Law Commons^™

The Scope Of Insurance Coverage For Pollution Claims In Florida: Full Indemnification For Indivisible Cleanup Costs Caused By Multiple Release, Evan M. Goldenberg

Nova Law Review

No abstract provided.

Principle 7: Good Practice Respects Diverse Talents And Ways Of Learning, And Conclusion: Adapting The Seven Principles To Legal Education, Paula Lustbader

Faculty Articles

This is one of seven articles from a symposium applying to law school the Principles of Good Teaching Practices that were developed for undergraduate educators. The article presents a good overview of the general issues that impact diverse students such as the institutional climate, admission and selection criteria, academic policies, student support program, curriculum, and law school pedagogy. It provides some concrete suggestions on how law schools can enhance learning. It is a good primer for ASP professionals because it points out the various factors that can hinder students' learning or academic performance.

Apartheid As A Crime Against Humanity: A Submission To The South African Truth And Reconciliation Commission, Ronald Slye

Faculty Articles

This submission made to the TRC by the Allard K. Lowenstein International Human Rights Law Clinic, the Lawyers Committee for Human Rights, and twenty-one international law professors regarding apartheid as a crime against humanity (reproduced below) grew out of the debate within South Africa concerning apartheid, crimes against humanity, genocide, and Nazism. This submission is an authoritative statement by experts in international law concerning the legal status of apartheid and was drafted in part to clarify the relevant issues for a legal evaluation of apartheid-not only within the TRC, but also in broader South African and international society. The submission …

Colonialism And Modern Constructions Of Race: A Preliminary Inquiry, Tayyab Mahmud

Faculty Articles

This article aims at an examination of the colonial career of the modern construction of race and its traces in post-coloniality. It locates race in regimes of legality and illegality attendant to British colonial rule over India to underscore the defining role of colonialism in modern constructions of race. The first part recounts the modern grammar of racial difference rooted in the colonial encounter between modern Europe and its colonies. The second part identifies three specific sites of deployment of colonial racial stereotypes in colonial India, namely, "martial races," "criminal tribes," and indentured labor. The last part traces the shadow …

The State Of Utah, Plaintiff, Appellee V. Stacey Lamar Nelson­ Waggoner, Defendant/ Appellant : Brief Of Appellant

Utah Supreme Court Briefs (1965 –)

This is an appeal from a judgment, sentence and commitment for rape, a first degree felony, in violation of Utah Code Ann. §76-5-402, entered in the First District Court in and for Box Elder County, State of Utah, before the Honorable Ben J. Hadfield, presiding.

America's Preoccupation With Ethics In Government Essay., Vincent R. Johnson

St. Mary's Law Journal

Many Americans today expect that the law can, should, and will be used to ensure a level playing field in public life. Americans expect the law to eliminate, insofar as possible, any unfair advantage that might be gained through the use of special connections to those who exercise the power of government. There are numerous rules applicable to judges, lawyers, and public officials that each seek to promote equal treatment for all persons by limiting the ability of persons to use special connections and privileged relationships to gain an advantage in public affairs. There were two threads of development in …

Resolving The Mult-Fractional Deed Dilemma - Conc.Ord Oil Co. V. Pennzoil Exploration & (And) Production Co. Recent Development, Noelle C. Letteri

St. Mary's Law Journal

Abstract Forthcoming.

From Little Acorns Great Oaks Grow: The Constitutionality Of Protecting Minors From Harmful Internet Material In Public Libraries Comment., Kimberly S. Keller

St. Mary's Law Journal

Congress should focus on the receiver's end of Internet transmissions to overcome the anonymity and transmogrification elements of the Internet to protect minors from harmful material. Throughout the years, librarians have struggled with monitoring minors’ access to the accumulating number of controversial texts in the library. The Internet’s unique infrastructure affords librarians virtually no opportunity for the pre-shelf review available with books and videos. Congress enacted the Communications Decency Act (CDA) in 1996 in an attempt to protect minors from the underbelly of the internet. The United States Supreme Court, in Reno v. ACLU, struck down the CDA ruling that …

Keeping The Promise: Establishing Nontransferable Election Systems In Jurisdictions Covered By Section Four Of The Voting Rights Act., Adam J. Cohen

