Law Commons^™

Mid-Atlantic Ethics Committee Newsletter, Summer 2000

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

The Bankruptcy Trust As A Legal Person, Thomas E. Plank

Scholarly Works

The purpose of this article is to show how the Bankruptcy Code authorizes the creation of the bankruptcy trust as a legal person. The filing of a petition under the Bankruptcy Code creates an "estate" consisting of enumerated property interests. The Code also provides for the appointment of a trustee-a separate bankruptcy trustee or, in chapter 11 or chapter 12 cases, the debtor in possession-with broad powers to act as the representative of the estate. The Code does not, however, expressly define the status of the estate as a legal entity. Although the Code occasionally speaks of the estate as …

Summary Of Roundtable Discussions Regarding The Future Content Of The U.S. Securities Laws, James D. Cox, Edward F. Greene

Law and Contemporary Problems

On Apr 8-9, 1999, more than sixty securities lawyers, regulators and academics participated in a roundtable discussion in Washington DC on what should be the future content of the US securities laws. A summary of the discussions is presented.

Mp3 In Y2k: The Audio Home Recording Act And Other Important Copyright Issues For The Year Mm, Nathan Scharton

Northern Illinois University Law Review

This comment will examine the issues and implications of music and the Internet as affected by several competing interests. Part I briefly outlines the current state of affairs in MP3 music by examining the driving forces behind Internet music. Part II explains the constitutional rights of copyright holders and the goals of copyright law. The constitutional issues are further developed under the United States Supreme Court's decision in Sony Corp. of America v. Universal City Studios, Inc. Part Ill briefly introduces some important aspects of the AHRA. Part IV uses the recent Ninth Circuit case, Recording Industry Ass'n of America …

Hip-Hip-Hurray For Illinois Taxpayers, Or Is It Too Early To Cheer?: An Analysis Of In Re Consolidated Objections To Tax Levies Of School District No. 205, For Years 1991 Through 1996, Christina M. Cantlin-Vanwiggeren

Northern Illinois University Law Review

This casenote will discuss and examine how the Local Government and Governmental Employees Tort Immunity Act ("Tort Immunity Act" or "the Act") should be applied in Illinois based on a case of first impression: In re Consolidated Objections to Tax Levies of School District No. 205, for Years 1991 Through 1996. Section I of this casenote is divided into two segments. Section A discusses the development and historical attributes of tort liability by analyzing the common law development of tort liability and the doctrine of sovereign immunity. Section B chronologically examines the development and language modifications of the Tort Immunity …

George Anastaplo: An Autobiographical Bibliography (1947-2001), George Anastaplo

Northern Illinois University Law Review

Includes public papers, books, other publications, talks and papers, and selected letters to editors.

Law & Literature And The Moderns: Explorations, George Anastaplo

Northern Illinois University Law Review

Law and Literature courses are intended, at least in part, to supply the sound moral understanding as well as the elementary intellectual skills that law students need before they can learn to read in the way that is needed for a profession which very much depends upon disciplined reading and writing. Unfortunately, many if not most of the texts drawn upon in the Law and Literature courses are, or are treated as if they were, of the third or fourth rank. These are texts which are mined in such courses for "cases" and legal issues rather than approached as texts …

The Effect Of Courtroom Technologies On And In Appellate Proceedings And Courtrooms, Fredric I. Lederer

Faculty Publications

No abstract provided.

Choice Of Law In The Missouri Courts: How Have The Missouri Courts Employed The Second Restatement Of Conflicts To Tortious And Contractual Issues?, Richard J. Ansson Jr.

Saint Louis University Law Journal

No abstract provided.

Broadly Speaking - May, 2000, Nova Southeastern University

Broadly Speaking

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Spring 2000

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Tortious Interference With Business Relations: "The Other White Meat" Of Employment Law, Alex B. Long

Scholarly Works

No abstract provided.

Broadly Speaking - April, 2000, Nova Southeastern University

Broadly Speaking

No abstract provided.

A Strategy For Mercy, Robert L. Misner

William & Mary Law Review

No abstract provided.

Freedom Of Speech, Cyberspace, Harassment Law, And The Clinton Administration, Eugene Volokh

Law and Contemporary Problems

Volokh presents four cyberspace speech controversies that involve an interesting modern body of speech restrictions: hostile environment harassment law. These examples illustrate three things--in most of the controversies, the result should be driven not by the medium, but by the underlying free speech principles; that the Clinton Administration's role in these areas has been comparatively slight; and that each of the controversies shows that there is considerable truth to the much-maligned concept of the slippery slope.

