Law Commons^™

The Case For Expanded Illinois Insurance Producer Duties, Michael Schag

Northern Illinois University Law Review

In his article, the author argues that current industry practices and consumer expectations justify the expansion of the duties owed by insurance producers to their clients. Specifically, he proposes that courts should become more vigilant in holding producers accountable for failing to inquire broadly into the consumer's insurance needs and for failing to properly advise the consumer regarding pertinent coverage areas.

The Unconventional Equal Protection Jurisprudence Of Jury Selection, Joel H. Swift

Northern Illinois University Law Review

This article traces the development of equal protection jurisprudence as it has been applied to one aspect of the criminal justice system, to wit, selection of juries. It demonstrates that the United States Supreme Court's approach has been inconsistent with conventional equal protection doctrine in two ways. Unlike conventional doctrine, which requires proof of subjective intent to discriminate to make out a prima facie case, the Court has found that the mere use of a jury selection process that has a proven statistically disparate negative impact on the selection of African-American jurors is sufficient to establish a prima facie violation …

The Problem Of Federal-Private Split Mineral Estates: Who Has Control?, David B. Shaver, Andrew C. Mergen, Scott W. Hardt, University Of Colorado Boulder. Natural Resources Law Center

The Problem of Federal-Private Split Mineral Estates: Who Has Control? (April 23)

19 pages.

Includes footnotes.

Collection of 3 papers presented at the Hot Topics in Natural Resources Law program held on April 23, 1996.

Contents: National Park Service regulation of private mineral estates / David B. Shaver -- Recent litigation regarding federal split estates : who has control? what are the limits? / Andrew C. Mergen -- The problem of federal-private split mineral estates / Scott W. Hardt

Many federally owned lands overlie privately owned oil and gas and mineral rights. Increasingly, the competition between agency multiple use directives and private interests in resource development has resulted in legal battles between …

At War: Narrative Tactics In The Citadel And Vmi Litigation, Valorie K. Vojdik

Scholarly Works

No abstract provided.

Yesterday's Vision, Tomorrow's Challenge: Case Management And Alternative Dispute Resolution In Tennessee, Penny White

Scholarly Works

No abstract provided.

The Constitutional Limits Of Bankruptcy, Thomas E. Plank

Scholarly Works

No abstract provided.

Air Quality And Transportation On Colorado's Front Range: Taking Responsibility For Difficult Choices, Wade Buchanan, David A. Pampu, Christine Lipaj Shaver, University Of Colorado Boulder. Natural Resources Law Center

Air Quality and Transportation on Colorado's Front Range: Taking Responsibility for Difficult Choices (March 12)

15 pages.

Collection of 3 papers presented at the Hot Topics in Natural Resources Law program held on March 12, 1996.

Includes biographical information for Wade Buchanan, David A. Pampu, and Christine Lipaj Shaver.

With communities along Colorado's Front Range continuing to grow at a rapid rate, government, private businesses and citizens are faced with difficult choices concerning air quality and transportation. Can we control the "brown cloud" and increasing congestion on our roads and freeways? What decisions and sacrifices must be made, and who will take responsibility for them? Wade Buchanan, Chairman of the Regional Air Quality Council (RAQC), …

State V. Tilson, Penny White

Scholarly Works

No abstract provided.

The Nova Southeastern Lawyer, 1996, Volume 10, Number 1, Nova Southeastern University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.

International Law And Land Mines, Joerg Wimmers

ILSA Journal of International & Comparative Law

The Review Conference in Vienna' has failed to adopt a revised Convention due to unbridgeable differences among delegations on a strengthened Protocol II of the Convention (Land Mine Protocol). Almost all important provisions of the Protocol were contentious and a number of delegations showed very limited room to move toward a compromise.

Mid-Atlantic Ethics Committee Newsletter, Winter 1996

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Asimov Goes To Law School, Bruce Ledewitz

Ledewitz Papers

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

Judicial Courage And Judicial Independence, Penny White

Scholarly Works

No abstract provided.

The Internet For Legal Information: The U.S. Experience, Scott Childs

Scholarly Works

No abstract provided.

The Essential Elements Of Judicial Independence And The Experience Of Pre-Soviet Russia, Thomas E. Plank

Scholarly Works

No abstract provided.

Corporate Fiduciary Principles For The Post-Contractarian Era, Rutheford B. Campbell Jr.

Law Faculty Scholarly Articles

The impact of the law and economics movement on legal scholarship, legal analysis, and, ultimately, on the rules under which our society operates is substantial. The proponents of this movement ("Contractarians") articulate their positions skillfully and apply their principles broadly across the entire spectrum of our laws, including, of course, the area of corporate law.

The purpose of this Article is to propose, explain, and defend broad and unifying principles to guide the development of fiduciary duties of corporate managers in the post-Contractarian period. These principles are based on Pareto criteria, which are demonstrably appealing to society and provide workable …

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 8, Issue 2, Winter 1996.

