Law Commons^™

The Proper Role Of After-Acquired Evidence In Employment Discrimination Litigation, Rebecca White, Robert D. Brussack

Scholarly Works

A new defense to employment discrimination claims has gained acceptance in the lower courts. Employers who allegedly have discriminated against their employees because of race, sex or age are winning judgments on the basis of after-acquired evidence of employee misconduct. The evidence is “after-acquired” in the sense that the misconduct was unknown to the employer at the time the alleged discrimination occurred but was acquired later, often through the use of discovery devices in the employee's discrimination action. Lower courts have accepted the proposition that if the employer would have discharged the plaintiff on the basis of the after-acquired evidence, …

Constitutional Equity And The Innovative Tradition, William T. Quillen

Law and Contemporary Problems

It is argued that the court's status as a general equity court with constitutionally vested jurisdiction has benefitted the legal system. The Delaware court of chancery is an example of an equity court that resolves complex disputes expeditiously and lets the litigants move on.

Wrongful Discharge: Litigation Or Arbitration, Terry A. Bethel

Journal of Dispute Resolution

Throughout the country, courts are scrambling to fill the void left by the rapid disappearance of the employment-at-will doctrine. As recently as twenty years ago, most courts accepted without question the adage that employers were free to terminate employees for a good reason, a bad reason, or no reason at alL1 If motivated to explain this rule, the most frequent defense was that employees enjoyed comparable freedom. They, too, could abandon the relationship for whatever reason they desired.

Water Quality Impacts Of The Point Of Diversion, Robert C. Helwick

Water Organizations in a Changing West (Summer Conference, June 14-16)

14 pages.

Contains references.

En Banc Ruling Bursts More Than Bubbles In Patent Litigation: A.C. Aukerman Co. V. Rl Chaides Construction Co. And Its Impact, Russell D. Slifer

Northern Illinois University Law Review

This comment explains the development and application of both laches and equitable estoppel defenses in patent litigation. The comment focuses on the recent Court of Appeals for the Federal Circuit decision changing the evidentiary requirements needed to overcome a presumption of laches. In addition to the changes made to laches, the reduction in elements needed to establish equitable estoppel are reviewed. The author concludes that the changes to laches fail to provide additional protection where additional protection is justified, while the reduced elements of estoppel decrease protection for patent owners.

Water Wars In The Southeast: Alabama, Florida, And Georgia Square Off Over The Apalachicola-Chattahoochee-Flint River Basin, Robert E. Vest

Georgia State University Law Review

No abstract provided.

Local Government Tort Liability: The Summer Of '92, R. Perry Sentell Jr.

Georgia State University Law Review

No abstract provided.

There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham

Touro Law Review

No abstract provided.

A Tribute To Thurgood Marshall, Peter N. Simon

Publications

No abstract provided.

The Future Of Fair Housing Litigation, Robert G. Schwemm

Law Faculty Scholarly Articles

This article is a revised version of the keynote address I gave at a conference entitled "Where is Fair Housing Headed in This Decade?" sponsored by The John Marshall Law School in the Fall of 1992. As its title implies, the conference focused on the future of fair housing, and my address dealt with certain developments that I felt were not only observable in the early years of the 1990s, but were also likely to be important in the remaining years of this decade.

Many of these developments—such as the growing role of the federal government in fair housing enforcement …

And Equal Participation For All...The Americans With Disabilities Act In The Courtroom, Keri K. Gould

Journal of Law and Health

This article hopes to encourage the use of the ADA as a mechanism to increase courtroom accessibility to people with disabilities. The article proceeds in the following manner. Initially, I outline the procedural history and design of the Act. Then, in Part III, I discuss how the ADA seeks to ensure the increased participation of persons with disabilities in courtroom practices and procedures. In Part IV, I discuss the Act's Title II, Public Services, which controls access to and accommodations by the state courts. Next, I trace the discrimination frequently faced by persons with disabilities, which is illustrated by a …

“Junk Science”: The Criminal Cases, Paul C. Giannelli

Faculty Publications

No abstract provided.

Oppressed But Not Betrayed: A Comparative Assessment Of Canadian Remedies For Minority Shareholders And Other Corporate Constituents, Deborah A. Demott

Law and Contemporary Problems

The distinctive Canadian contribution to the resolution of conflict among shareholders and of conflict between nonshareholder constituents--such as creditors--and persons controlling a corporation, typically its shareholders and directors, is examined with respect to comparable US judicial remedies.

