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1992

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Articles 6931 - 6960 of 7926

Full-Text Articles in Law

Mental Stress And Ohio Workers' Compensation: When Is A Stress-Related Condition Compensable, Fred J. Pompeani Jan 1992

Mental Stress And Ohio Workers' Compensation: When Is A Stress-Related Condition Compensable, Fred J. Pompeani

Cleveland State Law Review

Recent national studies have confirmed that workplace stress knows no occupational boundaries and, moreover, threatens the psychological well-being of the United States work force. Stress-related claims are expected to increase through the 1990s, and recent commentators fear that this predicted increase in stress-based claims will destroy some states' workers' compensation systems. Because of the potential for fraudulent claims and costly litigation, many states have moved to define and limit the situations in which workers are eligible for stress-related benefits. Limitations have come in the form of legislative enactments or judicial decisions establishing specific requirements or restrictions regarding stress claims. The …

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Section 1983 And The Collateral Source Rule, Linda L. House Jan 1992

Section 1983 And The Collateral Source Rule, Linda L. House

Cleveland State Law Review

This note examines the different approaches to the application of the collateral source rule among federal and state courts entertaining §1983 actions and the principles which should be applied by courts to resolve the choice of law problem raised by the rule. The first section discusses the common law collateral source rule and recent state legislative alterations and abrogation of it. The second section explores current applications of the collateral source rule in federal and state courts entertaining §1983 actions. The third section suggests principles which should guide courts in their applications of the collateral source rule. This section further …

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The Justice Mission Of The Law Schools, Linda Greene Jan 1992

The Justice Mission Of The Law Schools, Linda Greene

Cleveland State Law Review

A Conference on the Justice Mission of the Law Schools is timely, and Martin Luther King, Jr.'s words about being “a drum major for justice” offer to us a vision of that mission. They demand that we reexamine the role of the law school to determine whether we have taken into account the question of justice while ordering our institutional priorities. The title of this conference implicitly asks whether we can continue to reproduce legal culture without evaluating the impact of that culture on both the powerful as well as the powerless. Legal educational institutions cannot right all historical wrongs …

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The Justice Mission Of American Law Schools, David Barnhizer Jan 1992

The Justice Mission Of American Law Schools, David Barnhizer

Cleveland State Law Review

Justice has been seen by many scholars as a premise about which much can be said but virtually nothing either proved or disproved through the application of the methodologies that provide the grounding for science. While justice is undeniably representative of a slippery and evasive set of concepts, it paradoxically reflects the fundamental values of Western society without which we cannot hold together the thin tissue of political organization that we call the "Rule of Law." As is described in the latter part of this article, justice is in fact a simple meta-principle, one about which we need not be …

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Incorporating Into A Seminar Or Clinical Course The Representation Of An Indigent Death Row Inmate Seeking Certiorari In The United States Supreme Court, Margery Malkin Koosed Jan 1992

Incorporating Into A Seminar Or Clinical Course The Representation Of An Indigent Death Row Inmate Seeking Certiorari In The United States Supreme Court, Margery Malkin Koosed

Cleveland State Law Review

It appeared at the Justice Mission Conference that there was general consensus on several matters. First, there seemed to be considerable support for "bringing more doses of reality into the classroom." Second, many faculty wished to encourage a greater sense of professional service among their students. Third, a good number of criminal justice section members observed that capital case decisions of the United States Supreme Court were fine vehicles for class discussion of essential issues. In keeping with these views, I have concluded that I will once again include in my upcoming seminar course an opportunity for students to assist …

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Research And The Justice Mission Of Law Schools, Mark Tushnet Jan 1992

Research And The Justice Mission Of Law Schools, Mark Tushnet

Cleveland State Law Review

There are some obvious things to say about research and the justice mission of law schools, and many other contributors to this discussion have said them. For example, jurisprudence lies at the core of the classical legal curriculum, and-at least in the contemporary law school-definitions of justice are part of the jurisprudence syllabus. Because the concept of justice is not self-defining, conceptual inquiry into the meaning of justice, a traditional mode of legal research, is recurrently needed. In this way, research is tightly linked to the justice mission of law schools. In this piece, I move from global concerns--jurisprudence in …

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Personal Values And Professional Ethics, Geoffrey C. Hazard Jr. Jan 1992

Personal Values And Professional Ethics, Geoffrey C. Hazard Jr.

