Law Commons^™

Threshold Barriers To Title 1 And Title Iii Of The Americans With Disabilities Act: Discrimination Against Mental Illness In Long-Term Disability Benefits, Nancy Lee Firak

Journal of Law and Health

Any discussion of the ADA presents an organizational challenge not only because of the complex structure of the Act itself, but also because the ADA implicates other complex federal remedial schemes such as the Employee Retirement Income Security Act (ERISA) and the Rehabilitation Act. The social policy implications of the issues under discussion in this article are complex and at times even contradictory, as is perhaps unavoidable. Part II outlines a typical case in which the employer provided inferior long-term disability benefits to those with mental disabilities. The purpose of Part II is to provide the reader with a map …

Pitfalls In Diagnosis Of Occupational Lung Disease For Purposes Of Compensation - One Physician's Perspective , Lawrence Martin

Journal of Law and Health

Ideally, the fact that diagnosis of OLD involves the legal profession should not affect a physician's objectivity or clinical approach. Physicians have an obligation to help assure that deserving patients receive compensation, and that claimants without a compensable occupational illness are not unjustly rewarded. However, the attorney's need to prove a diagnosis "with medical certainty," and the defendant's needs to refute that diagnosis with equal certainty, often skew what would otherwise be a straightforward diagnostic process. Resulting pitfalls in diagnosis can, in the end, trap the physician advocate and the side he is trying to help.

Volume 49 Issue 1 (1998), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

Electronic Mail And Confidential Client-Attorney Communications: Risk Management, Colleen L. Rest

Case Western Reserve Law Review

No abstract provided.

Tales Of Sexual Panic In The Legal Academy: The Assault On Reverse Incest Suits, Edward Greer

Case Western Reserve Law Review

No abstract provided.

Sentenced For A Crime The Government Did Not Prove: Jones V. United States And The Constitutional Limitations On Factfinding By Sentencing Factors Rather Than Elements Of The Offense, Benjamin Priester

Journal Publications

The tension between the two principles set out above is an unresolved dilemma for the United States Supreme Court. On the one hand, not every fact relevant to sentencing a criminal defendant warrants the Constitution's full criminal procedure protections. On the other hand, if those protections apply only to the facts selected by the legislature to determine guilt or innocence, the sentencing proceeding may overwhelm the trial in importance because the sentencing facts will determine the defendant's fate to a far greater extent. Justice Scalia described this tension bluntly: Suppose that a State repealed all of the violent crimes in …

Utah V. Marvin Newell Green : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM AN ORDER DISMISSING COUNTS OF POSSESSION OF COCAINE IN A DRUG FREE ZONE, AN ENHANCED SECOND DEGREE FELONY, AND POSSESSION OF PARAPHERNALIA IN A DRUG FREE ZONE, AN ENHANCED CLASS A MISDEMEANOR, IN THE FOURTH JUDICIAL DISTRICT, THE HONORABLE RAY M. HARDING, PRESIDING

State Of Utah V. John K. Provence : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Brief of Appellee

Carla K. Parker V. Dale S. Parker : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM DECREE OF DIVORCE AND ORDERS IN THE THIRD JUDICIAL DISTRICT COURT, IN AND FOR SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE SANDRA N. PEULER PRESIDING

Victor E. Shade V. Delores C. Shade : Brief Of Respondent, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

RESPONSE TO AN APPEAL FROM A DECISION OF THE THIRD DISTRICT COURT OF SALT LAKE COUNTY, UTAH HONORABLE WILLIAM A THORNE

State Of Utah V. Pam Kay Barrett : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

AN APPEAL FROM A CONVICTION OF ONE COUNT OF INTENTIONAL OR KNOWING POSSESSION OF METHAMPHETAMINE, A SECONDDEGREE FELONY UNDER UTAH CODE § 58-37-8(2) (1998); FOUR COUNTS OF THIRD-DEGREE FELONY BURGLARY UNDER UTAH CODE ANN. § 76-6-202 (1995) AND TWO COUNTS OF THIRD-DEGREE FELONY UNDER UTAH CODE ANN. § 76-6-404 (1995), IN THE SECOND JUDICIAL DISTRICT COURT IN AND FOR WEBER COUNTY, STATE OF UTAH, THE HONORABLE JUDGE ROGER S. DUTSON, PRESIDING

Carla K. Parker V. Dale S. Parker : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

AN APPEAL FROM A DECREE OF DIVORCE AND ORDERS IN THE THIRD JUDICIAL DISTRICT COURT, IN AND FOR SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE SANDRA N. PUELER PRESIDING.

