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Articles 1951 - 1980 of 7926
Full-Text Articles in Law
Criminal Procedure—Harmless Error—Coerced Confession Is No Longer Grounds For Automatic Reversal Of A Trial. Arizona V. Fulminante, 111 S. Ct. 1246 (1991)., Lynn Trulock Ravellette
Criminal Procedure—Harmless Error—Coerced Confession Is No Longer Grounds For Automatic Reversal Of A Trial. Arizona V. Fulminante, 111 S. Ct. 1246 (1991)., Lynn Trulock Ravellette
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—Indigent Defense—Arkansas Statutory Fee And Expense Limitations Unconstitutional. Arnold V. Kemp, 306 Ark. 294, 813 S.W.2d 770 (1991)., Terri Schull
University of Arkansas at Little Rock Law Review
No abstract provided.
Unlocking The Fire: A Proposal For Judicial Or Legislative Determination Of The Ownership Of Coalbed Methane, Jeff L. Lewin, Hema J. Siriwardane, Samuel J. Ameri, Syd S. Peng
Unlocking The Fire: A Proposal For Judicial Or Legislative Determination Of The Ownership Of Coalbed Methane, Jeff L. Lewin, Hema J. Siriwardane, Samuel J. Ameri, Syd S. Peng
West Virginia Law Review
No abstract provided.
Feminist Legal Theory And The Reading Of O'Brien V. Cunard, Ann C. Shalleck
Feminist Legal Theory And The Reading Of O'Brien V. Cunard, Ann C. Shalleck
Missouri Law Review
In July 1889, Mary O'Brien, a young, Irish, immigrant woman traveling to Boston in steerage on the "Catalonia," a ship of the Cunard Steamship Company, was given, against her will, a smallpox vaccine by Dr. I.T.M. Giffen, the ship's doctor. The vaccine left her body covered with sores and blisters. Two years later, in O'Brien v. Cunard Steamship Co.,' the Supreme Judicial Court of Massachusetts in an opinion written by Judge Knowlton held that the trial court had ruled correctly that Mary O'Brien's claims for battery and negligence could not even go to the jury. The appellate court agreed with …
Traditionalist's Approach To Teaching O'Brien And To Ideology In The Classroom, A, Richard W. Bourne
Traditionalist's Approach To Teaching O'Brien And To Ideology In The Classroom, A, Richard W. Bourne
Missouri Law Review
The goal of our program on "Ideology in the Classroom" initially was to explore the proper role of ideology in the classroom with the help of representatives of critical race theory, law and economics, feminist legal thought, and critical legal studies. From the perspective of the original planners of the program, the discussion of a case like O'Brien v. Cunard Steamship Co., were viewed simply as a means to that end. During the implementation of the program, a second set of goals began to emerge: each of the "representatives" saw participation in the program as a opportunity to "showcase" his …
Proportionality And The Eighth Amendment: And Their Object Not Sublime, To Make The Punishment Fit The Crime, Aisha Ginwalla
Proportionality And The Eighth Amendment: And Their Object Not Sublime, To Make The Punishment Fit The Crime, Aisha Ginwalla
Missouri Law Review
In June 1991, the United States Supreme Court, in Harmelin v. Michigan, considered anew whether the Eighth Amendment clause prohibiting cruel and unusual punishment includes a proportionality requirement. The Court addressed the question: Is there a constitutional requirement that the length of a sentence be tailored to fit the crime? The opinions are closely divided, and reveal strong disagreement among the Justices over a wide array of constitutional issues, such as the historical standards to be used in interpreting the Constitution, the deference due to the principles of federalism, the limits of judicial review, and the balance to be struck …
Municipal Antitrust Immunity After City Of Columbia V. Omni Outdoor Advertising, Inc., 111 S. Ct. 1344 (1991), Brent S. Kinkade
Municipal Antitrust Immunity After City Of Columbia V. Omni Outdoor Advertising, Inc., 111 S. Ct. 1344 (1991), Brent S. Kinkade
Washington Law Review
For most of this century, states and municipalities were immune from liability for anticompetitive action. However, in City of Lafayette v. Louisiana Power & Light Co., the Supreme Court sharply limited antitrust immunity for municipalities. The Lafayette Court held that municipal immunity only applied to municipalities following a clearly articulated state policy. In City of Columbia v. Omni Outdoor Advertising, Inc, the Supreme Court has expanded the immunity available to municipalities by requiring only that a municipality's actions be a foreseeable result of a specific grant of state authority. This Note examines the history of municipal immunity and the Omni …
Abusive Discretion: Discretionary And Supplemental Trusts Created In Settlement Of Personal Injury Claims, Brad Jones Berkness
Abusive Discretion: Discretionary And Supplemental Trusts Created In Settlement Of Personal Injury Claims, Brad Jones Berkness
Washington Law Review
Discretionary and supplemental trusts are often created in settlement of personal injury lawsuits to shield the settlement proceeds from the beneficiary's care-provider's claims. Washington courts provide no clear direction on creditor access to such trusts. This Comment argues for a legislative provision in Washington that makes these trusts accessible to creditors who provide necessities to an injured party. This Comment argues for allowing access regardless of any discretion or supplemental support language in the trust, because these trusts are self-settled and violate public policy.
