Law Commons^™

The Dawn Of The Computer Age: How The Fourth Amendment Applies To Warrant Searches And Seizures Of Electronically Stored Information, Robert H. Bohn Jr., Lynn S. Muster

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Contracting For Judicial Review Of Arbitration Agreements: Sidestepping The Faa Weakens Arbitration Viability, Julie E. Patalano

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Sobering Consequences For Aliens Convicted Of Felony Dui: Is Drunk Driving A Crime Of Violence Under 18 U.S.C. Sec. 16(B), Jennifer H. Healey

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Dna Dragnet Practices: Are They Constitutional, Laurie Stroum Yeshulas

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Determining The Dischargeability Of Fraudulent Claim Settlement Agreements In Bankruptcy, Stephen R. Bentfield

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Proving Copyright Infringement: Will Striking Similarity Make Your Case, Sean Robert Higgins

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Sign Of The Times: Massachusetts' Need To Amend State Law Against On-Line Predators, Courtney-Elizabeth Mayo

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Internal Revenue, John T. Mcinnes

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

New Kid On The Block: The Alwd Citation Manual, Wanda M. Temm

Faculty Works

No abstract provided.

The Role Of The Lawyer In War: Lawyering For Uncle Sam When He Draws His Sword, William G. Eckhardt

Faculty Works

For 228 years, uniformed lawyers have been providing legal advice to commanders. They have used their legal skill, their sense of social organization, and their understanding of military history and tradition to assist in the formulation of sound discipline, governance, and policy. The unique contribution martial law has made to our country's dedication to the rule of law is a heritage worth celebrating. The purpose of this essay is to discuss this heritage so that one may appreciate the current state of the practice of military law. It includes an exploration of the theoretical conflict between law and armed force; …

Gprady, William K. Black

Faculty Works

No abstract provided.

Table Of Contents-Issue 2, Mc Law

MC Law Review

Table of Contents - Issue 2

Stopping The Enron End-Runs And Other Trick Plays: The Book-Tax Accounting Conformity Defense, Anthony J. Luppino

Faculty Works

In accounting for business transactions in the United States, it has long been the case that keeping two different sets of books (one for financial reporting and one for income tax reporting) is 'generally accepted.' A company can often effect a transaction that in economic substance begins at 'point A' and ends at 'point B,' but account for the path taken in one manner in its financial statements and in a markedly different manner in the company's income tax returns.

Three prominent examples of this accounting divergence that have become subject to public scrutiny are: 'synthetic leases' of real estate …

Appellate Jurisdiction In Ohio Over Final Appealable Orders , Gary L. Garrison

Cleveland State Law Review

This article focuses on the rules for determining finality and appealability of judgments under section 2505.02 and Ohio R. Civ. P. 54(B). To that end, this article addresses not only the various categories of "final orders" but also the procedural mechanisms by which interlocutory appeals are taken from judgments on one part of a case while the rest of the case remains pending. The objective of this article is two-fold. First and foremost, it provides a resource and guide to appellate practitioners and trial court judges for understanding the "final order rule" and for navigating its various provisions in the …

Nursing Home Tort Reform And Ohio House Bill 412: Why Have We Abandoned Our Neglected And Abused Elderly Population, Robin P. Bravchok

Cleveland State Law Review

This Note will show that nursing home tort reform statutes, like Ohio's, have totally missed the mark by disregarding our elders' rights and ignoring the problem of abuse and neglect in nursing facilities. Part II of this Note will look at our nation's elderly population and the poor state of our country's nursing homes. Part III will briefly look at Florida's lawsuit reform act that was passed in May of 2001. Florida, with its large elderly population, was plagued by increasing insurance costs allegedly due to rising litigation and damage awards. Its new law, which has led to strict reductions …

The Classified Information Protection Act: Killing The Messenger Or Killing The Message, Mitchell J. Michalec

Cleveland State Law Review

The purpose of this Note is to discuss the adequacy of existing statutory and administrative protections for classified information, examine how the agencies responsible for protecting this information implemented controls, and how the courts interpreted these existing protections. This Note argues that the failure of the government to prevent "leaks" is not necessarily a failure of the existing scheme, but rather a failure of the government to apply current controls. Furthermore, it demonstrates that the Classified Information Protection Act is an unnecessary, overbroad, and in some cases, ineffective alternative to the existing protections, with a great potential for abuse. If …

The George A. Leet Business Law Symposium: The Role Of Lawyers In Strategic Alliances - Introduction, George W. Dent

Faculty Publications

Introducation to The George A. Leet Business Law Symposium: The Role of Lawyers in Strategic Alliances, Cleveland, Ohio.

