Law Commons^™

Building An Environmental Ethic From The Ground Up, Alyson C. Flournoy

UF Law Faculty Publications

Over the last twenty years there has been a remarkable theoretical flourishing in the field of environmental philosophy, with the development of biocentric ethics, animal rights theories, deep ecology, ecofeminism, modified utilitarianism, moral pluralism and theories drawing on numerous religious and cultural traditions. These theories explore the intellectual and moral causes for the environmentally destructive practices of the dominant western industrial and economic culture, and propose alternatives that might avoid these consequences. This symposium raises a worthy question: to what extent have these theories had practical impact on environmental law and policy. I come to this question as a lawyer …

New Studies Provide Insight Into How Disputants Value Case Evaluation By Third Parties, Gregory Todd Jones, Douglas H. Yarn

Faculty Publications By Year

No abstract provided.

Georgia's Public Service Bar Exam Alternative, Andrea A. Curcio, Clark D. Cunningham

Faculty Publications By Year

No abstract provided.

Having Failed To Defend, An Insurer Can Still Argue Lack Of Coverage - Royal Insurance Co. Of America V. Kirksville College Of Osteopathic Medicine, Inc., Matthew Towns

Missouri Law Review

This Note explores the consequences of an insurer’s breach of the duty to defend under Missouri case law. It also examines the theories applied in other states in support of the position that a breach of the duty to defend entails loss of the right to argue lack of coverage. The Note concludes that the holding in Royal insurance Co. of America v. Kirksville College of Osteopathic Medicine, Inc. resolved a burgeoning controversy by clarifying insurers’ rights to an extent unknown in other jurisdictions.

Who Can Defend A Federal Regulation? The Ninth Circuit Misapplied Rule 24 By Denying Intervention Of Right In Kootenai Tribe Of Idaho V. Veneman, Stephanie D. Matheny

Washington Law Review

In Kootenai Tribe of Idaho v. Veneman, the United States Court of Appeals for the Ninth Circuit misapplied Rule 24 of the Federal Rules of Civil Procedure by denying intervention of right to organizations that had protectable interests in the adoption and implementation of the Roadless Rule. The court based its decision to deny intervention of right on its federal defendant rule, which bars intervention of right by parties other than the federal government to defend a challenge brought under the National Environmental Policy Act (NEPA). The Kootenai decision extended the reach of the federal defendant rule to include …

Do Asian Men Face Wage Discrimination In The United States?, Marlene Kim

Institute for Asian American Studies Publications

Currently there is a debate regarding whether Asian men suffer from workplace discrimination on account of their race. The research findings have been mixed. Cabezas and Kawaguchi (1988) found that in the San Francisco Metropolitan Area, both foreign-born and U.S.-born men who were of Chinese, Japanese, Filipino, and Korean descent earned less than similarly qualified U.S.-born white men, although they did not examine the statistical significance of these findings. Using the same 1980 census data on a national sample of Chinese, Filipino, Japanese, Asian Indian, and Korean men, Duleep and Sanders (1992) find differences in earnings by race that are …

State Doctrines Of Substantial Compliance: A Call For Erisa Preemption And Uniform Federal Common Law Doctrine, Meridith H. Bogart

Cardozo Law Review

No abstract provided.

Salt Equalizer, Vol. 2003, Issue 4, Society Of American Law Teachers

SALT Equalizer

Margalynne Armstrong, The SALT Annual Awards Dinner to Honor Quigley, Lewis, at 1.

Michael Rooke-Ley, SALT, FAIR Sue Department of Defense over Solomon Amendment, at 1.

Raleigh Hanna Levine, Introducing SALT’s New Co-Presidents, at 2.

Paula C. Johnson & Michael Rooke-Ley, Co-Presidents’ Column, at 3.

Eileen Kaufman, SALT Bar Exam Workshop, at 4.

Sally Simpson, The Community Legal Access BarAlt Program, at 4.

