Law Commons^™

Of Minority Representation, Multiple-Race Responses, And Melting Pots: Redistricting In The New America, Melissa L. Saunders

North Carolina Law Review

No abstract provided.

Drawing Effective Miority Districts: A Conceptual Framework And Some Empirical Evidence, Bernard Grofman, Lisa Handley, David Lublin

North Carolina Law Review

No abstract provided.

A Functional Analysis Of Potential Voting Rights Act Liability May Demonstrate That The Intentional Creation Of Black Remedial Districts Cannot Be Justifed, Katharine Inglis Butler

North Carolina Law Review

No abstract provided.

Restitution And Equity: An Analysis Of The Principle Of Unjust Enrichment, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.

The Supreme Court And The American Character, Edward A. Hartnett

Seton Hall Constitutional Law Journal

No abstract provided.

The Racial And Cultural Profiling Of Asian Americans: A Review Of Contemporary Asian America: A Multidisciplinary Reader By Min Zhou & James V. Gatewood, Eds. Temple University Press, 2000. Pp. 657., Harvey Gee

Seton Hall Constitutional Law Journal

No abstract provided.

First Amendment - Freedom Of Expressive Association - The New Jersey Law Against Discrimination's Prohibition Against Discrimination On The Basis Of Sexual Orientation Is Unconstitutional As Applied To An Organization That Purports To View Homosexuality As Immoral And Bars Homosexuals From Participation - Boy Scouts Of America V. Dale, 120 S. Ct. 2446 (2000)., Stephen P. Hayford

Seton Hall Constitutional Law Journal

No abstract provided.

New Jersey Constitution, Article I, Paragraphs Six And Eighteen - Free Speech And Assembly - State Constitutional Protections Of Speech And Assembly Prohibit Commercial Shopping Centers From Unreasonably Restricting Collective And Individual Expressive Activities On Their Premises - Green Party Of New Jersey V. Hartz Mountain Industries, Inc., 752 A.2d 315 (N.J. 2000)., Joni Noble

Seton Hall Constitutional Law Journal

No abstract provided.

Fourth Amendment - Search And Seizure - New Jersey Supreme Court Continues To Protect The Privacy Rights Of New Jersey's Citizens By Requiring Both Probable Cause And Exigent Circumstances In Order To Search A Vehicle Without A Warrant Pursuant To The Automobile Exception - State V. Cooke, 751 A.2d 92 (N.J. 2000)., Kate L. Yannitte

Seton Hall Constitutional Law Journal

No abstract provided.

The Constitution Of The United States Of America

Seton Hall Constitutional Law Journal

No abstract provided.

Little Waste Goes A Long Way: The Recovery Of Response Costs Under Cercla, A, Cathi M. Kraetzer

Missouri Law Review

In Johnson v. James Langley Operating Co., the United States Court of Appeals for the Eighth Circuit held that plaintiffs, in order to impose liability on defendants, need not show that they incurred response costs by acting to contain a release that threatened public health or the environment. By rejecting the Fifth Circuit’s holding in Amoco Oil Co. v. Borden, Inc., the court created a circuit split. This Note argues that the Eighth Circuit’s liberal interpretation of the plain language of CERCLA furthers the goals of the statute more than the Fifth Circuit’s narrow interpretation. This Note also argues that …

Unbundling Our Tort Rights: Assignability For Personal Injury And Wrongful Death Claims, Patrick T. Morgan

Missouri Law Review

This Note explores the origins of the prohibition on champerty and maintenance in tort litigation. It suggests that a modern understanding appropriate to our mature legal system should allow a tort victim to assign his right to sue and collect damages for a wrongful injury or death. This ability to unbundle this right would lead to an efficient restructuring of incentives in tort liability and open courtroom doors to those currently excluded.

Adr And The Federal Government: Not Such Strange Bedfellows After All, Daniel Marcus, Jeffrey M. Senger

Missouri Law Review

These remarks focus on the Federal Government's use of ADR. The Department of Justice, as the nation's most prolific litigator, can benefit greatly from the effective use of ADR. What factors limit its use and how it has been implemented are discussed below.

The First Sale Doctrine And Digital Phonorecords, Bob Hyde

Duke Law & Technology Review

This iBrief follows various phonorecord formats to illustrate the specifics of the First Sale doctrine as it applies to digital phonorecords. The author argues that the disposal of a digital phonorecord by means of distribution infringes an author's exclusive right to reproduce the underlying musical work and this distribution is not subject to First Sale protection.

Beyond Librarianship: Are Librarians Becoming Isolated In The New Information Age?, Margaret Ann Wilkinson, Roma Harris

Law Publications

This paper continues a series exploring the perceptions of entering university students about the roles of librarians and others. A model developed by Elizabeth Graddy, suggesting that the extent to which an occupation receives legal sanction reflects the public's perception of its social relevance, is tested. While Graddy's focus on the relationships between occupations and the public, rather on conditions within various professions, is reinforced as predicting an occupation's ability to meet the challenges of a changing society, the data from this study demonstrate more predictive variables than those identified by Graddy. A more complex view of the future of …

The True Constitutionalist, Raoul Berger, 1901-2000: His Life And His Contribution To American Law And Politics, Gary L. Mcdowell

Jepson School of Leadership Studies articles, book chapters and other publications

When Raoul Berger turned ninety a little over a decade ago, he was presented with a book of letters from friends and admisrers. Those sending their good wishes were among America's most distinguished jurists, public officials and scholars, including Chief Justice William H. Rehnquist, former Attorney General Edwin Meese III and Professor Philip B. Kurland. The collection was introduced by a letter from former President Ronald Reagan.

