Law Commons^™

Ed Nowogroski Insurance, Inc. V. Rucker: Is The Memory Rule Just A Thing Of The Past, Rhonda Devincent

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Family Law: Side-Stepping The Marriage Laws: The Contradiction Created By The Texas Appeals Court In Littleton V. Prange, Shawn Richard Perreault

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

When Athletes Breach: Tortious Interference With The Contractual Relation Of Season Ticket Holders, Matthew D. Thompson

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Smoking Guns, Stray Remarks, And Not Much In Between: A Critical Analysis Of The Federal Circuits' Inconsistent Application Of The Direct Evidence Requirement In Mixed-Motive Employment Discrimination Cases, Elissa R. Hoffman

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Ethical Issues For Innocence Projects: An Initial Primer, Ellen Y. Suni

Faculty Works

While the advent of DNA has led to more than 100 exonerations in the United States, few of them would have been possible without the existence of innocence projects around the country that have undertaken the often difficult work of exonerating the wrongfully convicted. More than thirty projects are now in operation, with several more in the planning stages.

As these projects have developed, issues have emerged regarding the professional responsibility obligations of attorneys and others engaged in this post-conviction work. These issues were the subject of discussion at national innocence conferences in 2000 and 2002, but that discussion, while …

Introduction To The Symposium On Wrongful Convictions: Issues Of Science, Evidence, And Innocence, Ellen Y. Suni

Faculty Works

t is hard to imagine an injustice greater than the incarceration or, worse yet, execution of an innocent. Especially in our system of justice, which purports to accept as a basic premise that it is better that ten guilty go free than that one innocent person be imprisoned, the incarceration of an innocent is simply intolerable. Yet it happens--and much more often than we would like to believe. Questions abound as to why and what can be done about it. The problem of wrongful convictions has been discussed for some time, but it has often been rejected or downplayed. It …

Rethinking The Legal Oversight Of Benefit Program Exclusions, Mark Berger

Faculty Works

Increasingly, American workers rely upon employers to provide employee benefit programs that include critical health insurance and retirement savings plans. However, employers are finding that providing benefits is a costly undertaking. As a result an increasing number of employers are making use of alternative workforce systems. These involve supplementing a core of full-time workers with contingent employees for whom no commitments are made other than payment for services rendered. Such contingent workers have no expectation of indefinite or continuous employment, and are generally excluded from whatever benefit programs the company may provide.

The increasing use of two-tier employment systems of …

The Internet, Regulation And The Market For Loyalties: An Economic Analysis Of Transborder Information Flow, Paul D. Callister

Faculty Works

As the Internet has gained prevalence, attention has turned to its regulation. Indeed, regulation proves to be a unique and complex problem, given the Internet's lack of traditional borders and boundaries. Highlighting possible avenues of regulation, the author discusses neo-classical economic theory, specifically Monroe E. Price's market for loyalties theory. Although originally applied to the regulation of broadcasting, the author contends that the market for loyalties theory can also be applied to the Internet. Building on Professor Price's pioneering analysis, the article extends the theory to examine market elasticity's effect on the loss of monopoly control over information flow (as …

The Impact Of Expectations On Teaching And Learning, Barbara Glesner Fines

Faculty Works

Law schools are in a crisis of confidence in the abilities and motivations of their students. Conferences on law school teaching feature presentations such as "The Challenges of Connecting with 21st Century Students." Journal articles lament "The Happy Charade" that constitutes the learning and motivation of law students today. Professor Maranville of the Association of American Law Schools ("AALS") Section on Teaching Methods summarized these sentiments: "Many law students are so bored by the second year that their attendance, preparation, and participation decline precipitously; by graduation they have lost much of the passion for justice and the enthusiasm for helping …

How The Board Of Tax Appeals Changed Hollywood History, Allen K. Rostron

Faculty Works

Everyone remembers when Charlton Heston, as Moses, held his staff toward the heavens and the Red Sea parted in Cecil B. deMille's epic motion picture The Ten Commandments. Few know the curious tale of tax law that lies behind it. In the early 1930s, the Bureau of Internal Revenue claimed that Cecil and his brother, William C. deMille, also a successful motion picture director, had used personal service corporations to avoid huge amounts of income tax. The deMilles fought the charges. One brother emerged victorious, his career flourished, and he later gave credit to the wisdom of a tax court …

Table Of Contents, Mc Law

MC Law Review

Table of Contents - Issue 1

Constructive Discharge: What It Is, And What It Isn't, In Mississippi Employment Law, R. Pepper Crutcher Jr., Phelps Dunbar

MC Law Review

No abstract provided.

