Law Commons^™

No Runner V. Calf Looking, 01-Ap-25 (Blkft. Tr. Ct. App., Oct. 11, 2001), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court considered whether the trial court judge erred by holding a hearing without the natural father being present and granting custody to the natural mother allowing her to leave the jurisdiction of the Court. The Court found that the lower court erred in granting custody of a child to the mother, given un-explored allegations of abuse by the mother, and after the clerks failed to properly deliver service for notice of the hearing to the natural father. The father’s due process rights were violated and this case is remanded for a new …

Trying To Try Sharon, Linda A. Malone

Popular Media

No abstract provided.

Liberty For Security, Morgan Streetman

Duke Law & Technology Review

On 11 September 2001, we collectively endured the worst tragedy to touch American soil since the Civil War. In the wake of this horrible event, a national hysteria erupted. People are anxious to restore the lost security; but at what cost? Many Americans seem not to care about the costs, and national polls show that now, more than ever, Americans are willing to trade their precious civil liberties in an attempt to restore security. As the ACLU has stated these are difficult days. Not only are they difficult, they will define the future of America. This iBrief explores the reactions …

Vol. 21, No. 07 (October 8, 2001)

Indiana Law Annotated

No abstract provided.

The Weekly October 8, 2001, North Carolina Central School Of Law

NCCU Law School Weekly

No abstract provided.

Primary Care Case Management: Lessons For Medicare?, Lisa Sprague

National Health Policy Forum

This issue brief looks at primary care case management (PCCM) as a tool that states have used to manage the delivery of care to their Medicaid populations, an alternative to contracting with commercial managed care plans. (States had found PCCM a flexible means of advancing state policy goals, including quality improvement, disease management, and coverage of special-needs populations.) The issue brief considers provider and beneficiary perspectives on PCCM as well as state agency objectives and accomplishments. Finally, it raises the question of adapting the PCCM model for Medicare.

Minority Discounts And Control Premiums In Appraisal Proceedings, Richard A. Booth Marbury Research Professor Of Law

Faculty Scholarship

In a merger, a stockholder often has a statutory right of dissent and appraisal under which the stockholder may demand to be paid fair value exclusive of any gain or loss that may arise from the merger itself. Most courts and commentators agree that a dissenting stockholder should ordinarily receive a pro rata share of the fair value of the corporation without any discount simply because minority shares lack control. In several recent cases, the courts have indicated that a minority stockholder is thus entitled to a share of the control value of the corporation even though the merger does …

Protecting Constitutional Freedoms In The Face Of Terrorism: Hearing Before The S. Comm. On The Judiciary, 107th Cong., Oct. 3, 2001 (Statement Of David D. Cole, Prof. Of Law, Geo. U. L. Center), David Cole

Testimony Before Congress

No abstract provided.

A Victory For The Student Researcher: Chou V. University Of Chicago, Kyle Grimshaw

Duke Law & Technology Review

For years, graduate and other student researchers at universities have alleged that the hierarchical system in academic research allows supervising PhDs to steal and patent inventions that were rightfully discovered by students. In July 2001, the Federal Circuit finally addressed these concerns by interpreting the law in a way that strictly protects the rights of student researchers. This article examines this long-overdue change in the law and discusses its potential implications.

Vol. 52, No. 2, October 2, 2001, University Of Michigan Law School

Res Gestae

•Editorial: listserv •Why I Like U of M Law So Far •Everything You Always Wanted to Know About OCI But Were Afraid to Ask •Corporate "Firmin"- "spray 'em with Raid!" •Cheap Eats in Ann Arbor •Thoughts on HBO's Epic Miniseries Band of Brothers •The Insider •The Major Postseason Awards •Crossword

When The Local And The Global Are Too Close For Comfort, Lawrence La Fountain-Stokes

Center for LGBTQ Studies (CLAGS)

In the early morning of August 15, 2001, Edgar Garzon, a 35-year-old Latino gay man better know as "Eddie," was viciously attacked with a "blunt instrument" by an unidentified assailant who jumped out of a red car. This occurred in Jackson Heights, Queens, an extremely diverse neighborhood with large concentrations of Latin Americans, Indians, Pakistanis, Bangladeshis and Koreans and a sizeable gay population. Garzon suffered three fractures in his cranium and was in a coma until September 4, when he passed away at Elmhurst Medical Center. His family, who reside mostly in Colombia and Florida, as well as his close …

A Truism That Isn't True? The Tenth Amendment And Executive War Power, D. A. Jeremy Telman

Law Faculty Publications

The Tenth Amendment is invoked whenever congressional powers threaten the independent law-making power of the several states. In that context, however, the Tenth Amendment does not tell us very much. After all, if powers are not delegated to the federal government, where else would they go but to the states? Accordingly, the Supreme Court has dismissed the Amendment as a truism.

Although the Amendment is only deployed as a rather ineffectual check on congressional authority, it clearly applies to all branches of the federal government. However, according to the theory of inherent executive authority, certain powers are unique to the …

Mid-Atlantic Ethics Committee Newsletter, Fall-Winter 2001

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Autonomy, Self-Governance, And The Margin Of Appreciation: Developing A Jurisprudence Of Diversity Within Universal Human Rights, Douglas Lee Donoho

Faculty Scholarship

No abstract provided.

