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1999

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Articles 1 - 30 of 4559

Full-Text Articles in Law

Sexual Policy And The Military: A Need For A Primer On The Birds And The Bees, Ibpp Editor Dec 1999

Sexual Policy And The Military: A Need For A Primer On The Birds And The Bees, Ibpp Editor

International Bulletin of Political Psychology

This article describes some basic misconceptions about sex as explicated in the personnel and security policies of the United States Department of Defense (DOD).


Trends. Psychological Discord At The War Crimes Tribunal, Ibpp Editor Dec 1999

Trends. Psychological Discord At The War Crimes Tribunal, Ibpp Editor

International Bulletin of Political Psychology

The author discusses possible external signs of a perpetrator of genocide.


Law Enforcement And Political Demonstrations As The Whole World Watches: The Rise Of Globocop?, Ibpp Editor Dec 1999

Law Enforcement And Political Demonstrations As The Whole World Watches: The Rise Of Globocop?, Ibpp Editor

International Bulletin of Political Psychology

This article posits that--at present--the promise of global telecommunications-induced progress for human and civil rights may be oversold.


Escaping Athlete Agent Statutory Regulation: Loopholes And Constitutional Defectiveness Based On Tri-Parte Classification Of Athletes, Rob Remis, Diane Sudia Dec 1999

Escaping Athlete Agent Statutory Regulation: Loopholes And Constitutional Defectiveness Based On Tri-Parte Classification Of Athletes, Rob Remis, Diane Sudia

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Civil Rights - Athlete Eligibility - High School Athletic Association's Eight-Semester Eligibility Requirement Is Neutral And Does Not Violate The Americans With Disabilities Act Or Rehabilitative Act - Mcpherson V. Michigan High School Athletic Ass'n, Inc., 119 F.3d 453 (6th Cir. 1997)., George Haines Dec 1999

Civil Rights - Athlete Eligibility - High School Athletic Association's Eight-Semester Eligibility Requirement Is Neutral And Does Not Violate The Americans With Disabilities Act Or Rehabilitative Act - Mcpherson V. Michigan High School Athletic Ass'n, Inc., 119 F.3d 453 (6th Cir. 1997)., George Haines

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Are Professional Athletes Better Served By A Lawyer-Representative Than An Agent? Ask Grant Hill, Stacey M. Nahrwold Dec 1999

Are Professional Athletes Better Served By A Lawyer-Representative Than An Agent? Ask Grant Hill, Stacey M. Nahrwold

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Introduction To Keynote Address, Joel R. Reidenberg Dec 1999

Introduction To Keynote Address, Joel R. Reidenberg

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Leave No Stone Unturned: The Search For Art Stolen By The Nazis And The Legal Rules Governing Restitution Of Stolen Art, Kelly Diane Walton Dec 1999

Leave No Stone Unturned: The Search For Art Stolen By The Nazis And The Legal Rules Governing Restitution Of Stolen Art, Kelly Diane Walton

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Fragmented Liberty Clause, Rebecca L. Brown Dec 1999

The Fragmented Liberty Clause, Rebecca L. Brown

William & Mary Law Review

No abstract provided.


Will, Judgment, And Economic Liberty: Mr. Justice Souter And The Mistranslation Of The Due Process Clause, Alan J. Meese Dec 1999

Will, Judgment, And Economic Liberty: Mr. Justice Souter And The Mistranslation Of The Due Process Clause, Alan J. Meese

William & Mary Law Review

No abstract provided.


A One Shot Deal: The National Childhood Vaccine Injury Act, Elizabeth A. Breen Dec 1999

A One Shot Deal: The National Childhood Vaccine Injury Act, Elizabeth A. Breen

William & Mary Law Review

No abstract provided.


Fidelity, Basic Liberties, And The Specter Of Lochner, James E. Fleming Dec 1999

Fidelity, Basic Liberties, And The Specter Of Lochner, James E. Fleming

William & Mary Law Review

No abstract provided.


Lochner, Parity, And The Chinese Laundry Cases, David E. Bernstein Dec 1999

Lochner, Parity, And The Chinese Laundry Cases, David E. Bernstein

William & Mary Law Review

No abstract provided.


The Role Of "Stories" In Civil Jury Judgments, Reid Hastie Dec 1999

The Role Of "Stories" In Civil Jury Judgments, Reid Hastie

University of Michigan Journal of Law Reform

A brief review of psychological theories of juror decision making is followed by an introduction to "explanation-based" theories of judgment. Prior empirical studies of explanation-based processes in juror decision making are then reviewed. An original empirical study of jurors' judgments concerning liability for punitive damages is presented to illustrate the explanation-based approach to civil decisions.


