Law Commons^™

Why Doctors Shouldn't Practice Law: The American Medical Association's Misdiagnosis Of Physician Non-Complete Causes, Robert Steinbuch

Missouri Law Review

This Article proposes that the AMA adopt rules governing restrictive covenants for doctors similar to those already adopted by the ABA for attorneys. The ABA's current rules allow for restrictive covenants in a limited number of situations - including restrictive covenants incident to the sale of a law practice - but specifically prohibit restrictive covenants as a condition to an employment agreement. The ABA's approach is nuanced and equitable. Both the underlying rationales and practical effects of the ABA's current rules governing non-compete clauses in the legal profession serve as persuasive justifications for adopting the same rules in the medical …

Too Much Risk: The Impact Of Class Action Lawsuits On Claims Made Insurance Policies, Sean A. Smith

Missouri Law Review

The dispute between H & R Block and its excess policy insurers presented the United States Court of Appeals for the Eighth Circuit with an issue of national first impression: does the existence of a series of class action lawsuits prior to the enactment of a claims made insurance policy make it reasonably foreseeable that similar future claims will be filed? 14 The Eighth Circuit's ultimate decision in H & R Block, Inc. v. American International Specialty Lines Insurance Co. will impact insurance coverage of major corporations nationally, in both the narrow context of the upcoming wave of lawsuits against …

Missouri Eminent Domain Reforms Of 2006 Good Faith Negotiation Requirement: Cities Can Use Illegitimate Appraisals Under Kansas City V. Ku, The, Jeremy T. Cranford

Missouri Law Review

This Article argues that the holding of the Western District contravenes decades of Missouri statutory construction law, undermines significant public policy considerations, and indirectly implicates the Missouri constitutional guarantee of "just compensation" for takings by furthering a system of undercompensation. This Article speculates as to the potential policy reasons for such a holding and, finding only the considerations of judicial economy and condemnation proceeding efficiency (time and expense to the condemnor, the burden of which passes to taxpayers), this Article argues that such considerations must yield to the property interests clearly protected by the language of the Missouri legislature

Uniform Law And Its Impact On National Laws Limits And Possibilities, James Maxeiner

All Faculty Scholarship

This report surveys uniform laws in federalism in the United States for synthesis in an international report comparing uniform laws in federal countries.

Banding With Brothers: Authorizing Force Through A Concert Of Democracies, Alexander Bernard

Pace International Law Review Online Companion

No abstract provided.

November Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

Healing the Past, Protecting the Future. By Alejandro Toledo. Americas Quarterly. July 13, 2009.

Contemporary Water Issues, Susan Kelly

Publications

No abstract provided.

The Hidden Costs Of Terror, Cath Collins

Human Rights & Human Welfare

In this month’s featured article, former Peruvian president Alejandro Toledo (2001-2006) gives a thoughtful and insightful account of how post-atrocity accounting and reconstruction feels ‘from the top’. What can an incoming head of state possibly do or say that will redress and repair the social and human costs of decades of violence? What about the centuries of injustice and inequality that fueled the flames? In fact Toledo did perhaps as much as he could, and more than many thought he would be able to, in recognising and beginning to address the ethnic, class, and institutional faultlines that tore Peru apart …

Case Summary: People V. Goetz

Journal of Race, Gender, and Ethnicity

No abstract provided.

Patent Law, U.S., History Of., Howard Bromberg

Book Chapters

Contribution by Howard J. Bromberg to Great Lives from History: Inventors & Inventions

Yours, Mine, And Ours: Law Firm Property Disputes, Douglas R. Richmond

Northern Illinois University Law Review

Lateral movement by lawyers at all levels is now common. Ours is an age of lawyer mobility. It is also an age of client transience. Clients routinely change law firms, sometimes because they move with lateral lawyers, and sometimes for their own reasons. Understandably, lawyer and client mobility have spawned difficult questions about law firm property rights. For competitive reasons, law firms do not want departing lawyers taking the firm's intellectual capital or property with them when they move laterally. Client files are a treasure trove of intellectual capital and property that firms may wish to protect when clients shift …