Table Of Contents-Issue 2, Mc Law

MC Law Review

Table of Contents - Issue 2

Introduction To The Judicial Selection, William F. Winter

MC Law Review

Symposium - The Judicial Selection - Introduction

Judicial Selection - What Is Right For Mississippi, Lenore L. Prather

MC Law Review

Symposium - The Judicial Selection

Judicial Review: Wrong In Principle, A Disaster In Practice, Lino A. Graglia

MC Law Review

Symposium - The Judicial Selection

Records Of Proceedings Of The Mississippi College School Of Law Live Symposium On Judicial Selection, Mc Law

MC Law Review

Symposium - The Judicial Selection

Remembering The Best Interest Of The Child In Child Custody Disputes Between A Natural Parent And A Third Party - Grant V. Martin, Jennifer Garvin

MC Law Review

Symposium - The Judicial Selection

The Ethics 2000 Process: Revisions To The Aba Model Rules Approved By The Aba House Of Delegates, Irma S. Russell

Faculty Works

This article provides examples of the Ethics 2000 Commission's work and examines a few changes likely to affect lawyers practicing in the environmental arena.

The Trial Of Galileo, Douglas O. Linder

Faculty Works

Galileo Galilei was born in 1564 - the same year that Shakespeare was born and Michelangelo died. From an early age, Galileo showed his scientific skills. At age nineteen, he discovered the isochronism of the pendulum. By age twenty-two, he had invented the hydrostatic balance. By age twenty-five, Galileo assumed his first lectureship, at the University of Pisa. Within a few more years, Galileo earned a reputation throughout Europe as a scientist and superb lecturer. Eventually, he would be recognized as the father of experimental physics. Galileo's motto might have been follow knowledge wherever it leads us. In the 1633 …

The Trial Of Jesus: An Account, Douglas O. Linder

Faculty Works

Providing an account of the trial of Jesus presents challenges unlike that for any of the other trials on the Famous Trials Website. First, there is the challenge of determining what actually happened nearly 2,000 years ago before the Sanhedrin and the Roman prefect of Judea, Pontius Pilate. The task is daunting because almost our entire understanding of events comes from five divergent accounts, each of which was written by a Christian (who did not witness the final days of Jesus directly) for a distinct audience from fifteen (at least) to seventy years after the trial. Second, there is the …

Client Confidences And Public Confidence In The Legal Profession: Observations On The Aba House Of Delegates Deliberations On The Duty Of Confidentiality, Irma S. Russell

Faculty Works

This article sets forth points to encourage the ABA House of Delegates to reconsider proposed revisions to Model Rule 1.6 (b)(2) and (b)(3) and to reject any proposals to revert back to the former rule. Specifically, the article urges the delegates to: 1) be aware of absolutes and consider proportionality; 2) recognize lawyers as trustworthy decision makers; and 3) acknowledge the profession's responsibility to the public. The article suggests that the possibility of reverting to the former rule is radically out of step with the tradition of confidentiality in the American legal profession and with the rules of professional conduct …

“No War, No Hate, No Propaganda” – Promoting Films About European War And Fascism During The Period Of American Isolationism, Allen K. Rostron

Faculty Works

Marketing films about European fascism and war to American audiences posed a dilemma for studios during the period 1937 to 1941. Fearful of offending foreign markets or being accused of propagandizing for American intervention, the studios delivered mixed signals and contradictory messages through their films and the marketing campaigns developed to promote them.

Films discussed in the article include "Fire Over England" (1937), "Three Comrades" (1938), "Blockade" (1938), "Confessions of a Nazi Spy" (1939), "Beasts of Berlin" (1939), "The Mortal Storm" (1940), "Four Sons" (1940), "The Man I Married" (1940), "Escape" (1940), "Pastor Hall" (1940), "Arise, My Love" (1940), "Foreign …

Should Banks Be Permitted To Engage In Real Estate Brokerage And Management Services: How The Current Debate Demonstrates The Inadequacies Of The Gramm-Leach-Bliley Act, Patrick J. Burke

