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2001

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Articles 8521 - 8550 of 9172

Full-Text Articles in Law

The Idea Of Adoption: An Inquiry Into The History Of Adult Adoptee Access To Birth Records, Elizabeth Samuels Jan 2001

The Idea Of Adoption: An Inquiry Into The History Of Adult Adoptee Access To Birth Records, Elizabeth Samuels

All Faculty Scholarship

There has been in recent years and there continues to be intense debate around the country about whether to open original birth records to adult adoptees. Our understanding of the legal history relevant to the debate has been incomplete and inaccurate. According to this understanding, the state laws that closed court and birth records to the parties to adoptions generally closed these records for all time to all parties; the laws had a primary purpose of insuring lifelong anonymity for birth parents; and the laws became nearly universal by about the middle of the twentieth century. In fact, the history …

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The Strange History Of Adult Adoptee Access To Original Birth Records, Elizabeth Samuels Jan 2001

The Strange History Of Adult Adoptee Access To Original Birth Records, Elizabeth Samuels

All Faculty Scholarship

In the late 1940s and early 1950s, contemporary accounts reported that most states had sealed adoption court records completely but, typically, had sealed original birth certificates from all persons except adult adoptees. Through the 1950s influential experts recommended that original birth certificates remain available to adult adoptees, while birth and court records otherwise be closed to all persons except upon court order. In 1960 the laws in some 40 percent of the states still permitted adult adoptees to inspect them, but between 1960 and 1990 all but a handful of the rest of the states closed the birth records to …

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Antitrust And Intellectual Property: Unresolved Issues At The Heart Of The New Economy, Robert Pitofsky Jan 2001

Antitrust And Intellectual Property: Unresolved Issues At The Heart Of The New Economy, Robert Pitofsky

Georgetown Law Faculty Publications and Other Works

The New Economy differs in degree rather than kind from the "old" economy. Part II of this discussion examines the key differences that define the New Economy. Part Ill turns to several implications of those differences as they pertain to antitrust enforcement. I argue that the differences do not justify sweeping generalizations that antitrust enforcement has no place in the New Economy, but do require antitrust enforcement to make adjustments and exercise sensitivity towards intellectual property issues on a case-by-case basis. The goal of a coherent overall competition policy, in deciding both what conduct to enforce against and what remedies …

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Self-Dealing By Directors, Chen Jean Hui Vivien Jan 2001

Self-Dealing By Directors, Chen Jean Hui Vivien

Student Works (2000-2009)

Directors hold a significant position of influence over the assets and affairs of the company. This position gives rise to the potential for the misuse of the company's assets for the directors' own gain. In an era of marked growth of the significance of companies, there has been an increasing awareness of the need for protection of the company against abuse by directors.In recognition of the position of influence held by directors, equity has regarded directors as fiduciaries. Fiduciary duties to the company have been imposed on directors, specifically constraining self-dealing by directors.

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The Spanish Predominant Language Ordinance: Is Spanish On The Way In And English On The Way Out., Adriana Resendez Jan 2001

The Spanish Predominant Language Ordinance: Is Spanish On The Way In And English On The Way Out., Adriana Resendez

St. Mary's Law Journal

El Cenizo's Spanish language ordinance is likely to survive a constitutional challenge. The City Council of El Cenizo’s Spanish language ordinance, however, has generated a significant amount of controversy in the United States. The ordinance stipulates that all city council meetings will be made in the city’s predominant language—Spanish. Critics argue that the ordinance has made Spanish the official language. Critics also argue that the ordinance is discriminatory toward English speakers. English only advocacy groups, such as English First and U.S. English, argue that the ordinance will create a trend across the United States of immigrants refusing to embrace an …

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Heci V. Neel: Application Of The Discovery Rule To Damages Arising Out Of Oil And Gas Leases., L. Melanie Martin Jan 2001

Heci V. Neel: Application Of The Discovery Rule To Damages Arising Out Of Oil And Gas Leases., L. Melanie Martin

St. Mary's Law Journal

Texas landowners face a heavy burden in bringing claims for damages arising out of inherently undiscoverable damages to mineral estates because the statute of limitations starts at the time of injury rather than the time of discovery. Previously, courts adopted the discovery rule as an exception to the statute of limitations, effectively stalling the starting point of the statute of limitations. A two-pronged threshold inquiry is held before the application of the discovery rule. First, the court must determine if the injury is inherently undiscoverable or not detected despite the use of due diligence. Secondly, there must be objectively verifiable …

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Whither The Texas Tort Claims Act: What Remains After Official Immunity., J. Bonner Dorsey Jan 2001

Whither The Texas Tort Claims Act: What Remains After Official Immunity., J. Bonner Dorsey

St. Mary's Law Journal

Abstract Forthcoming.

