Law Commons^™

Bite Mark Evidence: Forensic Odontology And The Law, Steven Weigler

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Uninsured Motorist Coverage In Maryland, Andrew Janquitto

University of Baltimore Law Review

No abstract provided.

Notes: Criminal Law — Evidence — Evidence Of Refusal To Submit To Chemical Breath Test For Alcohol Admissible Only When Relevant To Matters Other Than Defendant's Innocence Or Guilt. Krauss V. State, 322 Md. 376, 587 A.2d 1102 (1991), Howard S. Cohen

University of Baltimore Law Review

No abstract provided.

Book Review Of The World Directory Of Teaching And Research Institutions In International Law, James S. Heller

Library Staff Publications

No abstract provided.

Book Review Of The Charlemagne Tower Collection Of Colonial Laws, James S. Heller

Library Staff Publications

No abstract provided.

Book Review Of Litigation Services Directory, James S. Heller

Library Staff Publications

No abstract provided.

Book Review Of Directory Of Foreign Law Collections In Selected Law Libraries, James S. Heller

Library Staff Publications

No abstract provided.

Book Review Of International Legal Books In Print 1990-1991, James S. Heller

Library Staff Publications

No abstract provided.

Direct Actions For Emotional Harm: Is Compromise Possible?, Julie A. Davies

Washington Law Review

While most courts and commentators acknowledge that emotional injury resulting from negligence may merit compensation, they share the conviction that some limits must be placed on such claims. They identify two basic policy rationales as the justifications for limiting claims for emotional harm: (1) the desire to ensure that a defendant's liability for negligence is not disproportionate to his or her fault, and (2) the desire to prevent litigation of trivial or fraudulent claims. This Article argues that the two rules most frequently applied by courts to effectuate limitations on recovery—the "zone-of-danger" rule and the "foreseeability-plus-serious-injury" rule—suffer from serious deficiencies. …

The Agency For International Development And Nepa: A Duty Unfulfilled, Gary M. Ernsdorff

Washington Law Review

The National Environmental Policy Act (NEPA) establishes the Nation's environmental policy and creates a set of procedures necessary to fulfill that policy. The Agency for International Development (A.I.D.) narrowly interprets the application of NEPA's procedures and has adopted a less rigorous set of environmental evaluation procedures. This Comment examines A.I.D.'s procedures, notes their deficiencies, and suggests that Congress should amend NEPA to require A.I.D. and all agencies to utilize NEPA procedures.

Washington's Judicial Invalidation Of Unambiguous Exclusion Clauses In Multiple Causation Insurance Cases, Lawrence Alan Wans

Washington Law Review

The Washington Supreme Court has restricted the use of unambiguous exclusion clauses that limit homeowners' insurance coverage in multiple causation cases. This Comment discusses the court's "proximate cause" analysis, judicial treatment of policy exclusions, and the insured's expectations of coverage. The Comment argues that the Washington approach to multiple causation cases should be narrowly construed in Washington and rejected in other jurisdictions, because its consequences may harm insurers and insureds alike.

Rights Of Washington Junior Lienors In Nonjudicial Foreclosure—Washington Mutual Savings Bank V. United States, 115 Wash. 2d 52, 793 P.2d 969, Clarified, Reconsideration Denied, 800 P.2d 1124 (Wash. 1990), John D. Sullivan

Washington Law Review

In Washington Mutual Savings Bank v. United State, the Washington Supreme Court extended the anti-deficiency provisions of the Deed of Trust Act to all non-foreclosing junior lienors. Because this decision makes all junior obligations uncollectible following a nonjudicial foreclosure, it may have a chilling effect on lenders and a serious impact on the availability of home equity loans. This Note examines the Washington Mutual decision and suggests that the court should have determined instead that a deficiency is allowed, but should be computed after applying any surplus value in the property sold against junior obligations. This Note also recommends a …

Practical Reason: The Commercial Speech Paradigm, Edward J. Eberle

Law Faculty Scholarship

First Amendment jurisprudence incorporates a continual struggle to balance coflicting interests. Free speech values must be weighed against communitarian interests in a rational manner. The article examines the foundationalist approach to this task, and finds it incapable of providing a unified First Amendment theory. Through examination of the treatment of commercial speech, the article arrives at a more coherent approach through the application of practical reasoning. The proposed methodology allows for principled analysis and decisions which yield an internally consistent body of law.

Procedural Due Process In Guidelines Sentencing, Susan Herman

Faculty Scholarship

No abstract provided.

"An Introduction To The European Economic Community And Intellectual Properties, Beryl R. Jones-Woodin

Faculty Scholarship

No abstract provided.

Treaty-Based Rights And Remedies Of Individuals, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

Treaties are frequently described as contracts between nations. As instruments of international law, they establish obligations with which international law requires the parties to comply. In the United States, treaties also have the status of law in the domestic legal system. The Supremacy Clause declares treaties to be the "supreme Law of the Land" and instructs the courts to give them effect. The status of treaties as law in two distinct legal orders has given rise to unusual conceptual problems. In recent years, it has produced confusion among the courts regarding the enforceability of treaties in the courts by individuals. …

Introductory Remarks: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

This issue of the Fordham Law Review presents Fordham Law School's tribute to one of the giants of American law and American history on the occasion of his retirement from the Supreme Court, Justice Thurgood Marshall. Because he decided to make the law his career and because of the way in which he pursued that career, the United States today is a remarkably different place than it was in 1933 when he began practice, and ours is a far more just society.

