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1992

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Articles 2131 - 2160 of 7927

Full-Text Articles in Law

Ideology Of Legal Reasoning In The Classroom, The, Jay M. Feinman Apr 1992

Ideology Of Legal Reasoning In The Classroom, The, Jay M. Feinman

Missouri Law Review

The other papers in this symposium stress the importance of expanding our inquiry into cases such as O'Brien v. Cunard Steamship Co.' In this essay I discuss how the process of legal reasoning, as it ordinarily is conducted in first-year classes, introduces its own element of ideological distortion. My proposition is that, because of that ideological distortion, the moves suggested by the other symposiasts are important but limited.

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Law & Economics Perspective On A Traditional Torts Case: Insights For Classroom And Courtroom, A, Robert H. Lande Apr 1992

Law & Economics Perspective On A Traditional Torts Case: Insights For Classroom And Courtroom, A, Robert H. Lande

Missouri Law Review

An analysis of O'Brien v. Cunard Steamship Co. readily demonstrates how economic concepts can help enlighten legal thought, enable judges and lawmakers to select optimal legal rules, and assist law students and others to understand the implications of alternative legal decisions. Because O'Brien has several aspects that can be explained quite well through the economic approach, the case also could be used to teach a number of important economic insights that often provide useful aids to legal analysis. O'Brien also contains issues for which economic analysis is less important. Because a complete study of O'Brien would involve both economic and …

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Dna Fingerprinting: A Guide To Admissibility And Use, Ricardo Fontg Apr 1992

Dna Fingerprinting: A Guide To Admissibility And Use, Ricardo Fontg

Missouri Law Review

Forensic scientists have long hoped for the ability "to identify the origin of blood and body-fluid stains with the same degree of certainty as finger- prints."' Recent advances in recombinant deoxyribonucleic acid ("DNA") research offer scientists the necessary technology. Consequently, DNA technology now provides the judicial system with a powerful new test to identify criminal suspects and to trace paternity. This Comment discusses the current law regarding DNA fingerprinting.

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Mandatory Retirement For Missouri Judges, Paul Scott Penticuff Apr 1992

Mandatory Retirement For Missouri Judges, Paul Scott Penticuff

Missouri Law Review

When an employee is forced from employment on a basis other than performance it seems to offend the concept of fairness. In the cases involving the mandatory retirement of state court judges, however, the harsh result for the affected judges must be balanced against society's interest in a competent judiciary. Although advancing age usually does not render a judge incompetent, the approach of legislators and voters has been to err on the side of caution, basing the mandatory retirement mechanism on the arbitrary factor of age. When these two interests collide, the result changes the balance between individual rights and …

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Edmonson V. Leesville Concrete Co.: Has Batson Been Stretched Too Far, Melissa C. Hinton Apr 1992

Edmonson V. Leesville Concrete Co.: Has Batson Been Stretched Too Far, Melissa C. Hinton

Missouri Law Review

Peremptory challenges have a long history, dating back to 1305 in England. In Swain v. Alabama, Justice Byron R. White stated, "[t]he persistence of peremptories and their extensive use demonstrate the long and widely held belief that peremptory challenge is a necessary part of trial by jury." Peremptory challenges enable litigants to exclude potential jurors "without a reason stated, without inquiry and without being subject to the court's control.", In Batson v. Kentucky, however, decided in 1986, the Supreme Court restricted the power of prosecutors to exercise peremptory challenges based solely upon race. This Note discusses the facts and holding …

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Stripping Away First Amendment Protection, Daniel Yves Hall Apr 1992

Stripping Away First Amendment Protection, Daniel Yves Hall

Missouri Law Review

In Barnes v. Glen Theatre, Inc., the Supreme Court ruled that nude dancing was expressive activity and thus protected by the First Amendment. The Court also held, however, that it was constitutionally permissible for a state to prohibit the activity in that there was a sufficiently important governmental interest in the regulation of nude dancing. This Note will first briefly outline the legal background pertaining to First Amendment protection of nude dancing.

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Expansion Of The Automobile Exception To The Warrant Requirement: Police Discretion Replaces The Neutral And Detached Magistrate, Steven D. Soden Apr 1992

Expansion Of The Automobile Exception To The Warrant Requirement: Police Discretion Replaces The Neutral And Detached Magistrate, Steven D. Soden

Missouri Law Review

As illegal drug usage continues to be an increasing concern of this country, the United States Supreme Court has lessened Fourth Amendment constraints on law enforcement officials. Because of the nature of drugs (minute amounts are illegal and thus they are easily transported and hidden), the allowable scope of searches is a critical issue in the "war on drugs." Regardless of whether the Court had drugs in mind when it set forth this new rule, it is drug related offenses where this decision will have the visible impact.