Step Up Or Step Out: Unwed Fathers' Parental Rights Post-Doe And E. A. W., John E. Fennelly

St. Thomas Law Review

The issue of parental rights for unwed fathers continues to generate confusion and controversy. The United States Supreme Court, following an initial period of expansion, has reduced its constitutional oversight of state domestic relations law. This reduction has produced a dynamic redefinition of the parental rights of unwed fathers. Uncertainties, as reflected in recent Florida appellate decisions, remain. This Article will first trace the initial expansion and contraction of federal oversight into the area of parental rights. The Article will then explore the redefinition of these rights as developed by several state jurisdictions. Next, recent Florida developments that demonstrate that …

Carpooling On The Information Superhighway: The Case For Newspaper-Television Cross-Ownership, Lorna H. Veraldi

St. Thomas Law Review

No abstract provided.

Who Is Liable For On-Line Libel?, Richard P. Hermann Ii

St. Thomas Law Review

This Comment examines the precedent-setting decision of Stratton, and explores the question of legal liability for users and operators in the new, narrowly defined, on-line environment. More importantly, this Comment points out how traditional tort principles transcend the boundaries of the physical world and find their application in the intangible on-line environment. Part II of this Comment outlines the basic requirements necessary to understand this ethereal environment in the macro context of cyberspace and the micro context of computer bulletin boards. Part III provides an explanation of Stratton. Part IV analyzes the Stratton opinion, demonstrating how traditional legal maxims are …

The Myth Of Market Power: Why Market Power Should Not Be Presumed When Applying Antitrust Principles To The Analysis Of Tying Agreements Involving Intellectual Property, Russell Lombardy

St. Thomas Law Review

This Comment will illustrate one of the many tensions occurring at the fault line of intersection between intellectual property law and antitrust law. This tension derives from the presumption of market power as it has been applied by the courts to the ownership of property protected by intellectual property law. The area where the effects of this presumption are the most apparent is in antitrust litigation involving "tied" products. A policy that recognizes the differences between intellectual property and other forms of property as they pertain to antitrust law and competitiveness is needed. This Comment asserts that this policy should …

The Fungusamongus: Sick Building Survival Guide, Robert E. Geisler

St. Thomas Law Review

No abstract provided.

Florida's Comprehensive Medical Malpractice Reform Act: Is It Time For A Change, Jessica Fonseca-Nader

St. Thomas Law Review

This Comment will focus on a review of the Act, its intended purposes and goals, and its effects on medical malpractice. I attempt to show that the benefits, if any, which have resulted from the Act are not worth the adverse effects the statute has had on seriously injured plaintiffs. Part II discusses the history of the Act, focusing on the constitutional challenges and modifications the Act has met and often overcome. Part III is an analysis regarding what a medical malpractice claimant must overcome to bring an action against the wrongdoer. In addition, I address pertinent sections of the …

The Impact Of United States V. Lopez Upon Selected Firearms Provisions Of Title 18 U.S.C. 922, Carlo D'Angelo

St. Thomas Law Review

This Note will examine the Court's holding in Lopez and discuss how it may impact jurisdiction over other selected federal firearm statutes. Part I traces the development of the Interstate Commerce Clause through a brief analysis of its history. Part II discusses the Supreme Court's majority holding in Lopez, while Part III analyzes the holding's possible impact upon other selected federal firearm statutes.

The President's Welcome Address, Franklyn M. Casale

St. Thomas Law Review

No abstract provided.

Welcoming Remarks, Daniel Morrissey

St. Thomas Law Review

No abstract provided.

International Law And The Inner Worlds Of Others, W. Michael Reisman

St. Thomas Law Review

No abstract provided.

Legal Ethics And The Struggle Of Native Americans, Harry Lee Anstead

St. Thomas Law Review

No abstract provided.

Environmental Rights And Indigenous Wrongs, Mahnoush H. Arsanjani

St. Thomas Law Review

The early writers of international law were environmentally literate. Grotius, for example, in his great novel, The Law of War and Peace, prohibited certain potentially advantageous tactics because of their long-term environmental costs. But, the early writers lived in a preindustrial era, where it was reasonable to design a public order based on maximum access and use, and minimum regulation. After all, no matter how many wind driven ships sailed the ocean surface, the ocean would not "wear out." The industrial revolution irrevocably changed that reality. International concern about the protection of the environment began to take political form and …

Hozho Nahasdlii--We Are Now In Good Relations: Navajo Restorative Justice, Robert Yazzie

St. Thomas Law Review

Having illustrated American adjudication in a Western-style police model of justice, this essay will focus on Navajo justice concepts. It will show why, aside from the breakdown of police and social-work models within the Western-styled justice system, many Navajos prefer their traditional system of justice. As will be shown, the Navajo system of justice is based upon discussion, consensus, relative need, and healing. It is "restorative justice," which puts people in good relations with each other, and in continuing relationships. The Navajo system is "horizontal" or egalitarian law. It is illustrated as a circle where everyone is equal. In contrast, …