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2002

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Articles 1441 - 1470 of 8368

Full-Text Articles in Law

The Ideal Victim, The Hysterical Complainant, And The Disclosure Of Confidential Records: The Implications Of The Charter For Sexual Assault Law, Lise Gotell Jul 2002

The Ideal Victim, The Hysterical Complainant, And The Disclosure Of Confidential Records: The Implications Of The Charter For Sexual Assault Law, Lise Gotell

Osgoode Hall Law Journal

This article explores the current state of Canadian law on the production and disclosure of complainants' records to reflect upon the implications of the Canadian Charter of Rights and Freedoms for Canadian sexual assault law and jurisprudence. Some scholars assert that the Supreme Court's decision in R. v. Mills, upholding section 278 of the Criminal Code governing access to complainants' records, constitutes an erosion of accuseds' rights and an unjustified compromise of constitutional standards. By contrast, this article demonstrates that R. v. Mills is a highly contradictory decision that can be read as creating an interpretation of section 278 that …

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The Charter, Equality Rights, And Women: Equivocation And Celebration, Diana Majury Jul 2002

The Charter, Equality Rights, And Women: Equivocation And Celebration, Diana Majury

Osgoode Hall Law Journal

In this article, the author examines some of the critiques made and some of the aspirations raised in the early days of the Charter by left/feminist/marginalized groups about the Charter, the equality guarantee, and the judicial decision makers. The author explores how these fears and hopes have played out with respect to Charter equality rights for women by looking at some of the sex equality decisions that have been made by the Supreme Court of Canada. The cases are discussed under the headings of reproduction, violence against women, family, employment, and socio-economic claims to explore how the sex equality analysis …

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Justified Limits On Free Expression: The Collapse Of The General Approach To Limits On Charter Rights, Richard Moon Jul 2002

Justified Limits On Free Expression: The Collapse Of The General Approach To Limits On Charter Rights, Richard Moon

Osgoode Hall Law Journal

The author argues that the apparent collapse or erosion of the Oakes test reflects the problem of fitting a right such as freedom of expression, which is social and relational in character, into a structure of constitutional adjudication, which is built on an individualist conception of rights. In the leading Canadian freedom of expression cases, the task for the courts under section I is not simply to strike the proper balance between competing interests, but rather to resolve the single but complex question of whether the expression contributes to, or undermines, human agency or autonomous judgment. In these cases, the …

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Exchanging Constitutions: Constitutional Bricolage In Canada, David Schneiderman Jul 2002

Exchanging Constitutions: Constitutional Bricolage In Canada, David Schneiderman

Osgoode Hall Law Journal

Judicial recourse to constitutional law sources from abroad has been likened to the process of bricolage--coined by anthropologist Claude Lévi- Strauss, this refers to the "borrowing from materials readily at hand." Building on the idea of constitutional borrowing, this paper aims to take account of the role dominant political culture plays in constitutional interpretation, in particular, the values associated with economic globalization. If resort to comparative constitutional sources is on the rise, dominant political culture will likely have the effect of limiting the stock of tools available to judges. The author argues that, in an age of economic globalization, the …

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A Mature Exercise Of Sovereignty, L. Yves Fortier Jul 2002

A Mature Exercise Of Sovereignty, L. Yves Fortier

Osgoode Hall Law Journal

No abstract provided.

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Apparent Authority And Healthcare In Illinois, Marc D. Ginsberg Jul 2002

Apparent Authority And Healthcare In Illinois, Marc D. Ginsberg

Northern Illinois University Law Review

This piece examines and dissects two Illinois Supreme Court cases which utilized apparent authority to hold hospitals and HMOs vicariously liable for non-agent or non-servant agent physician negligence. The author argues that the supreme court's effort to ground these decisions in classical agency law is misplaced. The article provides a general overview of the concept of respondeat superior and apparent authority, as well as a brief introduction to the structure of hospitals and HMOs. The author asserts that apparent authority should not be applied in the healthcare setting. Specific problems are roadblocks in the path of the Illinois Supreme Court's …

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No Harm, No Foul: The Oshrc's Authority To Label An Osh Act Violation De Minimis And To Require No Abatement, Samuel D. Elswick, Richard A. Bales Jul 2002