Andrea Curcio & Clark D. Cunningham, Georgia’s Public Service Bar Exam Alternative, at 5.

Marjorie M. Shultz & Sheldon Zedeck, Identification and Development of Predictors for Successful Lawyering, at …

Constitutional Analogies In The International Legal System, Laurence R. Helfer

Loyola of Los Angeles Law Review

No abstract provided.

Theories Of Justice, Human Rights, And The Constitution Of International Markets, Ernst-Ulrich Petersmann

Loyola of Los Angeles Law Review

No abstract provided.

Managed Care’S Crimea: Medical Necessity, Therapeutic Benefit, And The Goals Of Administrative Process In Health Insurance, William M. Sage

Faculty Scholarship

This Essay explores the concept of medical necessity as it has evolved in the judicial and administrative oversight of managed care. The goals of the Essay are to illustrate the range of plausible rationales for establishing administrative procedures to govern medical necessity disputes, and to demonstrate the difficulty of incorporating into those procedures the most important professional and social responsibilities of managed care in today’s health care system. Part I of the Essay explains the ideological and practical significance of medical necessity as managed care has evolved. Part II examines medical necessity as a legal problem, and questions whether current …

The Copyright Divide, Peter K. Yu

Faculty Scholarship

Most recently, the recording industry filed 261 lawsuits against individuals who illegally downloaded and distributed a large amount of music via peer-to-peer file-sharing networks, such as KaZaA, Grokster, iMesh, and Gnutella. Although the industry's recent approach was controversial and resulted in major criticisms from legislators, academics, civil libertarians, consumer advocates, and university officials, the copyright holders' aggressive tactics are not new.

In fact, copyright holders have been known for using, or encouraging their government to use, coercive power to protect their creative works. Only a decade ago, the U.S. copyright industries have lobbied their government to use strong-armed tactics to …

Masthead, Volume 25 (2003-2004)

Cardozo Law Review

No abstract provided.

Belgium's Universal Jurisdiction Law: Vindication Of International Justice Or Pursuit Of Politics?, Malvina Halberstam

Cardozo Law Review

No abstract provided.

Coping With Cafos: How Much Notice Must A Citizen Give - Community Ass'n For Restoration Of The Environment V. Henry Bosma Dairy, Martin A. Miller

Missouri Law Review

In the context of reviewing Community Ass’n for Restoration of the Environment v. Henry Bosma Dairy, this Note focuses on what constitutes sufficient notice and suggests how citizen groups should handle additional violations discovered after suit has been filed. Although the Ninth Circuit had previously taken a fairly strict approach in interpreting notice requirement, Bosma Dairy indicates a shift toward a more forgiving approach by allowing the plaintiff to include certain non-noticed violations in its lawsuit. This urges the continued movement away from a rigid and formalistic approach.

Ethnography In The Realm Of The Pragmatic: Studying Pragmatism In Law And Politics, Annelise Riles

Cornell Law Faculty Publications

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Drop The Shoe: A Law Of Personal Jurisdiction, Douglas D. Mcfarland

Missouri Law Review

Personal jurisdiction standards outlined in International Shoe Co. v. Washington have proven to be inadequate. This Article begins in Part II with an examination of the origins of the International Shoe minimum contacts test, and then in Part III analyzes and critiques the opinion and the test. Part IV looks at later Supreme Court cases that attempt to refine and apply the test, and Part V looks at the same pattern for other federal courts and state courts. These Parts lead to the conclusion that the minimum contacts test should be abandoned in favor of a new law for personal …

Plea Best Not Taken: Why Criminal Defendants Should Avoid The Alford Plea, A, Bryan H. Ward

Missouri Law Review

After examining the North Carolina v. Alford decision in detail, this Article will first look at the broad arguments in favor of this type of plea. This Article will then focus on the body of case law dealing with the Alford plea and its effect on sentencing, probation and parole. While examining these cases this Article will also focus on the variety of arguments offered by criminal defendants who contend that it is impermissible to require an Alford-type defendant to express remorse for the offense or admit to the offense in any other context. This Article will conclude by reevaluating …

