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2002

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Institution
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Articles 271 - 300 of 8338

Full-Text Articles in Law

The War On Terrorism And The Constitution, Michael I. Meyerson Nov 2002

The War On Terrorism And The Constitution, Michael I. Meyerson

All Faculty Scholarship

Discussion of civil liberties during wartime often omit the fact that there can be no meaningful liberty at all if our homes and offices are bombed or our loved ones are killed or injured by acts of terror. The Government must be given the tools necessary to accomplish its vital mission. The first priority must be to win the war against terrorism. There are, however, other priorities. The United States, in its just battle for freedom, must ensure that freedom is preserved during that battle as well. Moreover, care must be taken so that an exaggerated cry of “emergency” is …

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"Shaming" Probation Penalties And The Sexual Offender: A Dangerous Combination, Kenya A. Jenkins Nov 2002

"Shaming" Probation Penalties And The Sexual Offender: A Dangerous Combination, Kenya A. Jenkins

Northern Illinois University Law Review

Sexual offenders are one of the larger problems in the criminal justice system today, particularly with regard to recidivism rates, which are extremely high among sexual offenders. Due to these problems, judges are increasingly imposing 'shaming' probation conditions. Shaming penalties include requiring sex offenders to put signs in their yards and bumper stickers on their cars identifying themselves as convicted sex offenders. This comment examines these shaming penalties in the context of the constitutional issues that they raise, and their effectiveness in rehabilitating the convicted offender and protecting the public. The comment concludes that shaming penalties are an inappropriate and …

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Rational Custom, Edward T. Swaine Nov 2002

Rational Custom, Edward T. Swaine

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

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Environmental Law, Lisa Spickler Goodwin Nov 2002

Environmental Law, Lisa Spickler Goodwin

University of Richmond Law Review

No abstract provided.

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Wills, Trusts, And Estates, J. Rodney Johnson Nov 2002

Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

No abstract provided.

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Motions 2002 Volume 38 Number 3, University Of San Diego School Of Law Student Bar Association Nov 2002

Motions 2002 Volume 38 Number 3, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

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Book Review: Law And Religion: Current Legal Issues 2001 - Volume 4, S. I. Strong Nov 2002

Book Review: Law And Religion: Current Legal Issues 2001 - Volume 4, S. I. Strong

Faculty Publications

As volume four of Current Legal Issues demonstrates, commentary on the interplay between law and religion in the UK is growing, although the subject still attracts nowhere near the level of attention it does in other countries. The newest addition to the literature constitutes a welcome advance to lawyers working or interested in the field. For example, many existing collections of essays on law and religion focus primarily on sociological issues. This compilation, on the other hand, contains many essays that stress truly legal dilemmas, although sociological, philosophical and other approaches to the question are still well represented among the …

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Corporate Governance Reform And Reemergence From Bankruptcy: Putting The Structure Back In Restructuring, Charles M. Elson, Paul M. Helms, James R. Moncus Nov 2002

Corporate Governance Reform And Reemergence From Bankruptcy: Putting The Structure Back In Restructuring, Charles M. Elson, Paul M. Helms, James R. Moncus

Vanderbilt Law Review

A company's descent into bankruptcy may result from one or more troubling factors. Often the failing enterprise has adopted a poor business model, been led by deficient management, or labored under an unworkable capital structure. More often than not, a business failure is also accompanied by a less-than-ideal corporate governance structure within the organization. The failure to adopt an effective corporate governance model often leads to a sterile, inactive board of directors and may hasten a firm's demise. Conversely, proper corporate governance may prevent a business's slide into Chapter 11. Indeed, several studies have demonstrated a strong relationship between corporate …

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Employer Notice Requirements Under The Family And Medical Leave Act, Richard Bales, Sarah Nefzger Nov 2002

Employer Notice Requirements Under The Family And Medical Leave Act, Richard Bales, Sarah Nefzger

