Law Commons^™

Medicare Supplemental Insurance: Today's Crisis, Health Care For All, Gerontology Institute, University Of Massachusetts Boston

Gerontology Institute Publications

The purpose of health insurance is to spread risk. The system works under the assumption that, at any given point in time, only a percentage of the people in a given group will be sick. Regardless of health status, all members of the group will be paying premiums in order to cover the cost of care for those who need it.

As a group, however, seniors represent a high-risk population. They are more likely than younger people to need health care services and tend to require longer hospital stays. Yet, while their expenses are greater, their financial resources are generally …

Fighting Exclusion From Televised Presidential Debates: Minor-Party Candidates' Standing To Challenge Sponsoring Organizations' Tax-Exempt Status, Gregory P. Magarian

Michigan Law Review

This Note argues that courts should recognize minor-party presidential candidates' standing to challenge the section 50l(c)(3) tax-exempt status of organizations sponsoring televised debates that exclude minor-party candidates. Part I situates the issue within the context of the Supreme Court's standing jurisprudence and concludes that the validity of a third-party tax-status challenge by an aggrieved minor-party presidential candidate remains an open question. Part II analyzes the Second and District of Columbia Circuits' decisions and concludes that the Second Circuit's approach properly interprets the Supreme Court's standing doctrine and correctly resolves the particular arguments which both courts consider. Part III first demonstrates …

Law, Politics, And The Claims Of Community, Stephen A. Gardbaum

Michigan Law Review

This article aims to provide this needed analysis and then to show how it illuminates many of the exchanges taking place within the legal academy. It argues that the first step toward understanding "the claims of community" - whether in law or moral and political theory - is to recognize that, as the phrase itself suggests, more than one claim is involved. Merely to observe that the various proponents of community have as yet failed to establish a common and coherent communitarian position, though certainly true, is to miss the more critical insight: they are not engaged in such an …

The Failed Discourse Of State Constitutionalism, James A. Gardner

Michigan Law Review

In this article, I approach these questions in two steps. First, I examine the status of state constitutional law as it is practiced today. I conclude that, contrary to the claims of New Federalism, state constitutional law today is a vast wasteland of confusing, conflicting, and essentially unintelligible pronouncements. I argue that the fundamental defect responsible for this state of affairs is the failure of state courts to develop a coherent discourse of state constitutional law that is, a language in which it is possible for participants in the legal system to make intelligible claims about the meaning of state …

Butterfly Effects: The Possibilities Of Law Teaching In A Democracy, Paul D. Carrington

Duke Law Journal

No abstract provided.

Unchaining The Law: The Legality Of Extraterritorial Abduction In Lieu Of Extradition, Mitchell J. Matorin

Duke Law Journal

No abstract provided.

Reconfiguring The Summary Jury Trial, Thomas B. Metzloff

Duke Law Journal

No abstract provided.

Understanding Government Affirmative Action And Metro Broadcasting, Inc. V. Fcc, Samuel L. Starks

Duke Law Journal

No abstract provided.

Looking Down From The Hill: Factors Determining The Success Of Congressional Efforts To Reverse Supreme Court Interpretations Of The Constitution, Mark E. Herrmann

William & Mary Law Review

No abstract provided.

Value And Rationality In Bankruptcy Decisionmaking, Donald R. Korobkin

William & Mary Law Review

No abstract provided.

Lawyers And Loyalty, Michael K. Mcchrystal

William & Mary Law Review

No abstract provided.

Environmental Litigation And Rule 11, Carl Tobias

William & Mary Law Review

No abstract provided.

Toward A New Standard In Gender Discrimination: The Case Of Virginia Military Institute, William A. Devan

William & Mary Law Review

No abstract provided.

The Perilous Process Of Protecting Process Patents From Infringing Importations, Mark E. Wojcik

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Experts As Hearsay Conduits: Confrontation Abuses In Opinion Testimony, Ronald L. Carlson

Scholarly Works

The dispute over whether litigants may use experts to run unexamined hearsay into the trial record is a microcosm of a larger debate. The larger question is whether judicial review of expert testimony should be passive, or whether the expert witness process should be marked by active judicial policing. Does the plethora of expert opinions presently being offered in modern trials merit special scrutiny by the courts?

