Law Commons^™

Dancing Around Employment At-Will: Can Fraud Provide Plaintiffs A Way To Hold Their Employers Liable, James E. Meadows

Missouri Law Review

For over a century, the employment at-will doctrine has formed an important part of American jurisprudence. The doctrine, and what some see as its potentially harsh results, have received strong criticism. In some states, courts have used their ability to modify the common law to alter the employment at-will doctrine by creating exceptions based on public policy, the use of employee handbooks, and face-to-face statements by managers that imply a promise of employment. The Missouri Court of Appeals for the Eastern District of Missouri recently gave discharged employees a new way to avoid the almost absolute bar of the employment …

The War Powers Resolution And Kosovo, Allan Ides

Loyola of Los Angeles Law Review

No abstract provided.

A Comparison Of The Administrative Law Of The Catholic Church And The United States, John J. Coughlin

Loyola of Los Angeles Law Review

No abstract provided.

Book Review: We The People: The Fourteenth Amendment And The Supreme Court, S. I. Strong

Faculty Publications

Never one to shirk a challenge, Michael Perry has taken on the difficult task of investigating whether, as charged by a number of prominent social and legal commentators, "the modern Supreme Court, in the name of the Fourteenth Amendment [to the US Constitution], [has] usurped prerogatives and made choices that properly belong to the electorally accountable representatives of the American people," and if so, to what extent (p. 8). Perry makes no attempt to address every facet of Fourteenth Amendment doctrine, but instead focuses his discussion on some of the most controversial topics: racial segregation, affirmative action, discrimination on the …

Breaking Down The Boundaries Of Malpractice Law, Philip G. Peters Jr.

Missouri Law Review

Historically, courts have treated professional malpractice cases as unique. When disputes that would otherwise have been governed by tort rules of general application have arisen in the context of medical treatment, courts have routinely constructed special rules for the resolution of those disputes. Recent evidence suggests that this penchant for special rules may be weakening and that malpractice law may be slowly melting back into the sea of tort doctrine. The three Missouri health care la cases noted in this issue are the latest evidence that courts today are more willing to resolve medical negligence actions using tort rules of …

Just What The Doctor Ordered--Or Was It: Missouri Pharmacists' Duty Of Care In The 21st Century, Michele L. Hornish

Missouri Law Review

Recent studies have suggested that up to five percent of all prescriptions filled in hospitals contain errors. Medical commentators have expressed concern that this figure may be even higher for outpatient prescription. As a result of medication errors, patients suffer uncomfortable and even traumatic results in the form of “adverse drug events,” while the health care system incurs needless costs. These adverse drug events are normally preventable, and are considered to be a current problem by hospital administrators and doctors alike. Now, courts are beginning to recognize the problem, and have suggested a solution by adopting a heightened standard of …

Learned Intermediary Doctrine In The Age Of Direct Consumer Advertising, The, Bradford B. Lear

Missouri Law Review

Traditionally drug manufacturers have been excused from the general duty to warn consumers about the risks associated with their products by the learned intermediary doctrine. Though the doctrine has a sound grounding in public policy, drug companies have recently employed marketing strategies that undermine the usefulness of the learned intermediary rule. In Doe v. Alpha Therapeutic Corp., the Missouri Court of Appeals for the Eastern District of Missouri recently addressed whether the learned intermediary doctrine can be used as a defense when a drug company markets a product directly to consumers. This Note discusses the learned intermediary defense and its …

Strategic Disclosure In The Patent System, Douglas Lichtman, Scott Baker, Kate Kraus

Vanderbilt Law Review

Patent applications are evaluated in light of the prior art. What this means is that patent examiners evaluate a claimed invention by comparing it with what in a rough sense corresponds to the set of ideas and inventions already known to the public. This is done for three reasons. First, the comparison helps to ensure that patents issue only in cases where an inventor has made a non-trivial contribution to the public's store of knowledge. Second, it protects a possible reliance interest on the part of the public since, once an invention is widely known, members of the public might …

From The Editor, Steven Lopez Editor

Vanderbilt Journal of Entertainment & Technology Law

Two years ago, thirty-six law students embarked on an uncertain journey to create a new law journal-a legal publication that would fuse creative form with engaging content. The result, the Vanderbilt Journal of Entertainment & Technology Law & Practice, you hold in your hands.

