Law Commons^™

Globalization For Whom, Mark Weisbrot

Cornell International Law Journal

No abstract provided.

The Multilateral Agreement On Investment And International Labor Rights: A Failed Connection, Lance Compa

Cornell International Law Journal

No abstract provided.

De-Fanging The Mai, Mark Vallianatos

Cornell International Law Journal

No abstract provided.

Reproducing A Fit Citizenry: Dependency, Eugenics, And The Law Of Marriage In The United States, Matthew Lindsay

All Faculty Scholarship

Between the Gilded Age and the Progressive Era, American state legislatures enacted a series of new laws that delineated a class of citizens who were deemed ineligible to participate in the institution of marriage. Scholars have characterized this development as evidence that lawmakers had lost faith in a laissez-faire approach to nuptial governance, and thus transformed marriage into an object of public regulation. This essay argues that behind the ostensible nuptial privatism of the mid-nineteenth century lay a self-conscious policy. of judicial governance. Judges invoked the language of nuptial privacy and the common law of contract strategically to advance their …

25th Annual Midwest/Midsouth Estate Planning Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Turney P. Berry, Robert M. Bellatti, Edward J. Beckwith, Susan Porter, Jesse T. Mountjoy, Jeffrey M. Yussman, Tawana L. Edwards, Wayne F. Wilson, Sheldon G. Gilman, Edward A. Rothschild, Norvie L. Lay, Theodore B. Atlass

Continuing Legal Education Materials

Materials from UK/CLE's 25th Annual Midwest/Midsouth Estate Planning Institute held in July 1998.

Notre Dame Lawyer - Summer 1998, Notre Dame Law School

Notre Dame Lawyer

Of Trees and Books and Other Things

Professors Emeriti-Teachers Eternal

Faculty Scholarship-Recent Books

Inspirational Leaders

Graduation Highlights

Professor Alan Gunn-1998 Distinguished Teach Award Recipient

Lisa Schiltz-A Special Advocate for Special Needs

Administrative Law, Terri L. Carver

Mercer Law Review

The Eleventh Circuit ruled on numerous administrative law issues in 1997, including exhaustion of administrative remedies, deference to agency legal interpretations, and the time period for appealing federal agency actions. The Eleventh Circuit also took a close look at the scope of an inspector general's subpoena powers and clarified the role of agency investigations versus inspectors general investigations.

The Eleventh Circuit decided several cases of first impression in 1997. In a case of first impression nationwide, the Eleventh Circuit ruled that determining the amount of attorney fees in an administrative case was a collateral issue.' Therefore, the issue of attorney …

Appellate Practice And Procedure, William M. Droze

Mercer Law Review

An appellate court is often characterized by the opinions that it writes. Though an appellate opinion represents a written expression and extension of the judicial personality, it is necessarily dictated in part by the facts of the case. As a result, a court's application of appellate procedure may serve as a better crucible for assembling a judicial portrait and undertaking to study trends and direction. This Article examines recent appellate cases with a view towards understanding appellate direction as well as assisting the practitioner with an overview of appellate procedure in action. The Eleventh Circuit's emphasis on professionalism and on …

Federal Sentencing Guidelines, Andrea Wilson

Mercer Law Review

Appeals attempting to resolve issues concerning the United States Sentencing Guidelines ("U.S.S.G.") continue to require much of the resources of the Eleventh Circuit Court of Appeals. The sentencing guidelines are the driving force behind thousands of prosecutions and appeals each year. However, the number of amendments to the guidelines has diminished in recent years, and the court seems to be free to do more fine-tuning than in the past.

Bankruptcy, W. Homer Drake Jr., Michael M. Duclos

Mercer Law Review

Unlike past years when the United States Court of Appeals for the Eleventh Circuit issued a tremendous number of bankruptcy decisions each term, 1997 turned out to be a very quiet year because the Eleventh Circuit issued only eight opinions addressing matters arising under the Bankruptcy Code. This Article is a survey of those 1997 bankruptcy decisions.