Some scholars urge that courts must accommodate experts. Proponents of this view favor few challenges to the unrestricted rendition of opinions by an expert, whether the expert is real or self-proclaimed. Under this …

Germany's Statutory Works Councils And Employee Codetermination: A Model For The United States, Carol D. Rasnic

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Recognizing Self-Determination In International Law: Kuwait's Conflict With Iraq, Robert E. Frankel

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Seminar: The Bill Of Rights And Emerging World Democracies

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Negotiating International Copyright Protection: The United States And European Community Positions, Anne Moebes

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Chicken Of The Egg Dilemma: Introducing Alternative Fuels Into The California Marketplace, Gail A. Mckay

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Canada's Approach To Eradicating Workplace Sexual Harassment: The Canadian Supreme Court's Janzen V. Platy Enterprises Ltd. And Its Relationship To The United States Supreme Court's Meritor Savings Bank V. Vinson, Joseph M. Pellicciotti

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Role Of Incentive In Government And Private Behavior, Milton Friedman

San Diego Law Review

This is a transcription of a speech delivered October 24, 1991 at the Sharon Siegan Memorial Lecture series at the University of San Diego. Mr. Friedman, a Nobel Laureate Economist, advocated privatization of markets in the United States and less government spending. He noted the fall of communism in Eastern Europe, and recommended that the United States decrease the size of government and privatize markets in order to achieve economic prosperity. He compared government officials' incentives to the incentives of private individuals, and concluded that the economy would be more successful without excessive government regulation.

Obscenity's Meaning Smut-Fighters And Contraception: 1872-1936, Elizabeth Hovey

San Diego Law Review

This Article challenges the perception that obscenity has only recently become a riddle for the legal community. The first regularly enforced federal and state obscenity laws were enacted in a context of increasing sexual expression and contraceptive availability - the 1870s. The statutes banned lewd materials and "articles for the prevention of conception." Courts followed suit by according obscenity the broadest possible definition, one fully supported by the self-designated enforcers of the new laws. The forces of commerce and reform, however, challenged the smut-fighters, and by the 1930s, both state and federal courts began, albeit haltingly, to narrow the definition …

The Public Piggy Bank Goes To Market: Public Pension Fund Investment In Common Stock And Fund Trustees' Social Agenda, Deborah J. Martin

San Diego Law Review

Although public pension funds are to be held in trust for the exclusive benefit of pensioners and beneficiaries, some trustees are using the funds' tremendous financial clout to effect social change. This Article explores such "social investing" where public pension funds base their investments on factors such as a corporation's stand on environmental issues, corporate governance issues, and affirmative action. The author relates the various investment strategies of the California Public Employee Retirement System, the California State Teachers' Retirement System, and the Council of Institutional Investors, and identifies federal and state laws that are implicated by the pension funds' actions. …

The Lacey Act: Extraterritorial Application Based On An Antitrust Paradigm, Julia C. Shepard

San Diego Law Review

As of 1991, the Lacey Act, passed by Congress in 1988, proscribed illegal taking and commerce of fish, wildlife, and plants, which taking would be illegal under any law, treaty, or regulation of the United States, Indian, or foreign law. This Comment proposes amending the Lacey Act to provide for application on an extraterritorial basis based on an antitrust paradigm. The author argues that extraterritorial application of the Act to conduct of United States citizens abroad would protect wildlife illegally taken outside the United States and would punish those who might profit by that taking.

The California Environmental Quality Act: Alternative Site Analysis Requirements In Environmental Impact Reports, Cindy Y. Dobler

San Diego Law Review

The California Environmental Quality Act (CEQA) was promulgated for the purpose of protecting the environment through the reporting and disclosure of environmental impacts. The reporting process requires the consideration of alternative project sites. Local agencies and project developers determine which alternative sites will be reviewed to meet this requirement. This Comment addresses whether a sufficient range of alternative sites are being considered under CEQA and which parties should be involved in the choice. The author recommends that CEQA be amended to allow direct public participation in the selection of alternatives addresses in Environmental Impact Reports. She argues that direct public …

Protecting National Interests: The Legal Status Of Extraterritorial Law Enforcement By The Military, Christopher A. Donesa

Duke Law Journal

No abstract provided.

Journal Staff

Duke Law Journal

No abstract provided.

The Weekly January 29, 1992, North Carolina Central School Of Law

NCCU Law School Weekly

No abstract provided.

Appeal No. 0440: Thomas C. Whitney V. Scott R. Kell, Acting Chief, Division Of Oil And Gas, Ohio Dept. Of Natural Resourcesdivision Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 91-74