Law Commons^™

Subjects, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Table Of Cases, North Carolina Law Review

North Carolina Law Review

No abstract provided.

The Control And Conflict Of Interest Voting Systems, Lynne L. Dallas

North Carolina Law Review

No abstract provided.

Toward A Process-Based Approach To Failure-To-Warn Law, Michael S. Jacobs

North Carolina Law Review

No abstract provided.

Negligent Infliction Of Emotional Distress: The Effect Of Article 2315.6, Cullen J. Dupuy

Louisiana Law Review

No abstract provided.

A Study In The Choice Of Form: Statutes Of Limitation And The Doctrine Of Laches, Gail L. Heriot

BYU Law Review

No abstract provided.

The Economics And Politics Of Emergency Health Care For The Poor: The Patient Dumping Dilemma, Maria O'Brien Hylton

BYU Law Review

No abstract provided.

Clark Memorandum: Fall 1992, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum

• Apostles of Equality (Kenneth R. Wallentine)
• Portraits
• A Camelot for Scott (Lew Cramer)
• Heroes for Our Time (Thomas D. Morgan)

Compromising Positions: An Essay And Review Of Abortion: The Clash Of Absolutes. By Laurence H. Tribe, Charles A. Rees

Northern Illinois University Law Review

This review examines Laurence Tribe's book on abortion, focusing special attention on Tribe's discussion of compromises to the abortion dilemma and his own apparent resolution of the issue. Following an evaluation of Tribe's work, this review considers other possible compromises to the abortion dilemma which are suggested by the United States Constitution.

At The Boundaries Of Law And Equity: The Court Of Appeals For The Federal Circuit And The Doctrine Of Equivalents, Paul C. Craane

Northern Illinois University Law Review

This comment examines the doctrine of equivalents, focusing on the tensions created by the continued attempts of the Court of Appeals for the Federal Circuit to bring certainty and structure to this equity-based doctrine. As the comment unfortunately concludes, these attempts to introduce certainty and structure have increased the confusion as to many different aspects of patent litigation and practice. The author suggests that a more viable solution to the problem would be to restrict the scope of the doctrine rather than add additional analytical restrictions to the doctrine of equivalents.

The Supreme Court's Use Of Per Curiam Dispositions: The Connection To Oral Argument, Stephen L. Wasby, Steven Peterson, James Shubert, Glendon Shubert

Northern Illinois University Law Review

This study is an empirical examination of a set of the Supreme Court's per curiam rulings issued after oral argument between 1969 and 1981. The authors use transcripts of Supreme Court oral argument and the Court's opinions to untangle relationships between oral argument and dispositions, particularly when the Court does not reach the merits. The authors note that oral argument clarifies issues and helps the justices narrow them. The Court's comments in its per curiam dispositions indicate that oral argument is relevant for the Court's dispositions and at times it has been more determinative of outcomes, for example, when counsel's …

Contents

Louisiana Law Review

No abstract provided.

Arming The Pregnancy Police: More Outlandish Concoctions?, Jeffrey A. Parness

Louisiana Law Review

No abstract provided.

The Admiralty Doctrine Of Laches, Uisdean R. Vass, Xia Chen

Louisiana Law Review

No abstract provided.

Resolving The Problem Of Qualified Immunity For Private Defendants In Section 1983 And Bivens Damage Suits, Charles W. Thomas

Louisiana Law Review

No abstract provided.

A Comment On Louisiana Wildlife Agents And Probable Cause: Are Random Game Checks Constitutional?, Donald C. Douglas Jr.

Louisiana Law Review

No abstract provided.

Fdic Priority In Gaff: An Unwarranted Victory For The Principle Of Brotherly Shove, Keith M. Matulich

Louisiana Law Review

No abstract provided.

The Right To "Just Say No": A History And Analysis Of The Right To Refuse Antipsychotic Drugs, Dennis E. Cichon

Louisiana Law Review

No abstract provided.

