Law Commons^™

Legal Research And The World Of Thinkable Thoughts, Robert C. Berring

The Journal of Appellate Practice and Process

It is difficult to properly describe technology’s impact on legal information. The impact created a generational gap between those who learned their research skills before the change and current students. The habits of the new generation of legal researchers point toward a change in the way that we can think about the law.

The "Insane" Contradiction Of Singleton V. Norris: Forced Medication In A Death Row Inmate's Medical Interest Which Happens To Facilitate His Execution, Rebecca A. Miller-Rice

University of Arkansas at Little Rock Law Review

No abstract provided.

The Effect Of Courtroom Technologies On And In Appellate Proceedings And Courtrooms, Fredric I. Lederer

The Journal of Appellate Practice and Process

The information presented to courts has traditionally been written and oral. Many courts are adopting technology into the courtroom. Changing the record from text to multi-media is the most sweeping of these changes.

Electronic Filing In North Carolina: Using The Internet Instead Of The Interstate, Deborah Leonard Parker

The Journal of Appellate Practice and Process

Traditionally, an attorney working down to the wire on an appellate brief has to be done by the courier service’s deadline. If the deadline is missed, the attorney must then race, for possibly hours, down the interstate to reach the courthouse in time. North Carolina has adopted a system that eliminates this pressure.

Constitutional Law And Criminal Procedure—Media Ride-Alongs Into The Home: Can They Survive A Head-On Collision Between First And Fourth Amendment Rights? Wilson V. Layne, 526 U.S. 603 (1999), Deleith Duke Gossett

University of Arkansas at Little Rock Law Review

No abstract provided.

Mail-Order Gun Kits And Fingerprint-Resistant Pistols: Why Washington Courts Should Impose A Duty On Gun Manufacturers To Market Firearms Responsibly, Amy Edwards

Washington Law Review

Plaintiffs have historically been unsuccessful in suing gun manufacturers for injuries inflicted by the criminal acts of third parties. Until recently, with one exception, courts uniformly found no basis for liability under either strict liability or general negligence claims. In three recent cases, however, courts have imposed a duty under negligent-marketing theories. These theories have yet to be tested in Washington. This Comment examines the potential viability of a lawsuit by victims of gun violence against gun manufacturers for negligent marketing in Washington. It ultimately concludes that Washington courts can and should impose a duty on gun manufacturers to refrain …

Delivery Of Legal Services To The Poor In The Twenty-First Century, Michael A. Cooper, Charles J. Ogletree, Robert F. Drinan, Elaine R. Jones, Margaret Fung, Bob Herbert, Deborah L. Rhode, Beverly Mcqueary Smith, William G. Paul, Charles Halpern, Kristin Booth Glen, Robert E. Bank

City University of New York Law Review

No abstract provided.

Inevitability Of The Eclectic: Liberating Adr From Ideology, The, Jeffrey W. Stempel, Kimberlee K. Kovach

Journal of Dispute Resolution

In this essay, I continue to argue against such rigid characterization of the mediation enterprise and in favor of what I term an "eclectic" approach to mediation. The eclectic style is one in which a mediator - while maintaining neutrality and impartiality at all times - attempts to both assist the disputants in finding acceptable solutions on their own and also remains free to provide necessary guidance as to the outcomes that might obtain in the legal regime that will govern their dispute should no agreement result from the mediation. In short, my view of good mediation practice is one …

Employees Beware: Signing Arbitration Agreements May Limit Your Remedies In Suits Filed By The Eeoc - Equal Employment Opportunity Commission V. Waffle House, Inc., Sarah Baxter

Journal of Dispute Resolution

Arbitration is used regularly to settle employment disputes, and federal policy supports these agreements between private parties. Federal statutes, however, also grant the Equal Employment Opportunity Commission the authority to pursue employment discrimination claims in court. These claims do more than vindicate the rights of individuals, they also safeguard the public interest in ending employment discrimination. A conflict may arise between these two policies when employees sign agreements to submit statutory discrimination claims to arbitration. This Note examines the split of authority on the issue of whether the Equal Employment Opportunity Commission should be permitted to seek money damages on …

Recent Developments: The Uniform Arbitration Act, S. Owen Griffin, Kelli Hopkins, Scot L. Wiggins, Emily Woodward

Journal of Dispute Resolution

This Article is an overview of recent court decisions that interpret state versions of the Uniform Arbitration Act ("U.A.A.").' Arbitration statutes patterned after the U.A.A. have been adopted by thirty-four states and the District of Columbia. The goal of this project is to promote uniformity in the interpretation of the U.A.A. by articulating the underlying policies and rationales of recent court decisions interpreting the U.A.A?

