Law Commons^™

The Older Workers Benefit Protection Act: Painting Age-Discrimination Law With A Watery Brush, David A. Niles

Buffalo Law Review

No abstract provided.

Recent Developments In Environmental Crime, Thomas M. Downs

William & Mary Environmental Law and Policy Review

No abstract provided.

The Market Participant Doctrine: Ammunition For The War On Trash, John L. Brownlee

William & Mary Environmental Law and Policy Review

No abstract provided.

Letting The Free Market Distribute Environmental Resources, Kyle C. Johnson

William & Mary Environmental Law and Policy Review

No abstract provided.

The Impact On Standing Doctrine In Environmental Litigation Of The Injury In Fact Requirement In Lujan V. National Wildlife Federation, Timothy Belevetz

William & Mary Environmental Law and Policy Review

No abstract provided.

Harlot's Ghost And Jfk: A Fictional Conservation With Norman Mailer, Oliver Stone, Earl Warren, And Hugo Black, Rodney A. Smolla

Faculty Publications

No abstract provided.

Discourse And Difference—A Reply To Parness And Cogan, James A. Gardner

Journal Articles

No abstract provided.

A Pragmatic Model Of Law, Daniel C.K. Chow

Washington Law Review

While all of us are pragmatic in an informal or colloquial sense in many instances in daily life, pragmatism as applied to law has a deeper, jurisprudential sense The author suggests that modern legal pragmatism presents a model of law that avoids the serious philosophical errors of the traditional model of law, which is based upon assumptions that are untenable in light of fundamental developments in twentieth century thought. The traditional model justifies law by grounding law in eternal, immutable and transcendental foundations. All modern legal pragmatists reject the notion that transcendental foundations sustain law. Modern legal pragmatism arose in …

Federal Moral Rights For Visual Artists: Contract Theory And Analysis, Russ Versteeg

Washington Law Review

This Article is intended neither as an introduction to contract principles for visual artists nor as a comprehensive analysis or study of art law contracts. Nor is this Article intended as a "how to negotiate a contract" manual for visual artists with annotations and forms. Works such as these already exist and are available for both attorneys and artists. Furthermore, this Article is not an exhaustive treatment of the philosophical, political and sociological forces that shaped the American recognition of moral rights for visual artists under the United States Copyright Act. Instead, this Article looks critically at the immediate, potential …

Regulating Cable Television Rates: A Phantom First Amendment Problem, Matthew Jolly

Washington Law Review

Public concern over cable television's status as a monopoly has generated a movement to allow local franchising authorities to regulate cable service rates. Because the courts have yet to hear a First Amendment challenge to imposing rate regulation on a member of the media, the constitutionality of cable rate regulation is not settled. This Comment argues that the restriction on speech resulting from rate regulation is outweighed by the substantial government interest in preventing unfair monopoly pricing practices.

In-House Counsel's Wrongful Discharge Action Under The Public Policy Exception And Retaliatory Discharge Doctrine, Raymis H.C. Kim

Washington Law Review

Most courts hold that in-house counsel have no cause of action under public policy or retaliatory discharge exceptions to the at-will employment rule. This is true even when they are discharged in contravention of a clearly mandated public policy. These courts have rationalized that such recognition would be contrary to the at-will nature of attorney-client employment and would have an adverse effect on the attorney-client relationship. This Comment proposes that courts should extend the public policy exception and retaliatory discharge doctrine to in-house counsel to protect the public from illegal corporate acts and provide relief to in-house counsel.

They Never Kept But One Promise—County Of Yakima V. Confederated Tribes And Bands Of The Yakima Indian Nation, 112 S. Ct. 683 (1992), Deborah Jo Borrero

Washington Law Review

Despite congressional efforts to promote tribal self-determination and self-governance, the Supreme Court continues to give effect to disastrous assimilative policies of the past. A particularly far-reaching case, County of Yakima v. Confederated Tribes and Bands of the Yakima Indian Nation, upheld state property taxation of tribal land within an Indian reservation. The decision neglects tribal sovereignty and contradicts federal policy. After Yakima Indian Nation, tribalism is in serious jeopardy once again. This Note examines Yakima Indian Nation and concludes that Congress must intervene to protect tribes from state property taxes to preserve tribal land and sovereignty.

Protecting Donar Privacy In Aids Related Blood Bank Litigation—Doe V. Puget Sound Blood Center, 117 Wash. 2d 772, 819 P.2d 370 (1991), Anne Marie Logerfo

Washington Law Review

One controversial issue in blood bank AIDS litigation is whether courts should permit infected plaintiffs to conduct discovery of information about the blood donor who contributed the contaminated blood. Many courts have taken a reasonable middle ground by allowing limited discovery of a blood donor provided that the donor's identity remains confidential. In a recent case, the Washington Supreme Court provided no such limitation on blood donor discovery. This Note argues that the court's decision infringes on the significant privacy interests of the blood donor and violates the public's interest in an adequate blood supply while providing little or no …

Non-Ec Nationals In The European Community: The Need For A Coordinated Approach, Kay Hailbronner, Jorg Polakiewicz

Duke Journal of Comparative & International Law

No abstract provided.

