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Articles 5461 - 5490 of 6238

Full-Text Articles in Law

Copyright, Paul Goldstein Apr 1992

Copyright, Paul Goldstein

Law and Contemporary Problems

The purpose of copyright laws is discussed. Copyright is essentially about protecting the autonomy of authors.


Congressman Robert Kastenmeier And Professor John Stedman: A Thirty-Five Year Relationship, John A. Kidwell Apr 1992

Congressman Robert Kastenmeier And Professor John Stedman: A Thirty-Five Year Relationship, John A. Kidwell

Law and Contemporary Problems

The professional relationship between Congressman Robert Kastenmeier and law professor John Stedman is discussed. John Stedman was a positive influence on Kastenmeier's thinking on patent and copyright issues.


The Tell-Tale “Heart”: Determining “Fair” Use Of Unpublished Texts, Karen Burke Lefevre Apr 1992

The Tell-Tale “Heart”: Determining “Fair” Use Of Unpublished Texts, Karen Burke Lefevre

Law and Contemporary Problems

Copyright laws require that courts consider at least four factors in determining whether a quotation or close paraphrase of another's unpublished work without permission falls under "fair use." Several cases involving "fairuse" are discussed.


Copyright And Information Policy, Jessica Litman Apr 1992

Copyright And Information Policy, Jessica Litman

Law and Contemporary Problems

The basic principle that copyright protects neither ideas nor information has eroded recently. Recent court decisions and government policies that expand copyright laws are discussed.


Understanding Fair Use, L. Ray Patterson Apr 1992

Understanding Fair Use, L. Ray Patterson

Law and Contemporary Problems

Prior to creation of the fair use doctrine, an author had a limited right to use another author's copyright. The origin of the fair use doctrine is examined.


Environmental Litigation And Rule 11, Carl Tobias Feb 1992

Environmental Litigation And Rule 11, Carl Tobias

William & Mary Law Review

No abstract provided.


Butterfly Effects: The Possibilities Of Law Teaching In A Democracy, Paul D. Carrington Feb 1992

Butterfly Effects: The Possibilities Of Law Teaching In A Democracy, Paul D. Carrington

Duke Law Journal

No abstract provided.


The Nova Lawyer, Winter 1992, Volume 6, Number 1, Nova University - Shepard Broad Law Center Jan 1992

The Nova Lawyer, Winter 1992, Volume 6, Number 1, Nova University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.


International Human Rights Law In U.S. Courts, Richard B. Lillich Jan 1992

International Human Rights Law In U.S. Courts, Richard B. Lillich

Florida State University Journal of Transnational Law & Policy

Although, as Professor Bilder rightly observes, "[ijnternational human rights law is derived from a variety of sources and involves many kinds of materials, both international and national, it is to national law that one must look first to determine the scope and content of the human rights recognized and protected in any country. Domestic courts confronted with human rights claims initially refer to national constitutions, laws, decrees, regulations, court and administrative decisions, and policy pronouncements for relevant rules of decision. Increasingly, however, domestic courts also are taking international human rights law into account in deciding cases. The purpose of this …


North American Free Trade Agreement: The Public Debate, Fran Ansley Jan 1992

North American Free Trade Agreement: The Public Debate, Fran Ansley

Scholarly Works

No abstract provided.


U.S.-Mexico Free Trade From The Bottom: A Postcard From The Border, Fran Ansley Jan 1992

U.S.-Mexico Free Trade From The Bottom: A Postcard From The Border, Fran Ansley

Scholarly Works

No abstract provided.


Liability Of Blood Banks For The Transmission Of Hiv-Aids, Martin B. Kofsky Jan 1992

Liability Of Blood Banks For The Transmission Of Hiv-Aids, Martin B. Kofsky

St. Thomas Law Review

This article focuses on cases of HIV transmission arising from blood transfusions. This article specifically details and describes the effect of blood shield statutes upon HIV-AIDS litigation and the appropriate standard of care to which a blood bank or similar entity should be held. Finally, the impact of the standard of care in conjunction with blood shield statutes on negligence actions arising from the transmission of the virus through blood transfusions will be examined. Although only two to three percent of all HIV-AIDS transmission cases are attributable to transfusion, the bulk of the litigation with respect to HIV-AIDS transmission is …


The Jury Trial In The Criminal Context: The Link Between The Defendant And The Community, Alfredo Garcia Jan 1992

The Jury Trial In The Criminal Context: The Link Between The Defendant And The Community, Alfredo Garcia

St. Thomas Law Review

No abstract provided.


Front Matter Jan 1992

Front Matter

St. Thomas Law Review

Front Matter includes Masthead, and Table of Contents for St. Thomas Law Review Volume 5, Issue 1, Fall 1992.