No Harm, No Foul: The Oshrc's Authority To Label An Osh Act Violation De Minimis And To Require No Abatement, Samuel D. Elswick, Richard A. Bales

Northern Illinois University Law Review

The federal circuits are split on the issue of whether the Occupational Safety and Health Review Commission (OSHRC) has the authority to label a safety and health violation de minimis and require no abatement even if the Secretary of Labor has issued a citation. This article initially examines the legislative background of the Occupational Safety and Health Act, its procedural aspects, the separate roles allocated the Secretary of Labor and the OSHRC under the Act, the three levels of violations, and the OSCHRC's authority to determine the level of severity of a violation. Next, the current split in the Federal …

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Price Theory And Anti-Takeover Laws: Shareholder Protection In Illinois, Vince Goddard Jul 2002

Price Theory And Anti-Takeover Laws: Shareholder Protection In Illinois, Vince Goddard

Northern Illinois University Law Review

The article addresses the need to review the laws that govern corporate mergers and acquisitions and shareholder protections in light of the precarious nature [of] today's economy. It discusses the laws by using the tools of economic analysis, to show that states like Illinois can craft and hone their laws so as to create the ideal environment for corporations to facilitate efficiency, and to ensure the maximum amount of shareholder protection.

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The Fourth Amendment And The New Face Of Terrorism: How September 11th Could Change The Way America Flies, Brett A. Skean Jul 2002

The Fourth Amendment And The New Face Of Terrorism: How September 11th Could Change The Way America Flies, Brett A. Skean

Northern Illinois University Law Review

This comment examines the possible repercussions of the September 11, 2001, attacks on airport security measures and how future judicial review might take into consideration the now compelling governmental interest in safe airways. The historical and modern exceptions to the Fourth Amendment's warrant requirement are examined with an analysis of the possible justifications and constitutionality of physical searches of potential airline travelers. In conclusion, the piece determines the obvious question of whether in today's terrorist climate, there is a reasonable expectation of privacy when a person enters an airport, and if not, whether there is any resulting Fourth Amendment protection.

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Agricultural Zoning: Impacts And Future Directions, Mark W. Cordes Jul 2002

Agricultural Zoning: Impacts And Future Directions, Mark W. Cordes

Northern Illinois University Law Review

Farmland preservation has become a growing societal concern over the past two decades and is now a common component of any serious discussion of environmental land-use controls. All levels of government have perceived farmland preservation as an important societal goal and have responded with a variety of programs to slow and control the rate of conversion. This article will examine agricultural zoning as a farmland preservation tool. Part one will briefly examine types of agricultural zoning restrictions. Part two, which is the main focus of the article, will examine the impacts of agricultural zoning from four perspectives: (1) Its Legal …

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Vol. 22, No. 3, Summer 2002: Table Of Contents, Northern Illinois University Law Review Jul 2002

Vol. 22, No. 3, Summer 2002: Table Of Contents, Northern Illinois University Law Review

Northern Illinois University Law Review

No abstract provided.

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What Constitutes An Invalid "Blanket Consent" Within The Purview Of Illinois' Mental Health And Developmental Disabilities Confidentiality Act?, Jana L. Fischer Jul 2002

What Constitutes An Invalid "Blanket Consent" Within The Purview Of Illinois' Mental Health And Developmental Disabilities Confidentiality Act?, Jana L. Fischer

Northern Illinois University Law Review

Illinois' Mental Health and Developmental Disabilities Confidentiality Act, 740 Ill. Comp. Stat. 110/1 (2000), prohibits "blanket consent" to the disclosure of mental health and developmental disabilities treatment records. This Comment argues that Illinois' Confidentiality Act inadequately defines "blanket consent" so as to ensure that an authorization for the disclosure of mental health records is obtained on an informed and consensual basis. This is especially so where a recipient's authorization results in the unintended release of information not thought to be contained in the records. The purpose of this Comment is to suggest that the Illinois legislature should look to the …

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Of Counsel, Volume 6 | Summer 2002, North Carolina Central University School Of Law Jul 2002

Of Counsel, Volume 6 | Summer 2002, North Carolina Central University School Of Law

Of Counsel

No abstract provided.

