Law Commons^™

"Whoever Fights Monsters Should See To It That In The Process He Does Not Become A Monster": The Necessity Of Maintaining And Narrowing The Welcomeness Requirement In Sexual Harassment Suits, Leigh A. Salmon

Indiana Law Journal

No abstract provided.

Regulation Of Playing Equipment By Sports Associations: The Antitrust Implications, Shlomi Feiner

University of Miami Business Law Review

No abstract provided.

Identity Matters, Sharon E. Rush

UF Law Faculty Publications

From the Sixth Annual LatCrit Conference in Gainesville, Florida on April 26-29, 2001.

Cluster VII: Race, Gender, and Sexuality

A History Of Race And Gender At The University Of Florida Levin College Of Law 1909-2001, Betty W. Taylor

UF Law Faculty Publications

The evolution from an all-white male law school to the current diverse student body and faculty has been slow, deliberate, and often-times painful. This is true even for those who were successful in gaining admission or employment, and even more excruciating to those who were unsuccessful in achieving their goals. Barriers to those individuals who were not white males reflected the Southern society mores of the early years of our history that were super-imposed upon the law school. No one at the law school today would take pride in the fact that it took fourteen years of cajoling and pressuring …

The Anticanonical Lesson Of Huckleberry Finn, Sharon E. Rush

UF Law Faculty Publications

Some books included in the canon of American literature no longer belong there, because they presently lack normative approval. Adapting concepts found in constitutional law, an anticanon of American literature functions the way the anticanon of constitutional law would operate and explicitly removes books from the canon. In law, the anticanon identifies outdated interpretations of the constitution. In education, it is time to consider removing from the canon and placing in an anticanon books that are inconsistent with multicultural education. One such book is Mark Twain's Huckleberry Finn, which is part of the canon of American literature and viewed as …

May Harvey Rest In Peace: Lakin V. Postal Life And Casualty Company, Robert H. Jerry Ii

UF Law Faculty Publications

There is a case that has piqued my interest in recent years. Lakin v. Postal Life & Casualty Co., is a relatively simple story of two men whose paths crossed in Kansas City, Missouri, more than forty years ago. One was a down-in-the-luck drifter, and the other a con-artist who made his living by taking advantage of others. These two men would be long forgotten but for the fact that their final interactions during a hunting trip near Pleasant Hill, Missouri, raised some insurance law issues that ultimately made their way to the Missouri Supreme Court. Lakin stands for the …

The Congressional Oath Of Office: Responses To Congressman Vic Snyder, Dale Bumpers, Bob Filner, J. Dennis Hastert, Blanche Lambert Lincoln, David E. Price

University of Arkansas at Little Rock Law Review

No abstract provided.

Law And Order On The Wild, Wild West (Www), Jeffrey J. Look

University of Arkansas at Little Rock Law Review

No abstract provided.

A Case Of Deduction, Or, Upon The First Meeting Of Sherlock Holmes And Oliver Wendell Holmes, Jr., John H. Watson M.D.

University of Arkansas at Little Rock Law Review

No abstract provided.

Ability To Pay, Stephen Utz

Faculty Articles and Papers

There is broad agreement that a fair tax should be imposed in accordance with taxpayers' ability to pay. A utility-based interpretation of this standard, used in most tax policy discussions today, does not adequately reflect the its historical development and cannot escape long standing and devastating criticisms from within welfare economics and on other general grounds. This article traces the history of ability to pay, with special reference to the standard's emergence along with the British and German income tax laws, and in the theoretical literature that followed the adoption of income tax laws there and elsewhere. The article concludes …

Failure To Accommodate, Discriminatory Intent, And The Mcdonnell Douglas Framework: Distinguishing The Analyses Of Claims Arising From Subparts (A) And (B) Of § 12112(B)(5) Of The Ada, Aaron Matthew Laing

