Law Commons^™

Computer Network Attacks And Self-Defense, Yoram Dinstein

International Law Studies

No abstract provided.

International Law, Cybernetics, And Cyberspace, Anthony D'Amato

International Law Studies

No abstract provided.

A Different Kettle Of Fish: Computer Network Attack, Roger W. Barnett

International Law Studies

No abstract provided.

Technology And Law: The Evolution Of Digital Warfare, David Tubbs, Perry G. Luzwick, Walter Gary Sharp Sr.

International Law Studies

No abstract provided.

Introduction (Volume 76)

International Law Studies

No abstract provided.

Table Of Contents (Volume 76)

International Law Studies

No abstract provided.

Whose Duty Is It Anyway?: The Kennedy Krieger Opinion And Its Implications For Public Health Research, Diane E. Hoffmann, Karen H. Rothenberg

Faculty Scholarship

In this article, the authors discuss the Maryland Court of Appeals decision in the case of Grimes v. Kennedy Krieger Institute, Inc. and its implications for the tort duty owed by researchers, in particular public health researchers, to their subjects. The Opinion resulted from two lawsuits alleging lead poisoning of children enrolled in a study conducted by the Kennedy Krieger Institute, a world renown pediatric research and treatment facility. The opinion shocked the research establishment with its scathing characterization of researchers and its apparent holding that in Maryland a parent cannot consent to the participation of a child in "nontherapeutic …

U.S. Civil Litigation And International Terrorism, Jack L. Goldsmith, Ryan Goodman

Public Law and Legal Theory Working Papers

No abstract provided.

Argument And Logic , Julian L. Bush

Missouri Law Review

There instance where the judge (on proper objection) is called upon to rule that certain arguments are out of bounds. Sometimes there a constitutional reasons for forbidding certain argument, and sometimes there are not. There does not seem to be a general theory applied to the latter cases that explains why those bad arguments are forbidden while other bad arguments are not, and, therefore, judges and lawyers need to know the cases. But it is possible to classify many of the bad arguments within the categories of fallacious arguments condemned by logicians, and it is useful to clear thinking to …

Challenge Of Institutionalizing Alternative Dispute Resolution: Attorney Perspectives On The Effect Of Rule 17 On Civil Litigation In Missouri, The, Bobbi Mcadoo, Art Hinshaw

Missouri Law Review

In 1997 the Missouri Supreme Court revised its civil (non-family) ADR rule, Rule 17, to give individual judges the power to order cases to ADR. One of the primary reasons for the revision was to increase the use of what was seen as a worthwhile but underutilized rule. In an effort to evaluate the revised rule and its effects, the Missouri Supreme Court commissioned the Authors to conduct an extensive attorney survey to assess when and why lawyers choose to use ADR, especially mediation; what ADR has on the litigation process; and how and when judges get involved in choosing …

Perils Of Temptation: Has The Eighth Circuit Given Employers An Incentive To Exploit Employees, The, Hadi S. Al-Shathir

Missouri Law Review

The use of arbitration agreements by employers as an alternative to litigation has inflamed the passions of many in the legal community for the past decade. While some champion the use of arbitration as a relatively inexpensive and efficient alternative to litigation, others view the use of arbitration agreements as a tool of corporate exploitation. This Note examines a recent a growing debate within the world of arbitration that is controversial and has important policy implications. Specifically, the debate centers around what a court should do with an illegal clause within a binding arbitration agreement: sever it from the agreement …

Three Strikes & You're Out: The Supreme Court's Reaffirmation Of The Scope Of Judicial Review Of Arbitrators' Decisions, Bryan M. Kaemmerer

Missouri Law Review

In Major League Baseball Players Association v. Garvey, the United States Supreme Court affirmed an arbitrator’s decision to deny a former major league baseball player recovery from a settlement fund established to compensate players who were damaged by collusion amongst team owners in the market for free agent baseball players. In so doing, the Supreme Court reversed the United States Court of Appeals for the Ninth Circuit and reaffirmed the principle the Court announced in United Steelworkers v. Enterprise Wheel & Car Corp., that judicial review of an arbitrator’s decision in the labor context is extremely limited. The Supreme Court’s …

Are All Contracts Of Employment Exempt From The Provisions Of The Federal Arbitration Act - The Supreme Court Settles The Matter, B. Matthew Struble

Missouri Law Review

Congress enacted the Federal Arbitration Act (“FAA”) in 1925 to reverse the longstanding hostility of courts toward agreements to arbitrate and to make such agreements specifically enforceable. Section 1 of the FAA exempts the employment contracts of “seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce” from the Act’s coverage. The breadth of that exemption has been an issue with the courts of appeals for the past six decades, with the overwhelming majority of courts holding that Section 1 exempts only the contracts of employment of transportation workers form the FAA. In Craft v. …

And The Winner Is ... Trial Lawyers: When Does An Accommodation Under Title Ii Of The Ada Represent A Fundamental Alteration Of Competitive Sports, James B. York