Equity Renewed: Preliminary Injunctions To Secure Potential Money Judgments, Rhonda Wasserman
Equity Renewed: Preliminary Injunctions To Secure Potential Money Judgments, Rhonda Wasserman
Washington Law Review
Whenever a plaintiff sues a defendant for money damages, she runs the risk that the defendant will attempt to render herself unable to satisfy the expected money judgment by hiding or dissipating assets. Although most states have statutes that authorize prejudgment attachment of the defendant's assets to prevent this result, the attachment statutes are poorly designed to reduce the plaintiff's risk. The attachment statutes are both under- and over-inclusive: they do not authorize the attachment of property located outside the state, thereby failing to prevent the dissipation of all of the defendant's property, yet they grant the plaintiff a lien …
Paying For Environmental Cleanup Under C.E.R.C.L.A.: A Survey Of The State Of The Law In The Fourth Circuit, Kerry Anne Doyle
Paying For Environmental Cleanup Under C.E.R.C.L.A.: A Survey Of The State Of The Law In The Fourth Circuit, Kerry Anne Doyle
William & Mary Environmental Law and Policy Review
No abstract provided.
1992 Virginia Legislative Summary, Editors Of The William & Mary Environmental Law And Policy Review
1992 Virginia Legislative Summary, Editors Of The William & Mary Environmental Law And Policy Review
William & Mary Environmental Law and Policy Review
The following are synopses of forty-four pieces of important legislation concerning Virginia's natural environment that the General Assembly enacted and the Governor signed into law in 1992, as of April 6, 1992.
The Quad (The Spring 1992 Alumni Magazine), Southern Methodist University, School Of Law
The Quad (The Spring 1992 Alumni Magazine), Southern Methodist University, School Of Law
The Quad (Law Alumni Magazine), 1988-present
• Atwell Lecturers in Constitutional Law: Regulation of Offensive Speech and the First Amendment
• Corporate Governance: Topic at 4th Meeting of School's Corporate Counsel's Council
• Judge Nathaniel R. Jones Gives Murrah Lecture on Advice and Consent Revisited
• SMU Law School Announces Publication of Second Graduate Directory
• Latvian and Ukrainian Students Study Comparative and International Law at SMU
• Office of Career Services Available for Law School Graduates
• Southwestern Law Journal Changes its Name to SMU Law Review
• Criminal Clinic: Classes Go to Court for Trial Experience
Balancing The Need For Enhanced Sentences For Perjury At Trial Under Section 3c1.1 Of The Sentencing Guidelines And The Defendant's Right To Testify, Peter J. Henning
Balancing The Need For Enhanced Sentences For Perjury At Trial Under Section 3c1.1 Of The Sentencing Guidelines And The Defendant's Right To Testify, Peter J. Henning
Law Faculty Research Publications
No abstract provided.
When, If Ever, Does Evidentiary Error Constitute Reversible Error, Margaret A. Berger
When, If Ever, Does Evidentiary Error Constitute Reversible Error, Margaret A. Berger
Loyola of Los Angeles Law Review
No abstract provided.
The Law Of Evidence And The Idea Of Progress, Michael S. Ariens
The Law Of Evidence And The Idea Of Progress, Michael S. Ariens
Loyola of Los Angeles Law Review
No abstract provided.
