Law Commons^™

Genre And Authority: The Rise Of Case Reporting In The Early United States, Denis P. Duffey Jr.

Chicago-Kent Law Review

No abstract provided.

Law And The Creative Mind, Susanna L. Blumenthal

Chicago-Kent Law Review

No abstract provided.

Computer Programs As Literary Works And As Modes Of Operation: A Case Comment On Lotus V. Borland, Jeffrey Brill

Chicago-Kent Law Review

No abstract provided.

"Because The Constitution Requires It And Because Justice Demands It": Specific Speech Injunctive Relief For Title Vii Hostile Work Environment Claims, Cecilee Price-Huish

William & Mary Bill of Rights Journal

Abusive speech often is used effectively by harassers in the workplace to intimidate, terrorize, objectify, and humiliate their intended victims, thus helping to secure and maintain social inequality in the workforce, especially among racial and gender minority employees. Pursuant to the adoption of Title VII of the Civil Rights Act of 1964, the United States Supreme Court, in Meritor Savings Bank v. Vinson, interpreted the statute's anti-employment discrimination mandate as imposing liability for conduct or words in the workplace that have the purpose or effect of interfering with an employee's work performance or of creating an intimidating or hostile work …

Democratic Formalism, A Matter Of Interpretation, Cass R. Sunstein

Articles

No abstract provided.

The Georgia Home Rule System, R. Perry Sentell Jr.

Mercer Law Review

Few doctrines attract more universal acclaim than local government "home rule"; even fewer possess a more convoluted heritage or content. As for heritage, difficulty inheres in locating a point of origin, for "home rule has roots deep in Anglo-American political history." As for content, imprecision begins with terminology itself, for "in point of fact the term has never been given legal definition and can scarcely be regarded as a term of our law at all."

Commercial Law, Robert A. Weber Jr.

Mercer Law Review

No abstract provided.

Domestic Relations, Barry B. Mcgough, Gregory R. Miller

Mercer Law Review

Of the appellate cases decided during the survey period, eighteen are digested here. While the legislature continued to focus on the collection of child support, the appellate courts tackled a wide range of issues.

Real Property, T. Daniel Brannan, William J. Sheppard

Mercer Law Review

This Article surveys case law and legislative developments in Georgia law of real property during the period from June 1, 1997 to May 31, 1998. The cases and statutes discussed in this Article were chosen for their significance to practitioners in Georgia, and not every case decided or statute passed during the survey period is mentioned. Of particular note, in one case decided during the survey period, the Georgia Court of Appeals clarified the reach of the Commercial Real Estate Broker Lien Act by defining what services will support the filing and foreclosure of a broker's lien under the statute

Torts, Deron R. Hicks

Mercer Law Review

No abstract provided.

Workers' Compensation, H. Michael Bagley, Daniel C. Kniffen, Katherine D. Dixon, Marion H. Martin

Mercer Law Review

The 1997-98 survey period was marked by a relatively calm legislative session with respect to workers' compensation, in sharp contrast to the significant legislation that has reshaped the Georgia's Workers' Compensation Act this decade. As usual, however, the appellate courts were active in the workers' compensation arena, issuing decisions over a broad range of issues. In particular, significant rulings affected change in condition cases, the intoxication defense, and the ongoing issue of psychological injury.

The Potential Liabilities Faced By In-House Counsel, Scott L. Olson

University of Miami Business Law Review

No abstract provided.

The Chancellor's Ghost, G. Edward White

Chicago-Kent Law Review

No abstract provided.

Master, Justice, Chancellor Kent: His Legacy For Today's Judges, Penny J. White

Chicago-Kent Law Review

No abstract provided.

"Crimtorts" As Corporate Just Deserts, Thomas Koenig, Michael Rustad

University of Michigan Journal of Law Reform

Just as Grant Gilmore described "contorts" that lie on the borderline between contract and tort law, the authors coin the term "crimtort" to identify the expanding common ground between criminal and tort law. Although the concept of crimtort can be broadly applied to many areas of the law, this Article focuses on the primary crimtort remedy - punitive damages. The deterrent power of punitive damages lies in the wealth-calibration of the defendant's punishment. For corporations this means that punitive damages will reflect the firm's net income or net worth. The theoretical danger is that juries will abuse wealth by redistributing …

Adverse Possession Of Municipal Land: It's Time To Protect This Valuable Asset, Paula R. Latovick

University of Michigan Journal of Law Reform

The laws of several states regarding adverse possession of municipal land vary widely from providing no protection to granting complete immunity from such loss. Generally, states that permit adverse possession of municipally owned land do so without articulating a rationale for allowing such a loss of a valuable municipal asset. In this Article, Professor Latovick describes why the current state of the law is unsatisfactory. She then considers the public policies raised by the issue of adverse possession of municipal land. Professor Latovick concludes by proposing that states should adopt legislation expressly protecting all municipal land from adverse possession and …

Spare The Rod, Embrace Our Humanity: Toward A New Legal Regime Prohibiting Corporal Punishment Of Children, Susan H. Bitensky

University of Michigan Journal of Law Reform

This article proceeds from the simple premise that hitting children hurts them-even when the hitting does not rise to the level of child abuse as traditionally conceived. There is convincing evidence that corporal punishment is a hidden cruelty in child rearing that has serious adverse consequences for its victims and society at large. Yet forty-nine states permit parental corporal punishment of children and approximately half of the states permit such punishment in elementary and secondary schools The main purpose of this Article is to question the advisability of continuing the legalized status of corporal punishment of children in the United …

Chancellor Kent And The Search For The Elements Of Impeachable Offenses, Michael J. Gerhardt

Chicago-Kent Law Review

No abstract provided.