Jury Trial Techniques In Complex Civil Litigation, Ronald S. Longhofer Dec 1999

Jury Trial Techniques In Complex Civil Litigation, Ronald S. Longhofer

University of Michigan Journal of Law Reform

Ronald Longhofer, an experienced litigator, discusses the challenges inherent in trying a complex civil case to a jury. He explores aspects of complex litigation that often impede jurors from effectively hearing such cases. In conclusion, he suggests litigation techniques which have proved successful in overcoming such obstacles and effectively translating complex evidence to jurors.


The Rise And Fall Of Affirmative Action Injury Selection, Avern Cohn, David R. Sherwood Dec 1999

The Rise And Fall Of Affirmative Action Injury Selection, Avern Cohn, David R. Sherwood

University of Michigan Journal of Law Reform

The U.S. District Court for the Eastern District of Michigan has historically experienced difficulty in achieving jury compositions that truly represented the surrounding community. In response, the Authors share their insight as to how the court instituted a "balancing" program. By reducing the number of white names in the jury wheel, the balancing program successfully incorporated more minorities into the jury system. The Authors further discuss the Sixth Circuit decision, United States v. Ovalle, which marked the end of the balancing program.


The Arizona Jury Reform Permitting Civil Jury Trial Discussions: The Views Of Trial Participants, Judges, And Jurors, Valerie P. Hans, Paula L. Hannaford, G. Thomas Munslerman Dec 1999

The Arizona Jury Reform Permitting Civil Jury Trial Discussions: The Views Of Trial Participants, Judges, And Jurors, Valerie P. Hans, Paula L. Hannaford, G. Thomas Munslerman

University of Michigan Journal of Law Reform

In 1995, the Arizona Supreme Court reformed the jury trial process by allowing civil jurors to discuss the evidence presented during trial prior to their formal deliberations. This Article examines and evaluates the theoretical, legal, and policy issues raised by this reform and presents the early results of afield experiment that tested the impact of trial discussions. Jurors, judges, attorneys, and litigants in civil jury trials in Arizona were questioned regarding their observations, experiences, and reactions during trial as well as what they perceived to be the benefits and drawback of juror discussions. The data revealed that the majority of …


A Commerce Clause Challenge To New York's Tax Deduction For Investment In Its Own Tuition Savings Program, Amy Remus Scott Dec 1999

A Commerce Clause Challenge To New York's Tax Deduction For Investment In Its Own Tuition Savings Program, Amy Remus Scott

University of Michigan Journal of Law Reform

The Internal Revenue Code provides guidelines for states to create and maintain college tuition savings programs which offer federal tax benefits to investors. Several states have enacted tuition savings plans in accordance with these guidelines. In addition to the federal tax benefits allowed, New York offers a state tax deduction to New York residents who invest in its plan, the New York College Choice Tuition Savings Program. New York does not offer the deduction, however, to residents who invest in comparable programs offered by other states. The tax deduction thus creates an incentive for residents to invest in the in-state …


The Interplay Of Race And False Claims Of Jury Nullification, Nancy S. Marder Dec 1999

The Interplay Of Race And False Claims Of Jury Nullification, Nancy S. Marder

University of Michigan Journal of Law Reform

After the verdicts in the OJ Simpson and Stacey Koon/Laurence Powell cases, many in the press explained the juries' acquittals as instances of jury nullification. However these were unlikely to have been instances of nullification, particularly because the jurors explained that their verdicts were based on reasonable doubt. One motivation for these false claims of jury nullification was the homogeneity of the juries-a largely African-American jury in the case of Simpson and a largely white jury in the case of Koon/Powell. Nullification became the term by which press and public attempted to discredit verdicts rendered by juries they distrusted. A …


When Balance And Fairness Collide: An Argument For Execution Impact Evidence In Capital Trials, Wayne A. Logan Dec 1999

When Balance And Fairness Collide: An Argument For Execution Impact Evidence In Capital Trials, Wayne A. Logan

University of Michigan Journal of Law Reform

A central precept of death penalty jurisprudence is that only the "death worthy" should be condemned, based on a "reasoned moral response" by the sentencing authority. Over the past decade, however, the Supreme Court has distanced itself from its painstaking efforts in the 1970s to calibrate death decision making in the name of fairness. Compelling proof of this shift is manifest in the Court's decisions to permit victim impact evidence in capital trials, and to allow jurors to be instructed that sympathy for capital defendants is not to influence capital decisions. This Article examines a novel strategy now being employed …


