Law Commons^™

Indian Claims In The Courts Of The Conqueror, Nell Jessup Newton

Journal Articles

The Federal Circuit reviews Indian claims because Congress combined the former Court of Claims, which had jurisdiction over Indian claims, with the Court of Patent and Customs Appeals to create the new Claims Court. The jurisdiction of the Court of Claims also included some patent cases as well as tax, contract, pay suits, takings cases, and congressional reference cases. Congress added the Court of Claims to this mix in part to counter the argument that the two new courts, the Claims Court and the Federal Circuit, would become overly specialized.

Indian claims comprise only a tiny portion of the jurisdiction …

Professionalism And Community: A Response To Terrell And Wildman, Robert E. Rodes

Journal Articles

Professor Terrell and Mr. Wildman have earned our gratitude with their sober, thoughtful, lucid, and honest contribution to the ongoing discussion of professionalism. They have examined the problems with a sharp and critical eye, placed them in a social and historical perspective, and offered modest but genuinely helpful suggestions for solving them. They are quite free from the obfuscation and bombast that often appear when people address this difficult subject. Best of all, they have resisted the temptation to draw an invidious distinction between a profession and a business - a distinction that is often presented in ways that no …

Note, Lead Poisoning In Children: A Proposed Legislative Solution To Municipal Liability For Furnishing Lead-Contaminated Water, Anthony J. Bellia Jr.

Journal Articles

Lead poisoning has become one of the most widespread and serious environmental diseases facing children in the United States. In response to the problem of childhood lead exposure, the Environmental Protection Agency (EPA) has promulgated expansive regulations to reduce drinking water lead levels. However, the regulations are not without significant gaps and shortfalls. Many improvements that the EPA requires need not be in place for years, and some households at risk of unsafe lead exposure receive no regulatory protection at all. One question that arises amidst these regulatory gaps is whether a plaintiff can hold a public water system liable …

Remarks On The Dedication Of The Robing Room In Honor Of Judge Robert Allen Grant, Kenneth F. Ripple

Journal Articles

Today, Notre Dame Law School honors one of its most beloved and successful sons by naming in his honor the robing room of the courtroom. "Robing Room" is really a misnomer for this chamber. It serves a variety of functions for the court, and it is no exaggeration to term it the epicenter of the court's activity. If we take a few moments to review what judges do in this room and reflect on the significance of those activities in the American judicial tradition, it becomes readily apparent why it is particularly appropriate that this room be named in honor …

The French Legal Profession: A Prisoner Of Its Glorious Past?, Tang Thi Thanh Trai Le

Journal Articles

In 1978 a French television poll queried 982 viewers as to their images of the French lawyer (avocat). Of those polled, less than five percent held a positive view of the avocat. Eighteen percent of the 940 persons who expressed a negative view of the avocat simply conveyed this impression in general terms, but the remainder were more precise. Forty-eight percent of the respondents felt that the avocat was a "money sucker"; fourteen percent saw him as a man without conscience; and another fourteen percent believed that he acted with impunity within his bar. Four percent considered the bar to …

Fiduciary Obligation Under Intellectual Siege: Contemporary Challenges To The Duty To Be Loyal, Deborah A. Demott

Faculty Scholarship

No abstract provided.

Rollups Of Limited Partnerships: Questions Of Regulation And Fairness, Deborah A. Demott

Faculty Scholarship

No abstract provided.

The Structure Of Entitlements, Madeline Morris

Faculty Scholarship

No abstract provided.

Defining Finality And Appealability By Court Rule: A Comment On Martineau’S “Right Problem, Wrong Solution”, Thomas D. Rowe Jr.

Faculty Scholarship

No abstract provided.

Assessments Of Noneconomic Damage Awards In Medical Negligence: A Comparison Of Jurors With Legal Professionals, Neil Vidmar, Jeffrey J. Rice

Faculty Scholarship

No abstract provided.

The Comprehensive Approach To Global Climate Policy: Issues Of Design And Practicality, Jonathan B. Wiener, Richard B. Stewart

Faculty Scholarship

No abstract provided.

The Supreme Court And The Fourteenth Amendment: The Unfulfilled Promise, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Codification Of Supplemental Jurisdiction: Anatomy Of A Legislative Proposal, Arthur D. Wolf

Faculty Scholarship

The historic nature of congressional action in codifying supplemental jurisdiction in section 1367 calls for a close examination of the legislative process and product. Section I of this Article presents a brief survey of the development of supplemental jurisdiction. Section II examines the history of the legislative process that produced section 1367. Section III contains a preliminary review of judicial decisions under the new supplemental jurisdiction statute. The Article concludes with some editorial remarks regarding the statute and the process by which it became public law.

