Law Commons^™

Mid-Atlantic Ethics Committee Newsletter, Summer 1999

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Are Separate Liability Losses Separate For Consolidated Groups?, Don Leatherman

Scholarly Works

No abstract provided.

Can Lightning Strike Twice - Obligations Of State Courts After Pulley V. Harris, Penny White

Scholarly Works

No abstract provided.

Judicial Independence: Second Steps, Penny White

Scholarly Works

No abstract provided.

The Purposes And Accountability Of The Corporation In Contemporary Society: Corporate Governance At A Crossroads, Michael Bradley, Cindy A. Schipani, Anant K. Sundaram, James P. Walsh

Law and Contemporary Problems

Little attention has been paid to how the governance structures of public corporations adapt to structural changes in the social, political, economic and legal environments in which they operate. Bradley et al chronicle the recent changes in the conduct of business enterprise and establish the necessary conditions for a system of corporate governance capable of accommodating these changes.

The Figure In The Landscape: A Comparative Sketch Of Directors’ Self-Interested Transactions, Deborah A. Demott

Law and Contemporary Problems

Focusing on Part X of the UK's Companies Act 1985, DeMott draws contrasts with corporate law in the US. Part X has a style and feel that is distinctly different from counterpart provisions in the US corporate statutes.

The Right To Representation By Counsel In University Disciplinary Proceedings: A Denial Of Due Process Of Law, Robert B. Groholski

Northern Illinois University Law Review

This comment argues that university students who face suspension or expulsion for disciplinary reasons, as opposed to academic dismissal, are entitled to have retained legal counsel represent them as an element of procedural due process. The article begins with a general discussion of the jurisprudence that has developed concerning the Fourteenth Amendment's Due Process Clause. Utilizing both federal and state court decisions, the comment then demonstrates that university students hold protected liberty and property interests in their collegiate educations or degrees such that the procedural protections of the Due Process Clause are triggered when students face disciplinary suspension or expulsion. …

Executive Privilege Or Punishment? The Need To Define Legitimate Invocations And Conflict Resolution Techniques, Mark P. Doherty

Northern Illinois University Law Review

This comment describes justifications for the doctrine of executive privilege and then examines various arguments against its legitimacy and use. This comment then reflects on several historical invocations of the privilege and the ensuing public, political, and judicial reactions. Finally, the author suggests that Congress implement guidelines for legitimate invocations of the executive privilege and outlines an effective system to safeguard this constitutional executive prerogative.

The Law School Compensation Systems At Three Top Quartile Law Schools: Factors Correlating With Law Professors' Salaries And Suggestions, Bruce D. Fisher, Paul Bowen

Northern Illinois University Law Review

This article is a study of the factors which may impact the salary levels of law professors. The authors employ various methods of statistical analysis to determine what association, if any, a variety of factors have to the level of a law professor's salary. These factors include the quality of the faculty, the amount of legal scholarship produced by professors, the seniority of faculty members and their gender. After examining the impact of these factors on the salaries of law professors, the authors then proceed to make several observations and recommendations for streamlining the salary levels of law professors.

Open Texture And The Possibility Of Legal Interpretation, David B. Lyons

Faculty Scholarship

This essay concerns the possibility of interpreting law. It is always possible to interpret law in the weak sense, which assigns meaning it is not assumed the law previously possessed. My concern here is interpretation in the strong sense, which, if successful, reveals meaning that lies hidden in the law. Theories of legal interpretation have recently received much theoretical attention. The received theory of law's open texture suggests that this interest is misplaced.

Mid-Atlantic Ethics Committee Newsletter, Spring 1999

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Something Seems Fishy - The Application Of The Fourth Amendment To Coast Guard Searches Of Vessels: United States V. Boynes Note, Lucille A. Jewel

Scholarly Works

No abstract provided.

The Future Of Governmental Ethics: Law And Morality, Jon L. Mills

UF Law Faculty Publications

Based on a speech presented at the 16th International Symposium on Economic Crime, Cambridge University, England September 13-19, 1998.

Pansexuality And The Law, Jennifer Ann Drobac

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Gazing Into The Crystal Ball: Reflections On The Standards State Judges Should Use To Ascertain Federal Law, Donald H. Zeigler

William & Mary Law Review

No abstract provided.