What Money Cannot Buy: A Legislative Response To C.Rac.K., Adam B. Wolf Dec 1999

What Money Cannot Buy: A Legislative Response To C.Rac.K., Adam B. Wolf

University of Michigan Journal of Law Reform

Children Requiring a Caring Kommunity (C.R.A.C.K.) is an organization that pays current or former drug addicts $200 to be sterilized. While generating great public controversy, C.R.A.C.K. is expanding rapidly throughout the country. Its clients are disproportionately poor women of color, who are coerced by the offer of money into permanently relinquishing their reproductive rights. This Note argues that C.R.A.C.K. is a program of eugenical sterilization that cannot be tolerated. Moreover, C.R.A.C.K. further violates settled national public policy by offensively commodifying the ill-commodifiable, by demeaning women, and by starting down a slippery slope with devastating consequences. This Note proposes legislation that …


The Swift Rail Act: Will Sleepless Citizens Be Able To Quiet Train Whistles, And At What Cost?, Mark A. Gruenes Dec 1999

The Swift Rail Act: Will Sleepless Citizens Be Able To Quiet Train Whistles, And At What Cost?, Mark A. Gruenes

Northern Illinois University Law Review

Frustrated by the noise caused by train whistles, many Illinois municipalities have passed ordinances that ban trains from blowing their whistles at local crossings. Despite these local ordinances, however, railroads continue to instruct their engineers to sound whistles. Making matters worse for sleepless Illinois residents, the Federal Government entered the picture in 1994 when the Swift Rail Development Act of 1994 ("Swift Rail Act" or "Act") was made law. The Swift Rail Act directs the Secretary of Transportation ("Secretary") to promulgate regulations requiring trains to sound a "locomotive horn"' at all public highway-rail grade crossings. These regulations will preempt state …


Settlement Ethics And Lawyering In Adr Proceedings: A Proposal To Revise Rule 4.1, James J. Alfini Dec 1999

Settlement Ethics And Lawyering In Adr Proceedings: A Proposal To Revise Rule 4.1, James J. Alfini

Northern Illinois University Law Review

At the close of the twentieth century, we are witnessing very significant changes in the litigation of civil disputes in our society. Much of the change has to do with a more expansive view by lawyers and judges of the means that may be employed for resolving civil disputes. Cases in litigation are increasingly being sent to mediation, arbitration, summary jury trial, early neutral evaluation, and other alternatives to adjudication. Lawyers are beginning to advise their clients of the availability of these options and are representing their clients in these alternative fora. Much has been said and written about these …


An Essay On Teaching Professional Responsibility, L. Ray Patterson Dec 1999

An Essay On Teaching Professional Responsibility, L. Ray Patterson

Northern Illinois University Law Review

There is, I argue, need for a new approach to teaching law students how to become professionally responsible lawyers. The core problem in teaching the professional responsibility course is that it is a course in lawyer's law that treats only the ethical rules and ignores the fact that procedural and malpractice rules are also relevant. If, however, the professional responsibility course becomes a course in lawyer's law, it follows that it must encompass rules of procedure, rules of malpractice, and rules of ethics (which should be identified as what they are, rules of discipline). There is, however, a development that …


In Memoriam: Lord Lowry Of Crossgar (1919-1999): A Tribute, J. Eric Smithburn Dec 1999

In Memoriam: Lord Lowry Of Crossgar (1919-1999): A Tribute, J. Eric Smithburn

Notre Dame Law Review

No abstract provided.


Adoption, Identity, And The Constitution: The Case For Opening Closed Records, Naomi Cahn, Jana Singer Dec 1999

Adoption, Identity, And The Constitution: The Case For Opening Closed Records, Naomi Cahn, Jana Singer

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


The Fiscal Powers And The 1930s: Entrenchment, John Harrison Dec 1999

The Fiscal Powers And The 1930s: Entrenchment, John Harrison

William & Mary Law Review

No abstract provided.


In Memoriam--Rodolphe Jean Alexander De Seife (1925 - 1998), Leroy Pernell, Daniel Reynolds, Antoine Vialard Dec 1999

In Memoriam--Rodolphe Jean Alexander De Seife (1925 - 1998), Leroy Pernell, Daniel Reynolds, Antoine Vialard

Northern Illinois University Law Review

No abstract provided.


Power, Policy, And The Hyde Amendment: Ensuring Sound Judicial Interpretation Of The Criminal Attorney's Fees Law, Lawrence Judson Welle Dec 1999

Power, Policy, And The Hyde Amendment: Ensuring Sound Judicial Interpretation Of The Criminal Attorney's Fees Law, Lawrence Judson Welle

William & Mary Law Review

No abstract provided.


Lost Fidelities, Barry Cushman Dec 1999

Lost Fidelities, Barry Cushman

William & Mary Law Review

No abstract provided.