Law Commons^™

Reclaiming Our Public Schools: A Proposal For School-Wide Drug Testing, Joanna Raby

Cardozo Law Review

No abstract provided.

Facing Facts: Only A Constitutional Amendment Can Guarantee Religious Freedom For All, Michael P. Farris

Cardozo Law Review

No abstract provided.

Salt Equalizer, Vol. 1999, Issue 3, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Theresa Glennon, SALT Honors Marjorie Shultz, Barney Frank at the Annual Awards Dinner, at 1.

Stephanie M. Wildman & Phoebe A. Haddon, Presidents' Column, at 2.

Ann Shalleck, SALT Members Initiate "First Monday" Programs, at 3.

Joyce Saltalamachia, SALT Board Meets Twice in San Francisco, at 6.

Howard Glickstein, Urgent Call to Keep the SALT Salary Survey Alive, at 7.

Sharon Hom, Joan Howarth, Eileen Kaufman, Madeline Plasencia, Judith Reed & Margalynne Armstrong, SALT's San Francisco Conference Re-Examines the Bar Exam, at 8.

Barbara Aldave, Bar Examinations: A Call for …

Federal Court Jurisdiction Over Private Tcpa Claims: Why The Federal Courts Of Appeals Got It Right, Kevin N. Tharp

Federal Communications Law Journal

The Telephone Consumer Protection Act of 1991 protects the privacy interests of residential telephone subscribers by placing restrictions on unsolicited, automated telephone calls to the home and facilitates interstate commerce by restricting certain uses of facsimile machines and automatic dialers. Since the statute is silent regarding federal district court jurisdiction over private TCPA claims, federal courts scramble in search for existing law to support their conclusions that the TCPA divests federal district courts of jurisdiction over private TCPA claims. In addition to the reasoning offered by the circuit courts, this Notes discusses the jurisdiction issue and adds an important reason …

Shrinkwrap And Clickwrap Agreements: 2b Or Not 2b?, Garry L. Founds

Federal Communications Law Journal

Several problems plague typical mass-market software licensing agreement, specifically that the public is powerless to negotiate and the terms often are perceived as exceedingly broad and restrictive. The Uniform Computer Information Transactions Act is designed to remedy those problems and establish the general enforceability of such agreements, with certain qualifications related to unconscionability, assent, and other caveats. UCITA, however, does not resolve, or even purport to resolve, the tension between federal copyright law and state contract law. This Note analyzes UCITA's attempt to resolve the enforceability issue; argues for an approach to preemption that promotes clarity and preserves the objectives …

Administrative Law, Mark H. Cohen, David C. Will

Mercer Law Review

This Article covers important developments in Georgia administrative law for the two-year period from June 1, 1997 through May 31, 1999. Because administrative law has been omitted from major consideration in the Annual Survey of Georgia Law since 1987, this Article is an attempt to cover an additional period of review, which, the authors hope, will be continued in future surveys. This Article includes cases as well as a discussion of two significant legislative enactments during the survey period.

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

Mercer Law Review

For the second year in a row, the survey period passed without dramatic legislative changes to Georgia's Workers' Compensation Act ("the Act").' Georgia's appellate courts, however, were active once again in examining the exclusive remedy doctrine and interpreting the Act's subrogation provisions.

Trial Practice And Procedure, C. Frederick Overby, Jason Crawford, Teresa T. Abell, Matthew E. Cook

Mercer Law Review

This survey period yielded several notable decisions covering the professional malpractice affidavit/pleading requirement, renewal actions, attorney-client relations, and the summary judgment standard. Refinements in the areas of insurance practice, jury qualifications, releases, default judgment, and privileges lend important guidance to practitioners, judges, and scholars in the area of trial practice and procedure. The most significant legislative development of trial practice and procedure addressed the longstanding "vanishing venue" doctrine.

The Wrong Vampire, Garrett Epps

Cardozo Law Review

No abstract provided.

The Reaffirmation Of Proportionality Analysis Under Section 5 Of The Fourteenth Amendment, Marci A. Hamilton, David Schoenbrod

Cardozo Law Review

No abstract provided.

Omnibus Protections Of Religious Liberty And The Establishment Clause, Timothy L. Hall

Cardozo Law Review

No abstract provided.

Travelers, Reasoned Textualism, And The New Jurisprudence Of Erisa Preemption, Edward A. Zelinsky

Cardozo Law Review

No abstract provided.

Credit Or Debit? Unauthorized Use And Consumer Liability Under Federal Consumer Protection Legislation, Daniel M. Mroz

Northern Illinois University Law Review

Although debit cards may closely resemble credit cards in appearance, consumer liability for unauthorized use is not similar and the payment transaction initiated through use is very different. In response to the increasing use of debit card products, consumer protection issues concerning liability for unauthorized use have been raised, new legislation has been introduced to Congress and an extremely lucrative debit card market has prospered. Sections I through IV of this comment provide an overview of the federal Truth in Lending Act and of the federal Electronic Fund Transfer Act in relation to consumer liability issues concerning the use of …

Torts, Deron R. Hicks, Mitchell M. Mckinney

Mercer Law Review

• Premises Liability
• Damages
• Products Liability
• Defamation
• Dog Bite

Lucifer's Fiasco: Lawyers, Liars, And L'Affaire Lewinsky, Rob Atkinson

Scholarly Publications

No abstract provided.