Missouri Law Review

This Article argues that Department of Labor regulations should continue to require employers to make a pre-leave designation of whether FMLA leave will run concurrently with, or consecutive to, the employer’s leave and give notice to their employees, but that the penalty for an employer’s noncompliance should be modified to comply with the Supreme Court’s decision in Ragsdale v. Wolverine World Wide, Inc. These conflicting positions are evaluated by analyzing the rationales behind the dicisions to impose or not to impose employer notice requirements. This Article argues that the courts should require employers to notify employees whether employer-provided leave runs …

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Institute Brief: Achieving Quality Services: A Checklist For Evaluating Your Agency, Doris Hamner, Jaimie Ciulla Timmons, David Hoff Nov 2002

Institute Brief: Achieving Quality Services: A Checklist For Evaluating Your Agency, Doris Hamner, Jaimie Ciulla Timmons, David Hoff

The Institute Brief Series, Institute for Community Inclusion

This checklist can help staff and directors at One-Stop Career Centers and state and private agencies evaluate the quality and responsiveness of their services to job seekers with disabilities. Areas covered include access to resources, agency culture, coordination, and consumer-directedness.

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The Virtue Of Vagueness In Takings Doctrine, Marc R. Poirier Nov 2002

The Virtue Of Vagueness In Takings Doctrine, Marc R. Poirier

Cardozo Law Review

In discussions of regulatory takings law, there appears to be an almost universal assumption that its vagueness is a bad thing, a mysterious dysfunction. This article argues that the vagueness in takings doctrine is quite functional and entirely appropriate. Since considerable vagueness turns out to be inevitable, this is just as well. Happily, over time, specific resource use conflicts and transitions sometimes do crystallize out into more predictable forms of law - new rules and customs about specific types of property. Within these specific and limited regimes, we can and should aspire to rules defining the circumstances under which the …

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Activists Vote Twice, Joseph Isenbergh Nov 2002

Activists Vote Twice, Joseph Isenbergh

Public Law and Legal Theory Working Papers

No abstract provided.

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Conformity And Dissent, Cass R. Sunstein Nov 2002

Conformity And Dissent, Cass R. Sunstein

Public Law and Legal Theory Working Papers

Much of the time, human beings do what others do. This is perfectly sensible, because the actions and statements of other people convey valuable information about what should be done. In addition, most people want the good opinion of others, and this desire promotes conformity. But conformity can lead both groups and institutions in unfortunate and even catastrophic directions. The most serious problem is that by following others, people fail to disclose what they know and believe, thus depriving society of important information. Those who dissent, and who reject the pressures imposed by others, perform valuable social functions, often at …

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“Exceedingly Vexed And Difficult”: Games And The First Amendment, Michael T. Morley Nov 2002

“Exceedingly Vexed And Difficult”: Games And The First Amendment, Michael T. Morley

Scholarly Publications

No abstract provided.

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Put-Call Parity And The Law, Michael S. Knoll Nov 2002

Put-Call Parity And The Law, Michael S. Knoll

Cardozo Law Review

No abstract provided.

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Proposal To Reform The Like Kind And Involuntary Conversion Rules In Light Of Fundamental Tax Policies: A Simpler, More Rational And More Unified Approach, Fred B. Brown Nov 2002

Proposal To Reform The Like Kind And Involuntary Conversion Rules In Light Of Fundamental Tax Policies: A Simpler, More Rational And More Unified Approach, Fred B. Brown

Missouri Law Review

This Article seeks to improve the like kind and involuntary conversion rules, that is, make the provisions more rational and less complex, by analyzing them in light of the fundamental tax policies of efficiency, equity, and administrability. A review of these rules under efficiency and equity principles arguably will lead to a more rational scheme for providing nonrecognition treatment to voluntary and involuntary dispositions given the recognized importance of these policies in structuring the federal income tax system. Further, a careful consideration of tax administration concerns should serve to simplify the application of these nonrecognition provisions. Part II of this …

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Application Of Minority And Marketability Discounts In Appraisal Actions Under Missouri Revised Statutes Section 351.455, Brian D. Rogers Nov 2002

Application Of Minority And Marketability Discounts In Appraisal Actions Under Missouri Revised Statutes Section 351.455, Brian D. Rogers

