Law Commons^™

Memorial Dedication To Stephen E. O'Neil

Loyola of Los Angeles Law Review

No abstract provided.

Creating And Organizing Cc 73, E. L. Henry

Louisiana Law Review

No abstract provided.

Cc 73 And The Birth Of The Modern Louisiana Two-Party System, Wayne Parent, Jeremy Mhire

Louisiana Law Review

No abstract provided.

Limits On Borrowing And Donations In The Louisiana Constitution Of 1975, Lee Hargrave

Louisiana Law Review

No abstract provided.

Would The Kroger Rule Survive The Ali’S Proposed Revision Of § 1367?, Edward A. Hartnett

Duke Law Journal

Supplemental jurisdiction has been a treacherous area over the past decade. Previously, supplemental jurisdiction-then generally called pendent or ancillary jurisdiction-had been left nearly entirely to judicial development, but in 1989 the Supreme Court criticized several of its own prior cases for failing to make a "specific examina- tion of jurisdictional statutes" to determine whether Congress had authorized the exercise of jurisdiction.' Although the Court stated that it had "no intent to limit or impair" these already established cases, it declared that it would not extend them. It acknowledged that "the scope of jurisdiction conferred by a particular statute can of …

Code Blue! Ambulance Manufacturing Specifications May Pre-Empt State Common Law Claims, Michael J. Denning

Northern Illinois University Law Review

This comment seeks to apply contemporary pre-emption jurisprudence to the area of federal purchasing specifications. The piece first lays the foundation of pre-emption, and more specifically discusses its inception and maturation, and then provides an analysis of how courts should apply these principles today. Next, the piece introduces federal purchasing specifications, specifically the specification governing the government's acquisition of ambulances. The comment argues that because the specification was written to provide federal uniformity to the ambulance manufacturing field, any state claim seeking to hold a manufacturer to a higher standard than that written into the specification should be pre-empted through …

Title Page

Louisiana Law Review

No abstract provided.

Contents

Louisiana Law Review

No abstract provided.

Dedication Of Louisiana Law Review, Volume 62, Issue 1, To Professor Lee Hargrave, Katherine Shaw Spaht

Louisiana Law Review

No abstract provided.

The State Of State Consitutions, G. Alan Tarr

Louisiana Law Review

No abstract provided.

Challenges Facing State Constitutions In The Twenty-First Century, Ann Lousin

Louisiana Law Review

No abstract provided.

Executive Clemency, First-Offender Pardons; Automatic Restoration Of Rights, Helen Ginger Berrigan

Louisiana Law Review

No abstract provided.

Judicial Power And The Administrative State, James L. Dennis

Louisiana Law Review

No abstract provided.

Louisiana Constitution, Article Vii: Significant Developments, David Conroy

Louisiana Law Review

No abstract provided.

The Education Article Of The Louisiana Constitution, Jackie Ducote

Louisiana Law Review

No abstract provided.

Local Government Autonomy, Michael E. Libonati

Louisiana Law Review

No abstract provided.

Administrative Practice Under The 1974 Constitution: A "Silver Anniversary" Review, David A. Marcello

Louisiana Law Review

No abstract provided.

Akzo Nobel Coatings, Inc. V. Aigner Corp.: The Settlement Credit Issue Answered For Cercla Litigation?, Amy Lewis Champagne

Louisiana Law Review

No abstract provided.

The Jaws That Bite, The Claws That Snatch, Joseph K. Scott

Louisiana Law Review

No abstract provided.

Alden V. Maine: Protecting The States At The Expense Of The People, Sarah Louise House

Louisiana Law Review

No abstract provided.

God, Man, And Law: Of Rights And Responsibilities, E. Thomas Ryder

Northern Illinois University Law Review

This comment examines the evolving construction, modifications and improvements made to the "wall of separation between church and state." Initially, the comment presents an analysis of the unifying religious themes of individual responsibilities, which underlie our rights, as a reason why religion is important, even in schools. The author then reviews the historical origins and early development of the Establishment and Free Exercise Clauses, and examines modem Establishment Clause jurisprudence. The comment then examines the Cleveland, Ohio elementary school voucher program, applying current Establishment Clause jurisprudence. The conclusion then recommends embracing anew the dynamic role of religion in United States …