The Legacy Of Solem V. Bartlett: How Courts Have Used Demographics To Bypass Congress And Erode The Basic Principles Of Indian Law, Charlene Koski

Washington Law Review

Only Congress has authority to change a reservation’s boundaries, so when disputes arise over whether land is part of a reservation, courts turn to congressional intent. The challenge is that in many cases, Congress expressed its intent to diminish or disestablish a reservation as long as one hundred years ago through a series of “surplus land acts.” To help courts with their task, the Supreme Court in Solem v. Bartlett laid out a three-tiered analysis. This Comment examines how courts have applied modern demographics—part of Solem’s third and least probative tier—and demonstrates that they have consistently and primarily used the …

Against Permititis: Why Voluntary Organizations Should Regulate The Use Of Cancer Drugs, Richard A. Epstein

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Pre-Closing Liability, Omri Ben-Shahar

Coase-Sandor Institute for Law & Economics Research Paper Series

Two years after Penzoil v. Texaco threatened to burst the seam of contract formation and find binding commitments before negotiations ended, Judge Easterbrook stitched the rupture. His landmark decision in Empro v. Ball Co. held that a letter-of-intent, which is subject to the preparation of a more comprehensive formal document, is not binding. Each party can freely walk away from it prior to the closing, without incurring any liability and without the court scrutinizing the reasons for the negotiations breakdown. Many courts have since cited and followed Judge Easterbrook's approach. In this commentary, I argue that that this freedom to …

Professor Robert E. Shepherd, Jr.: Tending To His Flock To Improve Its Lot, John P. Cunningham

University of Richmond Law Review

No abstract provided.

Environmental Law, Dana C. Nifosi

University of Richmond Law Review

No abstract provided.

Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

No abstract provided.

Motions 2009 Volume 46 Number 2, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

Motions 2009 Volume 46 Number 2, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

Leadership Skills Development Is Lawyer Skills Development, Sandee Magliozzi, Michele L. Bendekovic

Faculty Publications

No abstract provided.

Setting The Standard: A Critique Of Bonnie's Competency Standard And The Potential Of Problem-Solving Theory For Self-Representation At Trial, E. Lea Johnston

UF Law Faculty Publications

In Indiana v. Edwards, the U.S. Supreme Court held that the Sixth Amendment permits a trial court to impose a higher competency standard for self-representation than to stand trial. The Court declined to specify the contents of a permissible representational competence standard, but cited with support the construct of adjudicative competence developed by Professor Richard Bonnie. While Bonnie's proposal may provide an appropriate framework for evaluating the competence of represented defendants' decisions, it is at most a starting point for defining the capacities needed for self-representation at trial. This Article begins by exposing three reasons why Bonnie's approach is …

Anonymity In Cyberspace: What Can We Learn From John Doe?, Lyrissa Barnett Lidsky

UF Law Faculty Publications

This Article examines the evolution of the law governing libel suits against anonymous "John Doe" defendants based on Internet speech. Between 1999 and 2009, courts crafted new First Amendment doctrines to protect Internet speakers from having their anonymity automatically stripped away upon the filing of a libel action. Courts also adapted existing First Amendment protections for hyperbole, satire, and other nonfactual speech to protect the distinctive discourse of Internet message boards. Despite these positive developments, the current state of the law is unsatisfactory. Because the scope of protection for anonymous Internet speech varies greatly by jurisdiction, resourceful plaintiffs can make …

The Supreme Court Of Canada, Charter Dialogue And Deference, Rosalind Dixon

Public Law and Legal Theory Working Papers

For those concerned about the democratic legitimacy of Charter review by Canadian courts, the idea of dialogue offers a promising midway path between the extremes of judicial and legislative supremacy. Current dialogue theory, however, largely fails to live up to this promise of compromise. Instead of distinguishing democratic worries associated with US style, strong-form judicial review, it largely endorses the legitimacy of such review. For dialogue to live up to its original promise, a new theory that more clearly distinguishes Canada from the United States is required. In this article, which offers a new theory of dialogue, the willingness of …