Fall 2001

Transcript

No abstract provided.

Ndls Update 10/2001, Notre Dame Law School

NDLS Update

No abstract provided.

Volume 25, Issue 2 (Fall 2001)

Transcript

No abstract provided.

Don't Cheat; Escheat - What Every Business Lawyer Ought To Know About Tennessee's Abandoned Property Laws, Joan Macleod Heminway

Scholarly Works

No abstract provided.

Evidence And Trial Practice, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the conference on Evidence and Trial Practice held by UK/CLE in October 2001.

Vol. 18, No. 4, William K. Strycker

The Illinois Public Employee Relations Report

Contents:

Labor Management Cooperation: Key to Organization and Employee Success, by William K. Strycker

Recent Developments

Further References, compiled by Margaret A. Chaplan

Public Access To Legal Resources On The Internet, Alice M. Mccanless

The Southeastern Librarian

In the not so distant past, before the Internet, doing legal research necessitated access to either a substantial law collection or one of the expensive legal databases, Lexis-Nexis or Westlaw. That limited legal reference to law librarians, some special librarians and reference librarians at large university or public libraries. The Internet has changed all of that, giving any library with an Internet connection access to a wealth of current law, especially at the state and federal level.

Based on a presentation at the Joint Conference of the Georgia Council of Media Organizations and Southeastern Library Association on October 12, 2000.

Surveying Privacy: Library Privacy Laws In The Southeastern United States, Bryan M. Carson

The Southeastern Librarian

According to the American Library Association, library records should be kept private and confidential. Most states also have laws that protect the confidentiality of library records. This article will discuss the library confidentiality laws of the Southeastern United States, as well as the Family Educational Rights and Privacy Act (FERPA), and the USA PATRIOT Act (popularly known as the antiterrorism statute).

Federal Tax Collection Controversies In The Era Of Drye, Steve R. Johnson

Scholarly Publications

By “tax collection controversies,” I mean cases in which it has been established that the taxpayer owes additional taxes, those taxes remain unpaid, and the IRS is attempting to enforce collection out of the taxpayer’s assets. Such cases are numerous and involve attorneys in general legal practice as well as tax specialists. For example, the taxpayer may be your client for non-tax matters, and may expect you to handle her tax collection controversy as well. Or, your client may not be the taxpayer herself, but instead someone who co-owns property with the taxpayer. Your client expects you to make sure …

Roundtable Discussion: Corporate Governance, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

Institutional Foundations For Economic Legal Reform In Transition Economies: The Case Of Competition Policy And Antitrust Enforcement, William E. Kovacic

Chicago-Kent Law Review

The widespread adoption by transition economies of competition policy systems raises important questions about the design and phasing of legal reforms in emerging markets. Success in transition economies in developing useful competition policy programs and other economic legal reforms requires close attention to the establishment of public and private institutions whose effective operation is essential to a legal regime. Properly conceived competition policy programs that account carefully for national circumstances can play a constructive role in promoting economic growth. The content of such programs can be structured to match the institutional capacity of each nation, and the mix of policy …

Santa Clara Magazine, Volume 43 Number 2, Fall 2001, Santa Clara University

Santa Clara Magazine

4 - A GRAND WEEKEND By Adam Breen. At the Grand Anniversary Weekend in June, thousands of alumni, family, and friends gathered to celebrate 150 years of Santa Clara University.

12 - MUSICAL CHAIRS By Jacqueline Tasch. Peter Minowitz loves an audience, whether it is the students in his political science classes or the jazz lovers in local clubs.

14 - ASK THE EXPERTS By Elizabeth Kelley Gillogly '93. Santa Clara University ambassadors help recruit future Broncos.

16 - LESSONS FROM EL SALVADOR By Douglas Sweet. Faculty and students reflect on a spring break "immersion" trip, which for some was …

Learning From The Storm: Lessons For Illinois Following California's Experience With Electricity Restructuring, William A. Borders

Chicago-Kent Law Review

State by state the role of generation, transmission, and distribution is becoming more dynamic and market driven as regulated electric monopolies shed their vertically integrated structures and reinvent themselves for the competitive marketplace. California's turbulent move to an open electricity market provides a good example of how this process can go wrong. This Note highlights some of the key developments in California's recent energy troubles, and considers the unique challenges for the Illinois electricity market. Borders concludes that through new federal and state transmission policy, heightened demand response, and consumer education programs, regulators can ensure that the market sends price …

Revising State Recreational Use Statutes To Assist Private Property Owners And Providers Of Outdoor Recreational Activities, Terence J. Centner

Buffalo Environmental Law Journal

No abstract provided.

The Role Of Causation In Science As Law And Proposed Changes In The Current Common Law Toxic Tort System, Clifford Fisher

Buffalo Environmental Law Journal

No abstract provided.

Valuation, Allocation, And Distribution Of Retirement Plans At Divorce: Where Are We?, Elizabeth Brandt

Articles

No abstract provided.