Law Commons^™

The Loss Of Chance Doctrine: Legal Recovery For Patients On The Edge Of Survival, Michelle L. Truckor

University of Dayton Law Review

No abstract provided.

Volume 9 Issue 2 (1999), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.

State Regulation Of Federal Prosecutors: The Impact On Contact With Represented Persons In Virginia, Robert H. Burger

Richmond Public Interest Law Review

The first section of this paper analyzes the ethics rule promulgated by the Department of Justice. The DOJ rule governs those circumstances in which federal prosecutors may communicate with individuals known to be represented by counsel, without the consent of such counsel. The second and third sections of this paper discuss the judicial and statutory rejection of the DOJ rule respectively. First, in O'Keefe v. McDonnell Douglas," the U.S. Court of Appeals for the Eighth Circuit reasoned that the DOJ lacked authority to promulgate their ethics rule. As a result of this conclusion, the Eighth Circuit held the DOJ rule …

Dickerson And The Future Of Miranda, Brenda E. Mallinak

Richmond Public Interest Law Review

Dickerson v. United States is one such case where the Fourth Circuit considered §3501 sua sponte and applied the statute in the absence of Miranda warnings. This action by the Fourth Circuit raises four issues which will be addressed in this paper. Part I addresses the issue of whether the federal executive branch can decline to enforce a law passed by Congress will be examined, as well as the related question of whether, in the face of executive refusal to use a law, can the courts sua sponte rely on that law to decide a case. In Part 11 the …

A Federal Appellate System For The Twenty-First Century, Carl W. Tobias

Law Faculty Publications

In December 1998, the Commission on Structural Alternatives for the Federal Courts of Appeals issued a report and recommendations for Congress and the President. The commission resulted from ongoing controversy over splitting the U.S. Court of Appeals for the Ninth Circuit The commissioners clearly suggested that the circuit remain intact but proposed three regionally based adjudicative divisions for the appeals court. However, the commission did not adduce persuasive empirical evidence that the Ninth Circuit experiences difficulties that are sufficiently problematic to warrant treatment, particularly with the essentially untested divisional arrangement Accordingly, the Ninth Circuit should continue to experiment with promising …

Annual Survey Of Virginia Law: Administrative Procedure, John Paul Jones

Law Faculty Publications

Since the last report on developments in Virginia's law of administrative procedure,' both her General Assembly and her courts have been busy making new law. This year's General Assembly revamped the Freedom of Information Act ("FOIA"), and made adjustments to laws regulating the periods in which agencies must decide certain types of licensing cases and promulgate certain procedural regulations. Meanwhile, the courts of the Commonwealth were active in the field, addressing open questions concerning the following subjects: rulemaking, due process, evidence, timeliness, and judicial review.

University Of Baltimore Law Review Volume 29 Number 1 (Fall 1999) Front Matter

University of Baltimore Law Review

No abstract provided.

Semiotics, Analogical Legal Reasoning, And The Cf. Citation: Getting Our Signals Uncrossed, Ira P. Robbins

Scholarly Articles in Law Reviews & Journals

The Bluebook’s introductory citation signals are essential to effective legal discourse. The choice of signal can influence not only the interpretation of cited cases, but also the path of the law. In this Article, Professor Ira Robbins examines one commonly used signal: the cf. After exploring its semiotic function, he details the multitude of ways in which this signal has been used and misused. He argues that lawyers’ and judges’ careless use of the cf. leads to confusing and often incoherent developments in the law, and concludes by proposing a precise working definition for this irksome, but potentially powerful, citation …

Table Of Contents - Cardozo Law Review, Volume 20, Issue 3

Cardozo Law Review

No abstract provided.

Reasonable Expectations Of Privacy And Open Fields: Taking The American ‘Risk Analysis’ Head On, James Stribopoulos

Articles & Book Chapters

This article argues that the "open fields" doctrine should not be adopted in Canada as it is premised upon the perilous American "risk analysis" which the Supreme Court has previously rejected.

