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1992

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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 Apr 1992

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 Apr 1992

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 Apr 1992

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 Apr 1992

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 Apr 1992

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 Apr 1992

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 Apr 1992

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 Apr 1992

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 Apr 1992

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 Apr 1992

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 Apr 1992

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 Apr 1992

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 Apr 1992

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 Apr 1992

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 Apr 1992

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 Apr 1992

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 Apr 1992

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 Apr 1992

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 Apr 1992

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 Apr 1992

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 Apr 1992

Appellate Review Of Evidentiary Rulings, David P. Leonard

North Carolina Law Review

No abstract provided.


Legal Personhood For Artificial Intelligences, Lawrence B. Solum Apr 1992

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 Apr 1992

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 Apr 1992

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 Apr 1992

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 Apr 1992

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 Apr 1992

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 Apr 1992

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 Apr 1992

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 Apr 1992

Presentation By Steven J. Metalitz, Esq., Steven J. Metalitz

University of Dayton Law Review

No abstract provided.