Washington Law Review

The Americans with Disabilities Act (ADA) creates and protects employment opportunities for disabled persons by prohibiting adverse employment actions in the form of disparate treatment and disparate impact. Additionally, subparts (A) and (B) of § 12112(b)(5) of the ADA place distinct duties on employers to accommodate disabled persons, protecting, respectively, existing and future employment opportunities. Because the ADA protects both existing and future opportunities, the duty to accommodate may be breached in two distinct manners. When a plaintiff alleges failure to accommodate, a court must determine which section of the ADA applies and select an appropriate analytical framework for the …

Dr Ethics Book Brings It All Together, Jonathan R. Cohen

UF Law Faculty Publications

Dispute resolution practice has changed dramatically over the past several decades. The traditional litigation model has increasingly given way to a “multi-door” vision of varied dispute resolution practices. With that functional change in how we process disputes has come a pressing need to address the varied ethical challenges of these varied practices. Dispute Resolution Ethics is a marvelous contribution toward that effort.

Class Schedule - Summer 2002, Office Of Registrar

Semester Schedules and Information

No abstract provided.

29th Annual Midwest/Midsouth Estate Planning Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 29th Annual Midwest/Midsouth Estate Planning Institute held by UK/CLE in July 2002.

Least Restrictive Environments: Assessing Classroom Placement Of Students With Disabilities Under The Idea, Sarah E. Farley

Washington Law Review

The Individuals with Disabilities Education Act (IDEA) requires school districts to educate all students receiving special education in the "least restrictive environment" appropriate for each student's needs. This provision reflects Congress' preference that children with disabilities be educated alongside their non-disabled peers to the maximum extent possible. The U.S. Supreme Court has never determined how to test whether a school district has complied with this provision, so the federal circuits have developed several different tests. However, these circuit tests all arose prior to the most recent 1997 Amendments to the IDEA. This Comment explores the development and subsequent application of …

Freedom's Associations, Jason Mazzone

Washington Law Review

This Article offers a new approach to the protection of associations under the Constitution. Although the modem Supreme Court's doctrine of freedom of association is based on expression, in the early Republic associations were understood not in terms of free speech, but in terms of freedom of assembly and popular sovereignty. On this account, associations are constitutionally significant because they allow for self-government. Popular sovereignty also offers a more useful basis for understanding freedom of association today. This Article therefore provides tools for assessing the proper scope of constitutional protections for associations once they are understood in terms of popular …

Racketeering, Rico And The Revenue Rule In Attorney General Of Canada V. R.J. Reynolds: Civil Rico Claims For Foreign Tax Law Violations, Elizabeth J. Farnam

Washington Law Review

When Congress passed the Racketeer Influenced Corrupt Organizations Act (RICO), it created a civil cause of action for any entity, including a foreign government, to recover for injury caused by a defendant's pattern of racketeering activity. However, Congress did not expressly indicate how the revenue rule, a conflict of laws doctrine that allows a court to decline to enforce a foreign government's tax claim or judgment, would relate to civil RICO claims. In Attorney General of Canada v. R.J. Reynolds Tobacco Holdings, Inc., the United States Court of Appeals for the Second Circuit held that the revenue rule barred …

Pennies From Heaven—Why Washington Legal Foundation V. Legal Foundation Of Washington Violates The U.S. Constitution, Kristi L. Darnell

Washington Law Review

In Washington Legal Foundation v. Legal Foundation of Washington, the Ninth Circuit Court of Appeals held that Washington's Interest on Lawyers' Trust Account (IOLTA) program did not perpetuate a "taking without just compensation" in violation of the Fifth Amendment. Even though the court acknowledged that IOLTA-generated interest was client property, the first element necessary to establish a taking, it reasoned that the appropriate subsequent analysis for this problem was the ad hoc test. Applying the ad hoc test to the IOLTA program, the court concluded that the requisite unconstitutional elements were absent. This Note argues that the Ninth Circuit …

Treaties In Collision: The Biosafety Protocol And The World Trade Organization Agreements, Sabrina Safrin

Rutgers Law School (Newark) Faculty Papers

In the event of a conflict between the requirements of the Biosafety Protocol, a multilateral agreement governing the trade in genetically modified organisms, and the requirements of the General Agreement on Tariffs and Trade and associated agreements (collectively WTO Agreements), which treaty's requirements prevail? This question lies as the legal heart of the perceived conflict between trade globalization and environmental protection. This issue is particularly timely given the present trade dispute between the United States and European Union over the European Union’s restrictions on the importation of genetically modified agricultural commodities.

