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Articles 1 - 30 of 58
Full-Text Articles in Law
Lawyers, First Principles, And Contemporary Challenges: Explorations, George Anastaplo
Lawyers, First Principles, And Contemporary Challenges: Explorations, George Anastaplo
Northern Illinois University Law Review
The preparation of this Collection chanced to be stimulated by a current Illinois bar admission controversy which has reminded observers of my own bar admission controversy of the 1950s. My April 15, 1999 talk at Northern Illinois University, prompted by these reminders, has served as the point of departure in response to an invitation to bring together in this law review various (mostly previously unpublished) talks and papers of mine about lawyers and the law.
Confidentiality, Privilege And Rule 408: The Protection Of Mediation Proceedings In Federal Court, Charles W. Ehrhardt
Confidentiality, Privilege And Rule 408: The Protection Of Mediation Proceedings In Federal Court, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.
Pioneers In The Legal Profession: Some Of The First African-American And Women Lawyers In Tennessee, Dwight Aarons
Pioneers In The Legal Profession: Some Of The First African-American And Women Lawyers In Tennessee, Dwight Aarons
Scholarly Works
No abstract provided.
Mid-Atlantic Ethics Committee Newsletter, Fall-Winter 1999
Mid-Atlantic Ethics Committee Newsletter, Fall-Winter 1999
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Negotiated Development Denial Meets People's Court: Del Monte Dunes Brings New Wildcards To Exactions Law, Jonathan M. Davidson, Ronald H. Rosenberg, Michael C. Spata
Negotiated Development Denial Meets People's Court: Del Monte Dunes Brings New Wildcards To Exactions Law, Jonathan M. Davidson, Ronald H. Rosenberg, Michael C. Spata
Faculty Publications
The United States Supreme Court Answered "YES" to the $1.45 million over exaction question for 1999. In City of Monterey v. Del Monte Dunes at Monterey Ltd., a unanimous court extended the scope of compensatory takings review beyond land dedication conditions into the realm of regulatory denial. Justice Kennedy's opinion vitalized the "legitimate state interests" test from Agins v. City of Tiburon to sustain an inverse condemnation conclusion and damage award to the frustrated developer. A majority of the court also concurred that the trial court may delegate this takings conclusion to the jury under federal civil rights law. The …
Mid-Atlantic Ethics Committee Newsletter, Summer 1999
Mid-Atlantic Ethics Committee Newsletter, Summer 1999
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
The Purposes And Accountability Of The Corporation In Contemporary Society: Corporate Governance At A Crossroads, Michael Bradley, Cindy A. Schipani, Anant K. Sundaram, James P. Walsh
The Purposes And Accountability Of The Corporation In Contemporary Society: Corporate Governance At A Crossroads, Michael Bradley, Cindy A. Schipani, Anant K. Sundaram, James P. Walsh
Law and Contemporary Problems
Little attention has been paid to how the governance structures of public corporations adapt to structural changes in the social, political, economic and legal environments in which they operate. Bradley et al chronicle the recent changes in the conduct of business enterprise and establish the necessary conditions for a system of corporate governance capable of accommodating these changes.
Executive Privilege Or Punishment? The Need To Define Legitimate Invocations And Conflict Resolution Techniques, Mark P. Doherty
Executive Privilege Or Punishment? The Need To Define Legitimate Invocations And Conflict Resolution Techniques, Mark P. Doherty
Northern Illinois University Law Review
This comment describes justifications for the doctrine of executive privilege and then examines various arguments against its legitimacy and use. This comment then reflects on several historical invocations of the privilege and the ensuing public, political, and judicial reactions. Finally, the author suggests that Congress implement guidelines for legitimate invocations of the executive privilege and outlines an effective system to safeguard this constitutional executive prerogative.
The Law School Compensation Systems At Three Top Quartile Law Schools: Factors Correlating With Law Professors' Salaries And Suggestions, Bruce D. Fisher, Paul Bowen
The Law School Compensation Systems At Three Top Quartile Law Schools: Factors Correlating With Law Professors' Salaries And Suggestions, Bruce D. Fisher, Paul Bowen
Northern Illinois University Law Review
This article is a study of the factors which may impact the salary levels of law professors. The authors employ various methods of statistical analysis to determine what association, if any, a variety of factors have to the level of a law professor's salary. These factors include the quality of the faculty, the amount of legal scholarship produced by professors, the seniority of faculty members and their gender. After examining the impact of these factors on the salaries of law professors, the authors then proceed to make several observations and recommendations for streamlining the salary levels of law professors.