Cleveland State Law Review

One of the first major efforts by regulators to expand the list of permissible activities under the Gramm-Leach-Bliley Act is to allow financial holding companies and financial subsidiaries of nationally chartered banks to engage in real estate brokerage and real estate management services. Part II of this Note will provide a brief history of the financial service regulations that preceded the Gramm-Leach-Bliley Act. Part III will discuss the legislative history of the Gramm-Leach-Bliley Act, provide a brief overview of the Act, and detail the provision which may allow financial holding companies to engage in real estate brokerage and management activities. …

United States V. Kpmg: Does Section 6103 Allow The Irs To Put Taxpayer Names On The Front Page Of The Wall Street Journal, Beckett G. Cantley

Cleveland State Law Review

Section 7431 provides redress for taxpayers in which such confidential taxpayer information is improperly disclosed. Although the IRS disclosure of confidential taxpayer names appears to meet the general rule giving rise to a cause of action, it is unlikely that the named taxpayers would recover damages because the United States is likely to meet the exception where the disclosing party has a good faith, but erroneous, interpretation of section 6103. The United States would meet this exception by showing that a reasonable IRS agent would have believed that the agent could disclose the information. For purposes of this Article, it …

Dna Patenting And Access To Healthcare: Achieving The Balance Among Competing Interests, Melissa E. Horn

Cleveland State Law Review

Increasing evidence suggests that the biotechnology industry's interest in generating revenue and the public's desire to obtain the best healthcare may be at odds. The patenting of genetic information is at the core of this debate. Most, if not all, of the products of the biotech industry's research are patentable. Historically, patents have been justified on the grounds that they are needed to create an incentive for researchers and companies to invest time and money in projects that have uncertain outcomes. In the biotechnology arena, patents do not simply encourage innovation and allow innovators to recoup their costs. Patents can …

Protecting America First: Deporting Aliens Associated With Designated Terrorist Organizations That Have Committed Terrorism In America In The Face Of Actual Threats To National Security, Dana B. Weiss

Cleveland State Law Review

In light of the devastation and destruction caused by the September 11th attacks and the remaining imminent threat of more attacks in this country, this Note proposes legislation that would provide for removal of aliens who are merely associated with a known terrorist organization that has committed acts of terrorism in the United States. Part II outlines the Immigration and Naturalization Services (INS) legislation in effect at the time of the attacks and the rationale behind prohibiting deportation for mere association with a known terrorist organization. Part III discusses newly enacted legislation strengthening deportation laws, which do not go as …

Civil Rights For Gays And Lesbians And Domestic Partner Benefits: How Far Could An Ohio Municipality Go , Mark A. Tumeo

Cleveland State Law Review

It can be seen from the analyses in this Article that ordinances which grant domestic partnership benefits and/or civil rights to gays and lesbians will probably face a complex gambit of legal challenges under state law, federal law, and both State and U.S. Constitutions. Current law and current common practice in the State, however, indicates that municipalities probably have almost unfettered power to pass ordinances that either grant protection or deny protection to gays and lesbians in the area of employment and housing discrimination within the municipalities jurisdiction. The situation is not as clear when it comes to domestic partnership …

Is The "Adequacy" Standard A More Political Question That The 'Equality' Standard?: The Effect Of Standards-Based Education On Judicial Standards For Education Finance Litigation, Avidan Y. Cover

Faculty Publications

This Note argues that the recent shift in state court litigation from an equality claim to one of adequacy has compelled many courts to insert themselves in the discussion and creation of educational policy that was previously viewed as unacceptable. This evolution may render courts vulnerable to appellate challenges and criticisms of nonjusticiability and political question doctrine violations regarding institutional competence and judicial prudence. In addition, the demise of the equality argument diminishes the moral strength of the court's normative valuation capacity. Section I examines the history of education finance cases and reviews the three waves of litigation strategies, which …

Judicial Selection And Political Culture, Jonathan L. Entin

Faculty Publications

This article proceeds in four stages. Part I examines the major rulings, relating to tort reform and school funding, that prompted the harsh and expensive Ohio campaign. Part II compares the process for appointing federal judges, particularly Supreme Court justices, which has also become notably contentious over the past three decades. Part III discusses the trend away from strict limitations on campaign speech by judicial candidates, which combined with the expansive protections afforded to independent expenditures in election campaigns will facilitate sharp rhetoric by those inclined in that direction. Finally, Part IV assesses the prospects for elevating the level of …