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In Defense Of Representative Democracy: A Reply To Erwin Chemerinsky, Michael A. Scaperlanda Jan 2001

In Defense Of Representative Democracy: A Reply To Erwin Chemerinsky, Michael A. Scaperlanda

Faculty Articles

No abstract provided.

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The Ownership And Control Requirement In U.S. And European Union Air Law And U.S. Maritime Law - Policy; Consideration; Comparison, Kirsten Bohmann Jan 2001

The Ownership And Control Requirement In U.S. And European Union Air Law And U.S. Maritime Law - Policy; Consideration; Comparison, Kirsten Bohmann

Journal of Air Law and Commerce

No abstract provided.

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Slot Trading In The Reform Of The Council Regulation (Eec) No. 95/93: A Comparative Analysis With The United States, Dario Maffeo Jan 2001

Slot Trading In The Reform Of The Council Regulation (Eec) No. 95/93: A Comparative Analysis With The United States, Dario Maffeo

Journal of Air Law and Commerce

No abstract provided.

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Guarantee Of Basic Human Rights : A Comparative Study Between Islamic Law, International Charters And Algerian Constitution, Yassine Belkamel Jan 2001

Guarantee Of Basic Human Rights : A Comparative Study Between Islamic Law, International Charters And Algerian Constitution, Yassine Belkamel

Student Works (2000-2009)

This study deals with the issue of a comparative analysis of the guarantee of basic human rights in Islamic law, International Charter and Algerian constitution. This study finds its merit in the significance of the issue of human rights and its relevancy to our status quo. Notwithstanding, the multidimensionality of the topic of human rights, the researcher opts to focus on one of its important dimensions that is the guarantee of human rights. Historically speaking this issue was not extensively studied in depth by our classical scholars and jurists. Therefore, there is a need for in depth studies on this …

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Comment: The Development Of "Pipes" In Today's Private Equity Market, George L. Majoros Jr. Jan 2001

Comment: The Development Of "Pipes" In Today's Private Equity Market, George L. Majoros Jr.

Case Western Reserve Law Review

No abstract provided.

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Alden V. Maine: Infusing Tenth Amendment And General Federalism Principles Into Eleventh Amendment Jurisprudence, John Allota Jan 2001

Alden V. Maine: Infusing Tenth Amendment And General Federalism Principles Into Eleventh Amendment Jurisprudence, John Allota

Case Western Reserve Law Review

No abstract provided.

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Unconstitutional Land Development Conditions And The Development Agreement Solution: Bargaining For Public Facilities After Nollan And Dolan, David L. Callies, Julie A. Tappendorf Jan 2001

Unconstitutional Land Development Conditions And The Development Agreement Solution: Bargaining For Public Facilities After Nollan And Dolan, David L. Callies, Julie A. Tappendorf

Case Western Reserve Law Review

No abstract provided.

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Antitrust: New Economy, New Regime: A Second Annual Symposium Of The American Antitrust Institute - Introduction, Wendy L. Wallace Jan 2001

Antitrust: New Economy, New Regime: A Second Annual Symposium Of The American Antitrust Institute - Introduction, Wendy L. Wallace

Case Western Reserve Law Review

No abstract provided.

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Robert Pitofsky: Public Servant And Scholar, Timothy J. Muris Jan 2001

Robert Pitofsky: Public Servant And Scholar, Timothy J. Muris

Case Western Reserve Law Review

No abstract provided.

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Symposium On The Fortieth Anniversary Of Mapp V. Ohio - Foreword, Lewis R. Katz Jan 2001

Symposium On The Fortieth Anniversary Of Mapp V. Ohio - Foreword, Lewis R. Katz

Case Western Reserve Law Review

No abstract provided.