Missouri Law Review

Prior to the United State Supreme Court’s decision in PGA Tour, Inc. v. Martin, fans could rest comfortably knowing that their games would stay true to the traditions they hold dear. After the decision, however, it appears that no rule, no matter how well established, is safe from a judicial determination that the rule is not fundamental and, thus, may be altered to accommodate individuals with disabilities. In PGA Tour, the Supreme Court forever changed when a proposed modification in competitive sports will be denied based on the fundamental alteration defense under Title III of the Americans with Disabilities Act. …

The Federal-State Struggle Over Medicaid Matching Funds: An Update, Karen Matherlee

National Health Policy Forum

This background paper updates NHPF Issue Brief No. 760, "The Federal-State Medicaid Match: An Ongoing Tug-of-War over Practice and Policy," December 15, 2000. The paper presents actions taken since then by the Centers for Medicare and Medicaid Services, Department of Health and Human Services, to address what the Bush administration calls abusive funding practices used by states to draw federal Medicaid matching funds. Tracing the Clinton and Bush administrations' policies, the document reviews final regulations, published in January 2001 and January 2002, on these practices. The paper also reports on a lawsuit filed in federal court to block …

Converting Intellectual Assets Into Property, Thomas G. Field Jr

Law Faculty Scholarship

The mouse and graphic interface were first commercialized on Macintosh computers. Yet, Steve Jobs is said to have derived both from the Alto computer developed by Xerox's Palo Alto Research Center. While Jobs became a billionaire, "Xerox completely failed to get into the personal computer business, missing one of the biggest business opportunities in history."

Preferring to be more akin to Apple than to Xerox, firms are increasingly mindful that their most valuable assets are apt to be ideas and information instead of land, buildings and inventory. Not capable of being fenced in or locked up, intangible assets can be …

Trends. Psychiatric Follies Continue: The Moussaoui Case, Ibpp Editor

International Bulletin of Political Psychology

This article describes several issues related to the evaluation of competency to stand trial for defendants accused of terrorism, in this case Zacarias Moussaoui.

Gwen Young V. Aaron Zimmerman & Parsons Furniture Barn, Frank Pommersheim

Tribal Court Opinions Authored by Emeritus Professor of Law Frank Pommersheim

No abstract provided.

M.W., A Minor V. Mississippi Band Of Choctaw Of Choctaw Indians Juvenile Probation Officer, Frank Pommersheim

Tribal Court Opinions Authored by Emeritus Professor of Law Frank Pommersheim

No abstract provided.

S.D., A Minor V. Mississippi Band Of Choctaw Indians, Juvenile Probation Officer, Frank Pommersheim

Tribal Court Opinions Authored by Emeritus Professor of Law Frank Pommersheim

No abstract provided.

Rwu School Of Law Commencement (May 18, 2002), Roger Williams University School Of Law

School of Law Commencement (1996- )

No abstract provided.

157th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

157th University of Notre Dame Commencement and Mass Program including Law School awards

How Vulnerable Is The Nation's Food Supply? Linking Food Safety And Food Security, Robin J. Strongin

National Health Policy Forum

This paper reviews the food safety regulatory apparatus in place today, especially the activities of the two lead agencies in assuring food safety — the Food and Drug Administration within the Department of Health and Human Services and the Food Safety and Inspection Service within the Department of Agriculture. It examines the system's strengths and vulnerabilities, particularly in light of the post–September 11 environment that includes the heightened threat of terrorism. The paper also touches upon legislative and budgetary proposals aimed at improving food security, including the growing but debated interest in a single food safety agency.

Notes On Dissemination: The Prop/Tort Distinction - 2002, Wendy J. Gordon

Scholarship Chronologically

Most of the proviso-based reasons for restricting property rights come into play after dissemination.[1] Is there any other way in which dissemination matters? Yes; the point of dissemination demarks a crucial shift in the Kind of legal protection that must be given- and thus the Kind of institutional decisions that must be made- if the creator is to be protected.

Tribe V. Tail Feathers, 21-Ap-17 (Blkft. Tr. Ct. App., May 13, 2002), Blackfeet Appellate Court

Court Decisions

• In the Blackfeet Tribal Court of Appeals, the Court declined to vacate a conviction of a defendant where the defendant failed to appear and the Court proceeded in absentia. The Defendant appealed based on Speedy trial considerations because 194 days had elapsed between arrest and trial. The Court clarified that the Speedy Trial timeline of 180 days, in MadPlume, is not a hard and fast deadline. Any dismissal on speedy trial grounds lies in the sound discretion of the trial court and can be based on various factors, including: 1) whether the defendant pursued a speedy trial; 2) the length …

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Appeal No. 0695: Energex Oil & Gas Corporation V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2000-68

Appeal No. 0694: Energex Oil & Gas Corporation V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2000-67

15th Annual Scholarship Banquet - Partners In Progress "Together We Can Make A Difference", Las Vegas Chapter Of The National Bar Association

Subsequent Scholarship Banquets

15th Annual Scholarship Banquet Program

15th Annual Scholarship Banquet - Partners In Progress "Together We Can Make A Difference", Las Vegas Chapter Of The National Bar Association

Subsequent Scholarship Banquets

15th Annual Scholarship Banquet Program

The Pen May Be Mightier Than The Sword...But What About A Laser Weapons System, Rebecca Schauer

Honors Capstones

Capstone submitted as a graduation requirement for the BSU Honors Program.