The Right To Representation By Counsel In University Disciplinary Proceedings: A Denial Of Due Process Of Law, Robert B. Groholski
The Right To Representation By Counsel In University Disciplinary Proceedings: A Denial Of Due Process Of Law, Robert B. Groholski
Northern Illinois University Law Review
This comment argues that university students who face suspension or expulsion for disciplinary reasons, as opposed to academic dismissal, are entitled to have retained legal counsel represent them as an element of procedural due process. The article begins with a general discussion of the jurisprudence that has developed concerning the Fourteenth Amendment's Due Process Clause. Utilizing both federal and state court decisions, the comment then demonstrates that university students hold protected liberty and property interests in their collegiate educations or degrees such that the procedural protections of the Due Process Clause are triggered when students face disciplinary suspension or expulsion. …
Are Separate Liability Losses Separate For Consolidated Groups?, Don Leatherman
Are Separate Liability Losses Separate For Consolidated Groups?, Don Leatherman
Scholarly Works
No abstract provided.
Judicial Independence: Second Steps, Penny White
Judicial Independence: Second Steps, Penny White
Scholarly Works
No abstract provided.
The Figure In The Landscape: A Comparative Sketch Of Directors’ Self-Interested Transactions, Deborah A. Demott
The Figure In The Landscape: A Comparative Sketch Of Directors’ Self-Interested Transactions, Deborah A. Demott
Law and Contemporary Problems
Focusing on Part X of the UK's Companies Act 1985, DeMott draws contrasts with corporate law in the US. Part X has a style and feel that is distinctly different from counterpart provisions in the US corporate statutes.
Can Lightning Strike Twice - Obligations Of State Courts After Pulley V. Harris, Penny White
Can Lightning Strike Twice - Obligations Of State Courts After Pulley V. Harris, Penny White
Scholarly Works
No abstract provided.
Open Texture And The Possibility Of Legal Interpretation, David B. Lyons
Open Texture And The Possibility Of Legal Interpretation, David B. Lyons
Faculty Scholarship
This essay concerns the possibility of interpreting law. It is always possible to interpret law in the weak sense, which assigns meaning it is not assumed the law previously possessed. My concern here is interpretation in the strong sense, which, if successful, reveals meaning that lies hidden in the law. Theories of legal interpretation have recently received much theoretical attention. The received theory of law's open texture suggests that this interest is misplaced.
Mid-Atlantic Ethics Committee Newsletter, Spring 1999
Mid-Atlantic Ethics Committee Newsletter, Spring 1999
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Pansexuality And The Law, Jennifer Ann Drobac
Pansexuality And The Law, Jennifer Ann Drobac
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Contextualism: The Supreme Court's New Standard Of Judicial Analysis And Accountability, Shalin Sugunasiri
Contextualism: The Supreme Court's New Standard Of Judicial Analysis And Accountability, Shalin Sugunasiri
Dalhousie Law Journal
Over the past few years, the "contextual approach" to law has acquired considerable cachet in juridical discourses across the country. In the Supreme Court of Canada, contextualism is now the new standard of judicial analysis and accountability This article analyzes a decade of Supreme court jurisprudence on Charter interpretation, statutory interpretation and the common law in order to fully explicate what contextualism in law is, where it came from, and how it has achieved its current pre-eminent status. The future promise of the contextual approach is also here canvassed through a dialectical engagement with postmodernist concerns respecting inherent legal indeterminacies.
Something Seems Fishy - The Application Of The Fourth Amendment To Coast Guard Searches Of Vessels: United States V. Boynes Note, Lucille Jewel
Something Seems Fishy - The Application Of The Fourth Amendment To Coast Guard Searches Of Vessels: United States V. Boynes Note, Lucille Jewel
Scholarly Works
No abstract provided.
Europe’S New Jury Systems: The Cases Of Spain And Russia, Stephen C. Thaman
Europe’S New Jury Systems: The Cases Of Spain And Russia, Stephen C. Thaman
Law and Contemporary Problems
Thaman compares the provisions of the 1993 Russian Jury Law with the 1995 Spanish Jury Law, focusing on the effect of their implementation and reintroduction of the classic jury system on current problems.