The Myth Of Property Absolutism And Modern Government: The Interacation Of Police Power And Property Rights, Philip A. Talmadge

Washington Law Review

A new movement in America espousing a novel doctrine, property-rights absolutism, has gained some popular and political appeal. But the property rights absolutists tend to ignore the societal foundations of property, and especially de-emphasize the responsibilities property owners have to the community in which they live. They fail to consider properly the significance of the police power and its vital role in the American and Washington State constitutional systems. This Article debunks the newly minted mythology of the property-rights absolutists and places the police power and property rights in their proper historical perspective.

Statutory Interpretation And Mr. Justice Rutledge, Nathaniel L. Nathanson

Indiana Law Journal

No abstract provided.

Revisiting Indiana's Rule Of Evidence 404(B) And The Lannan Decision In Light Of Federal Rules Of Evidence 413-415, Ellen H. Meilaender

Indiana Law Journal

No abstract provided.

Offensive Protection: The Potential Application Of Intellectual Property Law To Scripted Sports Plays, Proloy K. Das

Indiana Law Journal

No abstract provided.

A Cause Worth Quitting For? The Conflict Between Professional Ethics And Individual Rights In Discriminatory Treatment Of Corporate Counsel, Rachel S. Arnow Richman

Indiana Law Journal

No abstract provided.

The Citing Of Law Reviews By The Supreme Court:1971-1999, Louis J. Sirico Jr.

Indiana Law Journal

No abstract provided.

The Failure Of The Integrated Enterprise Test: Why Courts Need To Find New Answers To The Multiple-Employer Puzzle In Federal Discrimination Cases, Mark Crandley

Indiana Law Journal

No abstract provided.

The Intervention Of American Law In Jewish Divorce: A Pluralist Analysis, Suzanne Last Stone

Articles

The article examines the tension between gender equality and religious freedom through the lens of the *agunah* problem in Jewish law, where women are unable to remarry due to their husbands' refusal to grant a Jewish divorce (*get*). It critiques civil remedies aimed at addressing this issue, such as the Get Law, and evaluates their constitutional implications under the religion clauses. The analysis uses pluralist theories to assess how the liberal state should respond to conflicts between universal rights and group-specific legal practices, arguing that current approaches often undermine cultural diversity and individual rights within religious groups.

Foreword: Legal And Constitutional Implications Of The Calls To Revive Civil Society, Linda C. Mcclain, James E. Fleming

Faculty Scholarship

This symposium addresses legal and constitutional implications of the calls to revive or renew civil society (a realm between the individual and the state, including the family and religious, civic, and other voluntary associations). The erosion or disappearance of civil society is a common diagnosis of what underlies civic and moral decline in America, and its renewal features prominently as a cure for such decline. To date, there has been a great deal of discussion of civil society and proposals for its revival or renewal, but not enough discussion of legal and constitutional implications of such proposals. This symposium seeks …

Banks And Inner Cities: Market And Regulatory Obstacles To Development Lending, Keith N. Hylton

Faculty Scholarship

Why are poor inner cities underserved by financial institutions, and why is it so difficult to find a solution to this problem? Explanations of the lending shortfall problem range between theories based on discrimination to the view that the lending market is working flawlessly. Drawing largely on the economic development literature, I elaborate an alternative explanation here. The asymmetric information theory I offer yields the prediction that urban minority communities will be underserved by financial institutions even in the absence of discriminatory intent.