Class Actions And Ex Parte Communications: Can We Talk, Douglas R. Richmond

Missouri Law Review

The subject of ex parte communications with class members is a murky one. Here the rules of civil procedure and professional responsibility overlap as in no other area, and case law is relatively scarce. Insofar as class actions are litigated in federal courts, another problem is that many of the decisions on this subject are district court decisions, which lack precedential force. In sum, lawyers’ need for guidance in this area is significant and seems destined to grow in importance as class action litigation continues to spread.

Ada's Reasonable Accommodation Requirement And Innocent Third Parties, The, Alex B. Long

Missouri Law Review

Applying the Americans with Disabilities Act had proven to be a difficult challenge. This Article suggests that the most effective and equitable method of dealing with many of the most difficult accommodation issues is to focus on the effect that providing an accommodation would have on other employees.

Understanding The Difference Between The Right To Subrogation And Assignment Of An Inusrance Claim - Keisker V. Farmer, Jennifer A. Bueler

Missouri Law Review

Trinity Universal Insurance Company wrote a policy that did not expressly create an assignment of its policyholder’s future claims and, as a result, recovered only a fraction of the amount it paid to the policyholder. Had Trinity carefully drafted its policy to create an assignment of the insured’s claims, it might have recovered the entire amount from those responsible for the damages. For this reason, insurance companies need to understand the difference between assignment and subrogation. Furthermore, insured individuals need to understand this distinction so that they are aware of their own rights and obligations.

We Didn't Know Any Better Defense: The Eighth Circuit's View Of Qualified Immunity For Jail Officers Who Detain Arrestees - Hill V. Mckinley, The, William E. Roberts

Missouri Law Review

The Supreme Court has imparted the old common-law immunity to law-enforcement officers in actions for violations of constitutional rights. Defendants no longer have to stand trial on a federal claim for damages based on their unconstitutional actions unless a court has previously established with sufficient clarity and particularity that such actions are indeed a constitutional violation. Through examination of Hill v. McKinley, this Note argues that "qualified immunity" is beginning to be extended beyond its intended use.

The 2002 Supreme Court Decisions: Did They Leave Enough Of Apprendi To Effectively Protect Criminal Defendants?, Charlotte Leclercq

Northern Illinois University Law Review

This comment explores the true impact of the 2000 landmark decision, Apprendi v. New Jersey, in which the United States Supreme Court determined that any fact that increases a criminal defendant's sentence beyond the statutory maximum has to be submitted to a jury and proven beyond a reasonable doubt. At the time, the decision appeared to be a triumph for the procedural due process rights of defendants. However the opinion of the majority, as well as those of the concurrence and dissents, left the actual effect of the decision subject to considerable debate among courts and commentators. In 2002 the …

Vol. 24, No. 1, Fall 2003: Table Of Contents, Northern Illinois University Law Review

Northern Illinois University Law Review

No abstract provided.

Introduction, Allan Ides

Loyola of Los Angeles Law Review

No abstract provided.

Transnational/Domestic Constitutional Law, Mark Tushnet

Loyola of Los Angeles Law Review

No abstract provided.

Transnational Discourse, Relational Authority, And The U.S. Court: Gender Equality, Vicki C. Jackson

Loyola of Los Angeles Law Review

No abstract provided.

Ambivalence In Equivalents: Problems And Solutions For Patent Law's Doctrine Of Equivalents, M. Aminthe Broussard

Louisiana Law Review

No abstract provided.

Title Page

Louisiana Law Review

No abstract provided.

Why Can't Discrimination Be Discrimination? Johnson V. K Mart Corp. And The Meaning Of "Discrimination" Under The Americans With Disabilities Act, Todd Prall

BYU Law Review

No abstract provided.