Missouri Law Review

Appraisal statutes are available to provide fair compensation to minority shareholders of corporations who are squeezed out against their will. Missouri Revised Statutes Section 351.455. the Missouri statute that provides for appraisal rights in the event of a merger or consolidation, requires corporations to pay dissenting minority shareholders “fair value” for their shares. The Missouri appraisal statute does not define “fair value,” nor does it provide a mathematical formula for determining the value of dissenters’ shares. Rather, Missouri case law has established that courts are to consider all relevant facts and circumstances to determine the value of a dissenter’s shares. …

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Enron And The Corporate Lawyer: A Primer On Legal And Ethical Issues, Roger C. Cramton Nov 2002

Enron And The Corporate Lawyer: A Primer On Legal And Ethical Issues, Roger C. Cramton

Cornell Law Faculty Publications

The stunning collapse of Enron, coupled with the large number of accounting irregularities and apparent corporate fraud, have created a climate in which reform and improvement of the law governing corporate lawyers is underway. The ABA Task Force on Corporate Responsibility has issued a preliminary report that recommends promising changes in the rules of professional conduct. And, the Corporate Reform Act of 2002 has changed the landscape by authorizing the SEC to promulgate rules of professional conduct for securities lawyers and directing the SEC to issue a rule requiring securities lawyers to climb the corporate ladder to prevent or rectify …

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Missouri, The War On Terrorism, And Immigrants: Legal Challenges Post 9/11, Sylvia R. Lazos Vargas Nov 2002

Missouri, The War On Terrorism, And Immigrants: Legal Challenges Post 9/11, Sylvia R. Lazos Vargas

Missouri Law Review

This Article focuses on the legal impacts of immigration at the state level. The pros and cons are primarily considered and debated at the federal level, however, because immigration has been mainly a prerogative of the federal government. States have not had much of an impact on immigration policy. Nevertheless, the repercussions of inconsistent choices have fallen on the states. Missouri and many other states are now home to Latinos and other immigrants because they have found in the Midwest their version on the American dream: a job, upward mobility, and security. Many are providing essential labor to key industries, …

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Courts' Misuse Of The Similarly Situated Concept In Employment Disrimination Law, The, Ernest F. Lidge Iii Nov 2002

Courts' Misuse Of The Similarly Situated Concept In Employment Disrimination Law, The, Ernest F. Lidge Iii

Missouri Law Review

This Article discusses the court’s misuse of the similarly situated concept. Part II is a short summary of the employment discrimination law, concentrating on the system developed by the Supreme Court for indirectly proving an individual disparate treatment case. Under the Supreme Court’s methodology, one way that a plaintiff may prove a prima facie case is to point to a similarly situated employee who the employer treated differently. Some courts, however, require a similarly situated showing as an element of plaintiff’s prima facie case. Part III discusses the problems with such a requirement. Part III.A briefly surveys the caselaw form …

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Have Another Round On Me: Missouri Court Awards Workers' Compensation Benefits To Intoxicated Employees, Kimberly D. Sandner Nov 2002

Have Another Round On Me: Missouri Court Awards Workers' Compensation Benefits To Intoxicated Employees, Kimberly D. Sandner

Missouri Law Review

This Note examines the broadened application of Missouri’s workers’ compensation statute under Smith v. District II A & B, in which the Missouri Court of Appeals awarded workers’ compensation benefits to a worker injured when he drove from a work function while intoxicated. By awarding workers’ compensation benefits to cover illegal conduct such as illegally driving while intoxicated, Missouri courts are violating legislative intent, violating the historical purpose of workers’ compensation, and potentially hurting the society the legislature sought to unburden when it created a compensation scheme for injured workers.

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Picture Worth Ten Thousand Words: Non-Audio Surveillance Videotapes Now Statements Under Section 287.215 Of Missouri's Workers' Compensation Law, The, Jason C. Rahoy Nov 2002

Picture Worth Ten Thousand Words: Non-Audio Surveillance Videotapes Now Statements Under Section 287.215 Of Missouri's Workers' Compensation Law, The, Jason C. Rahoy

Missouri Law Review

When Michael Fisher filed his workers’ compensation claim, he was unaware that his employer, Waste Management of Missouri, had been secretly videotaping his physical activities. Not surprisingly, the submission of the surveillance videotapes at Fisher’s compensation hearing significantly contributed to the reduction of his disability ruling. The admission of these surveillance videotapes is, subsequently, the focus of this Note. Specifically, this Note will examine the meaning of a “statement” under Missouri’s workers’ compensation law and the process through which an employee can obtain such statement prior to a compensation hearing.