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Motions 1992 Volume 5 Number 8, University Of San Diego School Of Law Student Bar Association Mar 1992

Motions 1992 Volume 5 Number 8, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

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A Message From The Dean, Willaim Robinson Mar 1992

A Message From The Dean, Willaim Robinson

University of the District of Columbia Law Review

No abstract provided.

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Beyond The New Property: The Right To Become And Remain Productive, Edgar S. Cahn Mar 1992

Beyond The New Property: The Right To Become And Remain Productive, Edgar S. Cahn

University of the District of Columbia Law Review

The sixties and seventies saw the creation of new rights and the expansion of old ones in response to discrimination, disenfranchisement, and poverty. The new rights were both participatory rights' and substantive rights.2 They effected a redistribution of wealth and power. Essentially, they were rights to consume and rights to share. We called these rights "The New Property."3 As we moved from an era of sustained growth and surplus to budget deficits and trade deficits, we have been less willing to address social problems by expansion of those rights. Political and judicial receptivity to further redistribution diminished sharply.' Litigation seeking …

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Victimization, The Poor, And Payne V. Tennessee, Richard Bender Abell Mar 1992

Victimization, The Poor, And Payne V. Tennessee, Richard Bender Abell

University of the District of Columbia Law Review

No abstract provided.

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The War On Poverty: A Civilian Perspective, Edgar S. Cahn, Jean C. Cahn Mar 1992

The War On Poverty: A Civilian Perspective, Edgar S. Cahn, Jean C. Cahn

University of the District of Columbia Law Review

This article does two things: it articulates a vision and it lays out a specific blueprint. The core of the vision regards legal representation as "a form of enfranchisement, as an attempt to institutionalize the functions of dissent and criticism, and as a means of revitalizing the democratic process." This explains why the article triggered a movement that was perceived as going beyond the orthodox delivery of legal aid. While others legislate or purport to breath life into the democratic process, lawyers, in their unique role as advocates, discharge a constitutionally protected role. And in light of the retaliation to …

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Health-Care Rights Of The Poor: An Introduction, Michele Melden, Michael Parks, Laura Rosenthal Mar 1992

Health-Care Rights Of The Poor: An Introduction, Michele Melden, Michael Parks, Laura Rosenthal

University of the District of Columbia Law Review

Improving access to health care is a high priority for low-income people and their advocates. A variety of tools exist to establish legal rights to reimbursement and services. Mastery of these tools can provide dramatic improvements in the lives of the poor. This article provides a brief overview of the primary reimbursement sources for health care-Medicaid, Medicare, private insurance, and state and county indigent care programs. It covers the issues involved in and approaches to insuring the uninsured. It also explains the protection of access to health care provided by the Hill-Burton program, emergency room law, and civil rights. Basic …

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Legal Services: Has It Succeeded?, Alan W. Houseman Mar 1992

Legal Services: Has It Succeeded?, Alan W. Houseman

University of the District of Columbia Law Review

No abstract provided.

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Child Support Enforcement For Low-Income Children: Part Of The Problem Or Part Of The Solution?, Paula Roberts Mar 1992

Child Support Enforcement For Low-Income Children: Part Of The Problem Or Part Of The Solution?, Paula Roberts

University of the District of Columbia Law Review

No abstract provided.

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The New Law Governing General Public Assistance, Sarah Mulken Mar 1992

The New Law Governing General Public Assistance, Sarah Mulken

University of the District of Columbia Law Review

No abstract provided.

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A Tragic View Of Poverty Law Practice, Paul R. Tremblay Mar 1992

A Tragic View Of Poverty Law Practice, Paul R. Tremblay

University of the District of Columbia Law Review

Poverty lawyers, we are told, can do as much harm as good for their clients. This humbling theme has been a fixture in the literature and research surrounding the role of lawyers for the poor for some time. The theme captures several deep truths about poverty law. It reminds us that lawyers for the poor can, and do, exclude their clients in the work that they do, view the lives of clients through the distorted prism of law training and law practice, and tend to expend their energies on remedies and processes, largely litigation oriented, which are unlikely to lead …

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An Integrated Jurisprudence And Its Influence In Fighting Poverty, Kevin L. O'Shea Mar 1992

An Integrated Jurisprudence And Its Influence In Fighting Poverty, Kevin L. O'Shea

University of the District of Columbia Law Review

No abstract provided.