St. Mary's Law Journal

Jurisdictions covered by the Voting Rights Act (VRA or the Act) need to impose multimember districting and non-transferable election systems. The VRA was enacted in 1965 to enforce the promise of the Fifteenth Amendment to the United States Constitution: the right to vote shall not be abridged on the basis of race. The Act requires any change in election procedures to be approved in advance so that states are not able to continuously disenfranchise voters based on race by simply changing election procedures. Either the District Court for the District of Columbia or the Attorney General of the United States …

Alumni Quarterly - Issue No. 69, University Of Maine School Of Law

Maine Law Magazine

Highlights:

• 7^th Annual Coffin Lecture

• Record Braking Road Race

• Student Achievements

Alumni Quarterly - Issue No. 72, University Of Maine School Of Law

Maine Law Magazine

Highlights:

• 8^th Annual Coffin Lecturer Justice Ruth Bader Ginsburg

• Professor Alison Rieser Named Pew Fellow

• Professor Deborah L. Rhode to Speak at the Law School

• Godfrey Visiting Professor Laura Underkuffler

• A Look at the Class of 2002

Negligent Publication Of Statements Posted On Electronic Bulletin Boards: Is There Any Liability Left After Zeran?, David Wiener

Santa Clara Law Review

No abstract provided.

Children's Well-Being: Clues And Caveats From Social Research, Greer Litton Fox

Santa Clara Law Review

No abstract provided.

California Oral Will Contracts: The Decline Of Testator Intent In The Shadow Of Equitable Estoppel, Jeff G. Carchidi

Santa Clara Law Review

No abstract provided.

Children's Interests In A Family Context - A Cautionary Note, James G. Dwyer

Santa Clara Law Review

No abstract provided.

Carcieri's Self-Described Progressive Critique Of The Aclu On Proposition 209: A Conservative Response, David Benjamin Oppenheimer

Santa Clara Law Review

No abstract provided.

When Push Comes To Shove Between Court Rule And Statute: The Role Of Judicial Interpretation In Court Administration, Glenn S. Koppel

Santa Clara Law Review

No abstract provided.

Online Service Providers And The Digital Millennium Copyright Act: Are Copyright Owners Adequately Protected?, Brandon K. Murai

Santa Clara Law Review

No abstract provided.

Evidentiary Hearings In California Capital Habeas Proceedings: What Are The Rules Of Discovery?, Joan Comparet-Cassani

Santa Clara Law Review

No abstract provided.

The Rookie Season, Illhyung Lee

Santa Clara Law Review

No abstract provided.

The Battle Between Plain Meaning And Legislative History: Which Will Decide The Standard For Pleading Scienter After The Private Securities Litigation Reform Act Of 1995?, Laura R. Smith

Santa Clara Law Review

No abstract provided.

Legal Aspects Of The Year 2000 Problem, James Blythe Hodge, Grant P. Fondo, Grant P. Fondo

Santa Clara Law Review

No abstract provided.

Death By A Thousand Cuts: The Rule Against Perpetuities, Angela M. Vallario

All Faculty Scholarship

This article suggests the policy and social justifications against dead hand control far outweigh transfer tax advantages provided to wealthy settlors and the potential revenue expected to be generated by the abolishment legislation. The abolishment legislation may be readily adopted by other jurisdictions in light of the legislatures' failure to recognize the consequences of unlimited dead hand control.

This article recognizes that the Rule is complicated, and Rule violations present harsh consequences for practitioners and their clients. In fact, violations of the Rule, due to its complexity, have been held as an attorney error, not subject to a malpractice claim. …

Rice V. Paladin Enterprises, Inc.: Does The First Amendment Protect Instruction Manuals On How To Commit Murder, Emma Dailey

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Legal Battles Of G.I. Joe: The Jurisprudence Of Distinctive Fingernails, Action Figures, Ninjas And Distinguished Marines, A. Jack Guggenheim

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Newsgathering After The Death Of A Princess: Do American Laws Adequately Punish And Deter Newsgathering Conduct That Places Individuals In Fear Or At Risk Of Bodily Harm, Alissa Eden Halperin

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Wage Discrimination In The National Basketball Association: Is There Discrimination Based On Race, Sean D. Johnson

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Balanchine Trust: Dancing Through The Steps Of Two-Part Licensing, Cheryl Swack

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Fred Alert Music Corp. V. Warner. Chappell Music, Inc. - Post-Termination Licensing Of Pre-Termination Derivative Works: Whose Song Is It Anyway, Eileen Siegeltuch

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Americans With Disabilities Act And Its Application To High School, Collegiate And Professional Athletics, Jonathan R. Cook

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.