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Front Matter Jul 2002

Front Matter

City University of New York Law Review

No abstract provided.

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Teaching Legal Reasoning Skills In Substantive Courses: A Practical View, David Nadvorney Jul 2002

Teaching Legal Reasoning Skills In Substantive Courses: A Practical View, David Nadvorney

City University of New York Law Review

No abstract provided.

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Dear Landlord: Please Don't Put A Price On My Soul: Teaching Property Law Students That "Property Rights Serve Human Values", Keith Sealing Jul 2002

Dear Landlord: Please Don't Put A Price On My Soul: Teaching Property Law Students That "Property Rights Serve Human Values", Keith Sealing

City University of New York Law Review

No abstract provided.

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Indefinitely Renewable Copyright, Richard A. Posner, William M. Landes Jul 2002

Indefinitely Renewable Copyright, Richard A. Posner, William M. Landes

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

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Interpretation And Institutions, Cass R. Sunstein, Adrian Vermeule Jul 2002

Interpretation And Institutions, Cass R. Sunstein, Adrian Vermeule

Coase-Sandor Institute for Law & Economics Research Paper Series

To evaluate theories of interpretation, it is necessary to focus on institutional considerations—to ask how actual judges would use any proposed approach, and to investigate the possibility that an otherwise appealing approach will have unfortunate dynamic effects on private and public institutions. Notwithstanding this point, blindness to institutional considerations is pervasive. It can be found in the work of early commentators on interpretation, including that of Jeremy Bentham; in the influential work of H.L.A. Hart, Ronald Dworkin, and Henry Hart and Albert Sacks; and in much contemporary writing. This blindness to institutional considerations creates serious problems for the underlying theories. …

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Terrorism And Insurance Markets: A Role For The Government As Insurer?, Alan O. Sykes, Anne Gron Jul 2002

Terrorism And Insurance Markets: A Role For The Government As Insurer?, Alan O. Sykes, Anne Gron

Coase-Sandor Institute for Law & Economics Research Paper Series

Since September 11, 2001, insurance markets have been struggling to adjust to new information about the magnitude of risks posed by terrorism, and to the loss of tens of billions of dollars in reserves because of claims relating to the September 11 attacks. Insurance coverage for terror-related losses has become more expensive and for some risks difficult or impossible to obtain. As a result, various interest groups have called for the Federal government to provide coverage for terrorism losses, and proposals for increased government involvement are moving forward in Washington. We question the wisdom of any further measures of this …

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Cookie Cutter Syndrome: Legal Reform Assistance Under Post-Communist Democratization Programs, The, Cynthia Alkon Jul 2002

Cookie Cutter Syndrome: Legal Reform Assistance Under Post-Communist Democratization Programs, The, Cynthia Alkon

Journal of Dispute Resolution

This article begins with a brief background of ADR, democratization programs, and legal reform programs. Section Three describes the Cookie Cutter Syndrome and examines the assumptions that shape legal reform efforts and that impact if and how ADR is used. Section Four examines how legal and judicial reform programs could look more broadly at using various forms of ADR to more effectively change the legal cultures in post-communist societies. The article concludes that legal reform assistance needs to further individualize programs for the conditions in specific countries, and that assistance programs should more fully integrate ADR. I do not recommend …

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Cyberspace And Domain Name Disputes: A Look At The Forums And Remedies Available To Trademark Holders In Cyberspace, J. Kyle Mccurry Jul 2002

Cyberspace And Domain Name Disputes: A Look At The Forums And Remedies Available To Trademark Holders In Cyberspace, J. Kyle Mccurry

Journal of Dispute Resolution

The purpose of this Comment is to define the scope and advantages of using both the UDRP and the ACPA. In the same regard, this Comment looks at the limitations of the UDRP and the ACPA and the problems which have arisen in the arbitrations and cases that have come under both.