Seconds Anyone: Using The Missouri Svp Law To Punish After Time Served, Rachel Woodell Hill

Missouri Law Review

In 2006, amendments to the Missouri SVP Law took effect, lowering the state's burden of proof and changing the status under which rehabilitated individuals were permitted to rejoin society. These seemingly minor changes had enormous consequences, causing the constitutionality of the entire Missouri SVP scheme to be called into question. In the recent case, In re Care and Treatment of Van Orden, the Missouri Supreme Court addressed these concerns and found the amended scheme constitutional. However, in doing so, Missouri's highest court has effectively transformed what was once a remedial measure into a punitive sanction, under the veil of the …

Not Taking Care Of Business: State Responds To The Employee Free Choice Act, Preemption, And The Nlra, Mega Maskery Luecke

Missouri Law Review

In 2009, Senator Ted Kennedy (D-MA) and Representative George Miller (D-CA) introduced legislation in their respective chambers that would significantly change how workers form unions under the National Labor Relations Act (NLRA). Under the current process, at least thirty percent of a company's employees must first sign cards that accompany a petition requesting union representation, after which the employees or the employer can ask the National Labor Relations Board (NLRB) to hold a secret ballot election to poll employees on the issue of whether a majority wants to be represented by a union. If passed, the Employee Free Choice Act …

Muscular Procedure: Conditional Deference In The Executive Detention Cases, Joseph Landau

Washington Law Review

The executive detention cases of the past several years demonstrate a rare but critical assertion of procedural law where the political branches fail to legislate or to properly implement substantive law. This is “muscular procedure”—the invocation of a procedural device to condition deference on political branch integrity. Courts have affected the law of national security in profound ways by requiring the political branches to adhere to a judicially imposed standard of transparency and deliberation. Courts have resolved the merits of individual enemy combatant challenges by rejecting executive branch decisions based on absolute secrecy, innuendo, tentativeness, or multiple levels of hearsay, …

Data Note: Job Seekers With Disabilities At One-Stop Career Centers: An Examination Of Registration For Wagner-Peyser Funded Employment Services From 2002 To 2007, David Hoff, Frank A. Smith

Data Note Series, Institute for Community Inclusion

The Wagner-Peyser Act of 1933 established a nationwide system of public employment services, known as the Employment Service. Wagner-Peyser funds are a primary source of funding for the services of One-Stop Career Centers that provide employment services available to all people, including people with disabilities. This data note examines trends on a national and state-by-state basis in the number and percentage of job seekers who self-identified as having disabilities who register for Wagner-Peyser Employment Services.

Fair Presentation And Exhaustion: The Search For Identical Standards, Jonah Wexler

Cardozo Law Review

No abstract provided.

Female Justices, Feminism And The Politics Of Judicial Appointment: A Reexamination, Rosalind Dixon

Public Law and Legal Theory Working Papers

In recent years, feminists in the United States have consistently advocated for the appointment of more female justices to the Supreme Court. Given the records of Justices O’Connor and Ginsburg on the Court and broader empirical findings below the Supreme Court level showing a relationship between a judge’s gender and her voting behavior, feminists have argued that, from a feminist perspective, the appointment of new female justices to the Court is likely to offer significant substantive, as well as symbolic, benefits. This Article challenges such feminist orthodoxy by showing that it is based on a mistaken view of existing empirical …

Rethinking The Constitutional Criminal Procedure Of Juvenile Transfer Hearings: Apprendi, Adult Punishment And Adult Process, Jenny E. Carroll

Faculty Scholarship

This article makes valuable new contributions to the burgeoning scholarly discourse on Apprendi v. New Jersey-a landmark decision that celebrates its tenth anniversary this year. It builds on the author's experience as a public defender, during which she pioneered the surprising but straightforward argument that under Apprendi, findings that justify transferring a juvenile to adult court must be proven to a jury beyond a reasonable doubt. Apprendi requires that any fact authorizing a sentence higher than the otherwise applicable statutory maximum must be found by a jury using a beyond a reasonable doubt standard. This tenet applies directly to juvenile …