A Case Study Of Process Servers In Clark County, Nevada In The District Attorney Criminal Division, Amy M. Meedel

UNLV Theses, Dissertations, Professional Papers, and Capstones

In 1996 the job classification of Process Server was created in the Clark County District Attorney Criminal Division in Las Vegas, Nevada. It was implemented by DA Stewart L. Bell as a cost-saving measure meant as a reclassification of the position of Investigator. Since the initial job posting, the duties appropriate to the position of Process Server have been and remain in question. No written, measurable job performance standards have been established and no consistent training or supervision provided. A review of the literature suggests wide variance in what may be considered appropriate job duties for this classification, though the …

A Study Of Issues Related To Privatization Of Workers’ Compensation In Nevada, Kathryn A. Mack

UNLV Theses, Dissertations, Professional Papers, and Capstones

The key purpose of this study is to examine and evaluate current legislative initiatives for reform of workers’ compensation in Nevada. The examination will focus on issues relating to open competitive markets, market pricing, privatization of a state fund, and cost controls that have affected workers’ compensation in the state. The methods used in this paper include an in-depth examination of legislative statutes that have been enacted to control spending. Also, included is a review of literature that relates to privatization of state funds, and issues that are inherent in the transition from a state agency to private enterprise. Key …

Basic Themes For Regulatory Takings Litigation, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

There is probably no area of law that is as fraught with confusion and inconsistencies as the regulatory takings doctrine. In this Article, Professor Byrne summarizes arguments, called "litigation themes," that can be made to help circumnavigate the many pitfalls and quagmires that await takings liti-gators as a result of this confusion. The Article argues that the Fifth Amend-ment's Takings Clause was never meant to apply to the regulation of property, but only to physical or legal appropriations. Professor Byrne suggests that the Due Process Clauses or the Equal Protection Clause are equally capable of resolving the conflicts that result …

Let's Make Lawyers Happy: Advocating Mandatory Pro Bono, Donald Patrick Harris

Northern Illinois University Law Review

Proponents of mandatory pro bono argue that lawyers have an obligation to provide free services because, among other things, the practice of law is a profession. Proponents further argue that mandatory pro bono is justified because lawyers enjoy a "monopoly" of the legal system, and with that monopoly comes an obligation to provide public service. Additionally, they argue there is a strong tradition of providing public service suggesting continued commitment to pro bono service and an attorney has a moral obligation to see that those already handicapped do not suffer the cumulative disadvantage of being without proper legal representation. Opponents …

Looking Ahead To Ethics 2015: Or Why I Still Do Not Get The Aba Model Conflict Of Interest Rules, Richard E. Flamm

Northern Illinois University Law Review

Ideas about what constitutes ethical conduct--and, more specifically, about what the law governing lawyers should be--would appear to be in a perpetual state of flux. Whether because of perceived problems with existing ethical rules, changes in the way law has come to be practiced, or a melange of other reasons including political expediency, it seems that a call goes out every fifteen years or so-for a reappraisal of the rules regulating the way lawyers conduct their affairs. One such call, put out in the late 1960s, ripened into the ABA Model Code of Professional Responsibility (1970). Thirteen short years later …

Legislating A Sustainable Land Ethic For New Zealand, Michèle D. Dominy

Pacific Studies

This article explores competing discourses of sustainability in New Zealand’s South Island. As active resource managers, high-country pastoralists’ conception of “country” contests predominant reductive and binary models of production/ conservation and economic resource/visual resource and suggests a more complicated dynamic between scientific and cultural paradigms of sustainability than has been acknowledged. This dynamic is captured in the internationally driven top-down concept of equitable sustainable land management with a dual commitment to both cultural and ecological diversity as defined locally, formulated as part of the United Nations Rio Declaration of 1992, agenda 21, chapter 13. I examine an emergent high-country “land …

Contributors: Vol 22 No. 3-4, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Contributors list of Vol. 22 (1999): Pacific Studies Full Issue 3-4

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 …

Ethics 2000: What Might Have Been, Steven C. Krane

Northern Illinois University Law Review

The Model Rules of Professional Conduct can perhaps be analogized to a modest house built in the early 1960s. The kitchen and bathroom were updated in the late 1970s, and the garage was converted into an extra room, but otherwise the house has remained unchanged. By the late 1990s, however, it became apparent that the occupants of the house had - along with their neighborhood - changed dramatically. The house no longer met their needs. Clearly, what is needed is for the Commission to build a new house for the occupants to live in. Instead, the Commission is redecorating. It …

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

Northern Illinois University Law Review

No abstract provided.

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.

Repeal Of Baseball's Longstanding Antitrust Exemption: Did Congress Strike Out Again?, Charles Allen Criswell Jr.

Northern Illinois University Law Review

In 1922, the Supreme Court of the United States ruled that baseball was not interstate commerce and was thus not subject to the restrictions of antitrust laws. Since that time, numerous courts refused to hear cases attacking baseball on antitrust grounds. Under the newly enacted Curt Flood Act of 1998, the practices of anyone involved in organized professional major league baseball that relate to the employment of major league baseball players are now subject to antitrust laws in the same manner as those involved in other professional sports businesses affecting interstate commerce. However, the bill makes no attempt to repeal …

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 …

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 …

Vol.19, No. 2 Winter 1999: Table Of Contents, Northern Illinois University Law Review

Northern Illinois University Law Review

No abstract provided.