Smith V. State: The Georgia Supreme Court Mandated Jury Instructions In Battered Person Syndrome Cases, Sherry M. Hall

Mercer Law Review

After a recent Georgia Supreme Court ruling, battered person syndrome is entitled to separate jury charges when the defendant properly establishes the battered person syndrome self-defense claim.

Trial Practice And Procedure, Philip W. Savrin, Robyn L. Oliver

Mercer Law Review

This Article surveys the 1997 decisions of the Eleventh Circuit Court of Appeals that have a significant impact on issues relating to trial practice and procedure.

Apportioning Coverage Responsibility Of Consecutive Insurers When The Actual Occurrence Of Injury Cannot Be Ascertained: Who Has To Contribute In A Settlement?, Rob S. Register

Mercer Law Review

No abstract provided.

Dignity, Vengeance, And Fostering Democracy, Jaime Malamud Goti

University of Miami Inter-American Law Review

No abstract provided.

Receivables Financing To Mexican Borrowers: Perfection Of Article 9 Security Interests In Cross-Border Accounts, Todd C. Nelson

University of Miami Inter-American Law Review

No abstract provided.

The Fourth Protocol To The Income Tax Treaty Between The United States And Canada - A Step In The Right Direction, Adam D. Lustig

University of Miami Inter-American Law Review

No abstract provided.

The Interplay Between The Foreign Sovereign Immunities Act And Erisa: The Effects Of Gates V. Victor Fine Foods, Karen Geller

University of Miami Inter-American Law Review

No abstract provided.

Development Of Securitised Debt Markets In Emerging Countries, Lakshman Alles

IIMB Management Review

Liberalisation has seen many economies, especially in Asia, opening their hitherto sheltered domestic markets to global competition and providing greater opportunities to trade and foreign investment. The spinoffs of liberalisation bring in new implications, opportunities and challenges for the governments as well as the organisations involved. Round Table features some of the issues discussed in the conference on 'Managing Economic Liberalisation in South Asia : Directions for the 21st Century' held in Chennai, India, from August 10 -13. Selvarajah examines the realignment of economies towards globalisation as a development of regionalism. The shift in economic forces away from multilateral arrangements …

Intellectual Property Rights: Canada And India, Bernard M Wolf

IIMB Management Review

Liberalisation has seen many economies, especially in Asia, opening their hitherto sheltered domestic markets to global competition and providing greater opportunities to trade and foreign investment. The spinoffs of liberalisation bring in new implications, opportunities and challenges for the governments as well as the organisations involved. Round Table features some of the issues discussed in the conference on 'Managing Economic Liberalisation in South Asia : Directions for the 21st Century' held in Chennai, India, from August 10 -13. Selvarajah examines the realignment of economies towards globalisation as a development of regionalism. The shift in economic forces away from multilateral arrangements …

Workers' Compensation

South Carolina Law Review

No abstract provided.

Preface

South Carolina Law Review

No abstract provided.

Bennet V. Spear: Lions, Tigers And Bears Beware; The Decline Of Environmental Protection, Preeti S. Chaudhari

Northern Illinois University Law Review

The conservationist purpose of several environmental statutes is eroding. This casenote examines the Supreme Court's decision in Bennett v. Spear, in which the Court expanded standing by holding that even commercial entities may sue under the Endangered Species Act's citizen suit provision. The Note traces the progression and development of standing, both generally and with respect to federal environmental statutes. It then analyzes the Bennett v. Spear decision, focusing on the Supreme Court's shift away from environmental interests and toward those of commerce. Finally, the author offers three strategies to restore the environmental protectionist purpose of the Endangered Species Act.