The False Litigant Syndrome: "Nobody Would Say That Unless It Was The Truth", Alan Scheflin, Daniel Brown

Faculty Publications

In this article we intend to focus on the narrow but increasingly more signif icant issue of retractors in malpractice actions against therapists. It is generally believed that people do not make confessions unless they are actually guilty. It is also generally believed that retractors who recant their earlier statements must now be telling the truth. Courts have allowed expert testimony to be admitted on the issue of why people will falsely confess. In this paper we argue that expert testimony on why people falsely recant should also be admissible.

Book Review: Cameras In The Courtroom: Television And The Pursuit Of Justice, Gerald F. Uelmen

Faculty Publications

No abstract provided.

Free Trade And The Environment: The Nafta, The Naaec, And Implications For The Future, Tseming Yang, Ignacia S. Moreno, James W. Rubin, Russell F. Smith Iii

Faculty Publications

No abstract provided.

Protecting Privacy From Technological Intrusions, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

The Mechanisms Of Control, Deborah A. Demott

Faculty Scholarship

No abstract provided.

The Democratic Deficit In European Community Rulemaking: A Call For Notice And Comment In Comitology, Francesca E. Bignami

Faculty Scholarship

Parliamentary democracy is the dominant paradigm in the European Community's democratic deficit debate.

Stepping Into The Same River Twice: Rapidly Changing Facts And The Appellate Process, Stuart M. Benjamin

Faculty Scholarship

No abstract provided.

Inadvertent Disclosure Of Priveleged Information And The Law Of Mistake: Using Substantive Legal Principles To Guide Ethical Decision Making, Trina Jones

Faculty Scholarship

No abstract provided.

Do State Religious Freedom Restoration Acts Violate The Establishment Clause Or Separation Of Powers?, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

On The Political Economy Of Global Environmental Regulation, Jonathan B. Wiener

Faculty Scholarship

No abstract provided.

The Bard And The Bench: An Opinion And Brief Writer's Guide To Shakespeare, Robert Peterson

Faculty Publications

This work is a legal brief writer's and opinion drafter's guide to Shakespeare. It collects and catalogues by topic citations to plays, poems, or passages that are actually found in judicial opinions. This essay also suggests a few uncited orphans deserving a home in brief or opinion. The catalogue is web based; the reader may search it in its electronic format or download it for old-fashioned browsing.

Who’S Afraid Of Thomas Cromwell?, H. Jefferson Powell

Faculty Scholarship

No abstract provided.

The Obsolescence Of The United States Courts Of Appeals: Roscoe Pound’S Structural Solution, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Russian Nuclear Dumping: The Environmental Dimension, Lakshman D. Guruswamy, Jason B. Aamodt

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Separating Equals: Educational Research And The Long-Term Consequences Of Sex Segregation, Nancy Levit

Faculty Works

The article imports into the legal literature for the first time the full range of single sex education research, from this country and others, and examines sociological research that has been omitted from the debate. Rarely do proponents consider what educational and social effects sex-exclusive schooling will have on boys. Rarer still is any consideration of the effect of educational segregation in a society that is already relentlessly segregated by sex.

While the educational research regarding the efficacy of single sex schools is mixed at best, the sociological research is absolutely clear that separation on the basis of identity characteristics …

Face-Ing The Other: An Ethics Of Encounter And Solidarity In Legal Services Practice, Marie Failinger

Faculty Scholarship

In this article, the author proposes that those who work in any capacity with impoverished clients and embattled minority communities imagine practice from within Levinas' key images. First, that ethics is first philosophy - that knowledge of the self, the Other and the context in which ethical action is possible does not precede ethical understanding, decision-making and action, but that rather that we become human in the ethical encounter with the incommensurable Other. Second, that representing a client is in each moment an encounter with the face of the Other. We look up into the face of the Other calling …

Four Models Of The Criminal Process, Kent Roach

Journal of Criminal Law and Criminology

No abstract provided.

Denying Fifth Amendment Protections To Witnesses Facing Foreign Prosecutions: Self-Incrimination Discrimination, Steven J. Winger

Journal of Criminal Law and Criminology

No abstract provided.

A Law Enforcement Program For The State Of Illinois, Earl H. De Long, Fred E. Inbau

Journal of Criminal Law and Criminology

No abstract provided.

Public Safety V. Individual Civil Liberties: The Prosecutor's Stand, Fred E. Inbau

Journal of Criminal Law and Criminology

No abstract provided.