Cleveland State Law Review

My purpose on this occasion is to urge reexamination of personal values as a fundamental resource of professional ethics. The essential point is that rules of ethics, such as those embodied in the profession's ethical codes, are insufficient guides to making the choices of action that a professional must make in practice. I will suggest that the same is true of professional tradition and conventional ways of practice. This is not to say that rules of ethics and traditions are irrelevant. Rules of professional ethics frame the ethical problems that are encountered in a lawyer's life throughout practice. Moreover, professional …

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North Dakota Supreme Court Review, North Dakota Law Review Associate Editors Jan 1992

North Dakota Supreme Court Review, North Dakota Law Review Associate Editors

North Dakota Law Review

No abstract provided.

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The Russian Labour Movement In Days Of Difficult Reforms: To Suppress Or To Support?, Leonid A. Gordon Jan 1992

The Russian Labour Movement In Days Of Difficult Reforms: To Suppress Or To Support?, Leonid A. Gordon

Hofstra Labor & Employment Law Journal

No abstract provided.

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Effective Democracy And Formal Rights: Retaliatory Removals Of Union Officials Under The Lmrda, George Feldman Jan 1992

Effective Democracy And Formal Rights: Retaliatory Removals Of Union Officials Under The Lmrda, George Feldman

Hofstra Labor & Employment Law Journal

No abstract provided.

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Does New York's Code Of Professional Responsibility Force Lawyers To Put Their Jobs On The Line? A Critical Look At Wieder V. Skala, Christopher G. Senior Jan 1992

Does New York's Code Of Professional Responsibility Force Lawyers To Put Their Jobs On The Line? A Critical Look At Wieder V. Skala, Christopher G. Senior

Hofstra Labor & Employment Law Journal

No abstract provided.

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Uaw V. Johnson Controls: A Final Word On Fetal Protection Policies And Their Effect On Women's Rights In Today's Economy, Andrew Evan Bernstein Jan 1992

Uaw V. Johnson Controls: A Final Word On Fetal Protection Policies And Their Effect On Women's Rights In Today's Economy, Andrew Evan Bernstein

Hofstra Labor & Employment Law Journal

No abstract provided.

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Protecting Airline Employees, Protecting The Public Interest, Bob Graham Jan 1992

Protecting Airline Employees, Protecting The Public Interest, Bob Graham

Hofstra Labor & Employment Law Journal

No abstract provided.

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Protecting Workers From Unlawful Interference With Their Jobs, Allan Kanner Jan 1992

Protecting Workers From Unlawful Interference With Their Jobs, Allan Kanner

Hofstra Labor & Employment Law Journal

Varieties of aggressive and improper forms of economic activity have existed as threats to civil order since at least biblical times. From this historical perspective, the capacity of some individuals to generate the destructive impact of "merger mania" run amok hardly seems shocking. Yet there is something profoundly threatening to civil order whenever a cabal of conspirators can, in the name of greed or avarice alone, destroy the lives and jobs of tens of thousands of individuals. However, civil society rarely allows itself to fall prey to such misconduct for long. A fundamental tenet of social life is that one …

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The Arbitration Of Statutory Disputes: The Role Of The Arbitrator -- Procedural And Substantive Considerations, Ira F. Jaffe Jan 1992

The Arbitration Of Statutory Disputes: The Role Of The Arbitrator -- Procedural And Substantive Considerations, Ira F. Jaffe

Hofstra Labor & Employment Law Journal

No abstract provided.

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Respecting Nonunion Member Employees' Rights While Avoiding A Free Ride, Lehnert V. Ferris Faculty Association, Charles J. Ogeka Jan 1992

Respecting Nonunion Member Employees' Rights While Avoiding A Free Ride, Lehnert V. Ferris Faculty Association, Charles J. Ogeka

Hofstra Labor & Employment Law Journal

No abstract provided.