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

This CASE DIGEST provides brief analyses of cases that represent current aspects of transnational law. The Digest includes cases that establish legal principles and cases that apply established legal principles to new factual situations. The cases are grouped in topical categories and references are given for further research.

Table of Contents

I. EXTRADITION/FORCIBLE ABDUCTION ...................... 537

II. IMMUNITY FROM ARREST ................................ 538

III.FOREIGN SOVEREIGN IMMUNITY .......................... 539

IV. DISCOVERY/INTERNATIONAL RULES OF JUDICIAL PROCEDURE . 540

Class Of 1995 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law

Incoming 1L Photos (Facebooks)

Photographs of incoming law students for the St. Mary’s University School of Law, class of 1995

Not Just Another Brown Analysis: A Call For Public Education Reform, North Carolina Central Law Review

North Carolina Central Law Review

No abstract provided.

Why Congress Needs To Fix The Employee/Independent Contractor Tax Rules: Principles, Perceptions, Problems, And Proposals, Walter H. Nunnallee

North Carolina Central Law Review

No abstract provided.

Film At Eleven - Does The Press Have The Right To Attend And Videotape Executions, Neil E. Nussbaum

North Carolina Central Law Review

No abstract provided.

The Legal Liability Of Blood Donor Services And Transfusion Providers In The Wake Of The Aids Crisis, James W. Morgan

North Carolina Central Law Review

No abstract provided.

From Andrews To Woodson And Beyond: The Development Of The Intentional Tort Exception To The Exclusive Remedy Provision - Rescuing North Carolina Workers From Treacherous Waters, David L. Lambert

North Carolina Central Law Review

No abstract provided.

Judicial Review Of Labor Arbitration Awards: Practices, Policies, And Sanctions, Mark Berger

Faculty Works

No abstract provided.

New York’S New “Son Of Sam” Law-Does It Effectively Protect The Rights Of Crime Victims To Seek Redress From Their Perpetrators? , Mark A. Conrad

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Copyright Protection And Computer Programs: Identifying Creative Expression In A Computer Program's Nonliteral Elements, Lisa C. Green

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

You've Built The Bridge, Why Don't You Cross It? A Call For State Labor Laws Prohibiting Private Employment Discrimination On The Basis Of Sexual Orientation, David E. Morrison

University of Michigan Journal of Law Reform

The call for legal reform to prevent discrimination on the basis of sexual orientation has been prevalent since at least the 1970s. Part I of this Note examines sexual orientation as a protected status at the federal and state level. Tracing the development of case law interpreting Title VII, it is evident that current federal laws have been of little use to gay men and lesbians. As a result, employment discrimination against homosexuals has been widespread. Part II of this Note discusses how the foundation for reform already has been created at the state level. This foundation began with state …

Comparative Negligence Under The Code: Protecting Negligent Banks Against Negligent Customers, Julianna J. Zekan

University of Michigan Journal of Law Reform

This Article will examine modern banking practices with respect to processing checks and the effect of technology on liability for forged or altered checks. Part I describes the magnetic ink character-recognition system. Part II discusses check truncation. Part III recounts the evolution of contract and tort theories of liability from traditional to modern bank practices. Part IV analyzes the new comparative negligence provisions. Part V investigates the standards of ordinary care. Part VI evaluates the respective duties of the banks and their customers in light of the provisions that reflect the banking industry's transformation from the Paper Age to the …

Strange Visions In A Strange World: A Reply To Professors Bradley And Rosenzweig, Lynn M. Lopucki

Michigan Law Review

Much about chapter 11 is in need of improvement. But, as is so often the case, the resonant themes are not the right ones. All three legs of Bradley and Rosenzweig's argument for repeal are seriously flawed. The heart of their empirical argument is their claim to have shown that financially stronger companies reorganizing under chapter 11 have been paying less to both their creditors and their shareholders than did weaker companies reorganizing under prior law. In Part I below, I present several more plausible explanations for the stock and bond price phenomena they observed. In all likelihood, their data …

An Administrative Battle Of The Forms: The Eeoc's Intake Questionnaire And Charge Of Discrimination, Laurie M. Stegman

Michigan Law Review

This Note argues that the EEOC's interpretation of Title VII as reflected in its regulations is consistent with underlying statutory intent and strikes an appropriate balance between the needs of employers and employees. Therefore, Congress should amend section 706(b) of Title VII of the Civil Rights Act of 1964 to provide that a charge must be verified prior to the commencement of an EEOC investigation but not necessarily within the statutory filing period. Part I examines the legislative history of Title VII and its integrated procedures for obtaining administrative and judicial relief. Part II critiques the various ways in which …

The Older Population In Massachusetts, 1980-1990, Gerontology Institute, University Of Massachusetts Boston

Gerontology Institute Publications

Massachusetts and the nation are aging! People 65 and older are growing in numbers more rapidly than other younger segments of the population, and the unprecedented growth of this group has created new demands on and new opportunities for every major sector of American life. But if we are to make constructive plans for an aging society, we must have sound information on the major changes in the make-up of the population.

This report shows how the older populations in Massachusetts and in the United States have changed in the decade between 1980 and 1990. It is designed to serve …

Ethnic Identity And Constitutional Design For Africa, Alemante G. Selassie

Faculty Publications

No abstract provided.