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Of Saving To Suitors, Limitation Of Shipowners' Liability, And The Inherent Conflict Between, B. Matthew Struble Nov 2002

Of Saving To Suitors, Limitation Of Shipowners' Liability, And The Inherent Conflict Between, B. Matthew Struble

Missouri Law Review

The federal courts have often been faced with the “recurring and inherent conflict” between the Limitation of Liability Act and the saving to suitors clause. The Limitation of Liability Act allows a shipowner to absolutely limit its liability, for collisions and other losses which take place without the owner’s privity or knowledge, to the value of the ship and its freight then pending. The Act also provides for exclusive federal admiralty jurisdiction to determine whether an owner is entitled to limitation of its liability. The saving to suitors clause, on the other hand, which is included in the statutory grant …

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Freedom Is To Confinement As Twilight Is To Dusk: The Unfortunate Logic Of Sexual Predator Statutes, Julia C. Walker Nov 2002

Freedom Is To Confinement As Twilight Is To Dusk: The Unfortunate Logic Of Sexual Predator Statutes, Julia C. Walker

Missouri Law Review

This Law Summary begins with a brief overview of the clinical treatment of sexual predators. The clinical background section enhances the discussion of legislation and jurisprudence because the adjudication of an individual as a sexually violent predator, in many states, involves testimony form medical experts and findings as to the individual’s ability to control his behavior, and, consequently, the likelihood that he will re-offend if he is released. This Law Summary then describes the legislative and judicial responses to sexual predators as well as the United States Supreme Court’s interpretation of sexually violent predator statutes and its declaration of their …

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Standing To Raise A Conflict Of Interest, Ivy Johnson Nov 2002

Standing To Raise A Conflict Of Interest, Ivy Johnson

Northern Illinois University Law Review

Lawyers often seek disqualification of the opposing counsel based upon their conflicts of interest as a strategic measure to delay litigation and increase costs for the other side. For many years, courts presumed that parties unaffected by the conflict of interest had standing because of the lawyer's professional obligations to report violations of ethics rules. Recently, the United States Supreme Court has cast doubt on the standing of such parties. This article first gives a brief introduction to conflict of interest rules and standing, followed by an in-depth analysis of the state of the law. Ms. Johnson concludes with an …

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Truth In Government: Beyond The Tax Expenditure Budget, Julie Roin Nov 2002

Truth In Government: Beyond The Tax Expenditure Budget, Julie Roin

Public Law and Legal Theory Working Papers

No abstract provided.

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Don't Fence Me In: Louisiana's Fourth Circuit Expands "Voluntariness" Under Louisiana Civil Code Article 693, Scott D. Huffstetler Nov 2002

Don't Fence Me In: Louisiana's Fourth Circuit Expands "Voluntariness" Under Louisiana Civil Code Article 693, Scott D. Huffstetler

Louisiana Law Review

No abstract provided.

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Holmes And Honors Law At Lsu - From The Great Hall To La Maison Française, Paul R. Baier Nov 2002

Holmes And Honors Law At Lsu - From The Great Hall To La Maison Française, Paul R. Baier

Louisiana Law Review

No abstract provided.

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The Louisiana Civil Law Tradition: Archaic Or Prophetic In The Twenty-First Century?, Kathryn Venturatos Lorio Nov 2002

The Louisiana Civil Law Tradition: Archaic Or Prophetic In The Twenty-First Century?, Kathryn Venturatos Lorio

Louisiana Law Review

No abstract provided.

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The Single Business Enterprise Theory Of Louisiana's First Circuit: An Erroneous Application Of Traditional Veilpiercing, Kyle M. Bacon Nov 2002

The Single Business Enterprise Theory Of Louisiana's First Circuit: An Erroneous Application Of Traditional Veilpiercing, Kyle M. Bacon

Louisiana Law Review

No abstract provided.

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