Federal Statutory Restrictions On The Enforceability Of Forum Selection Clauses, Timothy S. Rigsbee

Northern Illinois University Law Review

This author examines the relationship between the forum selection clauses and particular federal statutes. The comment traces judicial attitudes concerning forum selection clauses and analyzes how courts have applied the public policy exception to the enforceability of forum selection clauses recognized by the Supreme Court in The Bremen v. Zapata Off-Shore Co. In particular, the comment examines the anomalous treatment courts have given forum selection clauses under FELA, the Jones Act, the Securities Acts, the Federal Arbitration Act, the Miller Act, and the Carriage of Goods by the Sea Act. The article then examines Carnival Cruise Lines, Inc. v. Shute, …

Florida V. Bostick: Abandonment Of Reason In Fourth Amendment Reasonable Person Analysis, James F. Heuerman

Northern Illinois University Law Review

This note examines the United States Supreme Court's decision which addressed the constitutionality of "bus sweeps" -- random suspicionless police questioning of interstate bus travelers. The Court concluded that a reasonable bus passenger could feel free to disregard police questioning, and accordingly found that not all such encounters are entitled to Fourth Amendment scrutiny. The author explores the Court's decision and contends that only by severely underestimating the inherent coercion in such encounters was the Court able to avoid the intuitive conclusion that passengers are "seized" during such questioning.

The Legal Profession In Transition: An Address At The Graduation Ceremonies Of Northern Illinois University College Of Law, Claire L'Heureux--Dubé

Northern Illinois University Law Review

The Northern Illinois University Law Review is pleased to publish the address delivered by the Honorable Claire L'Heureux-Dubé at the graduation for the class of 1992. Justice L'Heureux-Dubé is a member of the Supreme Court of Canada. Her address comments on the changes occurring in the legal profession as a result of forces of globalism and advances made by women and minorities. In particular, Justice L’Heureux-Dubé warns of the detrimental effects of the commercialization of the legal profession. Above all else, she reminds us that law is a learned profession requiring continuous study and contemplation.

Vol. 13, No. 1, Fall 1992: Table Of Contents, Northern Illinois University Law Review

Northern Illinois University Law Review

No abstract provided.

California's Detortification Of Contract Law: Is The Seaman's Tort Dead, Dana Rae Landsdorf

Loyola of Los Angeles Law Review

No abstract provided.

Reconstructing Contracts, Douglas G. Baird

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

A Failed Critique Of State Constitutionalism, David Schuman

Michigan Law Review

James A. Gardner begins The Failed Discourse of State Constitutionalism with a story describing "the experience of a great many lawyers in this country." The protagonist is an attorney whose client has an unlawful discrimination claim that for some reason cannot succeed under the U.S. Supreme Court's current equal protection jurisprudence. The attorney decides to present an argument based on her state constitution's equality guarantee, only to discover that the universe of material from which a plausible argument, not to mention a rich discourse, might emerge - existing case law and scholarship, "useful tidbits" of constitutional history and philosophy from …

Nondeposit Deposits And The Future Of Bank Regulation, Jonathan R. Macey, Geoffrey P. Miller

Michigan Law Review

We argue in this paper that the nation has already entered with a vengeance into the era of nondeposit deposit banking. The traditional bank deposit against which reserves must be held and deposit insurance paid is suffering encroachment from a wide variety of competitive instruments and arrangements, all of which, to one degree or another - often to a substantial degree - serve a function economically similar to that of the checking account at a depository institution.

The legal system may respond to these developments by attempting to bring nondeposit deposits under regulation, as it has done with other banking …

The Outer Fringes Of Chapter 11: Nonconsenting Senior Lenders' Rights Under Subordination Agreements In Bankruptcy, David Kravitz

Michigan Law Review

This Note focuses on the options a senior creditor in Frugal's position may have when a reorganization plan provides for payments in violation of a subordination agreement that the creditor wishes to enforce. Part I explains the different types of subordination agreements and discusses their treatment under pre-Code bankruptcy law and under the Bankruptcy Code. Because of the dearth of case law regarding nonconsenting senior lenders and subordination agreements, Part II considers a question in a related area of bankruptcy law where more authority exists: whether a reorganization plan may release a nonbankrupt guarantor from its obligations under the guaranty …

The Unworkability Of Court-Made Enterprise Liability: A Reply To Geistfeld, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

No abstract provided.

The Voidability Of Actions Taken In Violation Of The Automatic Stay: Application Of The Information-Forcing Paradigm, Robert R. Niccolini

Vanderbilt Law Review

The automatic stay' is undeniably one of the most important elements of the bankruptcy process. In fact, the expansion of the stay was one of the major changes that the 1978 Bankruptcy Reform Act initiated. Despite the integral nature of the automatic stay, however, courts have yet to reach a consensus regarding the conceptualization and subsequent effect of actions taken in violation of the stay. Presently, a substantial majority of the circuits hold that such actions are void "ab initio" and of no legal effect. A small but significant number of courts, however, decline to follow the majority rule. These …

The Unworkability Of Court-Made Enterprise Liability: A Reply To Geistfeld, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.