Protections For Transgender Employees, Jennifer L. Levi

Media Presence

Many transgender employees routinely face demotions, unfavorable conditions of employment, and even discriminatory terminations--due not to job-related problems but to employers' discomfort with and animus against transgender people. Lawyers may look to several sources of law in order to redress the rights of transgender clients who face adverse treatment in such situations, including transgender-specific nondiscrimination laws, state and federal sex discrimination laws, and state disability laws. Although courts historically have found transgender people excluded from coverage under certain laws, developing case law supports the arguments of transgender employees who face workplace discrimination.

Protecting Transgender Families: Strategies For Advocates, Taylor Flynn

Media Presence

This Article discusses the difficulties involving divorce for married transgender women and men in the United States. For a transgender (trans) man or woman, what begins as the dissolution of a relationship may be transformed into a public nightmare in which the individual is forced to defend the authenticity of his or her gender in the face of relentless, brutal, and humiliating questions about the most intimate details of personal anatomy and sexual practices.

The Author suggest that the courts should point to the medical standards of care, which conclude that sex is determined by gender identity: the court then …

The Disparate Impact Hostile Environment Claim: Sexual Harassment Scholarship At A Crossroads, Robert A. Kearney

Hofstra Labor & Employment Law Journal

No abstract provided.

Arbitral Views Of Sexual Harassment: An Analysis Of Arbitration Cases, 1990-2000, Carrie G. Donald, John D. Ralston

Hofstra Labor & Employment Law Journal

No abstract provided.

Cross-Employee Redistribution Effects Of Mandated Employee Benefits, Sharon Rabin-Margalioth

Hofstra Labor & Employment Law Journal

Whether mandated employee benefit policies are efficient, depends on the ratio of aggregate value attached by employees to the benefit, compared to the aggregate employer cost of providing the benefit. The higher the aggregate value/cost ratio is, the stronger is the justification for implementing the policy. High value/cost ratios are indicative of the existence of market failures in the voluntary provision of the benefit. Mandated benefits, efficient or not, do not entail employer-employee redistributive outcomes. The fact that no employment rate changes can be traced following the enforcement of a mandate program is usually indicative of full employer cost shifting. …

Think Before You Click: Online Anonymity Does Not Make Defamation Legal, Orit Goldring, Antonia L. Hamblin

Hofstra Labor & Employment Law Journal

No abstract provided.

Many Paths To Justice: The Glass Ceiling, The Looking Glass, And Strategies For Getting To The Other Side, M. Neil Browne, Andrea Giampetro-Meyer

Hofstra Labor & Employment Law Journal

No abstract provided.

The Tort Of Intentional Infliction Of Emotional Distress In The Private Employment Sector, Frank J. Cavico

Hofstra Labor & Employment Law Journal

No abstract provided.

The Potential For State Labor Law: The New York Greengrocer Code Of Conduct, Matthew T. Bodie

Hofstra Labor & Employment Law Journal

While labor law academics bemoan the ossification of federal labor law, the potential for state labor law has just begun to be explored. This Article takes a closer look at the New York Greengrocer Code of Conduct, a unique approach to the problem of industry-wide employment law violations. The Code, negotiated by the New York Attorney General's Office in conjunction with groups representing workers and greengrocers, provides a set of minimum terms and conditions for grocers which to some extent go beyond statutory requirements. In return for agreeing to the Code, grocers can avoid liability for past state employment law …

In The Wake Of The Tampa: Conflicting Visions Of International Refugee Law In The Management Of Refugee Flows, Mary Crock

Washington International Law Journal

The Australian Government's decision in August 2001 to close its doors to a maritime Good Samaritan, Norwegian Captain Rinnan, his crew, and 433 Afghan and Iraqi rescuees, provided a curious contrast to the image of humanity, generosity, and openness that Australia tried so hard to foster during the 2000 Olympic Games in Sydney. Victims or villains according to how the facts and the law are characterized, the MI/V Tampa rescuers represented for lawyers the intersection of a variety of areas of law and a clash of legal principles. The ambiguities in both international and state law pertaining to asylum seekers …

Commentary On Counsel's Duty To Seek And Negotiate A Disposition In Capital Cases (Aba Guideline 10.9.1), Russell Stetler

Hofstra Law Review

This paper discusses counsel's duty to seek to resolve death penalty cases through negotiated dispositions for a sentence less than death.

Session Law 03-412, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

In Praise Of The Rule Of Law, The Role Of Judges, And The Right To Shop, Nadine Strossen

NYLS Law Review

No abstract provided.