I claim that the existing framework of banking regulation is in part responsible for the difficulty in …

Antitrust, Michael Eric Ross

Mercer Law Review

The Eleventh Circuit's 1999 term was unremarkable for its antitrust jurisprudence. The court published only three antitrust decisions.

Morton's Market, Inc. v. Gustafson's Dairy, Inc. 198 F.3d 823 (11th Cir. 1999); Lowell v. American Cyanamid Co., 177 F.3d 1228 (11th Cir. 1999); MCA Television Ltd. v. Public Interest Corp., 171 F.3d 1265 (11th Cir. 1999). A fourth decision, Laker Airways, Inc. v. British Airways, PLC, 182 F.3d 843 (11th Cir. 1999), involved an antitrust action, but the opinion concerned application of FED. R. CIV. P. 19 and did not turn on application of substantive antitrust law. …

Appellate Practice And Procedure, William M. Droze, Jeri N. Sute

Mercer Law Review

Rules of practice and procedure in appellate courts, such as the United States Court of Appeals for the Eleventh Circuit, significantly impact cases brought before those courts comprising the circuit. From enforcement of procedural rules requiring the timely filing of a notice of appeal to application of justiciability doctrines to determine a party's standing to bring a claim, issues of practice and procedure commonly arise at the court of appeals.

This Article explores the application of practice and procedure by the Eleventh Circuit during 1999. The topics discussed include appellate culling of appealable issues; appellate treatment of interlocutory matters; timeliness …

Employment Discrimination, Peter Reed Corbin, John E. Duvall

Mercer Law Review

The 1999 survey period was another active year for employment discrimination litigation in the Eleventh Circuit and before the United States Supreme Court. In addition to the many cases decided by the Eleventh Circuit, the Supreme Court rendered several key decisions defining the scope of the Americans with Disabilities Act and redefining the concept of sovereign immunity. The Court also set standards for punitive damages awards under Title VII. Each of these decisions are discussed in detail below.

Federal Taxation, Kimberly S. Piar, Donald P. Hensel, M. Todd Prewett, Donald R. Bly

Mercer Law Review

In 1999 the Eleventh Circuit Court of Appeals decided several substantive tax cases as well as a number of procedural cases. The substantive tax issues addressed by the court included the definition of "control" under Internal Revenue Code Section 1504(a); whether S corporation shareholders can increase basis in their stock by the amount of guaranteed loans; the allocation of the purchase price of real property among depreciable and nondepreciable assets; employment tax issues; and worthless debt deductions under Internal Revenue Code Section 166. As to procedural issues, the court decided cases relating to remittances made in connection with Form 4868, …

Trial Practice And Procedure, Philip W. Savrin

Mercer Law Review

This Article surveys the 1999 decisions of the Eleventh Circuit Court of Appeals that have a significant impact on issues relating to trial practice and procedure.

• Removal Jurisdiction
• Arbitration
• Abstention
• Final Judgment
• Preemption
• Jurisdiction
• Appellate Jurisdiction

United States V. Dickerson: The Beginning Of The End For Miranda, James R. O'Neill

Mercer Law Review

In United States v. Dickerson, the Fourth Circuit held that the admissibility of a confession in federal courts is determined by 18 U.S.C. § 3501, not the rule announced by the Supreme Court in Miranda v. Arizona. Accordingly, the Fourth Circuit concluded, pursuant to the statute, that admissibility of a confession depends upon whether or not it is voluntary

Privacy In Cyberspace: Transcripts From The 1999 Judge James R. Browning Symposium, Jeff Renz, James Harvey

Montana Law Review

Privacy in Cyberspace

Some Thoughts On The Meaning And Scope Of The Montana Constitution's "Dignity Clause" With Possible Applications, Matthew O. Clifford, Thomas P. Huff

Montana Law Review

Some Thoughts on the Meaning and Scope of the Montana Constitution's "Dignity Clause"

Debating The Field Civil Code 105 Years Late, Andrew P. Morriss, Scott J. Burnham, James C. Nelson

Montana Law Review

Debating the Field Civil Code 105 Years Late

Cultural Musings Of A Non-Traditional Dean, W. Taylor Reveley Iii

Faculty Publications

No abstract provided.