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Articles 1 - 6 of 6
Full-Text Articles in Law
Mental States And Misconduct: The Supreme Court Of Missouri Interprets An Important Disqualification From Unemployment Benefits, Brian Stair
Missouri Law Review
Fendler v. Hudson Services features the Supreme Court of Missouri’s first thorough discussion of section 288.030.1(23) and the Court’s decision illustrates a development in Missouri appellate court interpretation of the statute’s definition of “misconduct.” This Note describes that definitional development and addresses its potential effect on future disputes in which employers are seeking to prove that an employee’s behavior constituted misconduct. Specifically, this Note focuses on how the Supreme Court of Missouri, by refusing to require a showing of “willfulness” to prove “misconduct,” has further complicated the use of mental states in “misconduct” analysis and potentially broadened the scope of …
Inchoate Crimes Revisted: A Behavioral Economics Perspective, Manuel A. Utset
Inchoate Crimes Revisted: A Behavioral Economics Perspective, Manuel A. Utset
University of Richmond Law Review
No abstract provided.
Hubbard V. Boelt: The Fireman's Rule Extended , Marty K. Deniston
Hubbard V. Boelt: The Fireman's Rule Extended , Marty K. Deniston
Pepperdine Law Review
The California Supreme Court, in Hubbard v. Boelt, extended the reach of the fireman's rule to bar a suit brought by a policeman who was injured by the willful and wanton conduct of a speeding motor is while pursuing that motorist. This is an important development in tort law because, traditionally, the fireman's rule had only been applied to bar suits by firemen and policemen who were injured by the negligent conduct of another which was the cause of their presence at the scene. This author suggests that the majority's rationale underlying this extension was flawed because of the fundamental …
Beneficiaries Of Misconduct: A Direct Approach To It Theft, Andrew F. Popper
Beneficiaries Of Misconduct: A Direct Approach To It Theft, Andrew F. Popper
Marquette Intellectual Property Law Review
Almost a century ago, the United States Supreme Court declared that the prohibition against unfair competition serves to protect fundamental values and important rights. “[T]he right to acquire property by honest labor or the conduct of a lawful business is as much entitled to protection as the right to guard property already acquired. It is this right that furnishes the basis of the jurisdiction . . . of unfair competition.” The idea is simple: it is unfair to competitors and inconsistent with basic notions of market competition to allow market actors to steal the work or property of another and …
Witness Recantation Study: Preliminary Findings, Alexandra E. Gross, Samuel R. Gross
Witness Recantation Study: Preliminary Findings, Alexandra E. Gross, Samuel R. Gross
Other Publications
In September 2012, the National Registry of Exonerations began a research study of all the cases in our database that involve post-conviction recantations by witnesses or victims. This is the first systematic study of recantations ever conducted. Its purpose is to identify patterns and trends among these cases, with a particular focus on the circumstances that first elicit the false testimony, and on the official reactions to the recantations by judges and other authorities. Our data set includes all the cases in the Registry as of February 28, 2013 – a total of 1,068 cases, 250 of which involve recantations. …
Executives Should Think Twice Before Accepting Pleas 'Relating To Fraud': The Expansion Of Exclusion Under The Park Doctrine, Abraham Gitterman
Executives Should Think Twice Before Accepting Pleas 'Relating To Fraud': The Expansion Of Exclusion Under The Park Doctrine, Abraham Gitterman
Student Articles and Papers
No abstract provided.