The Future Of Database Protection In U.S. Copyright Law, Jennifer Askanazi, Glen Caplan, Dianne Descoteaux, Kelly Donohue, Darin Glasser, Emelio Mena

Duke Law & Technology Review

In the recent British Horseracing Board case, the English High Court signaled a return to the "sweat of the brow" standard of copyright protection. Although recent attempts have been made in the United States to protect databases under this standard, this iBrief argues that the information economy is wise to continuing protecting this data through trade secret, State misappropriation and contract law until legislation is passed.

Income Tax Assessor V. Sadot, Izhak Englard, Shlomo Levin, Tova Strasberg-Cohen, Theodor Or, Aharon Barak

Translated Opinions

Facts: Respondents 2 and 3 were partners in the ‘Sadot’ Partnership.  These two partners established a corporation, Sadot Transportation Company (1982) Ltd., and transferred all the assets and obligations of the partnership to this company, allocating the Company’s shares to the respondents at an identical proportion to their holdings in the original partnership.

These partnership assets included trucks. The dispute between the parties relates to the characterization of the transfer of these trucks from the partnership to the company The respondents presented this transfer as free of gain, while the income tax assessor believes that the transfer of assets …

Rwu School Of Law Commencement (May 19, 2001), Roger Williams University School Of Law

School of Law Commencement (1996- )

No abstract provided.

156th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

156th University of Notre Dame Commencement and Mass Program including Law School awards

Organizational Demonization: The Fbi As Sinner, Ibpp Editor

International Bulletin of Political Psychology

This article describes several descriptive attributions that might "explain" the Federal Bureau of Investigation (FBI) not providing all available information relevant to criminal cases to parties legally authorized to receive such information.

The Politics Of Changing Sexual Orientation, Ibpp Editor

International Bulletin of Political Psychology

This article identifies cognitions of value that permeate political discourse on the scientific validity of intentionally changing sexual orientation via clinical methods.

A Question Of Neutrality: Divorce Mediation Literature, The Role Of The Mediator, And Perspectives On Bias, Cory Michael Mathews

Dissertations and Theses

Research on mediation processes have addressed the role of the mediator, but often obliquely. In divorce mediation, the literature has sketched various approaches to the role, which diverge from each other in some significant ways. What is lacking is an integrated picture as to how these approaches to the field differ on key questions in the practice of divorce mediation.

This thesis is a preliminary attempt at such an integrated sketch, focusing on the question of whether or not the mediator is truly neutral in the process. Two major schools of thought of emerge from the literature, here referred to …

Re District Health Authority #8 And Nsnu, Innis Christie

Innis Christie Collection

Union grievance dated June 27, 2000, alleging breach of Article 9.02(d) of the Collective Agreement between the Employer and the Union effective November 1, 1997 - October 31, 2000, in that after employees go on extended sick leave the Employer continues to reduce the sick leave credits in their sick leave banks by 100 per cent instead of 75 per cent for each hour they would otherwise have worked. The Union requested an order that sick leave credits reduced contrary to the Collective Agreement be restored to each employee's sick leave bank.

Avoiding Intellectual Property Problems, Thomas G. Field Jr.

Law Faculty Scholarship

Patents, copyrights, trademarks, as well as trade secrets and related rights can be used to exclude free riders. These rights are usually collectively called "intellectual property" or IP. Everyone should know how to cost-effectively protect their own rights.

Profiling Racial Profiles: Challenges From Political Discourse, Ibpp Editor

International Bulletin of Political Psychology

This article describes problems in evaluating the validity and appropriateness of racial profiles based on reactance with political discourse on such profiles.

Auto Dealership Compliance With Hazardous Materials Management In The Las Vegas Valley, Lisa Evenson

UNLV Theses, Dissertations, Professional Papers, and Capstones

The Nevada Division of Environmental Protection inspects automobile dealerships in Las Vegas and Henderson approximately every two years to evaluate their compliance with hazardous waste disposal regulations. The follow-up inspections alert the Division as to which regulatory issues appear to be the most problematic and occur most often. This paper provides the methods and information needed to establish auto dealership compliance in the Las Vegas Valley, and the results obtained from the inspections of those facilities. The data is then summarized to allow the Division to determine the effectiveness of its current enforcement program.

Software Disclosure And Liability Under The Securities Acts, Carl C. Carl

Duke Law & Technology Review

Can a software company be liable under the securities laws when it sells securities without disclosing that it will not give free updates on current software as new technology makes them obsolete? What exactly must be disclosed and how does one say it without subjecting the company's business practices to close scrutiny? The Eleventh Circuit recently applied the time-honored standard of meaningful cautionary language to software companies in finding that the disclosures of a software company were enough to avoid liability under the securities laws when the company provided meaningful cautionary language in their prospectus.

Listing And Delisting Processes Under The Endangered Species Act: Hearing Before The S. Subcomm. On Fisheries, Wildlife And Water, 107th Cong., May 9, 2001 (Statement Of John D. Echeverria, Dir. Environmental Policy Project, Geo. U. L. Center), John D. Echeverria

Testimony Before Congress

No abstract provided.

2001 Recognition Ceremony Program

Recognition Ceremony

No abstract provided.