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2001

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Articles 1321 - 1350 of 9191

Full-Text Articles in Law

Table Of Contents Jul 2001

Table Of Contents

Tulsa Law Review

No abstract provided.


Why Mediation Works, Joseph H. Paulk Jul 2001

Why Mediation Works, Joseph H. Paulk

Tulsa Law Review

No abstract provided.


Reducing Emissions From The Electricity Generation Industry: Can We Finally Do It?, Shi-Ling Hsu Jul 2001

Reducing Emissions From The Electricity Generation Industry: Can We Finally Do It?, Shi-Ling Hsu

Scholarly Publications

No abstract provided.


Adr In Employment Litigation, David R. Cordell Jul 2001

Adr In Employment Litigation, David R. Cordell

Tulsa Law Review

No abstract provided.


Alternative Dispute Resolution In The United States District Court For The Norhtern District Of Oklahoma, Cheryl L. Baber Jul 2001

Alternative Dispute Resolution In The United States District Court For The Norhtern District Of Oklahoma, Cheryl L. Baber

Tulsa Law Review

No abstract provided.


Pleading Securities Fraud, Elliott J. Weiss Jul 2001

Pleading Securities Fraud, Elliott J. Weiss

Law and Contemporary Problems

No abstract provided.


Pitfalls In Partnership Law Reform: Some United States Experience, Donald J. Weidner Jul 2001

Pitfalls In Partnership Law Reform: Some United States Experience, Donald J. Weidner

Scholarly Publications

No abstract provided.


What—Another Law Review?, Paul Goldstein Jul 2001

What—Another Law Review?, Paul Goldstein

Buffalo Intellectual Property Law Journal

No abstract provided.


Preparing For Bioinformatics Litigation: How Will The Courts Confront The Next Generation Of Biotechnology Patents?, Scott D. Locke, David A. Kalow Jul 2001

Preparing For Bioinformatics Litigation: How Will The Courts Confront The Next Generation Of Biotechnology Patents?, Scott D. Locke, David A. Kalow

Buffalo Intellectual Property Law Journal

No abstract provided.


Arresting Technology: An Essay, Ann Bartow Jul 2001

Arresting Technology: An Essay, Ann Bartow

Buffalo Intellectual Property Law Journal

No abstract provided.


Living Before, Through, And With Markman: Claim Construction As A Matter Of Law, John R. Lane, Christine A. Pepe Jul 2001

Living Before, Through, And With Markman: Claim Construction As A Matter Of Law, John R. Lane, Christine A. Pepe

Buffalo Intellectual Property Law Journal

No abstract provided.


Cross-References, As Stated Above, K.K. Duvivier Jul 2001

Cross-References, As Stated Above, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Often one argument in your brief may share common elements with another. Have you ever attempted to save space and time by simply referring your readers to another argument in a brief with "as stated above" or a similar cross-reference? This article provides tips for helping your readers follow such cross-references with ease.


Errors And Ethics: Dilemmas In Death, Penny White Jul 2001

Errors And Ethics: Dilemmas In Death, Penny White

Scholarly Works

No abstract provided.


The Disconnect Between At-Will Employment And Tortious Interference With Business Relations: Rethinking Tortious Interference Claims In The Employment Context, Alex B. Long Jul 2001

The Disconnect Between At-Will Employment And Tortious Interference With Business Relations: Rethinking Tortious Interference Claims In The Employment Context, Alex B. Long

Scholarly Works

No abstract provided.


Constitutional Criminal Procedure, James P. Fleissner, Sarah B. Mabery, Jeanne L. Wiggins Jul 2001

Constitutional Criminal Procedure, James P. Fleissner, Sarah B. Mabery, Jeanne L. Wiggins

Mercer Law Review

This Article surveys noteworthy 2000 decisions of the United States Court of Appeals for the Eleventh Circuit in the field commonly known as Constitutional Criminal Procedure. As in past years, the survey focuses on significant decisions concerning the Fourth Amendment's protection against unreasonable searches and seizures; the Fifth Amendment's privilege against self-incrimination, prohibition against double jeopardy, and guarantees of due process and grand jury screening; and the Sixth Amendment's procedural protections, including the right to counsel and the right of confrontation. Of course, most of these rights, with few exceptions, such as the right to have charges approved by a …


Santa Clara Magazine, Volume 43 Number 1, Summer 2001, Santa Clara University Jul 2001

Santa Clara Magazine, Volume 43 Number 1, Summer 2001, Santa Clara University

Santa Clara Magazine

2 - 150TH ANNIVERSARY MEMORIES In honor of SCU's sesquicentennial year, alumni reflect on their Bronco experiences.

4 - "SHEN FU" LEARNED THE GRACE OF ANGER By Tennant Wright, S.J. A friend shares his memories of Philip Oliger, S.J., who taught him that "passion is the sign that we are alive."