The Utilization Of Caveat Emptor In Cercla Private Party Cleanups, Michael Andrew O'Hara

Law and Contemporary Problems

The applicability of equitable defenses in private party Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) actions is discussed. The "caveat emptor" defense is available for courts to use at their discretion, and holding a purchaser responsible for the property he or she purchases is economically and equitably beneficial.

The Eleventh Commandment: Thou Shalt Not Be Compelled To Render The Ineffective Assistance Of Counsel, Richard Klein

Scholarly Works

No abstract provided.

International Trade Law And The Arbitration Of Administrative Law Matters: Farrel V. U.S. International Trade Commission, Ronald A. Brand

Articles

With support from the executive branch, Congress, and the courts, arbitration has become an increasingly popular method of international dispute resolution. While agreements to arbitrate traditionally were frowned upon, particularly when the dispute involved certain “public law” or “statutory” matters, the situation has changed dramatically in the past few decades. United States courts now routinely order arbitration of disputes implicating important policy issues in securities, antitrust, Racketeer Influenced and Corrupt Organizations (“RICO”), and employment law matters. By the end of the 1980’s, the presence of a public or “statutory” issue seemed no longer to be a distinguishing factor; arbitration, when …

Settling In New York: Abdicating Traditional Agency Principles In The Context Of Settlement Disputes, Dean C. Harvey

Touro Law Review

No abstract provided.

Introduction (Symposium On Municipal Liability), Patricia E. Salkin

Scholarly Works

No abstract provided.

Judicial Vacancies And Delay In The Federal Courts: An Empirical Evaluation, In Symposium, The Civil Justice Reform Act, A. Kimberley Dayton

Faculty Scholarship

This Article examines the relationship between federal district court judicial vacancies --whether caused by the executive branch's failure to timely nominate judges, Congress's failure to confirm presidential nominees, or some other reason -- and delays in processing the civil caseload. The hypotheses tested are several configurations of the hypothesis “judicial vacancies cause delay.” The statistical method of analysis of covariance is used to test this hypothesis and thereby evaluate the degree to which delays, defined by reference to certain case management statistics, are correlated to vacancy rates in individual federal district courts, and within the federal system as a whole. …

Captive Courts: The Destruction Of Judicial Decisions By Agreement Of The Parties, Jill E. Fisch

Faculty Scholarship at Penn Carey Law

No abstract provided.

Staying Patent Validity Litigation Pending Reexamination: When Should Courts Endeavor To Do So, Steven M. Auvil

Cleveland State Law Review

This note will discuss the circumstances under which it is appropriate for a court to exercise its authority to stay patent validity litigation pending reexamination of the patent-in-suit. The question must be analyzed with due regard to the unique relationship that exists between Patent Office reexamination and district court litigation. As a point of departure, the note explains the substance and procedure of statutory reexamination. Secondly, it will discuss the possible effects that reexamination may have on concurrent litigation in a district court. Thirdly, the note will examine the discernible factors that courts have considered in deciding whether to suspend …

Girls Should Bring Lawsuits Everywhere . . . Nothing Will Be Corrupted: Pornography As Speech And Product, Marianne Wesson

Publications

No abstract provided.

Rape Trauma Syndrome & Child Sexual Abuse Syndrome, Paul C. Giannelli

Faculty Publications

No abstract provided.

New York Times Co V Sullivan: The 'Actual Malice' – Standard And Editorial Decision-Making, Geoffrey Bennett, Russel L. Weaver

Journal Articles

In an effort to explore conflicting views of the New York Times decision, this article compares how the British media functions under Britain's more restrictive defamation laws with how the US media functions under the actual malice standard. It does so based on interviews with reporters, editors, defamation lawyers, and others involved in the media in an effort to understand how they decide which stories to publish, and to gain some understanding of how libel laws affect editorial decision-making.

Cultural Literacy And The Adversary System: The Enduring Problems Of Distrust, Misunderstanding And Narrow Perspective, Jeffrey W. Stempel

Scholarly Works

The meandering road to discovery reform illustrates, among other things, the ineffectiveness of an atomized profession that lacks either sufficient understanding of the adversary system or the resources and forcefulness to address the practical impact of adversarialism. In some ways, lawyers reforming litigation can be characterized as poorer investigators than the sixsome who examined the elephant. The elephant sleuths were guilty of isolation and ignorance. Lawyers and policy makers not only exhibit a lack of information and empathy, but also often show an unwarranted distrust of or contempt for the elements of the profession with which they disagree. Unfortunately, however, …