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1995

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Articles 31 - 60 of 104

Full-Text Articles in Law

3. False Allegations And False Denials In Child Sexual Abuse., Thomas D. Lyon Jan 1995

3. False Allegations And False Denials In Child Sexual Abuse., Thomas D. Lyon

Thomas D. Lyon

The amicus brief in the Kelly Michaels case ignores the risks that abused children will fail to reveal abuse unless direct and sometimes leading questions are asked. Although the brief correctly criticizes previous research for understating the risks that aggressive interviewing practices will lead young children to make false allegations of abuse, it overstates the likelihood that false allegations occur by overlooking the aspects of the Kelly Michaels case and the research it inspired that are unlike the typical abuse case.  The author discusses factors that lead abused children to falsely deny abuse and that minimize the likelihood that nonabused …


Book Review: Let Us Now Praise Infamous Men (Reviewing Owen M. Fiss, History Of The Supreme Court Of The United States : Troubled Beginnings Of The Modern State, 1888-1910), Stephen Siegel Jan 1995

Book Review: Let Us Now Praise Infamous Men (Reviewing Owen M. Fiss, History Of The Supreme Court Of The United States : Troubled Beginnings Of The Modern State, 1888-1910), Stephen Siegel

Stephen Siegel

No abstract provided.


In Memoriam: George B. Fraser, David Swank Dec 1994

In Memoriam: George B. Fraser, David Swank

David Swank

No abstract provided.


Race And Gender Discrimination In Bargaining For A New Car, Ian Ayres, Peter Siegelman Dec 1994

Race And Gender Discrimination In Bargaining For A New Car, Ian Ayres, Peter Siegelman

Peter Siegelman

No abstract provided.


Juror Neutrality Or An Impartiality Array? A Structural Theory Of The Impartial Jury Mandate, Scott Howe Dec 1994

Juror Neutrality Or An Impartiality Array? A Structural Theory Of The Impartial Jury Mandate, Scott Howe

Scott W. Howe

Since the Supreme Court's 1986 decision in Batson v. Kentucky, commentary about jury selection has focused on equal protection requirements rather than on the Sixth Amendment's impartiality mandate. The organizing themes of impartiality doctrine were less than clear when Batson was decided. The Court's return to equal protection as the source of significent new limitations raised additional questions about the function of impartiality regulation, even as it diverted attention from the Court's impartiality decisions.

The modest volume of commentary focusing on impartiality doctrine has also come in fractured form, with little analysis of the impartiality decisions as a structural whole. …


Defining The Business Necessity Defense To The Disparate Impact Cause Of Action: Finding The Golden Mean, Andrew Spiropoulos Dec 1994

Defining The Business Necessity Defense To The Disparate Impact Cause Of Action: Finding The Golden Mean, Andrew Spiropoulos

Andrew C. Spiropoulos

No abstract provided.


Book Review, Challenging The Hart And Wechsler Paradigm, Mary Brigid Mcmanamon Dec 1994

Book Review, Challenging The Hart And Wechsler Paradigm, Mary Brigid Mcmanamon

Mary Brigid McManamon

No abstract provided.


Vampires Among Us--Does A Grand Jury Subpoena For Blood Violate The Fourth Amendment?, Floralynn Einesman Dec 1994

Vampires Among Us--Does A Grand Jury Subpoena For Blood Violate The Fourth Amendment?, Floralynn Einesman

Floralynn Einesman

The integrity of an individual's person is a cherished value of our society. That we today hold that the Constitution does not forbid the States minor intrusions into an individual's body under stringently limited conditions in no way indicates that it permits more substantial intrusions, or intrusions under other conditions


Practiced Moral Activism, Paul R. Tremblay Dec 1994

Practiced Moral Activism, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.


Essay: Lawyer Advertising, Professional Ethics, And The Constitution, Jonathan Van Patten Dec 1994

Essay: Lawyer Advertising, Professional Ethics, And The Constitution, Jonathan Van Patten

Jonathan Van Patten

No abstract provided.


Products Liability Law In The Nineties: Will Federal Or State Law Control?, Vicki Lawrence Macdougall Dec 1994

Products Liability Law In The Nineties: Will Federal Or State Law Control?, Vicki Lawrence Macdougall

Vicki Lawrence MacDougall

No abstract provided.


Some Legal Problems With Trusteeship, Ruth Gordon Dec 1994

Some Legal Problems With Trusteeship, Ruth Gordon

Ruth Gordon

No abstract provided.


The Establishment Of A Rule Against Hearsay In Romano-Canonical Procedure, Frank R. Herrmann Dec 1994

The Establishment Of A Rule Against Hearsay In Romano-Canonical Procedure, Frank R. Herrmann

Frank R. Herrmann, S.J.

No abstract provided.


