Law Commons^™

Switched At The Fertility Clinic: Determining Maternal Rights When A Child Is Born From Stolen Or Misdelivered Genetic Material, Alice M. Noble-Allgire

Missouri Law Review

In the beginning, they were one of the happy statistics from a California fertility clinic. Among the twenty percent of infertile couples whose treatments resulted in a successful pregnancy,1 they were doubly blessed, in fact, with twins.' Six years later, however, a letter in the mailbox turned their lives upside down. Although apologetic in tone, the letter suggested that the unthinkable had occurred and requested that the twins be submitted for genetic testing to determine whether they were born from another woman's eggs.3

When Your Rival Becomes Your Dance Partner: Mary Carter Agreements In Missouri Courts, Thomas G. Pirmantgen

Missouri Law Review

Mary Carter agreements2 occur when a plaintiff asserting liability against joint tortfeasors 3 enters into a settlement agreement with less than all of the defendants. The settling defendant, who remains a party at trial, obtains the possibility of offsetting her financial exposure depending on how much money the plaintiff recovers from the other defendants. These agreements pose a potential threat to the adversarial nature of the trial process. This threat is especially severe when the trier of fact is not apprised of the agreement.4 Although maintaining the adversarial character of judicial proceedings is a public policy deserving of protection, 5 …

Life Insurance As Security For A Debt And The Applicability Of The Rule Against Wager Contracts, John M. Limbaugh

Missouri Law Review

Every jurisdiction has a rule against wager contracts, developed to discourage speculation in human life and attendant moral hazard.2 In the life insurance context, the rule in Missouri prohibiting wager contracts applies only "where a policy is taken out by, and premiums paid by, a person who has no insurable interest in the life of the insured, or when a policy has been assigned for speculative purposes."3 The Missouri Supreme Court, in Estate of Bean v. Hazel, correctly limited the creditor's recovery on the debtor's life insurance policy to the amount of the debt, plus interest. However, in doing so, …

Changing Interpretations Of The Establishment Clause: Financial Support Of Religious Schools, Bryan D. Lemoine

Missouri Law Review

In Wolman v. Walter, Justice Stevens voiced concem that the "'high and impregnable' wall between church and state, has been reduced to a 'blurred, indistinct, and variable barrier.' 2 The court had sacrificed predictability for flexibility? While this may be true in some areas of Establishment Clause jurisprudence, it is no longer true in cases involving benefits to religious organizations. If the programs equally benefit both secular and "similarly situated" religious organizations, there is no violation of the Establishment Clause.4 Jackson v. Benson is an expression of this view. The Wisconsin Supreme Court, in upholding a program designed to provide …

Team Production In Venture Capital Investing, D. Gordon Smith

Faculty Scholarship

Entrepreneurs and venture capitalists engage in team production. Inherent in team production is an incentive problem: team members have an incentive to shirk. The incentive to shirk derives from the inability to monitor team members perfectly and compensate them based on productivity. Economic models of team production teach that solutions to shirking must involve (1) a principal (2) with authority to break the budget by realigning the claims of team members through use of a penalty or a bonding arrangement (3) based only on observations of team output, not on monitoring of individual inputs. This paper analyzes the team production …

A Proposal To Eliminate Director Standards From The Model Business Corporations Act, D. Gordon Smith

Faculty Scholarship

The Committee on Corporate Laws of the Business Section of the American Bar Association recently adopted amendments to the section of the Model Business Corporation Act (MBCA) enunciating standards of director performance. In place of the current section 8.30, which has been adopted by 42 states, the Committee has adopted two sections - one defining a standard of conduct and one defining a standard of liability for corporate directors. This paper argues that these new standards do not achieve the goals of bifurcation. Moreover, if adopted and used, the new standards will engender confusion and possibly inequitable results. This paper …

Rwu School Of Law Commencement (May 22, 1999), Roger Williams University School Of Law

School of Law Commencement (1996- )

No abstract provided.

Female Inmate Labor Force Participation & Distribution Of Inmate Earnings, Brenda V. Smith, Gus Faucher, Linda Haithcox, Harry Holzer, Wendell Primus, Steve Schwalb, Charles Sullivan, Gregory Woodhead

Presentations

Hosted by The George Washington University

Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), M.V.H., Laura Spitz

Faculty Scholarship

LEAF submits that the heterosexual definition of spouse ins. 29 of the Family Law Act R. S.O. 1990 c. F .3 completely denies lesbians who otherwise meet the tl:1reshoid criteria to apply for a support award. The effect of this denial violates lesbians' right to equal benefit and protection of the law contrary to s. 15(1) of the Charter, and cannot be justified under s.1 of the Charter.

Leonard Granados V. Marlene (Bear Stops) Granados, Frank Pommersheim

Tribal Court Opinions Authored by Emeritus Professor of Law Frank Pommersheim

No abstract provided.

On The Occasion Of The Signing Of The Second Protocol To The Hague Convention For The Protection Of Cultural Property In The Event Of Armed Conflict (The Hague, 26 March 1999), Colin Powers

Protection of Cultural Property in the Event of Armed Conflict

No abstract provided.

Deshet V. Eliyahu, Shlomo Levin, Jacob Turkel, Eliahu Mazza

Translated Opinions

Facts: The deceased left a will devising his estate to his sons, to be distributed among them only after the death of their mother. The sons renounced their gift under the will and, together with their mother and sister (who had not been provided for in the will), sought to inherit their intestate share by law. The executrices of the will objected.

