Law Commons^™

When Justice Fails: Indemnification For Unjust Conviction, Adele Bernhard

Articles & Chapters

The first section of this article reviews the evidence, both historical and contemporary, documenting the existence and frequency of wrongful convictions. The next dissects an actual case to illustrate how an innocent person can be convicted and why, once the error has been corrected and the conviction is vacated, that person generally has no legal action for damages in the absence of indemnification legislation. The third section argues that society has a moral obligation to assist the wrongfully convicted; that indemnification legislation is a better approach than reliance on ''moral obligation" bills; and that enacting legislation is possible - just …

Trusts And Estates Practice Into The Next Millennium, Marc S. Bekerman, Gerry W. Beyer

Articles & Chapters

As the world prepares to enter the next millennium, the practice of trusts and estates law continues to evolve. Factors driving this evolution include an increase in life expectancy, numerous advances in medical technology, the increased geographic mobility of individuals, the growing use of revocable trusts as will substitutes, the trend to abolish the rule against perpetuities and restrictions on the ability of creditors to reach self-settled trusts. Due to advances ranging from low-tech improvements, such as refrigeration and sewer systems, to sophisticated medical procedures, such as organ transplantation and dialysis, people are living longer than their ancestors. This article …

Half-Wracked Prejudice Leaped Forth: Sanism, Pretextuality, And Why And How Mental Disability Law Developed As It Did, Michael L. Perlin

Articles & Chapters

Mental disability law jurisprudence is often incoherent Much of its incoherence can be explained by two concepts that dominate this area of the law: sanism (the irrational prejudices that cause, and are reflected in, prevailing social attitudes toward mentally disabled persons, and those so perceived) and pretextuality (the courts' acceptance -- either implicit or explicit -- of testimonial dishonesty and their decisions to engage in dishonest decisionmaking in mental disability law cases). Mental disability law is frequently premised on stereotypes and on prejudice, on typification and fear. These distortions reflect sanism; cases that sanction the use of such stereotypes and …

Discussant, In Response To Justice Richard J. Goldstone, 1998 Otto L. Walter Lecture: International Human Rights At Century’S End, Stephen Ellmann

Articles & Chapters

No abstract provided.

Child Care And Federal Tax Policy, Ann F. Thomas

Articles & Chapters

No abstract provided.

Child Care And Federal Tax Policy (Symposium: Women, Equity And Federal Tax Policy: Open Questions), Ann F. Thomas

Articles & Chapters

No abstract provided.

Thoughts On The Sprint Acquisition., Michael Botein

Articles & Chapters

No abstract provided.

Religion And The Public Defender, Sadiq Reza

Articles & Chapters

It takes a special breed to have the understanding, compassion

and dedication to do what criminal defense lawyers do .... As

for public defenders - they are doing God's work. If Christ had

been a lawyer, he would have been a public defender.

Virtually all public defenders fight a daily battle against burnout

and the creeping erosion of confidence that inevitably accompany

defending acts we cannot condone and protecting those who are

the source of so much harm and grief. . . . Whether the process

unfolds subtly or suddenly, all defenders must confront the disturbing

consequences of their zealous …

Ii Prodotto Di Marca E Ii Suo Mercato Derivato, Rudolph J.R. Peritz

Articles & Chapters

The essay describes the most meaningful recent decisions of the Supreme Court of the United States and of lower courts on single brand aftermarkets for replacement parts and services, putting into historical context the market economics that inspires current antitrust jurisprudence. Particularly, it shows that the .post-classical approach has never entirely superceded neo-classical doctrines. Rather, several shifting tides of theory have swept, and still sweep, over the domain of antitrust doctrine influencing the debate unevenly.

The Appellate Body, The Protection Of Sea Turtles And The Technique Of "Completing The Analysis", Sydney M. Cone Iii.

Articles & Chapters

No abstract provided.

In Tribute To The Outgoing Editors, Carl Monk, Paul Carrington, Gerald Korngold

Articles & Chapters

No abstract provided.

The Jurisprudence Of Appearances, Richard Sherwin

Articles & Chapters

No abstract provided.

Retooling American Discovery For The Twenty-First Century: Toward A New World Order?, Richard L. Marcus

Faculty Scholarship

No abstract provided.

"To Lay And Collect Taxes": The Constitutional Case For Progressive Taxation, Leo P. Martinez

Faculty Scholarship

No abstract provided.

Public Fora, Neutral Governments, And The Prism Of Property, Calvin R. Massey

Faculty Scholarship

No abstract provided.

Efficiency And Equal Protection In The New European Contract Law: Mandatory, Default And Enforcement Rules, Ugo Mattei

Faculty Scholarship

No abstract provided.

Endangering Individual Autonomy In Choice Of Lawyers And Trustees–Misconceived Conflict Of Interest Claims In The Kamehameha Schools Bishop Estate Litigation, James R. Mccall

Faculty Scholarship

No abstract provided.

Minnesota V. Philip Morris, Inc.: An Important Legal Ethics Message Which Neglects The Public Interest In Product Safety Research, James R. Mccall, Edward J. Imwinkelried

Faculty Scholarship

No abstract provided.

Comment On Professor Roth's Reply, James R. Mccall

Faculty Scholarship

No abstract provided.

A Basic Concern For Process: Commentary On Quo Vadis, Prospective Overruling, James R. Mccall

Faculty Scholarship

No abstract provided.

The State Of Severity, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.

From Group Rights To Individual Liberties: Post-War Labor Law, Liberalism, And The Waning Of Union Strength, Reuel E. Schiller

Faculty Scholarship

No abstract provided.

Do Wives Own Half? Winning For Wives After Wendt, Joan C. Williams

Faculty Scholarship

No abstract provided.

Speaking Of Purposes, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.

Implementing Antiessentialism: How Gender Wars Turn Into Race And Class Conflict, Joan C. Williams

Faculty Scholarship

No abstract provided.

Would A Market-Based Test Clarify Entrapment?, Roger C. Park

Faculty Scholarship

No abstract provided.

Vouchsafing Democracy: On The Confluence Of Governmental Duty, Constitutional Right, And Religious Mission Symposium On Law And Religion, Ruti Teitel

Articles & Chapters

No abstract provided.