Justice Marshall made history repeatedly--as Chief Counsel of the NAACP Legal Defense Fund, as Judge of the United …

Protecting Defamatory Fiction And Reader-Response Theory With Emphasis On The German Experience, Henry Ordower

All Faculty Scholarship

Examines the litigation in Germany surrounding the publication of Klaus Mann's novel Mephisto. Analyzes the concepts of libel and defamation in fictional works and concludes that neither injunctive relief nor damages is appropriate because of the limited risk of injury and the potential for adverse impact on creative expression.

Free Speech In The United States And Canada, Kent Greenawalt

Faculty Scholarship

This comparison of freedom of speech in the United States and Canada concentrates on Supreme Court decisions in the two countries and on kinds of speech mainly engaged in by extreme dissenters and political outsiders. After brief comments about constitutional language and general approaches, I discuss subversive speech and other speech that encourages criminal acts, hate speech, symbolic speech, and public demonstrations.

In both countries, a major premise of modern adjudication is that freedom of expression is a central feature of liberal democracy. Government "by the people," even in the extended sense of government by representatives, requires that citizens openly …

Law As Discourse, George P. Fletcher

Faculty Scholarship

Legal theory has traditionally taken the use of sanctions to be a characteristic feature of any legal order. Positivists like John Austin take the notion of commands backed by threats to be the essence of law. Yet even those who scorn positivism, like Immanuel Kant, are equally committed to the view that the sovereign must enforce positive legal rules by punishing those who violate them.

This emphasis on sanctions has always struck me as a bit curious. It is not irrelevant to the understanding of legal phenomena, but it does seem to have been exaggerated in philosophical efforts to understand …

Searching For The Rule Of Law In The Wake Of Communism, George P. Fletcher

Faculty Scholarship

Of all the dreams that drive men and women into the streets, the "rule of law" is the most curious. We have a pretty good idea of what we mean by "free markets" and "democratic elections." But legality and the "rule of law" are ideals that are opaque even to legal philosophers. Thus, we have reason to puzzle whether political changes in Eastern Europe represent a renewed commitment to the rule of law. What constitutes living under the rule of law after Communism? What would count as achieving "a-state-based-on-law" – to use an expression popular in the last days of …

Child Abuse Reporting Laws And Attorney-Client Confidences: The Reality And The Specter Of Lawyer As Informant, Robert P. Mosteller

Faculty Publications

No abstract provided.

The Role Of State Constitutions In An Era Of Big Government, Stanley Mosk

University of Richmond Law Review

This is a speech delivered by The Honorable Stanley Mosk, Justice of the Supreme Court of California,at the T.C. Williams School of Law's eighth annual Emroch Lecture. Among his many achievements, Justice Mosk has authored some of California's most constructive legislative proposals in the crime and law enforcement fields, including the measure creating the Commission on Peace Officers Standards and Training.

Abstract Democracy: A Review Of Ackerman's We The People, Terrance Sandalow

Reviews

We the People: Foundations is an ambitious book, the first of three volumes in which Professor Ackerman proposes to recast conventional understanding of and contemporary debate about American constitutional law. Unfortunately, the book's rhetoricinflated, self-important, and self-congratulatory-impedes the effort to come to terms with its argument. How, for example, does one respond to a book that opens by asking whether the reader will have "the strength" to accept its thesis? Or that announces the author's intention of "engaging" two of the most influential works of intellectual history of the past several decades-and then discusses one in two and one-half pages …

I Hear A Rhapsody: A Reading Of The Republic Of Choice, Donald J. Herzog

Reviews

Readers coming to another volume by Lawrence Friedman might well expect a tightly crafted legal history. But this book is quite different. It offers a sweeping account of the transformation of modern law, a synoptic overview of what is finally distinctive about our legal culture, even a broadbrushed portrait of Western individualism. It does so breathlessly, in prose style and velocity. It's sometimes an engaging read, sometimes a distressing one, but-and here's what really matters-never a persuasive one. Or, worse yet, when it is persuasive it's because of its poetic and ideological features, not any kind of rigorous analysis.

Marital Property Rights In Transition, Lawrence W. Waggoner

Articles

The subject of "marital property rights" is very timely because those rights are in a state of transition. The term "marital property rights" covers a vast multitude of rights or interests conferred by law on persons who occupy the status of spouse. This lecture is divided into four discrete, yet related segments. The first segment addresses how the law allocates original ownership between spouses in a marriage. The second segment turns to the intestate share of the surviving spouse. This is not a topic that high-powered estate planners get involved in very much because intestate estates are usually fairly small. …

Judicial Deference To Nonlegal Decisionmakers: Imposing Simplistic Solutions On Problems Of Cognitive Complexity In Mental Disability Law, Donald N. Bersoff

SMU Law Review

No abstract provided.

Jones V. Murray: Allowing The Government To Get Blood From A Stone, Michael W. Kier

Case Western Reserve Law Review

No abstract provided.

Women's Annotated Legal Bibliography Staff, Vol. 7 (1992)

Women's Annotated Legal Bibliography

No abstract provided.

Table Of Contents - Women's Annotated Legal Bibliography, Vol. 7 (1992)

Women's Annotated Legal Bibliography

No abstract provided.