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Keeping Sections 2(5) And 8(A)(2) Of The Nlra Intact: A Fresh Look At Worker Participation Committees Through Electromation, Inc., Steven I. Locke Jan 1992

Keeping Sections 2(5) And 8(A)(2) Of The Nlra Intact: A Fresh Look At Worker Participation Committees Through Electromation, Inc., Steven I. Locke

Hofstra Labor & Employment Law Journal

No abstract provided.

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When Will My Troubles End: The Loss In Progress Defense In Progressive Loss Insurance Cases, Richard L. Antognini Jan 1992

When Will My Troubles End: The Loss In Progress Defense In Progressive Loss Insurance Cases, Richard L. Antognini

Loyola of Los Angeles Law Review

No abstract provided.

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National Rainbow Coalition, Inc.: Planks That They Would Like To See Adopted By The Democratic Party Platform Committee Jan 1992

National Rainbow Coalition, Inc.: Planks That They Would Like To See Adopted By The Democratic Party Platform Committee

Saffy Collection - All Textual Materials

Suggestions for Democratic National Convention, 1992. Box 11, Folder 8

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Footprints In The Shifting Sands Of The Isle Of Palms: A Practical Analysis Of Regulatory Takings Cases, John R. Nolon Jan 1992

Footprints In The Shifting Sands Of The Isle Of Palms: A Practical Analysis Of Regulatory Takings Cases, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

It was not until the last day of the term, June 29, 1992, that the Court decided Lucas. By that time, interest could not have been greater. At issue was the validity of a regulation that prohibited all permanent development of the plaintiff's two beachfront lots. The South Carolina Supreme Court upheld the regulation by a 3-2 margin because it prevented a “great public harm.” The U.S. Supreme Court reversed that determination and remanded the case to determine whether South Carolina's common law of nuisance could prohibit the construction of single-family housing on the lots. The fractured Court delivered an …

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What Comes Out Must Go In: Cooling Water Intakes And The Clean Water Act, Karl R. Rábago Jan 1992

What Comes Out Must Go In: Cooling Water Intakes And The Clean Water Act, Karl R. Rábago

Elisabeth Haub School of Law Faculty Publications

It is time to measure progress under section 316 of the Clear Water Act, the one section of the Act that focuses not on discharges, but on intakes. Part II of this Article discusses the environmental hazards in more detail and explains how cooling water intakes produce them. Part III of this Article examines the history of regulation and nonregulation under section 316(b) of the Clean Water Act, describes the development of the "common law" concerning the regulation of cooling water intakes, and explores the effect of EPA's regulatory actions and omissions on state regulatory efforts. Part IV assesses the …

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Montana Fight Over Women's Rights, Carl W. Tobias Jan 1992

Montana Fight Over Women's Rights, Carl W. Tobias

Law Faculty Publications

Report of abortion protests that took place in various locations around Montana.

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The Road Not Taken: Criminal Contempt Sanctions And Grand Jury Press Leaks, James W. Fox Jr. Jan 1992

The Road Not Taken: Criminal Contempt Sanctions And Grand Jury Press Leaks, James W. Fox Jr.

University of Michigan Journal of Law Reform

This Note examines the appropriate judicial responses to such news stories, focusing on the options available to counsel for the target of a grand jury investigation who is affected by the leaked information. Part I explains why dismissal and quashing are extremely difficult remedies to obtain, why internal investigations by the government are inadequate, and why, therefore, contempt sanctions are presently the most viable legal response to such leaks. Part II describes the general contours of both criminal and civil contempt actions and reviews specific applications of civil contempt actions in grand jury leak cases. Part III questions the functional …

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Redefining The Family: Recognizing The Altruistic Caretaker And The Importance Of Relational Needs, Beverly Horsburgh Jan 1992

Redefining The Family: Recognizing The Altruistic Caretaker And The Importance Of Relational Needs, Beverly Horsburgh