Foreword: The Legacy Of Chancellor Kent, Harold J. Krent

Chicago-Kent Law Review

No abstract provided.

No Summary Judgment For You! One State's (Unjustified) Treatment Of Contract Claims For Cost Profits, Andrew F. Halaby

University of Miami Business Law Review

No abstract provided.

Caribbean Asset Protection Trust: Here Comes The Sun: Dispelling The Dark Clouds Of Controversy, Denise C. Brown

University of Miami Business Law Review

The legends of offshore banking in the Caribbean have become a modem story of reverse piracy. Instead of bounty found, the tales are of money hidden. Unfortunately, the perceptions of Caribbean offshore banking, in particular offshore trusts, as nothing more than hidden treasure, are inaccurate and fail to recognize the value of this asset protection device as a legal, smart wealth shield.

In attempting to redeem the offshore trust as a legitimate planning instrument for asset protection, this comment will examine the concept of the offshore trust, describe how a site for offshore trusts is selected, focus on the popularity …

Tender Offers And The Business Judgment Rule, Matthew Taylor

University of Miami Business Law Review

No abstract provided.

Waiting With Brother Thomas, Chris Sagers

Law Faculty Articles and Essays

In this Essay, Christopher Sagers argues that those schools of thought that could be called "doubtful"—that is, those predicated on suspicion of belief to some degree—share a range of similarities and, more importantly, are attacked through a set of common criticisms. He argues that the fundamental criticism of these "doubtful" schools of thought—that doubt leads us to nihilism and therefore must be bad—is a non sequitur. Furthermore, he continues, we reject doubt not because it is bad, but because it is difficult. Ultimately, he suggests ways to face the problems of nihilism or, rather, ways of understanding them as other …

Museletter: December 1998, Gail F. Zwirner

Museletter

Table of Contents:

Semester Break Library Hours

New Faculty Publications

December Grads & Students Registered for the Clinics

Circulation Department Alert: Copier Jams

Saving the Trees: Network Printing Considerations

Beyond Rebooting: Computer Tip of the Month: Determining "Word Count"

Brief On Appeal Of Defendant-Appellant The Board Of Education Of The Kiryas Joel Union Free School District, George Shebitz, Julia R. Cohen, Nahal Motamed, Nathan Lewin, Richard W. Garnett, Anthony J. Bellia Jr.

Court Briefs

No. 81319
Louis Grumet v. George Pataki

From the Introduction

Chapter 390 is tainted only by its history. On its face, it is a neutral law that raises no serious constitutional doubt. Its objective, as described by the Appellate Division -- "to create a constitutionally valid educational program which meets the special education needs of the disabled students residing in the Village of Kiryas Joel, Orange County" -- is unquestionably legitimate. All the statutory criteria it specifies were ratified by this Court in its Kiryas Joel II opinion as "related to legitimate educational concerns." 90 N.Y. 2d at 72. What …

Editor's Note, Malcolm J. Tuesley

Federal Communications Law Journal

No abstract provided.

"Wildly Enthusiastic" About The First Multilateral Agreement On Trade In Telecommunications Services, Laura B. Sherman

Federal Communications Law Journal

In 1998, the World Trade Organization’s (WTO) "Basic Telecom Agreement" dramatically opened to foreign competition basic telecommunications services of the sixty-nine WTO Members committing to the Agreement. The process and results of the WTO negotiations are important to telecommunications consumers because there will be increased market competition, thereby decreasing the price of such services and increasing consumer choice. The negotiations that led to the WTO Agreement resolved many difficult issues including: scheduling, regulator’s independence, competitive safeguards, and interconnection of telecommunications suppliers. The resolution of these issues will allow market access and foreign ownership in over 90 percent of major markets. …

A Birthday Party: The Terrible Or Terrific Two’S? 1996 Federal Telecommunications Act, Kathleen Wallman

Federal Communications Law Journal

As we celebrate the second anniversary of the Telecommunications Act of 1996, we can see that the predictions of instant cross-industry competition that were made at its birth were rather euphoric. Despite the unexpected twists and turns of the first two years, there have been a number of significant market developments suggesting that the lowering of barriers that the Act effected have put things on the right course. However, the success of the Act will be rather fragile during the next few years, as it is subject to reversal by market as well as judicial forces. We should therefore continue …

From International Competitive Carrier To The Wto: A Survey Of The Fcc’S International Telecommunications Policy Initiatives 1985-1998, Lawrence J. Spiwak

Federal Communications Law Journal

With the creation and implementation of the February 1996 World Trade Organization Agreement on Basic Telecommunications Services, the international telecommunications community has (at least on paper) promised ostensibly to move away from markets characterized by monopolies and toward a world of competition and deregulation. The big question, however, is whether these efforts will actually lead to better economic performance in the market for international telecommunications products and services. This Article examines one particular, yet extremely significant, portion of this inquiry—how much have U.S. international telecommunications policies specifically helped or hindered this process. This Article, after surveying Federal Communications Commission (FCC …

Masthead Vol.51 No.1 (1998)

Federal Communications Law Journal

No abstract provided.