Workmen's Auto Insurance Company V. Chubb Customer Center, Inc., Dba Chubb Group Of Insurance Companies : Petition For Rehearing, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

WORKMEN'S AUTO INSURANCE COMPANY'S PETITION FOR REHEARING

APPEAL FROM THE JUDGMENT OF THE THIRD JUDICIAL DISTRICT COURT SALT LAKE COUNTY, STATE OF UTAH THE HONORABLE WILLIAM W. BARRETT, PRESIDING

Steven Whited V. Utah Department Of Human Services And The Career Service Review Board: Petition For Rehearing, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM A STATE OF UTAH CAREER SERVICE REVIEW BOARD DECISION AND FINAL AGENCY ACTION

Achieving Consensus On Defective Product Design, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.

Enforcement And The Evolution Of Cooperation, George W. Downs

Michigan Journal of International Law

The purpose of this article is to broadly characterize the political economy or institutionalist theory of enforcement and to present data that is at least a first step toward evaluating the managerial and transformationalist critiques. The first section will present a short, schematic summary of the role of enforcement as it is currently viewed in the "new institutions" or political economy literature in international relations. While doubtless familiar to many readers, this is an important point of departure. A notable portion of the debate about the role of enforcement continues to stem from differences in terminology and from the fact …

Conceptual, Methodological And Substantive Issues Entwined In Studying Compliance, Harold K. Jacobson

Michigan Journal of International Law

In his insightful introduction to this collection Jose E. Alvarez refers to the popularity of studies of "why nations behave." He explains this popularity as a response to the increasing waves of international regulation that have occurred during the closing years of the twentieth century, regulation that frequently involves issues previously left to nation states. As one who has been a participant over the past decade in an effort to discover answers to the question that Alvarez put so clearly, the author is pleased by the broad interest that the subject has gained and feels privileged to have an opportunity …

Force Without Law: Seeking A Legal Justification For The September 1996 U.S. Military Intervention In Iraq, Gavin A. Symes

Michigan Journal of International Law

This note concludes that none of the various legal arguments offered in support of the September 1996 military intervention against Iraq adequately justifies U.S. actions under international law and that in fact international law was never a real concern in planning, implementing, or even justifying the intervention. Part I relates the general history of the "Kurdish problem" and the particulars of the incident under scrutiny. This Part then goes on to describe the aftermath of the intervention and its failure to achieve any of the stated goals of the United States. Part II addresses the general validity under international law …

Procedural Issues In Wto Dispute Resolution, Peter Lichtenbaum

Michigan Journal of International Law

This article identifies particularly significant procedural issues that are arising in WTO dispute resolution and comments on the possible evolutionary paths of the law. This task requires that the article strike a balance between breadth of coverage and depth of coverage. As a result, the article does not aim to provide a complete discussion of all aspects of the WTO dispute resolution system and generally does not discuss issues that have not been addressed by WTO panels. The article does not seek to provide an exhaustive analysis of each issue discussed, and therefore deals briefly with the background under the …

Slashing And Burning Prisoners' Rights: Congress And The Supreme Court In Dialogue, Susan Herman

Faculty Scholarship

No abstract provided.

Personal Jurisdiction For Copyright Infringement On The Internet, Christian M. Rieder, Stacy P. Pappas

Santa Clara Law Review

No abstract provided.

Custody Relocation: More Questions Than Answers Result From High Court Opinions In California And New York, Pamela Markert

Santa Clara Law Review

No abstract provided.

A Reluctant Stance By The Internal Revenue Service: The Uncertain Future Of The Use Of The Section 2503(B) Annual Gift Exclusion Following Crummey And Cristofant, Christopher Steenson

Santa Clara Law Review

No abstract provided.

Richards V. Jefferson County: The Supreme Court Stems The Crimson Tide Of Res Judicata, R. Jason Richards

Santa Clara Law Review

No abstract provided.

A Reply To Messrs. Berger And Kanner, Lois J. Schiffer

Santa Clara Law Review

No abstract provided.

Disabling Workers' Compensation Exclusivity: Enabling California Workers To File Work-Related Disability Discrimination Claims In State Court, Linda J. Lorenat

Santa Clara Law Review

No abstract provided.

A Comparison Of California Common Interest Development Law And The Uniform Common Interest Of Ownership Act, Katharine N. Rosenberry, Curtis G. Sproul

Santa Clara Law Review

No abstract provided.

Looking For A Solution: Determining Fetal Status For Prenatal Drug Abuse Prosecutions, Sarah Letitia Kowalski

Santa Clara Law Review

No abstract provided.

Books Received, Santa Clara Law Review

Santa Clara Law Review

No abstract provided.

Towards A Social Capital Theory Of Law: Lessons From Collaborative Reproduction, Jason Mazzone

Santa Clara Law Review

No abstract provided.