Gazing Into The Crystal Ball: Reflections On The Standards State Judges Should Use To Ascertain Federal Law, Donald H. Zeigler
Gazing Into The Crystal Ball: Reflections On The Standards State Judges Should Use To Ascertain Federal Law, Donald H. Zeigler
William & Mary Law Review
No abstract provided.
The Future Of Governmental Ethics: Law And Morality, Jon L. Mills
The Future Of Governmental Ethics: Law And Morality, Jon L. Mills
UF Law Faculty Publications
Based on a speech presented at the 16th International Symposium on Economic Crime, Cambridge University, England September 13-19, 1998.
Slavery And The Sudan: Can Good Works Be Good?, Ibpp Editor
Slavery And The Sudan: Can Good Works Be Good?, Ibpp Editor
International Bulletin of Political Psychology
This article focuses on the consequences of attempts to free slaves and abolish slavery in the Sudan.
Security, Safety, And The Law: The Alpine Cable Accident, Ibpp Editor
Security, Safety, And The Law: The Alpine Cable Accident, Ibpp Editor
International Bulletin of Political Psychology
This article describes how legal Issues pertaining to fatal aviation accidents with and without significant politico-military implications can contribute to or detract from security and safety phenomena leading to yet other fatal accidents.
Trends. Immigration And Naturalization Service V. Aguirre, No. 97-1754: Can Crime Be Nonpolitical?, Ibpp Editor
Trends. Immigration And Naturalization Service V. Aguirre, No. 97-1754: Can Crime Be Nonpolitical?, Ibpp Editor
International Bulletin of Political Psychology
This articles discusses a recent Supreme Court case revolving around whether foreigners who have committed serious nonpolitical crimes outside the US are ineligible for refugee status regardless of the severity of persecution that would await them at their countries of origin.
Crimes Against Autonomy: Gerald Dworkin On The Enforcement Of Morality, Lawrence C. Becker
Crimes Against Autonomy: Gerald Dworkin On The Enforcement Of Morality, Lawrence C. Becker
William & Mary Law Review
No abstract provided.
Devlin Was Right: Law And The Enforcement Of Morality, Gerald Dworkin
Devlin Was Right: Law And The Enforcement Of Morality, Gerald Dworkin
William & Mary Law Review
No abstract provided.
Civil Rights Act Of 1991 -- Employer Liability For Punitive Damages In Title Vii Claims, Angela M. Banks
Civil Rights Act Of 1991 -- Employer Liability For Punitive Damages In Title Vii Claims, Angela M. Banks
Faculty Publications
No abstract provided.
Still Adjusting To Markman: A Prescription For The Timing Of Claim Construction Hearings, William Lee, Anita Krug
Still Adjusting To Markman: A Prescription For The Timing Of Claim Construction Hearings, William Lee, Anita Krug
All Faculty Scholarship
In Markman v. Westview Instruments, Inc., the Supreme Court held that the interpretation of patent claims is a question of law to be determined by the court rather than a question of fact to be decided by the jury. The Court based its holding on the belief that judges are better suited than juries to address claim interpretation issues and that claim interpretation by the court would result in greater uniformity in the treatment of patents. The Markman decision, however, has confronted the district courts with a host of thorny questions, such as what evidence they may consider in their …
Section 365 In The Consumer Context: Something Old, Something New, Something Borrowed, Something Blue, Michael G. Hillinger, Ingrid Michelsen Hillinger
Section 365 In The Consumer Context: Something Old, Something New, Something Borrowed, Something Blue, Michael G. Hillinger, Ingrid Michelsen Hillinger
Faculty Publications
The § 365 consumer debtor case law has a further complication. Much of it arises in the context of the last great bankruptcy frontier, Chapter 13. Until recently, Chapter 11 has occupied the minds and hearts of courts and attorneys. Not any more. And, as attorneys and courts take a closer, harder look at Chapter 13, it is no longer possible to describe it as a “streamlined creditors-can’t-vote Chapter 11”. Chapter 13 is unique, presenting its very own quandaries, not the least of which is how its provisions and § 365 interact. We live in interesting times.