Research To Practice: Time Limits, Exemption, And Disclosure: Tanf Caseworkers And Clients With Disabilities, Jaimie Ciulla Timmons, Danielle Dreilinger

Research to Practice Series, Institute for Community Inclusion

Findings show that welfare caseworkers experience unique challenges when supporting welfare recipients with disabilities, including time limit pressures and conflict over exemptions. The brief includes a resource list for caseworkers.

Trial Practice And Procedure, C. Frederick Overby, Jason Crawford, Joshua Sacks, Richard A. Griggs, Matthew E. Cook

Mercer Law Review

This survey period is most notable for the diversity of cases touching upon trial practice and procedure decided by the Georgia appellate courts. Among those were cases fleshing out the permissible parameters of attorney-client contractual relations, scaling back the malpractice affidavit pleading requirement, defining further what constitutes a doctor-patient relationship, interpreting the wrongful death act to determine who can properly bring a claim, and declining to apply the self-contradictory testimony rule to a party's expert witness. Other important decisions addressed previously undecided evidentiary questions, confused medical providers attempting to comply with thirdparty requests for production of documents, and expanded the …

The War In Kosovo: Failed Lessons Of Incrementalism, C. Boyden Gray

Loyola of Los Angeles Law Review

No abstract provided.

The Power To Make War, Dennis J. Kucinich

Loyola of Los Angeles Law Review

No abstract provided.

Down On The Corner: An Analysis Of Gang-Related Antiloitering Laws, Jocelyn L. Santo

Cardozo Law Review

No abstract provided.

Come And Knock On Our Door: The Fair Debt Collection Practices Act's Intrusion Into New York's Summary Proceedings Law, Kara B. Schissler

Cardozo Law Review

No abstract provided.

Mental-Mental Claims--Placing Limitations On Recovery Under Workers' Compensation For Day-To-Day Frustrations, Natalie D. Riley

Missouri Law Review

No abstract provided.

Could Somebody Call A Doctor--On-Call Physicians And The Duty To Treat, Jane Drummond

Missouri Law Review

The law of negligence imposes few affirmative duties on actors in society. In the medical profession specifically, negligence law traditionally contains no requirement that a physician provide medical treatment to those in need absent an existing relationship between the doctor and patient. Yet there has long been the sense that doctors owe a higher duty to the public, and courts are finding ways to redefine the doctor-patient relationship to allow plaintiffs greater access to claims for a physician’s failure to render care. In Millard v. Corrado, the Missouri Court of Appeals for the Easter District of Missouri provides plaintiffs with …

The War Powers Resolution And Kosovo, Abraham D. Sofaer

Loyola of Los Angeles Law Review

No abstract provided.

Class Action Settlements In Louisiana, Kent A. Lambert

Louisiana Law Review

No abstract provided.

Table Of Contents

BYU Law Review

No abstract provided.

Socratic Misogyny?--Analyzing Feminist Criticisms Of Socratic Teaching In Legal Education, David D. Garner

BYU Law Review

No abstract provided.

The Integrity Of Death: Resolving Dilemmas In Medicine, Larry I. Palmer

Faculty Publications

No abstract provided.

Clark Memorandum: Fall 2000, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum

• Latter-day Saint Reflections on the Trial and Death of Jesus (John W. Welch)
• Basic Mediation Training (Jane Wise)
• Good Words for the Journey Ahead (Stephen H. Anderson)
• From the Orange County Register

Coming Soon To Your State (But Not Ready For Prime Time): Ucita, James S. Heller

Library Staff Publications

No abstract provided.

Judges, Juries, And Patent Cases - An Emprical Peek Inside The Black Box, Kimberly A. Moore

Michigan Law Review

The frequency with which juries participate in patent litigation has skyrocketed recently. At the same time, there is a popular perception that the increasing complexity of technology being patented (especially in the electronic, computer software, biological and chemical fields) has made patent trials extremely difficult for lay juries to understand. These developments have sparked extensive scholarly debate and increasing skepticism regarding the role of juries in patent cases. Juries have participated in some aspects of patent litigation since the enactment of the first patent statute in 1790, which provided for "such damages as shall be assessed by a jury." The …

Contents

Louisiana Law Review

No abstract provided.

Title Page

Louisiana Law Review

No abstract provided.

Missed Opportunities: Louisiana's Version Of The Rules Of Professional Conduct, N. Gregory Smith

Louisiana Law Review

No abstract provided.

Chief Judge Melvin Shortess: A Pencil Sketch From Life, Paul R. Baier

Louisiana Law Review

No abstract provided.

Of Envelopes And Legends: Reflections On Tort Law, Frank L. Maraist

Louisiana Law Review

No abstract provided.