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To Sever Or To Destroy: The Eighth Circuit Allows Invalid Provisions To Be Served From Otherwise Enforceable Arbitration Agreements, Michael K. Daming Jul 2002

To Sever Or To Destroy: The Eighth Circuit Allows Invalid Provisions To Be Served From Otherwise Enforceable Arbitration Agreements, Michael K. Daming

Journal of Dispute Resolution

The Federal Arbitration Act ("FAA") allows for arbitration to be a medium by which parties may settle disputes more expeditiously than litigation. The FAA declares specifically that written agreements to resolve disputes through arbitration are "valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.,' 2

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Does An Employee's Binding Arbitration Agreement Limit The Enforcement Of Powers Of The Eeoc: The Supreme Court Rules That It Does Not - Equal Employment Opportunity Comm. V. Waffle House, Adam W. Graves Jul 2002

Does An Employee's Binding Arbitration Agreement Limit The Enforcement Of Powers Of The Eeoc: The Supreme Court Rules That It Does Not - Equal Employment Opportunity Comm. V. Waffle House, Adam W. Graves

Journal of Dispute Resolution

The friction between the FAA and Title VII arises when an injured employee has signed an arbitration agreement with an employer and subsequently experiences discrimination in some fashion in the workplace. The FAA would require that the employee take the action to arbitration, whereas if the EEOC found probable cause, it could file in its own name and avoid the arbitration agreement. So, should the EEOC be allowed to recover on the behalf of an employee who has signed an arbitration agreement? A circuit split on this issue prompted the Supreme Court to grant certiorari in EEOC v. Waffle House."

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Retaining Bargained-For Finality And Judicial Review In Labor Arbitration Decisions: Dual Interests Preserved In Major League Baseball Players Association V. Garvey - Major League Baseball Players Assn. V. Garvey, Emily J. Huitsing Jul 2002

Retaining Bargained-For Finality And Judicial Review In Labor Arbitration Decisions: Dual Interests Preserved In Major League Baseball Players Association V. Garvey - Major League Baseball Players Assn. V. Garvey, Emily J. Huitsing

Journal of Dispute Resolution

Arbitration has for years been the principal means of labor dispute resolution. As a part of labor contracts, workers agree to arbitrate disputes with their employers, bargaining for this forum as their choice method of dispute resolution. Occasionally, however, the decision of an arbitrator strays far from what a court believes the outcome of the dispute between employer and employee should be. In these cases, a conflict arises between the finality and stability of the bargained-for arbitrator's decision and the need for judicial upset of clearly errant arbitral decisions

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Uniform Arbitration Act Update - Foreword, The, Timoth J. Heinsz Jul 2002

Uniform Arbitration Act Update - Foreword, The, Timoth J. Heinsz

Journal of Dispute Resolution

The standard for review of arbitrator awards remains a hotly litigated topic. Pelc v. Petoskey, Hough v. State Farm Insurance, and Hart v. McChristian are examples of the limited review even when arbitral awards are challenged for errors of law or of fact. The student project covers these and many other cases decided under the UAA. All attorneys handling cases under the UAA, scholars writing on issues relating to the Act, and judges determining cases involving the statute should consider this comprehensive and high quality case analysis.

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Remembering Gary, David G. Owen Jul 2002

Remembering Gary, David G. Owen

South Carolina Law Review

No abstract provided.

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Honoring A Friend And His Extraordinary Contributions To Understanding And Improving Tort Law, Robert E. Keeton Jul 2002

Honoring A Friend And His Extraordinary Contributions To Understanding And Improving Tort Law, Robert E. Keeton

South Carolina Law Review

No abstract provided.

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Table Of Contents Jul 2002

Table Of Contents

South Carolina Law Review

No abstract provided.

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Bibliography Of The Products Liability And Tort Law Scholarship Of Gary T. Schwartz Jul 2002

Bibliography Of The Products Liability And Tort Law Scholarship Of Gary T. Schwartz

South Carolina Law Review

No abstract provided.

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Asbestos Litigation Gone Mad: Exposure-Based Recovery For Increased Risk, Mental Distress, And Medical Monitoring, James A. Henderson Jr., Aaron D. Twerski Jul 2002

Asbestos Litigation Gone Mad: Exposure-Based Recovery For Increased Risk, Mental Distress, And Medical Monitoring, James A. Henderson Jr., Aaron D. Twerski

South Carolina Law Review

No abstract provided.

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