Nontidal Wetlands Protection In Maryland And Virginia, Richard H. Mcneer

Maryland Law Review

No abstract provided.

What Is A Tort Claim? An Interpretation Of Contemporary Tort Reform, Kenneth S. Abraham

Maryland Law Review

No abstract provided.

Could He Go Faster Than He Could? Ruminations On The Time Lapse From Oral Argument To Opinion Filing In The Court Of Appeals Of Maryland, William H. Adkins Ii

Maryland Law Review

No abstract provided.

Cheek V. United States: Finally, A Precise Definition Of The Willfulness Requirement In Federal Tax Crimes, Dwight W. Stone Ii

Maryland Law Review

No abstract provided.

Maryland's Right Of In Banc Review, John J. Connolly

Maryland Law Review

No abstract provided.

The Intellectual Ordering Of Contemporary Tort Law, Marc Feldman

Maryland Law Review

No abstract provided.

The Aftermath Of The Iran-Contra Trials: The Uncertain Status Of Derivative Use Immunity, Jerome A. Murphy

Maryland Law Review

No abstract provided.

The Tragedy Of The Interstate Child: A Critical Reexamination Of The Uniform Child Custody Jurisdiction Act And The Parental Kidnaping Prevention Act, Anne B. Goldstein

Faculty Scholarship

This Article's thesis is that the Uniform Child Custody Jurisdiction Act (UCCJA) and the Parental Kidnaping Prevention Act (PKPA) have not eliminated jurisdictional competition because a federal system such as ours cannot achieve both of the Acts' two main instrumental goals - preventing or punishing "child snatching" and promoting well-informed decisions. Our system commits custody decisions to sovereign states, which make and modify the decisions according to indeterminate precepts. Such a system will inevitably create some version of the interstate child; so long as these features of our system persist, legislation cannot solve the problem. Therefore, although this Article proposes …

The Disinterested Person: An Alternative Approach To Shareholder Derivative Litigation., Joel Seligman

Scholarship@WashULaw

Recently I had the opportunity to apply an unused procedure in a shareholder derivative litigation. In 1989 Michigan amended its Business Corporation Act to allow a court under specified circumstances to appoint a "disinterested person" to perform fact gathering functions similar to those of a German investigative judge. In 1991 I was appointed to be the disinterested person in a derivative litigation involving Rospatch Corporation. The experience persuaded me that compared to litigation and the special litigation committee, the disinterested person approach may often have significant advantages in terms of reduction of litigation costs, procedural fairness, and protection of shareholders.

Computer Programs In Europe: A Comparative Analysis Of The 1991 Ec Software Directive, Jerome Huet, Jane C. Ginsburg

Faculty Scholarship

Long awaited – if not feared – in the computer industry, where its elaboration had evoked heated debate, the European Council Directive of May 14, 1991 on the Legal Protection of Computer Programs (the "Directive" or "Software Directive")has imposed common principles of copyright protection on the twelve Member States of the European Community (the "EC", the "Community"). As it declares in its preamble, the Directive responds to the need to ensure the proper functioning of a single marketand, to that end, to eliminate man), of the current differences among the Member States' legal systems.

In the domain of European copyright …

Union Raids, Union Democracy, And The Market For Union Control, Stewart J. Schwab

Cornell Law Faculty Publications

In this article, Professor Schwab compares the union member-leader relationship to the corporate shareholder-manager relationship and examines what can be learned from the voluminous literature regarding corporate control about problems of internal union democracy. Specifically, he questions whether a viable market for union control does or could exist that might induce leaders to act in the interests of their members. He analyzes the structural weaknesses in the market for union control and the legal factors inhibiting a union takeover market. Schwab concludes that a weak market does exist, despite the nonprofit nature of unions that limits the ability of leaders …

Environmental Criminal Prosecutions: Simple Fixes For A Flawed System, Kevin A. Gaynor, Jodi C. Remer, Thomas R. Bartman

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Going Naked Into The Thorns: Consequences Of Conducting An Environmental Audit Program, Linda Richenderfer, Neil R. Bigioni

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Clean Air Act Amendments Of 1990: Enhanced Criminal Liability, Alexa B. Pappas

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Recovery Of Response Costs Under Cercla: A Question Of Causation Under Dedham Water Co. V. Cumberland Farms Dairy, Inc., Kim Kocher

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Environmental Prosecutor: New Jersey's Innovative Approach To Environmental Enforcement, Steven J. Madonna, Kathleen M. Breslin

Villanova Environmental Law Journal (1991 - )

No abstract provided.

An Expansion Of Corporate Successor Liability Under Cercla: United States V. Distler, Susan M. Girard

Villanova Environmental Law Journal (1991 - )

No abstract provided.