University of Michigan Journal of Law Reform

Part I of this Article describes the general nonrecognition of altruism in the law. It then focuses on contract law, discussing cases involving parties who cohabitate without formalizing their relationship in a marriage, and those who are not sexually intimate but are nevertheless interrelated members of an extended family. I argue that when a relationship ends, a caretaker becomes aware of her sacrifice and effort on behalf of another and experiences a sense of loss. However, recovery in contract requires the perverse recharacterization of the parties as self-seeking strangers impersonally bargaining over market services in a commodity exchange. Courts indulge …

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Criminal Liability For Misconduct In Scientific Research, Susan M. Kuzma Jan 1992

Criminal Liability For Misconduct In Scientific Research, Susan M. Kuzma

University of Michigan Journal of Law Reform

This Article will explore our society's attitude to prosecuting scientific misconduct, the need to consider prosecution in such cases, and the utility of current statutes available for prosecution. To assist the reader in understanding the issues, this Article will provide some background information about misconduct in scientific research and will include a discussion of some specific incidents. These background materials provide a context for my argument that criminal sanctions should be available to punish scientific misconduct. Finally, I propose a federal criminal statute designed specifically for prosecuting scientific misconduct.

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The Tort Of Bad Faith In First-Party Insurance Transactions: Refining The Standard Of Culpability And Reformulating The Remedies By Statute, Roger C. Henderson Jan 1992

The Tort Of Bad Faith In First-Party Insurance Transactions: Refining The Standard Of Culpability And Reformulating The Remedies By Statute, Roger C. Henderson

University of Michigan Journal of Law Reform

This Article explores the common-law and statutory background of the tort of bad faith in first-party insurance situations analyzes the varying standards of culpability that have been developed by the courts and suggests a uniform statutory solution to the problems created by the varying standards. The statute also tailors the remedies more closely to the particular type of insurer wrongdoing. The proposed remedies recognize the dual nature of the insurer-insured relationship, that is, one based upon contract and tort concepts. Such a statute would eliminate many of the ambiguities and other deficiencies in the common law of those states that …

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Table Of Contents, Volume Three, Number One, Winter 1992, Risk Editorial Board Jan 1992

Table Of Contents, Volume Three, Number One, Winter 1992, Risk Editorial Board

RISK: Health, Safety & Environment (1990-2002)

Table of contents for the journal Risk: Issues in Health & Safety (ISSN: 1073-8673).

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Risk And Value Judgments: A Case Study Of The Poison Prevention Packaging Act, William E. Hilton Jan 1992

Risk And Value Judgments: A Case Study Of The Poison Prevention Packaging Act, William E. Hilton

RISK: Health, Safety & Environment (1990-2002)

Mr. Hilton attempts to show why important choices presented in current proposals to amend child-resistant packaging regulations are fundamentally normative. He then argues that these choices should not be obscured by the technical issues.

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Book Review, Hugh H. Gibbons Jan 1992

Book Review, Hugh H. Gibbons

RISK: Health, Safety & Environment (1990-2002)

Reviews of the following books: K. S. SHRADER-FRECHETTE, Risk AND RATIONALITY (U. California Press 1991) [312 pp.] Index of Names, Index of Subjects, Notes. CIP 91-3294; ISBN 0-520-07287-1 (Cloth $39.95); ISBN 0-520-07289-8 (Pbk. $15.95). [2120 Berkeley Way, Berkeley, CA 94720.] W. KIP VisCusi, REFORMING PRODUCTS LIABILITY (Harvard U. Press 1991). [270 pp.] Appendices, bibliography, index, notes. CIP 90-23161, ISBN 0-674-75323-2 (Cloth $39.95). [79 Garden Street Cambridge, MA 02138.]

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The Visual Artists Rights Act: Federal Versus State Moral Rights, Brett Sirota Jan 1992

The Visual Artists Rights Act: Federal Versus State Moral Rights, Brett Sirota

Hofstra Law Review

No abstract provided.

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