In this piece, I analyze the relationship between these …

Street Legal: The Court Affords Police Constitutional Carte Blanche, Wayne A. Logan

Indiana Law Journal

No abstract provided.

Government Officials As Attorneys And Clients: Why Privilege The Privileged?, Melanie B. Leslie

Indiana Law Journal

No abstract provided.

The Supreme Court Takes On The First Amendment Privacy Conflict And Stumbles: Bartnicki V. Vopper, The Wiretapping Act, And The Notion Of Unlawfully Obtained Information, James M. Hilmert

Indiana Law Journal

No abstract provided.

Case Studies On The Implementation Of The Workforce Investment Act: Spotlight On Kentucky, Allison Cohen Hall, Jaimie Ciulla Timmons, Sheila Fesko

Case Studies Series, Institute for Community Inclusion

The implementation of the Workforce Investment Act (WIA) requires major organizational change for employment and training agencies. The initiative emphasizes coordination, collaboration and communication among organizations for better service delivery. At this time, states are developing systems that will enable them to address the needs of all customers seeking employment. The Institute for Community Inclusaion (ICI) has conducted state case studies for two purposes: (1) to identify how states have begun the process of collaboration under the new mandates of WIA; and (2) to understand the impact on customers with disabilities. This is the first in a series of publications …

Case Studies On The Implementation Of The Workforce Investment Act: Spotlight On Minnesota, Sheila Fesko, Jaimie Ciulla Timmons, Allison Cohen Hall

Case Studies Series, Institute for Community Inclusion

The implementation of the Workforce Investment Act (WIA) requires major organizational change for employment and training agencies. The initiative emphasizes coordination, collaboration and communication among organizations for better service delivery. At this time, states are developing systems that will enable them to address the needs of all customers seeking employment. The Institute for Community Inclusion (ICI) has conducted state case studies for two purposes: (1) to identify how states have begun the process of collaboration under the new mandates of WIA; and (2) to understand the impact on customers with disabilities. This is the second in a series of publications …

The First Amendment And "Virtual" Child Pornography, Michael B. Landau

Faculty Publications By Year

No abstract provided.

The South African Truth Commission, Albie Sachs

Montana Law Review

The South African Truth Commission

The Issues Of E-Mail Privacy And Cyberspace Personal Jurisdiction: What Clients Need To Know About Two Practical Constitutional Questions Regarding The Internet, Mark S. Kende

Montana Law Review

The Issues of E-Mail Privacy and Cyberspace Personal Jurisdiction

State V. Whitlow And Ineffective Counsel: No Record, Foreshadowing The Record, And Making A Record, Douglas C. Harkin

Montana Law Review

State v. Whitlow and Ineffective Counsel

All My Rights, Carl E. Schneider

Articles

Diane Pretty was an Englishwoman in her early 40s who had been married nearly a quarter of a century. In November 1999, she learned she had amyotrophic lateral sclerosis-in Britain, motor neurone disease. Her condition deteriorated rapidly, and soon she was "essentially paralysed from the neck downwards." She had "virtually no decipherable speech" and was fed by a tube. She was expected to live only a few months or even weeks. AB a court later explained, however, "her intellect and capacity to make decisions are unimpaired. The final stages of the disease are exceedingly distressing and undignified. AB she is …

Justice Unconceived: How Posterity Has Rights, Aaron-Andrew P. Bruhl

Faculty Publications

No abstract provided.