Held: Justice Levin, with Justice Turkel concurring, held that the sons’ renunciation was clearly designed to frustrate the condition set by the will for their inheritance, namely that they would inherit only after their mother’s death. As a …

154th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

154th University of Notre Dame Commencement and Mass Program including Law School awards

Reducing Medical Error: Can You Be As Safe In A Hospital As You Are In A Jet?, Lisa Sprague

National Health Policy Forum

This issue brief looks at the incidence of error in the health care system, opportunities for a systems-based approach to error reduction, and changes needed in health system culture and training. The lessons of human factors research are considered, with examples of their application in the aviation industry. The paper reviews some error-reduction and patient-safety initiatives undertaken by private-sector organizations and by the Veterans Health Administration.

Reflections On National Character: Is The United States Still A Superpower?, Ibpp Editor

International Bulletin of Political Psychology

This article comments on the construct of national character and then employs the construct to suggest that the United States (U.S.) Government and the US as a nation and nation-state may no longer warrant superpower status.

Supporting Families, Supporting Gender Equality: Improving Canada's Tax And Transfer System - Brief Submitted To The House Of Commons Finance Sub-Committee On Tax Fairness For Canadian Families, Lisa Philipps, Kim Brooks

Commissioned Reports, Studies and Public Policy Documents

No abstract provided.

May 10, 1999, J. Piercy, Note To K. Treakle Re D. Bradlow Panel Member, Jan Piercy

CAO General 1999-Present

No abstract provided.

1999 Recognition Ceremony Program

Recognition Ceremony

No abstract provided.

Stamka V. Minister Of The Interior, Mishael Cheshin, Dalia Dorner, Dorit Beinisch

Translated Opinions

For many years, the Ministry of the Interior interpreted the Law of Return, 5710-1950, such that a non-Jew who married a Jewish Israeli citizen was entitled – upon marriage – to the status of a Jew under the Law of Return, and to the status of an oleh [Jewish immigrant] under the Nationality Law, 5712-1952. In 1995, the Ministry of the Interior changed its view. According to the new interpretation, that non-Jewish partner would not fall within the scope of the Law of Return, and consequently, would not be entitled to the rights granted a Jew, including the right to …

Computer Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Charles R. Keeton, Jay E. Ingle, J. Mark Grundy, Robert F. Duncan, Kenneth J. Tuggle, Joel T. Beres, Bill E. Webb, Stephen J. Davidson, Cynthia L. Stewart, Judge B. Wilson Ii, David J. Beyer, Kurt X. Metzmeier, Shaun E. Esposito

Continuing Legal Education Materials

Materials from the Computer Law Institute held by UK/CLE in May 1999.

Analyzing Voting Trends In East Baton Rouge Parish Gubernatorial Races In The 1990'S, Deshanna L. Bause

Electronic Dissertations and Theses

The primary purpose of this study is to determine the voting patterns in the minority communities during important elections. A secondary component ofthis study analyzes the voting practices of Blacks in East Baton Rouge parish. TIle population will be voters in the precinct located in East Baton Rouge. Participants in this study must be a registered voter residing in the precincts of the East Baton Rouge parish. The use of Microsoft Excel made it possible to determine the voting trends of the black population.

Self-Regulation And The Media, Angela J. Campbell

Federal Communications Law Journal

Self-regulation has been portrayed as superior to government regulation for addressing problems of new media such as digital television and the Internet. This Article reviews the literature on self-regulation to define what is meant by the term, to identify the purported advantages and disadvantages of self-regulation, and to identify the conditions needed for its success. It then analyzes the effectiveness of self-regulation by examining instances where self-regulation has been employed in connection with media. After describing and analyzing past uses of self-regulation in broadcasting, children’s advertising, news, alcohol advertising, comic books, movies, and video games, this Article concludes that self-regulation …

Rooker-Feldman: Worth Only The Powder To Blow It Up, Thomas D. Rowe Jr.

Notre Dame Law Review

No abstract provided.

Erie Doctrine Revisited: How A Conflcts Perspective Can Aid The Analysis, Joseph P. Bauer

Notre Dame Law Review

No abstract provided.

Introduction: Attorney Well-Being In Large Firms, Kent D. Syverud

Vanderbilt Law Review

It took courage for Professor Patrick Schiltz to write the article that opens this symposium issue of the Vanderbilt Law Review. At the Notre Dame Law School, where Professor Schiltz teaches, as at the Vanderbilt University Law School and all elite schools, most graduates go to work in private practice, most often at large law firms. Professor Schiltz's portrayal of lawyers at such firms-as rich, overworked, unhappy, and often unethical--ought to be provocative and profoundly troubling to alumni at Vanderbilt and elsewhere. It will also be troubling to Deans, who struggle mightily each year to convince alumni to give money …

Omi Holdings V. Royal Insurance: Applying The Minimum Contacts Test To Territory Of Coverage Clauses, Tamara S. Brandt

Notre Dame Law Review

No abstract provided.

Arbitration Agreements: When Do Employees Waive Their Wrights?, Michelle R. Mitchell

Brigham Young University Journal of Public Law

No abstract provided.

Forfeiture Law, The Eight Amendment's Excessive Fines Clause And Unites States V. Bajakajian, Melissa A. Rolland

Notre Dame Law Review

No abstract provided.

Editors' Introduction, Jesse M. Barrett, John T.A. Rosenthal, Eugene Zelensky

Notre Dame Law Review

No abstract provided.

Library Notes Vol. 19, No. 2

Library Notes

No abstract provided.