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The Employment Law Decisions Of The October 2000 Term Of The Supreme Court: A Review And Analysis, Ann C. Hodges Jan 2001

The Employment Law Decisions Of The October 2000 Term Of The Supreme Court: A Review And Analysis, Ann C. Hodges

Law Faculty Publications

During the October 2000 Term, the Supreme Court delivered major setbacks for employees in Circuit City Stores, Inc. v. Adams, which upheld mandatory and binding arbitration of federal and state employment discrimination claims through arbitration clauses forced upon employees as a condition of employment, and in Board of Trustees of the University of Alabama v. Garrett, which shielded state employers from federal court law suits brought under the Americans with Disabilities Act by victims of disability discrimination in employment. Employees escaped harm in Pollard v. E.I du Pont de Nemours & Co., in which the Court followed nearly unanimous circuit …

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Fatal Attraction? The Uneasy Courtship Of Brady And Plea Bargaining, John G. Douglass Jan 2001

Fatal Attraction? The Uneasy Courtship Of Brady And Plea Bargaining, John G. Douglass

Law Faculty Publications

Part I of this Article discusses the natural attraction between Brady-a rule requiring disclosure of evidence favorable to a defendant-and plea bargaining-a practice where such information is at a premium for defendants. Part II describes how an increasing number of courts have adapted Brady to fit in the world of a plea bargain, in the process changing Brady's point of reference from the jury's verdict to the defendant's tactical decision to plead guilty. Part ill argues that this change in focus narrows Brady's substantive coverage and renders the rule practically unenforceable following most guilty pleas. Part IV then assesses the …

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The Bush Administration And Appeals Courts Nominees, Carl W. Tobias Jan 2001

The Bush Administration And Appeals Courts Nominees, Carl W. Tobias

Law Faculty Publications

On May 9, President George H.W. Bush announced his first set of nominees for the United States Courts of Appeals. With a White House ceremony which chief executives traditionally reserve for United States Supreme Court designees, the president introduced eleven individuals whom he proposed for vacancies on the federal intermediate appellate courts. Submitting a package of appeals court nominees might seem to be a relatively mundane exercise. However, the developments that led to Bush's recommendations, the staging of this event, and the candidates tendered actually reveal much about contemporary judicial selection, which is a critical feature of constitutional governance. For …

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The Lsat Myth, Jeffrey S. Kinsler Jan 2001

The Lsat Myth, Jeffrey S. Kinsler

Law Faculty Scholarship

Predicting which students will perform well in law school may seem like an impossible task, but law schools endeavor to do so everyday, and the primary tool they use to make such predictions is the Law School Admission Test (LSAT), a standardized, 101-question multiple-choice examination. This article explores whether the LSAT warrants such prominence. Using statistical and anecdotal evidence, this article analyzes recent graduates of Marquette University Law School (MULS) to ascertain whether: (1) the LSAT is a valid predictor of three-year performance in law school; (2) the LSAT is a better predictor of law school performance than the UGPA …

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Joseph Mccarthy, The Law Student, Jeffrey S. Kinsler Jan 2001

Joseph Mccarthy, The Law Student, Jeffrey S. Kinsler

Law Faculty Scholarship

Much is known about Joseph McCarthy, the United States Senator. A fair amount is also known about Joseph McCarthy, the lawyer and Circuit Court Judge; particularly in his home state of Wisconsin. Not much is known, however, about Joe McCarthy, the law student. This is unfortunate because, arguably, many of the traits that catapulted McCarthy to the top and bottom of American politics were first exhibited in law school. It is a safe bet that very few of the current students at Marquette University Law School (MULS) are even aware that Joe McCarthy is an alumnus (LL.B., 1935) of the …

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Selected Conceptions Of Federalism: The Selective Use Of History In The Supreme Court's States' Rights Opinions, Lucian E. Dervan Jan 2001

Selected Conceptions Of Federalism: The Selective Use Of History In The Supreme Court's States' Rights Opinions, Lucian E. Dervan