Europe’S New Jury Systems: The Cases Of Spain And Russia, Stephen C. Thaman

Law and Contemporary Problems

Thaman compares the provisions of the 1993 Russian Jury Law with the 1995 Spanish Jury Law, focusing on the effect of their implementation and reintroduction of the classic jury system on current problems.

Contextualism: The Supreme Court's New Standard Of Judicial Analysis And Accountability, Shalin Sugunasiri

Dalhousie Law Journal

Over the past few years, the "contextual approach" to law has acquired considerable cachet in juridical discourses across the country. In the Supreme Court of Canada, contextualism is now the new standard of judicial analysis and accountability This article analyzes a decade of Supreme court jurisprudence on Charter interpretation, statutory interpretation and the common law in order to fully explicate what contextualism in law is, where it came from, and how it has achieved its current pre-eminent status. The future promise of the contextual approach is also here canvassed through a dialectical engagement with postmodernist concerns respecting inherent legal indeterminacies.

Slavery And The Sudan: Can Good Works Be Good?, Ibpp Editor

International Bulletin of Political Psychology

This article focuses on the consequences of attempts to free slaves and abolish slavery in the Sudan.

Security, Safety, And The Law: The Alpine Cable Accident, Ibpp Editor

International Bulletin of Political Psychology

This article describes how legal Issues pertaining to fatal aviation accidents with and without significant politico-military implications can contribute to or detract from security and safety phenomena leading to yet other fatal accidents.

Trends. Immigration And Naturalization Service V. Aguirre, No. 97-1754: Can Crime Be Nonpolitical?, Ibpp Editor

International Bulletin of Political Psychology

This articles discusses a recent Supreme Court case revolving around whether foreigners who have committed serious nonpolitical crimes outside the US are ineligible for refugee status regardless of the severity of persecution that would await them at their countries of origin.

Broadly Speaking - March, 1999, Nova Southeastern University

Broadly Speaking

No abstract provided.

Devlin Was Right: Law And The Enforcement Of Morality, Gerald Dworkin

William & Mary Law Review

No abstract provided.

Crimes Against Autonomy: Gerald Dworkin On The Enforcement Of Morality, Lawrence C. Becker

William & Mary Law Review

No abstract provided.

Broadly Speaking - February, 1999, Nova Southeastern University

Broadly Speaking

No abstract provided.

Still Adjusting To Markman: A Prescription For The Timing Of Claim Construction Hearings, William Lee, Anita Krug

All Faculty Scholarship

In Markman v. Westview Instruments, Inc., the Supreme Court held that the interpretation of patent claims is a question of law to be determined by the court rather than a question of fact to be decided by the jury. The Court based its holding on the belief that judges are better suited than juries to address claim interpretation issues and that claim interpretation by the court would result in greater uniformity in the treatment of patents. The Markman decision, however, has confronted the district courts with a host of thorny questions, such as what evidence they may consider in their …

Environmental Law In Third World Countries: Can It Be Enforced By Other Countries?, Pam Slater

ILSA Journal of International & Comparative Law

As Third World countries' develop into more industrialized countries, they face numerous problems relating to their social, economic and political development.

Advances In Cross-Border Insolvency Cooperation: The Uncitral Model Law On Cross-Border Insolvency, Ronald J. Silverman

ILSA Journal of International & Comparative Law

International insolvencies have proliferated in the past decade, but the law of international insolvency has not kept pace.

Innovations In Forestry: Funding Forest Plans, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

1 folded sheet (6 p : ill..) ; 28 cm

When Federal Law Is Also State Law: The Implications For State Constitutional Law Methodology Of Footnote 7 In Commonwealth V. Matos, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Breaking The Most Vulnerable Branch: Do Rising Threats To Judicial Independence Preclude Due Process In Capital Cases?, Penny White

Scholarly Works

We have been asked this morning to address whether the attacks on the judiciary and the efforts of politicians to change the judiciary so it will do things the politicians want it to do are affecting due process in capital cases. The answer to that question is yes.

In the many states where judges are elected, judges are vulnerable to being voted off the bench for unpopular decisions. Two members of this panel, Charles Baird and Penny White, were voted off courts because of their votes in capital cases. State judges who are subject to elections know that casting any …