Sales Of Remainder Interests: Reconciling Gradow V. United States And Section 2702, Martha W. Jordan Dec 1994

Sales Of Remainder Interests: Reconciling Gradow V. United States And Section 2702, Martha W. Jordan

Martha W. Jordan

This article seeks to answer the question of whether the sale of a remainder interest for its actuarial value is exempt from transfer tax. Generally, when a taxpayer sells property for its fair market value, the taxpayer has been adequately compensated and, therefore, should not be subject to transfer tax. The sale of a remainder interest, however, raises various questions that are not present when property is sold outright. The sale of a remainder interest divides the underlying property into two split-interests: the remainder interest and the retained or present interest. The fair market value of split-interests is commonly determined …


The Politics Of Legal Writing: Proceedings Of A Conference For Legal Research And Writing Program Directors, Jan M. Levine Dec 1994

The Politics Of Legal Writing: Proceedings Of A Conference For Legal Research And Writing Program Directors, Jan M. Levine

Jan M. Levine

No abstract provided.


Reexamining The Fiduciary Paradigm At Corporate Insolvency And Dissolution: Defining Directors' Duties To Creditors, Ann E. Conaway Dec 1994

Reexamining The Fiduciary Paradigm At Corporate Insolvency And Dissolution: Defining Directors' Duties To Creditors, Ann E. Conaway

Ann E. Conaway

No abstract provided.


You Can't Please Everyone, So You'd Better Please Yourself: Directing (Or Teaching In) A First-Year Legal Writing Program, Jan M. Levine Dec 1994

You Can't Please Everyone, So You'd Better Please Yourself: Directing (Or Teaching In) A First-Year Legal Writing Program, Jan M. Levine

Jan M. Levine

No abstract provided.


Voices In The Wilderness: Tenured And Tenure-Track Directors And Teachers In Legal Research And Writing Programs, Jan M. Levine Dec 1994

Voices In The Wilderness: Tenured And Tenure-Track Directors And Teachers In Legal Research And Writing Programs, Jan M. Levine

Jan M. Levine

No abstract provided.


Problems In Raising Prayers To The Level Of Rule: The Example Of Federal Rule Of Civil Procedure 1, Patrick J. Johnston Dec 1994

Problems In Raising Prayers To The Level Of Rule: The Example Of Federal Rule Of Civil Procedure 1, Patrick J. Johnston

Patrick J. Johnston

No abstract provided.


Director Liability Under Firrea Redux: Moving Toward Synthesis, Norwood Beveridge Dec 1994

Director Liability Under Firrea Redux: Moving Toward Synthesis, Norwood Beveridge

Norwood Beveridge

No abstract provided.


Vexatious Litigation As Unfair Competition, And The Applicability Of The Noerr-Pennington Doctrine, Robert Tucker Dec 1994

Vexatious Litigation As Unfair Competition, And The Applicability Of The Noerr-Pennington Doctrine, Robert Tucker

Robert Tucker

No abstract provided.


Eu-Gruppundantag Med Förhinder, Hans Henrik Lidgard Dec 1994

Eu-Gruppundantag Med Förhinder, Hans Henrik Lidgard

Hans Henrik Lidgard

No abstract provided.


Privatization Of Municipal Services: A Contagion In The Body Politic, Shirley Mays Dec 1994

Privatization Of Municipal Services: A Contagion In The Body Politic, Shirley Mays

Shirley Mays

No abstract provided.


The Climate Change Convention And Evolving Legal Models Of Sustainable Development, David R. Hodas Dec 1994

The Climate Change Convention And Evolving Legal Models Of Sustainable Development, David R. Hodas

David R. Hodas

No abstract provided.


Designing Assignments For Teaching Legal Analysis, Research And Writing, Jan M. Levine Dec 1994

Designing Assignments For Teaching Legal Analysis, Research And Writing, Jan M. Levine

Jan M. Levine

No abstract provided.


Saving The Summary Jury Trial: A Proposal To Halt The Flow Of Litigation And End The Uncertainties, Ann Woodley Dec 1994

Saving The Summary Jury Trial: A Proposal To Halt The Flow Of Litigation And End The Uncertainties, Ann Woodley

Ann Woodley

No abstract provided.


Specific Performance In Arkansas, Howard W. Brill Dec 1994

Specific Performance In Arkansas, Howard W. Brill

Howard W Brill

No abstract provided.


Financial Support Of Children And The End Of Welfare As We Know It, Stephen D. Sugarman Dec 1994

Financial Support Of Children And The End Of Welfare As We Know It, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.


The Limits Of Product Liability Reform Within A Consumer Expectation Model: A Comparison Of Approaches Taken By The United States And The European Union, John G. Culhane Dec 1994

The Limits Of Product Liability Reform Within A Consumer Expectation Model: A Comparison Of Approaches Taken By The United States And The European Union, John G. Culhane

John G. Culhane

No abstract provided.


The International Whaling Commission & The North Atlantic Marine Mammal Commission: The Institutional Risks Of Coercion For Consensual Structures, David D. Caron Dec 1994

The International Whaling Commission & The North Atlantic Marine Mammal Commission: The Institutional Risks Of Coercion For Consensual Structures, David D. Caron

David D. Caron

No abstract provided.