be the last word in our thinking about how medical decisions should be made. For one thing, sometimes patients cannot speak for themselves. For another, patients· make medical decisions in contexts that significantly include more participants than just the patient and doctor. Now, as this conference demonstrates, bioethics is beginning to ask what role the patient's …

A Road Less Traveled To A Federal Era, John Paul Jones

Law Faculty Publications

Professor Jones examines efforts to ratify the federal Equal Rights Amendment which ended unsuccessfully in 1982. He argues that efforts to use the federal courts to fill in the gaps in protection of rights based on gender are likely to fall far short of what the Amendment would have provided, and that a renewed attempt at ratification would likely meet the same fate as the earlier one. He suggests a third alternative, U.S. ratification of the Convention on the Elimination of All Forms of Discrimination against Women, as the most feasible means of achieving the goals of the ERA without …

Diversity, Mulitculturalism, And Affirmative Action: Duke, The Nas, And Apartheid, Jerome Mccristal Culp Jr.

Faculty Scholarship

No abstract provided.

The Formal Character Of Law, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.

Takings And The Post-Modern Dialectic Of Property, Gregory S. Alexander

Cornell Law Faculty Publications

Law Review Usage And Suggestions For Improvement: A Survey Of Attorneys, Professors, And Judges, Max Stier, Kelly M. Klaus, Dan L. Bagatell, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

We do not need to worry about the consumers of law reviews because they really do not exist. A few professors who author texts must read some of the articles, but most volumes are purchased to decorate law school library shelves. The only purchasers of law reviews outside of academe are law firms which gladly pay for the volumes even though no one reads them.

Why Is Corrective Justice Just?, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.

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

Cornell Law Faculty Publications

Pity the civil jury, seen by some as the sickest organ of a sick system. Yet the jury has always been controversial. One might suppose that, with so much at stake for so long, we would all know a lot about the ways juries differ from judges in their behavior. In fact, we know remarkably little. This Article provides the first large-scale comparison of plaintiff win rates and recoveries in civil cases tried before juries and judges. In two of the most controversial areas of modern tort law--product liability and medical malpractice--the win rates substantially differ from other cases' win …

The Corporate Officer's Independent Duty As A Tonic For The Anemic Law Of Executive Compensation, Douglas C. Michael

Law Faculty Scholarly Articles

History repeats itself in the law as in other arenas. In the law of executive compensation, such a repetition may be imminent. Ever since the advent of the large industrial corporation in the United States, there has been periodic outrage at payments made to its top executives. This repetition suggests that the law has failed to keep pace with the observed problems. Part I of this Article describes the current and historic uproar over executive compensation in large corporations in the United States. Part II provides the economic background of the process of negotiating executive compensation. Part III analyzes the …

Federal Taxation, Steven C. Evans

Mercer Law Review

The federal tax cases decided by the Eleventh Circuit during 1991 reversed one trend and continued another trend of 1990. The Eleventh Circuit decided a number of procedural tax cases during 1991. This trend is similar to the number of procedural cases decided in years prior to 1990, but is substantially more than the number of procedural cases decided by the Eleventh Circuit in 1990. Cases decided under the Employment Retirement Income Security Act of 1974 ("ERISA"), as amended, continued to constitute the majority of the substantive tax cases decided by the Eleventh Circuit during 1991.

Table Of Contents

The Journal of Law and Education

No abstract provided.

Expelling The Fourth Amendment From American Schools: Students' Rights Six Years After T.L.O., J. M. Sanche

The Journal of Law and Education

No abstract provided.

National Values And Community Values: Part Ii: Equal Educational Opportunity For Limited English Proficient Students, Michael A. Rebell, Anne W. Murdaugh

The Journal of Law and Education

No abstract provided.

Reasoning And Results, Perry A. Zirkel

The Journal of Law and Education

No abstract provided.

Boldly Into The Fog: Limiting Rights Of Recovery For Infliction Of Emotional Distress, Randy J. Cox, Cynthia H. Shott

Montana Law Review

Boldly into the Fog: Limiting rights of recovery for infliction of emotional distress

Assumption Of The Risk In Montana: An Analysis Of The Supreme Court's Treatment Of The Doctrine, Laura D. Hayes

Montana Law Review

Assumption of the Risk in Montana: An analysis of the Supreme Court's treatment of the doctrine

The Constituents Of Democracy: The Individual In The Work Of Madame Justice Wilson, Danielle Pinard

Dalhousie Law Journal

I shall attempt to share with you the impression I have of Judge Wilson's conception of the individual. I will try to present a general view of what occurred to me as I went through the opinions she wrote while at the Supreme Court of Canada, alone or with the assent of her colleagues, dissenting or in agreement with the majority.' I shall try to put together, as honestly as possible, what she explicitly said on the subject in question.