Scholarly And Institutional Challenges To The Law Of Evidence: From Bentham To The Adr Movement, Laird C. Kirkpatrick
Scholarly And Institutional Challenges To The Law Of Evidence: From Bentham To The Adr Movement, Laird C. Kirkpatrick
Loyola of Los Angeles Law Review
No abstract provided.
Meta-Evidence: Do We Need It, Christopher B. Mueller
Meta-Evidence: Do We Need It, Christopher B. Mueller
Loyola of Los Angeles Law Review
No abstract provided.
The Whole Truth: How Rules Of Evidence Make Lawyers Deceitful, Bruce A. Green
The Whole Truth: How Rules Of Evidence Make Lawyers Deceitful, Bruce A. Green
Loyola of Los Angeles Law Review
No abstract provided.
Rules Of Evidence And Substantive Policy, David P. Leonard
Rules Of Evidence And Substantive Policy, David P. Leonard
Loyola of Los Angeles Law Review
No abstract provided.
Publish Or Carriage: Approaches To Analyzing The First Amendment Rights Of Telephone Companies, Angela J. Campbell
Publish Or Carriage: Approaches To Analyzing The First Amendment Rights Of Telephone Companies, Angela J. Campbell
North Carolina Law Review
No abstract provided.
Appellate Review Of Evidentiary Rulings, David P. Leonard
Appellate Review Of Evidentiary Rulings, David P. Leonard
North Carolina Law Review
No abstract provided.
Legal Personhood For Artificial Intelligences, Lawrence B. Solum
Legal Personhood For Artificial Intelligences, Lawrence B. Solum
North Carolina Law Review
No abstract provided.
Concerned Citizens Of Brunswick County Taxpayers Ass'n V. Holden Beach Enterprises: Preserving Beach Access Through Public Prescription, William A. Dossett
Concerned Citizens Of Brunswick County Taxpayers Ass'n V. Holden Beach Enterprises: Preserving Beach Access Through Public Prescription, William A. Dossett
North Carolina Law Review
No abstract provided.
Originality And Creativity In Copyright Law, Howard B. Abrams
Originality And Creativity In Copyright Law, Howard B. Abrams
Law and Contemporary Problems
Copyright law can be broadly viewed as a system that seeks an appropriate balance between the rights of authors and publishers with the rights of users and consumers. The case of "Feist Publications Inc vs Rural Telephone Service Co" is discussed.
Reality As Artifact: From Feist To Fair Use, Wendy J. Gordon
Reality As Artifact: From Feist To Fair Use, Wendy J. Gordon
Law and Contemporary Problems
The Supreme Court case "Feist Publications Inc vs Rural Telephone Service Co" is examined. Although the court's decision was correct, its reasoning is deeply flawed.
Nation, Duration, Violation, Harmonization: An International Copyright Proposal For The United States, David Nimmer
Nation, Duration, Violation, Harmonization: An International Copyright Proposal For The United States, David Nimmer
Law and Contemporary Problems
Throughout most of its history, the US has adopted copyright laws independent of the outside world. That changed in 1989 when Congress joined the Berne Convention.
Computer Programs, User Interfaces, And Section 102(B) Of The Copyright Act Of 1976: A Critique Of Lotus V. Paperback, Pamela Samuelson
Computer Programs, User Interfaces, And Section 102(B) Of The Copyright Act Of 1976: A Critique Of Lotus V. Paperback, Pamela Samuelson
Law and Contemporary Problems
The Supreme Court's landmark ruling "Lotus Development Corp vs Paperback Software International" is critiqued. The ruling did not resolve the issue of whether copyright law protects user interfaces.
The Copyright Office And The Formal Requirements Of Registration Of Claims To Copyright, Marybeth Peters
The Copyright Office And The Formal Requirements Of Registration Of Claims To Copyright, Marybeth Peters
University of Dayton Law Review
No abstract provided.
Front Matter, Volume 17, Number 3, University Of Dayton
Front Matter, Volume 17, Number 3, University Of Dayton
University of Dayton Law Review
Table of contents, Volume 17, Number 3
Presentation By Steven J. Metalitz, Esq., Steven J. Metalitz
Presentation By Steven J. Metalitz, Esq., Steven J. Metalitz
University of Dayton Law Review
No abstract provided.