Is There No Simple Battery Under Illinois Law?, Azhar J. Minhas

Northern Illinois University Law Review

This piece argues that judicial interpretation of 720 ILCS 5/12-4(b)(8) (1997) of the Illinois Criminal Code, the statute which enhances simple battery to aggravated battery, has opened the door for the abuse of prosecutorial discretion in applying the statute and has led the courts away from its true legislative intent. Specifically, the application of the statute has been overbroad and courts' interpretations of the legislative intent have been far-reaching. Through statutory analysis and the consideration of case law, the author explores the judicial expansion of section (b)(8) and argues for words of limitation in the statute that will help to …

Practicing Law In The Global Economy, Nancy L. Kaszak

Northern Illinois University Law Review

This essay is an edited version of a lecture given by Ms. Kaszak as part of the Francis X. Riley Lecture series at the Northern Illinois University College of Law. It begins by discussing the development of the global economy as resulting from technological developments, such as the personal computer, with the ability to connect globally via the internet, that combine with the relative ease of transporting goods and services across borders making the global economy a reality. It develops the global enterprise as the natural evolution of business in the redefined global economy. The piece then looks at the …

Should The Government Be Allowed To Engage In Racial, Sexual, Or Other Acts Of Discrimination?, Walter E. Block, Roy Whitehead

Northern Illinois University Law Review

Arkansas law provides scholarship funds to students who meet specified academic criteria. This article examines the constitutional implications of making direct monetary payments to non-secular schools. It analyzes this practice in light of the Establishment Clause, and claims disparate impact discrimination under current administration of the scholarship program. The merits of a private cause of action under §1983 are addressed. The article concludes with the Libertarian perspective of the issues raised.

Vol. 22, No. 1, Fall 2001: Table Of Contents, Northern Illinois University Law Review

Northern Illinois University Law Review

No abstract provided.

Museletter: November/December 2001, Gail F. Zwirner

Museletter

This Issue:

Law School Dedicates Robert R. Merhige, Jr. Special Collections & Rare Books Room

Reference Source of the Month: Virginia Lawyer and Virginia Lawyer Register by Gail Zwirner

At the Movies: Tortilla Soup by Gail Zwirner

Meet the Library Staff: Amanda Surovy & Kathy Sagan-Salandro

Probability Neglect: Emotions, Worst Cases, And Law, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

When strong emotions are triggered by a risk, people show a remarkable tendency to neglect a small probability that the risk will actually come to fruition. Experimental evidence, involving electric shocks and arsenic, supports this claim, as does real-world evidence, involving responses to abandoned hazardous waste dumps, the pesticide Alar, and anthrax. The resulting “probability neglect” has many implications for law and policy. It suggests the need for institutional constraints on policies based on ungrounded fears; it also shows how government might effectively draw attention to risks that warrant special concern. Probability neglect helps to explain the enactment of certain …

The Power Of Congress "Without Limitation": The Property Clause And Federal Regulation Of Private Property, Peter A. Appel

Scholarly Works

Congress has overlooked a powerful tool for regulating within state jurisdictions: the Property Clause of the United States Constitution. The United States Government owns land in every state and approximately thirty percent of the total land in the United States. The federal government's authority to regulate its property within states derives from the Property Clause and has been described by the Supreme Court as "without limitation."

Professor Appel traces the historical development of the Constitution's Property Clause, from its pre-constitutional origins through modern Supreme Court decisions and academic conceptions. Professor Appel compares the narrow view of Property Clause scholarship - …

Transmissions Of Music On The Internet: An Analysis Of The Copyright Laws Of Canada, France, Germany, Japan, The United Kingdom, And The United States, Daniel J. Gervais

Vanderbilt Law School Faculty Publications

This Article examines the status of copyright laws in several countries as they pertain to transmissions of music on the Internet. Because the exact legal ramifications of music transmissions over the Internet are currently unclear, the Author compares copyright laws of six major markets and examines the potential application of the copyright laws and other rights that may apply. The Article also discusses rules concerning which transborder transmissions are likely to be covered by a country's national laws, as well as specific rules applying to the liability of intermediaries. Next, the Article summarizes the comparative findings and discusses the relevant …

Distributing Products Under The Nonprofit Institutions Act: Pricc Discrimination, Arbitrage, And Fraud In The Pharmaceutical Industry, Dennis S. Corgill

BYU Law Review

No abstract provided.