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Articles 1 - 8 of 8

Full-Text Articles in Law

Televised Trials: Can The Government Market Electronic Access, William L. Howard Oct 1997

Televised Trials: Can The Government Market Electronic Access, William L. Howard

South Carolina Law Review

No abstract provided.


Of Characterization And Other Matters: Thoughts About Multiple Damages, G. Robert Blakey Jul 1997

Of Characterization And Other Matters: Thoughts About Multiple Damages, G. Robert Blakey

Law and Contemporary Problems

Blakey argues that economic analysis in the courts must be substantially supported by other insights, say from ethics or history.


Pre-Natal Fictions And Post-Partum Actions, Ian R. Kerr Apr 1997

Pre-Natal Fictions And Post-Partum Actions, Ian R. Kerr

Dalhousie Law Journal

The author examines the theory of liability for pre-natal injuries adopted by Canadian courts. This theory has recently been adopted by the New Brunswick Court of Appeal in an unprecedented decision that allows an infant to sue its own mother for alleged negligent conduct that occurred prior to the child's birth. The author argues that, despite contrary claims, the present theory of liability relies on the judicial use of a legal fiction. He maintains that this fiction has been stretched beyond its theoretical limits and concludes that courts are no longer justified in adopting the present theory of liability in …


Gasperini In Line With Erie: New York Law Determines Excessiveness Of Verdict In Diversity Cases, Edie C. Grinblat Jan 1997

Gasperini In Line With Erie: New York Law Determines Excessiveness Of Verdict In Diversity Cases, Edie C. Grinblat

Touro Law Review

No abstract provided.


Kalanke V. Freie Hansestadt Bremen: The Significance Of The Kalanke Decision On Future Positive Action Programs In The European Union, Rebecca Means Jan 1997

Kalanke V. Freie Hansestadt Bremen: The Significance Of The Kalanke Decision On Future Positive Action Programs In The European Union, Rebecca Means

Vanderbilt Journal of Transnational Law

In the landmark case Kalanke v. Freie Hansestadt Bremen, the European Court of Justice held that a German state law giving women an "absolute and unconditional priority" in the labor market was inconsistent with the European Equal Treatment Directive. Although many Europeans vehemently criticized the Kalanke decision initially, the furor now appears to have subsided. As a result of this decision, however, the European Union is currently re-examining equal treatment policies and will likely provide further guidance to Member States attempting to formulate positive action programs.

This Note first discusses the institutions of the European Union as they relate to …


The Admission Of Dna Evidence In State And Federal Courts, George Bundy Smith, Janet A. Gordon Jan 1997

The Admission Of Dna Evidence In State And Federal Courts, George Bundy Smith, Janet A. Gordon

Fordham Law Review

No abstract provided.


The New York Court Of Appeals: 150 Years, George Bundy Smith Jan 1997

The New York Court Of Appeals: 150 Years, George Bundy Smith

Fordham Law Review

No abstract provided.


Protecting Human Rights Through A Constitutional Court: The Case Of South Africa, Brice Dickson Jan 1997

Protecting Human Rights Through A Constitutional Court: The Case Of South Africa, Brice Dickson

Fordham Law Review

No abstract provided.