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Articles 1 - 30 of 47
Full-Text Articles in Law
To Designate Or Not To Designate Under The Family And Medical Leave Act, Tory L. Lucas
To Designate Or Not To Designate Under The Family And Medical Leave Act, Tory L. Lucas
Faculty Publications and Presentations
The Family and Medical Leave Act (FMLA) entitles eligible employees to take a total of twelve workweeks of leave during any twelve-month period for specifically prescribed circumstances such as a serious health condition or the birth or adoption of a child. Does the FMLA require employers to specifically designate leave as FMLA leave or risk having to provide more than the guaranteed twelve weeks of leave? This precise question created a circuit split in the federal courts before the Supreme Court of the United States answered the question in March 2002. This article, published in 2000, addressed the issue a …
After Gardner-Denver, Gilmer And Wright: The Supreme Court’S Next Arbitration Decision, Susan A. Fitzgibbon
After Gardner-Denver, Gilmer And Wright: The Supreme Court’S Next Arbitration Decision, Susan A. Fitzgibbon
Saint Louis University Law Journal
No abstract provided.
Statutory Interpretation And Mr. Justice Rutledge, Nathaniel L. Nathanson
Statutory Interpretation And Mr. Justice Rutledge, Nathaniel L. Nathanson
Indiana Law Journal
No abstract provided.
The Citing Of Law Reviews By The Supreme Court:1971-1999, Louis J. Sirico Jr.
The Citing Of Law Reviews By The Supreme Court:1971-1999, Louis J. Sirico Jr.
Indiana Law Journal
No abstract provided.
Standing In Environmental Citizen Suits: Laidlaw’S Clarification Of The Injury-In-Fact And Redressability Requirements, Michael P. Healy
Standing In Environmental Citizen Suits: Laidlaw’S Clarification Of The Injury-In-Fact And Redressability Requirements, Michael P. Healy
Law Faculty Scholarly Articles
In its first week of business during the new millennium, the U.S. Supreme Court decided Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc., and provided important clarifications about the law of standing in environmental citizen suits. Specifically, the Court rejected the narrow view of environmental injury-in-fact advocated by Justice Scalia and instead adhered to the broader view of injury-in-fact established in a nonenvironmental context by the Court's decision in Federal Elections Commission v. Akins. As importantly, the Court also addressed the redressability requirement of Article III standing in Laidlaw. Here too, the Court did …
Revolutionary Or Aberrational?: The Status Of The Supreme Court’S Recent Federalism Cases In The Eighth Circuit, Cristian M. Stevens
Revolutionary Or Aberrational?: The Status Of The Supreme Court’S Recent Federalism Cases In The Eighth Circuit, Cristian M. Stevens
Saint Louis University Law Journal
No abstract provided.
Excluding The Exclusionary Rule In Driver's License Suspension And Revocation Hearings, Michele L. Hornish
Excluding The Exclusionary Rule In Driver's License Suspension And Revocation Hearings, Michele L. Hornish
Missouri Law Review
The exclusionary rule is a "judicially created remedy designed to safeguard Fourth Amendment rights," which provides for the suppression of primary and derivative evidence obtained from an illegal search. While often applied in criminal cases, in United States v. Calandra,3 the United States Supreme Court utilized a balancing test to determine whether to apply the rule in non-criminal contexts.4 Suppression of evidence in accordance with the exclusionary rule in both criminal and non-criminal cases has been criticized in many circles,5 with the debate recently resurfacing after the Supreme Court declined to apply the rule in administrative parole revocation proceedings.6 That …
The Supreme Court's "New" Federalism: An Anti-Rights Agenda?, Mitchell F. Crusto
The Supreme Court's "New" Federalism: An Anti-Rights Agenda?, Mitchell F. Crusto
Georgia State University Law Review
No abstract provided.
Equity And Settlement Class Actions: Can There Be Justice For All In Ortiz V. Fibreboard , Nikita Malhotra Pastor
Equity And Settlement Class Actions: Can There Be Justice For All In Ortiz V. Fibreboard , Nikita Malhotra Pastor
American University Law Review
No abstract provided.
The More Things Change, The More They Stay The Same: Implications Of Pfaff V. Wells Electronics, Inc. And The Quest For Predictability In The On-Sale Bar, Timothy R. Holbrook
The More Things Change, The More They Stay The Same: Implications Of Pfaff V. Wells Electronics, Inc. And The Quest For Predictability In The On-Sale Bar, Timothy R. Holbrook
Faculty Articles
This Article posits a two prong approach to the on-sale bar. First, for the anticipatory version, the courts should expressly incorporate the law of enablement under 35 U.S.C. § 112 and of utility under 35 U.S.C. § 101 into the on-sale bar, thus providing a well-known body of law to promote predictability. Procedurally, the courts should establish a hierarchy of evidence, similar to the approach used in claim construction, that considers certain, more readily available information as the most pertinent while eschewing the use of expert testimony and other litigation based evidence. Second, for the obviousness version of the on-sale …
Should State Corporate Law Define Successor Liability - The Demise Of Cercla's Federal Common Law, Bradford Mank
Should State Corporate Law Define Successor Liability - The Demise Of Cercla's Federal Common Law, Bradford Mank
Faculty Articles and Other Publications
During the 1980s and early 1990s, a series of decisions broadly interpreting the liability provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCIA) appeared destined to transform corporate law practice. CERCIA does not directly address successor liability, but the statute's complex and contradictory legislative history arguably implies that Congress wanted federal courts to apply broad liability principles to achieve the statute's fundamental remedial goal of making polluters and their successors pay for cleaning up hazardous substances.
Notably, a number of courts rejected state corporate law principles that usually limit the liability of successor corporations and instead …
Congress-Supreme Court Relations: Strategies Of Power, Steven Puro
Congress-Supreme Court Relations: Strategies Of Power, Steven Puro
Saint Louis University Public Law Review
No abstract provided.
Due Process, Magdale L. Labbe
Double Jeopardy, Robyn Mendelson
Due Process, Kathleen Byrne
Search And Seizure, Susan Clark
Due Process And Fundamental Rights, Martin A. Schwartz
Due Process And Fundamental Rights, Martin A. Schwartz
Scholarly Works
No abstract provided.
Kumho Tire Co. V. Carmichael: The Supreme Court Follows Up On The Daubert Test, Martin A. Schwartz
Kumho Tire Co. V. Carmichael: The Supreme Court Follows Up On The Daubert Test, Martin A. Schwartz
Scholarly Works
No abstract provided.
Towards A More Perfect Union: Some Thoughts On Amending The Constitution, Thomas E. Baker
Towards A More Perfect Union: Some Thoughts On Amending The Constitution, Thomas E. Baker
Faculty Publications
No abstract provided.
Supreme Court Section 1983 Developments: October 1998 Term, Martin A. Schwartz
Supreme Court Section 1983 Developments: October 1998 Term, Martin A. Schwartz
Touro Law Review
No abstract provided.
Due Process, Patricia Becker
Due Process, Kimberly Lumpee
Equal Protection, Michele Molfetta
Establishment Of Religion, Robert Gingher
Ex Post Facto, Robert Gingher
Local Elections, Roger Moran
Preemption, Roger Moran
Public Welfare, Christopher Vatter
Speech And Debate, Edward Callaghan
Takings, Diana Coen