14 - WINGING IT By Adam Breen. Professor Bill Stover is a volunteer pilot for The Flying Doctors, a humanitarian group that brings free basic health and dental care to underprivileged communities in Mexico.

18 - SAVING GRACE By Elizabeth Kelly Gillogly '93. Santa Clara University's 150 years come …


Hybrid Organizations And The Alignment Of Interests: The Case Of Fannie Mae And Freddie Mac, Jonathan G.S. Koppell Jul 2001

Hybrid Organizations And The Alignment Of Interests: The Case Of Fannie Mae And Freddie Mac, Jonathan G.S. Koppell

Publications from President Jonathan G.S. Koppell

This article explores the political influence of government-sponsored enterprises (GSEs). Using Congress's overhaul of the regulatory infrastructure for Fannie Mae and Freddie Mac as a case study, the article presents two principal findings: (1) The characteristics that distinguish government-sponsored enterprises from traditional government agencies and private companies endow Fannie Mae and Freddie Mac with unique political resources; and (2) the alignment of interest groups around Fannie Mae and Freddie Mac is subject to strategic manipulation by the GSEs. A triangular model of this alignment is proposed and employed to analyze the legislative outcome. The case has implications for students of …


Fordham Lawyer, Vol. 6 No. 1 - Summer 2001, Fordham Law School Jul 2001

Fordham Lawyer, Vol. 6 No. 1 - Summer 2001, Fordham Law School

Fordham Lawyer

Fordham Lawyer magazine was first published in 1988 and continued through 2004. It returned in 2011 under Dean Michael M. Martin. The magazine shines a spotlight on faculty research, the Law School community, and the accomplishments of our alumni. No issues were published between 2004 and 2011.


Employment Discrimination, Peter Reed Corbin, John E. Duvall Jul 2001

Employment Discrimination, Peter Reed Corbin, John E. Duvall

Mercer Law Review

The field of employment discrimination law was alive and well in the Eleventh Circuit during the 2000 survey period. Indeed, the area is not even showing any signs of slowing down. The case receiving the most press was the Supreme Court's decision in Reeves v. Sanderson Plumbing Products, Inc. , which, although an age discrimination action, will have a large impact on whether cases reach a jury in all areas of employment discrimination law. The Eleventh Circuit also handed down a number of notable decisions, particularly in the area of sexual harassment, the disparate impact theory of liability, and the …


Securities Regulation, L. Briley Brisendine Jr. Jul 2001

Securities Regulation, L. Briley Brisendine Jr.

Mercer Law Review

This Article surveys significant cases decided by the United States Court of Appeals for the Eleventh Circuit during 1999 and 2000 in the field of securities regulation. This Article also examines one rule adopted by the Securities and Exchange Commission ("SEC") during this survey period that affects Eleventh Circuit precedent.

  • Safe Harbor for Forward-Looking Statement
  • Judicial Notice of SEC Filings and Standard for Scienter Pleading
  • "Knowing Possession" Test Adopted for Section 10(B) Fraud Claims


Human Rights And Development In The 21st Century: The Complex Path To Peace And Democracy, Douglas Lee Donoho Jul 2001

Human Rights And Development In The 21st Century: The Complex Path To Peace And Democracy, Douglas Lee Donoho

Faculty Scholarship

No abstract provided.


State Mental Hospital Continuity Of Care Study 2: Comparison Of State Mental Hospital Discharge Plans With Post Discharge Housing Placements, Participation In Community Behavioral Health Services, And Use Of Psychotropic Medication, John C. Ward, Timothy Boaz, Keith Vossberg, Gregory B. Teague Jul 2001

State Mental Hospital Continuity Of Care Study 2: Comparison Of State Mental Hospital Discharge Plans With Post Discharge Housing Placements, Participation In Community Behavioral Health Services, And Use Of Psychotropic Medication, John C. Ward, Timothy Boaz, Keith Vossberg, Gregory B. Teague

Mental Health Law & Policy Faculty Publications

No abstract provided.


Book Review: Women Under The Law: The False Promise Of Human Rights, S. I. Strong Jul 2001

Book Review: Women Under The Law: The False Promise Of Human Rights, S. I. Strong

Faculty Publications

Though McColgan's book promises much, it fails to persuade the reader for several reasons. First, a number of the examples used to demonstrate the inferiority of entrenched rights actually suggest the opposite. The second reason why McColgan fails to persuade results from her forcing constitutional arguments where there are none. The third problem with this book is its failure to extrapolate its arguments about women to other disadvantaged groups.