Economic Actors In The Work Of Madame Justice Wilson, Maureen Maloney

Dalhousie Law Journal

One cannot discuss corporate or tax law, or indeed any law for that matter, in a value vacuum. How we interpret, analyse and assess factual situations and the legal analysis of them will differ depending upon our individual, and occasionally, collective or societal perspectives. In the economic sphere, a great deal depends upon one's world view of the primary economic actors in our society - corporations; and the main economic laws - the tax laws. At the outset I should state that a major reason for my disagreement with some of Justice Wilson's decisions is due to the fact that, …

The "Family" In The Work Of Madame Justice Wilson, Mary Jane Mossman

Dalhousie Law Journal

Susan Moller Okin's assertion about the need for justice in families offers a challenging starting point for an assessment of the family in the work of Justice Wilson. Her assertion challenges us for a number of reasons. First, in claiming that justice in the family is a prerequisite to a just society, Okin compels us to focus careful attention on our family relationships if we aspire to a just resolution of our public and political debates. For her, a satisfactory theory of justice can be developed only if it takes account of the structures and power in family relationships, and …

Alvin Benjamin Rubin: One Of Ten, Charles Clark

Louisiana Law Review

No abstract provided.

Judge Rubin And Judicial Management Of The Docket, A. Leo Levin, Russell R. Wheeler

Louisiana Law Review

No abstract provided.

Contents

Louisiana Law Review

No abstract provided.

An Alternative For Illinois Land Use Legislation, Clyde W. Forrest

Northern Illinois University Law Review

This article addresses the need for an interrelated planning component in Illinois land use law. Professor Forrest concludes that the existing legislative model is obsolete and fails to address common problems confronting decision makers. In order to remedy the legislative scheme, Professor Forrest proposes an Integrated Planning Model Act which will facilitate efficiency and consistency in managing land use at every level of government.

Illinois Annexation Agreements--Are We Behind The Times?, Barbara Baran

Northern Illinois University Law Review

Ms. Baran begins her article by discussing the impetus for the Illinois Annexation Agreement Statute. Next, she provides the reader with a thorough analysis of each provision of the statute with particular emphasis on the enforceability of agreements. Ms. Baran notes that uncertainties associated with development make the statute appealing to developers and municipal officials. She believes that the statute provides a sufficient basis for agreements and that it may not be necessary for Illinois to move toward a more specific developer agreement statute. She does, however, promote the position that the statute should be brought up to date and …

The Preclusive Effect Of Unemployment Compensation Determinations In Subsequent Litigation: A Federal Solution, Ann C. Hodges

Law Faculty Publications

This article examines the use of the doctrine of collateral estoppel to preclude litigation of statutory and common law actions challenging employee discharge based on determinations in unemployment compensation proceedings. First, the article reviews the history of the doctrine of collateral estoppel and examines the policies underlying its application. Next, the article reviews unemployment compensation law and analyzes the cases that have considered whether unemployment compensation determinations have preclusive effect in later litigation. After examining the existing law, the article engages in a comparative analysis of the advantages and disadvantages of according preclusive effect to unemployment compensation determinations, in light …

The Public Trust Doctrine And Coastal Zone Management In Washington State, Ralph W. Johnson, Craighton Goeppele, David Jansen, Rachael Paschal

Washington Law Review

The public trust doctrine is an ancient doctrine that has recently emerged as a powerful tool to protect the public interest in tidelands and shorelands. Created and developed by the judiciary, the doctrine's principles have found their way into several of Washington's regulatory statutes, such as the Shoreline Management Act and the Aquatic Lands Act. This Article traces the development of the doctrine in Washington, and explains the relation between the state's police power and the public trust doctrine. This Article also sets forth the current contours of the public trust doctrine in Washington, and charts potential future developments of …

The Duty To Serve And Protect: 42 U.S.C. § 1983 And Police Officers' Liability Following Roadside Abandonment, Michael R. Gotham

Washington Law Review

Courts disagree about whether an individual has a cause of action against a police officer under 42 U.S.C. § 1983 when that officer abandoned the individual in a dangerous environment following a traffic stop. Courts have not uniformly recognized an individual's right to personal security in roadside abandonment cases as fundamental and protected by the Fourteenth Amendment. Also, courts have required plaintiffs in these cases to show that an asserted right was clearly established at the time the officer acted in order to overcome the officer's qualified immunity defense. This requirement often bars plaintiffs from recovering under section 1983. This …