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The Use Of Government Funding To Discourage Abortion: Who Will Protect The Rights Of The Poor?, Claudia J. Postell Mar 1992

The Use Of Government Funding To Discourage Abortion: Who Will Protect The Rights Of The Poor?, Claudia J. Postell

University of the District of Columbia Law Review

No abstract provided.

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The Newly Disenfranchised: A Constitutional Right Withheld, Herman R. Brown Jr. Mar 1992

The Newly Disenfranchised: A Constitutional Right Withheld, Herman R. Brown Jr.

University of the District of Columbia Law Review

Traditionally, Blacks and women have been denied their constitutional rights based strictly on race and sex. This brand of disenfranchisement has in many instances made these groups feel like "second class" citizens. Although recently, these groups have been able to share in some rights previously withheld, the "playing field of equality of rights" is still not level. For example, women still earn less pay for comparable work performed by their male counterparts. Blacks continue to be shut out of the system based strictly on race. Just as women and Blacks have been denied their rights, other groups have suffered similar …

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No Easy Walk To Freedom, Stephen T. Maher Mar 1992

No Easy Walk To Freedom, Stephen T. Maher

University of the District of Columbia Law Review

No abstract provided.

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The Record - Vol. 20, Issue 9, Iit Chicago-Kent College Of Law Mar 1992

The Record - Vol. 20, Issue 9, Iit Chicago-Kent College Of Law

The Record

Chicago-Kent College of Law newsletter. Topics covered include: announcements and notices, events, information for specific students, job postings, internship opportunities, scholarships, financial aid, information about societies and other organizations, and career advice.

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Tax Expenditure Budgets: A Critical View, Jeffrey S. Lehman, Douglas A. Kahn Mar 1992

Tax Expenditure Budgets: A Critical View, Jeffrey S. Lehman, Douglas A. Kahn

Cornell Law Faculty Publications

No abstract provided.

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Keeping Out Non-Local Garbage: An End-Run Around The Dormant Commerce Clause?, Robert H. Abrams Mar 1992

Keeping Out Non-Local Garbage: An End-Run Around The Dormant Commerce Clause?, Robert H. Abrams

Journal Publications

No abstract provided.

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Sixth Annual Scholarship Banquet Invitation, Las Vegas Chapter Of The National Bar Association Mar 1992

Sixth Annual Scholarship Banquet Invitation, Las Vegas Chapter Of The National Bar Association

Subsequent Scholarship Banquets

1992 Sixth Annual Scholarship Banquet Invitation

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Sixth Annual Scholarship Banquet Program "Unity In The Transcentury Nineties", Las Vegas Chapter Of The National Bar Association Mar 1992

Sixth Annual Scholarship Banquet Program "Unity In The Transcentury Nineties", Las Vegas Chapter Of The National Bar Association

Subsequent Scholarship Banquets

1992 Sixth Annual Scholarship Dinner Program

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Newsletter - 1992-03-26, E. De La Garza Mar 1992

Newsletter - 1992-03-26, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

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Shell Games: The Continuing Legacy Of Rights To Minerals And Water On Spanish And Mexican Land Grants In The Southwest, G. Emlen Hall Mar 1992

Shell Games: The Continuing Legacy Of Rights To Minerals And Water On Spanish And Mexican Land Grants In The Southwest, G. Emlen Hall

Faculty Scholarship

This paper explores generally this paradoxical approach to mineral and water rights on confirmed Spanish and Mexican land grants. The analysis treats mineral and water rights separately. For each critical land grant resource, the paper explicates basic law of the Southwest's antecedent sovereigns. It then suggests how those Spanish and Mexican rights fit within the 1848 Treaty of Guadalupe Hidalgo guarantee of protection of "property rights." It proceeds to analyze how the United States implemented those guarantees, suggesting that the treatment of the succeeding sovereign owed more to its own law than it did to the law of the antecedent …

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Letter From E. Donald Shapiro, E. Donald Shapiro Mar 1992

Letter From E. Donald Shapiro, E. Donald Shapiro

Correspondence

No abstract provided.

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Appeal No. 0494: Charles And Loretta Mertens V. Donald L. Mason, Chief Division Of Oil & Gas, Ohio Dept. Of Natural Resources, Ohio Oil & Gas Board Of Review Mar 1992

Appeal No. 0494: Charles And Loretta Mertens V. Donald L. Mason, Chief Division Of Oil & Gas, Ohio Dept. Of Natural Resources, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 91-336

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