Despite these shortcomings, there is much in McColgan's book to recommend it. Her prose is fluid, her presentation of US and Canadian law, particularly regarding abortion, is extensive, and her arguments …


Book Review: The Business Of Judging, S. I. Strong Jul 2001

Book Review: The Business Of Judging, S. I. Strong

Faculty Publications

Lord Bingham of Cornhill is no stranger to the business of judging. Senior Lord of Appeal in Ordinary, former Lord Chief Justice of England, former Master of the Rolls, he has been sitting on the bench in one capacity or another for the last twenty years - twenty-five if one counts his tenure as a recorder. Although he began his career at the bar in 1959 as a commercial and civil lawyer, his appointment in 1996 as Lord Chief Justice placed him at the apex of the criminal justice system. In becoming senior Law Lord, Lord Bingham has expanded his …


Yankee Come Back? Occupational Safety And Health Reform In Mexico, Mark M. Hager Jul 2001

Yankee Come Back? Occupational Safety And Health Reform In Mexico, Mark M. Hager

University of Miami Inter-American Law Review

No abstract provided.


Mediation And Domestic Violence: A Practical Screening Method For Mediators And Mediation Program Administrators, Alexandria Zylstra Jul 2001

Mediation And Domestic Violence: A Practical Screening Method For Mediators And Mediation Program Administrators, Alexandria Zylstra

Journal of Dispute Resolution

Presented with such a dearth of standard practices and literature, family mediators have little guidance in whether and how to address cases involving domestic violence. Thus, this article sets forth a mediation screening framework that mediators and mediation program administrators can use to evaluate whether cases are appropriate for regular mediation (joint session without special safety measures), some modified form of mediation, or should be excluded from mediation. Such a method will better ensure a safe and fair mediation experience. Part II briefly examines the controversy surrounding the mediation of cases involving domestic violence, concluding that the arguments against mediating …


Supreme Court Defines Final Decisions Relating To Arbitration Decisions And Ducks The More Important Costs Issue - Green Tree Financial Corp. - Alabama V. Randolph, The, Franklin D. Romines Ii. Jul 2001

Supreme Court Defines Final Decisions Relating To Arbitration Decisions And Ducks The More Important Costs Issue - Green Tree Financial Corp. - Alabama V. Randolph, The, Franklin D. Romines Ii.

Journal of Dispute Resolution

The United States Supreme Court in Green Tree Financial Corp. - Alabama v. Randolph dealt with two arbitration issues of varying import. The less controversial issue involved defining the term 'final decision' in the context of arbitration proceedings.2 The second major issue in the case provided the Court an opportunity to analyze cost assignments in arbitration agreements that were silent on the issue.3 This issue has generated considerable policy disagreement among the circuits


Be Careful What You Say In Mediation - Indiana Supreme Court Rules That Oral Settlement Agreements Reached In Mediation Must Be In Writing To Be Enforceable - Kirk E. And Martha Vernon V. Adam J. Acton, Garrett S. Taylor Jul 2001

Be Careful What You Say In Mediation - Indiana Supreme Court Rules That Oral Settlement Agreements Reached In Mediation Must Be In Writing To Be Enforceable - Kirk E. And Martha Vernon V. Adam J. Acton, Garrett S. Taylor

Journal of Dispute Resolution

When parties use mediation as an alternative to litigation, they generally expect the agreement will be binding upon the parties and confidential. However, the parties must ensure that the agreement they reach is reduced to writing or the agreement may not be enforceable. Furthermore, certain things said during the mediation session may be admissible in future litigation proceedings. The Indiana Supreme Court, in Vernon v. Acton, held that until mediation agreements are reduced to writing and signed by the parties, they must be considered compromise settlement negotiations under the applicable evidence rules and are not admissible as evidence of an …


2001 Cardozo Life (Summer), Benjamin N. Cardozo School Of Law Jul 2001

2001 Cardozo Life (Summer), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Around Campus, page 3

Faculty Briefs, page 13

Nietzsche Comes of Age in America, page 18

Cardozo: Enjoying a Transformation, page 20

Enjoying the Jobs of Their Lives: Alumni on the Bench, page 25

Alumni News & Notes, page 32


How To Steal A Trillion: The Uses Of Laws About Lawmaking In 2001, Charles Tiefer Jul 2001

How To Steal A Trillion: The Uses Of Laws About Lawmaking In 2001, Charles Tiefer

All Faculty Scholarship

How did Congress pass President Bush's 2001 trillion-dollar tax cut pass without the necessary consensus shape and without the 60 Senate votes required to overcome resistance? How was the House able to give "fast track" treatment to laws designed to implement future trade deals? How was the 2001 Congress able to reject a new workplace ergonomic rule that would otherwise become law? In 2001, American lawmakers passed laws to make controversial laws, forcing the important question about whether laws about lawmaking actually serve the public interest.

In this article, the author explores the constitutional limits on laws about lawmaking and …