Throwing Like A Girl: Constitutional Implications Of Title Ix Regarding Gender Discrimination In High School Athletic Programs, Tracy J. Johnson

Northern Illinois University Law Review

This comment examines various approaches to dealing with sexual discrimination in high school sports. The decisions reveal that equal protection under the law is violated if the classification between males and females in connection with team sports is based on stereotypic notions or assumptions. The author suggests that rules which automatically exclude all females from competing with the males for a place on a team violate equal protection and impair the important governmental objective of providing full and equal opportunity to educational programs and activities. Finally, this comment stresses that in order to provide meaningful athletic opportunities to young women, …

Understanding Congressional Reform: Lessons From The Seventies, Rafael Gely, Asghar Zardkoohi

Faculty Publications

The purpose of this article is to examine voting behavior of representatives when faced with dual constraints (constituents back home and the leadership) as compared to one constraint (constituents back home). An ambitious goal of the study would have been to examine the effects of both sets of reforms. However, there are two reasons for not using the 1995 reforms in our empirical examinations. First, not enough time has passed to fully observe the effect of term limits on voting behavior. Second, and more importantly, the leadership, whose power it was to impose a constraint on a representative's promotional opportunities, …

Charitable Remainder Trusts: An Overview, Paul D. Callister

Faculty Works

No abstract provided.

The Reality Of Bytes: Regulating Economic Activity In The Age Of The Internet, Michael A. Geist

Washington Law Review

By utilizing both a backward and forward looking perspective, this Article develops a model conducive to better understand the Internet's legal implications on economic regulation. The model is also intended to help legislators and regulators adapt their legal and regulatory frameworks to the Internet. This Article canvasses and builds upon the burgeoning development of Internet law. It suggests that the Internet's impact on economic regulation is best understood by classifying its effects into four categories, each of which requires a different regulatory response. It also considers potential solutions for adapting economic regulation to the Internet. This Article concludes that no …

Controlled Impairments Under The Americans With Disabilities Act: A Search For The Meaning Of "Disability", Erica Worth Harris

Washington Law Review

The Americans with Disabilities Act (ADA) protects individuals with disabilities from discrimination. Since its passage in 1991, the number of individuals seeking protection under the Act has steadily increased and the types of impairments claimed to qualify as disabilities have dramatically expanded. Many disability claims test the boundaries of the Act and reveal a muddied conception of what constitutes a disability for purposes of the ADA. This Article investigates the meaning of the term disability to define more clearly who should benefit under the Act. By focusing on controlled impairments, a group of disability claims that has produced a split …

A Proposed Conflict Of Interest Rule For Attorney-Mediators, Michelle D. Gaines

Washington Law Review

Maintaining the success and fairness of mediation requires mediators to be impartial toward all parties and to protect the confidentiality of mediation sessions. Attorney-mediators encounter conflicts of interest, based on prior or subsequent representation of clients, that can disrupt impartiality or confidentiality. When attorneys practice mediation, it is unclear where they should look for guidance: attorney rules of professional conduct, mediator ethical standards, or both. Additionally, attorney-mediators encounter unique issues that ethical guidelines designed for attorneys or mediators do not address adequately. This Comment proposes a comprehensive conflict of interest rule for inclusion in the Rules of Professional Conduct that …

No More Messing Around: Substantive Due Process Challenges To State Laws Prohibiting Fornication, Traci Shallbetter Stratton

Washington Law Review

Anglo-American law has historically prohibited fornication, and through the 1960s fornication remained illegal in all but ten states. Few questioned the validity of laws proscribing various forms of private, adult, consensual sexual behavior until the early 1970s. Aside from legislative repeal, substantive due process has been the primary weapon in the fight against state sex laws. Although the U.S. Supreme Court's substantive due process jurisprudence, particularly in the area of personal privacy, has brought the constitutionality of fornication statutes into question, it has not definitively resolved the matter. This Comment argues that laws prohibiting fornication do not violate substantive due …

The Bahamas

University of Miami Inter-American Law Review

No abstract provided.