Law Faculty Scholarship

In the period leading to the Civil War, debate over federalism and states’ rights developed into the seeds of a war that would forever change America. Over one hundred years later, the debate over federalism continues, unanswered by the blood of more than half a million soldiers. Over the last decade, the United States Supreme Court has increased state sovereignty and state immunity to levels unseen since the pre-Civil War period. The Court’s opinions are structured in a manner that relies significantly on historical methodologies. The multiple rationales used to structure the Justices’ arguments clash, and the Justices spar with …

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The Constitutional Convention Of 1937: The Original Meaning Of The New Jurisprudential Deal, Kurt T. Lash Jan 2001

The Constitutional Convention Of 1937: The Original Meaning Of The New Jurisprudential Deal, Kurt T. Lash

Law Faculty Publications

The paper traces the dramatic jurisprudential innovations of the New Deal Revolution, including the articulation of incorporation theory, the abandonment of judicial construction of state common law, and the ascension of textual originalism as the Court's method of constitutional interpretation. I argue that the New Deal Court transcended the political goals of the Roosevelt administration and attempted to restructure the nature of legitimate judicial review in a post-Lochner world. Acting, in effect, as a constitutional convention, the Court not only changed the nature of judicial review, it altered the shape of the Constitution in ways that cut across modern political …

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Foreword: Juries Rule, John B. Attanasio Jan 2001

Foreword: Juries Rule, John B. Attanasio

SMU Law Review

No abstract provided.

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The New Face Of Creationism: The Establishment Clause And The Latest Efforts To Suppress Evolution In Public Schools, Deborah R. Farringer Jan 2001

The New Face Of Creationism: The Establishment Clause And The Latest Efforts To Suppress Evolution In Public Schools, Deborah R. Farringer

Law Faculty Scholarship

If America wants to stay at the forefront of scientific study and remain competitive with other nations, its students must be taught scientific principles that are generally applied in the global scientific community. Thus, the implications involved in the latest battles over God and science extend beyond whether to teach controversial subjects, and could have a significant effect on the future of American schools. These problems warrant the development of a new test, or new legal analysis, that will enable the Court to deal with this latest chapter in the heated evolution and creationism debate. This Note examines the evidentiary …

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Just Do It To Stay Interested And Fresh, In Paul M. George, Care And Maintenance Of The Successful Career: How Experienced Law Librarians Make Their Work Rewarding, Timothy L. Coggins Jan 2001

Just Do It To Stay Interested And Fresh, In Paul M. George, Care And Maintenance Of The Successful Career: How Experienced Law Librarians Make Their Work Rewarding, Timothy L. Coggins

Law Faculty Publications

An article about how a "more seasoned" law librarian remains fresh in his or her career.

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Wills, Trusts And Estates (Annual Survey Of Virginia Law, 2000-2001), J. Rodney Johnson Jan 2001

Wills, Trusts And Estates (Annual Survey Of Virginia Law, 2000-2001), J. Rodney Johnson

Law Faculty Publications

The General Assembly enacted legislation dealing with wills, trusts, and estates that added or amended a number of sections of the Virginia Code in its 2001 Session. In addition, one Supreme Court of Virginia opinion and three Virginia Circuit Court opinions raised issues of interest to the general practitioner as well as the specialist in wills, trusts, and estates during the period covered by this review. This article reports on all of these legislative and judicial developments.

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Miranda In Comparative Law, Stephen C. Thaman Jan 2001

Miranda In Comparative Law, Stephen C. Thaman

All Faculty Scholarship

Not only have the Miranda warnings become a recognized procedure in police interrogations in the United States, but they have been adopted or strengthened over the years in formerly inquisitorial countries like Germany, Italy, Spain and most recently France, and are now recognized as having constitutional status. This article discusses the protections afforded to criminal suspects and defendants overseas when faced with interrogation by police, prosecutors, investigating magistrates or judges of the investigation. It compares the admonitions given to such suspects with those provided in the Miranda decision and discusses their constitutional, or statutory status. It further discusses when such …

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Property Concepts In The Revised U.C.C. Articles 2 And 9 Are Alive And Well, Linda J. Rusch Jan 2001

Property Concepts In The Revised U.C.C. Articles 2 And 9 Are Alive And Well, Linda J. Rusch

SMU Law Review

No abstract provided.

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