Student-Edited Law Reviews: Reflections And Responses Of An Inmate, Nathan H. Saunders

Duke Law Journal

In the classic description, students without law degrees set the standards for publication in the scholarly journals of American law-one of the few reported cases of the inmates truly running the asylum.(1)

What’S Wrong With Sexual Harassment?, Katherine Franke

Women’s Law Forum (2000-2006)

In a lecture given at Villanova University School of Law in March 2000, Professor Franke addressed the recent Supreme Court decisions that have sought to clarify the nature of the right against sexual harassment in the workplace. Professor Franke discussed these cases and critiqued the way in which the court's new jurisprudence of sexual harassment creates structural impediments to remedying the problem of sexual harassment in the workplace.

Broadly Speaking - February, 2000, Nova Southeastern University

Broadly Speaking

No abstract provided.

The Nova Southeastern Lawyer, 2000, Volume 11, Number 2, Nova Southeastern University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.

Isla Journal Of International And Comparative Law, Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

As international commerce continues to increase in online volume, so to will disputes arising out of that online commerce.

Should State Corporate Law Define Successor Liability - The Demise Of Cercla's Federal Common Law, Bradford Mank

Faculty Articles and Other Publications

During the 1980s and early 1990s, a series of decisions broadly interpreting the liability provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCIA) appeared destined to transform corporate law practice. CERCIA does not directly address successor liability, but the statute's complex and contradictory legislative history arguably implies that Congress wanted federal courts to apply broad liability principles to achieve the statute's fundamental remedial goal of making polluters and their successors pay for cleaning up hazardous substances.

Notably, a number of courts rejected state corporate law principles that usually limit the liability of successor corporations and instead …

Who Gets The Takings Claim? Changes In The Land Use Law, Pre-Enactment Owners, And Post-Enactment Buyers, Gregory M. Stein

Scholarly Works

No abstract provided.

Newly Available, Not Newly Discovered, Penny White

Scholarly Works

No abstract provided.

The Creditor In Possession Under The Bankruptcy Code: History, Text, And Policy, Thomas E. Plank

Scholarly Works

No abstract provided.

Recognizing Race In The American Legal Canon, Fran Ansley

Scholarly Works

No abstract provided.

Sacred Sites And Modern Lives: The Miami Circle And Beyond, Franklyn M. Casale

St. Thomas Law Review

It is with great pleasure that I welcome you all to our Fifth Tribal Sovereignty Symposium. This year's main concern is a very local one, but one with national and international implications. Its title is "Sacred Sites and Modem Lives: The Miami Circle and Beyond." We are very proud that St. Thomas University is the location for such an important discussion that will have significant impact in our community and beyond.

Things Not Spoken: The Burial Of Native American History, Law And Culture, Rennard Strickland

St. Thomas Law Review

The theme of this conference, "Sacred Sites and Modem Lives," is important not only for Native Americans but for all Americans. Indeed, the relationship between indigenous peoples and their traditional homelands is an issue of global significance. Throughout the world we are hearing what Dr. Erica-Irene A. Daes called "the voice of loneliness and self-destruction." What D. H. Lawrence called the spirit of the ghost of aboriginal peoples. It is a ghost with an increasingly haunting and strident voice.

Sovereignty And Sacred Land, Bardie C. Wolfe Jr., Oren Lyons

St. Thomas Law Review

I was pleased to come down here for several reasons: one being that my son is down here and I get a chance to say hello to him, and the other, to talk about the importance of not only sacred sites but the term sovereignty; tribal sovereignty. We know that sovereignty is an English term, a European term. It deals with sovereigns; it deals with kings; it deals with those who control everything. Sovereignty is something we learn from being in contact with these nations for so long, I think that the Haudenosaunee, also known as the Iroquois by the …

The Indispensable Function Of The Sacred, Erica-Irene A. Daes

St. Thomas Law Review

Distinguished elders, scholars and guests, I am greatly honored by your invitation to present the Susan J. Ferrell keynote address at this important gathering. It is, of course, particularly appropriate that we meet together on this very timely topic in the city of Miami, location of one of the more recent (and, I am happy to say, successful) struggles to protect the heritage of indigenous peoples, and that we meet at the invitation of Professor Weissner, who played a significant role in that struggle.

Protection Of Cultural Heritage Found On Private Land: The Paradigm Of The Miami Circle And Regulatory Takings Doctrine After Lucas, Patty Gerstenblith

St. Thomas Law Review

In Part I, this article will first review the development of protection in the United States for archaeological sites, including particularly Native American burials. In Part II, this article will analyze current Supreme Court and lower court jurisprudence concerning regulatory takings, particularly in the aftermath of the Supreme Court's 1992 decision, Lucas v. South Carolina Coastal Council, in order to determine what would be the permissible extent of regulation and protection of archaeological sites located on private land and the disposition of objects found in such sites and burials. Part III examines the extent to which current state statutes protect …