The Hazelwood Hazard: Litigating And Legislating In The State Domain When Federal Avenues Are Closed, Alexander Wohl Jan 1992

The Hazelwood Hazard: Litigating And Legislating In The State Domain When Federal Avenues Are Closed, Alexander Wohl

St. Thomas Law Review

The focus of this article is to move the awareness of the ability to expand individual rights in the state domain one step further, into the legislative arena; to examine efforts to overcome judicial restrictions under the United States Constitution not simply through an increased use of state judicial remedies but, in instances where that option may fall short or may not be the best alternative, through action in the individual state legislatures. As a means of studying this procedure, this article will focus on a particular Supreme Court decision that limited a previously existing right under the Bill of …


The Case Of The Bogus Ballot Summary: Grose V. Firestone, Thomas C. Marks Jan 1992

The Case Of The Bogus Ballot Summary: Grose V. Firestone, Thomas C. Marks

St. Thomas Law Review

No abstract provided.


Failed Or Uneven Discourse Of State Constitutionalism: Governmental Structure And State Constitutions, Jeffrey A. Parness Jan 1992

Failed Or Uneven Discourse Of State Constitutionalism: Governmental Structure And State Constitutions, Jeffrey A. Parness

St. Thomas Law Review

In his recent article in the Michigan Law Review, entitled "The Failed Discourse of State Constitutionalism," Professor James A. Gardner examines the responses to Justice Brennan's invitation to state high courts "to seize control of the protection of constitutional rights by looking to state constitutions as potentially more generous guarantors of individual rights than the U.S. Constitution." He finds the responses in the "voluminous body of commentary" by "distinguished state jurists" and "prolific academics" to be "extraordinarily optimistic about the prospects for state constitutional law ... not only to meet J u s t i c e Brennan's challenge, but …


Bearing Arms In State Bills Of Rights, Judicial Interpretation, And Public Housing, Robert Dowlut Jan 1992

Bearing Arms In State Bills Of Rights, Judicial Interpretation, And Public Housing, Robert Dowlut

St. Thomas Law Review

This article will review how state courts interpret state constitutional guarantees to arms, address the refusal by some courts to apply established rules on the interpretation of constitutional guarantees to arms cases, and examine discriminatory firearm bans in public housing.


The Cocaine Addicted Lawyer And The Disciplinary System, Raymond P. O'Keefe Jan 1992

The Cocaine Addicted Lawyer And The Disciplinary System, Raymond P. O'Keefe

St. Thomas Law Review

This article will discuss cocaine addiction within the legal profession and its impact upon individual attorneys, clients, and the profession as a whole. It discusses different approaches that have been taken in Bar disciplinary proceedings and the need for professional sanctioning bodies to accept cocaine addiction as a disease, and recovery from it as a mitigating factor. It argues that admitting evidence of addiction and recovery as mitigation best serves the goals of the disciplinary proceeding, which are to 1) protect the public, 2) maintain the integrity of the legal profession,. and 3) preserve public confidence in the legal profession. …


Capital Punishment And Equal Protection: Constitutional Problems, Race And The Death Penalty, Stan Robin Gregory Jan 1992

Capital Punishment And Equal Protection: Constitutional Problems, Race And The Death Penalty, Stan Robin Gregory

St. Thomas Law Review

This comment will (i) demonstrate that black defendants as well as black victims in death penalty cases, are not equally protected under the Fourteenth Amendment of the Constitution and (ii) propose a solution to provide blacks equal protection, as contemplated by the framers of the United States Constitution, when they face execution. This comment is not intended to present the argument that a death row inmate should share the same equal protection with that of law abiding citizens. Rather, this comment stands for the proposition that as a group, all death row inmates should be equally protected regardless of race.


Front Matter Jan 1992

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 4, Issue 1, 1992.


In Memory Of The Honorable Eugene Paul Spellman, Dexter Douglass Jan 1992

In Memory Of The Honorable Eugene Paul Spellman, Dexter Douglass

St. Thomas Law Review

This excerpt is taken from the eulogy delivered at the memorial service for Judge Spellman, on May 8, 1991, at the Church of the Little Flower in Coral Gables, Florida.


Taxation Of Notional Principal Contracts: Implications For U. S. Persons, Myra J. Schlosberg Jan 1992

Taxation Of Notional Principal Contracts: Implications For U. S. Persons, Myra J. Schlosberg

St. Thomas Law Review

This article will critically analyze current U.S. tax treatment of NPCs used in the ordinary course of business as asset and liability management tools. Examples are used to illustrate the principles stated within the article. The focus will be to suggest a rational and coherent tax treatment based on two tenets. First, a policy which treats similar financial instruments in a consistent manner should be adopted to avoid anomalous or tax favored results. This would address the intuitive sense amongst legislative and administrative tax authorities, as well as tax practitioners, that an efficient and equitable tax system should tax economically …


Hiv-Aids And Governmental Control Of Information: International Denial Of Human Rights, Michael L. Closent, Scott H. Isaacman Jan 1992

Hiv-Aids And Governmental Control Of Information: International Denial Of Human Rights, Michael L. Closent, Scott H. Isaacman

St. Thomas Law Review

This article will identify two significant failures in the efforts to effectively combat the HIV-AIDS pandemic. Both problems deal with the collection and dissemination of HIV-AIDS information. The first topic of concern is what we call the AIDS "name game." The definition of AIDS varies from country to country and changes from time to time within a single country, with substantial negative consequences. In addition, too much attention is focused upon AIDS rather than upon HIVAIDS (or HIV infection). Secondly, the underreporting of HIV-AIDS is a serious problem resulting in the denial of important human rights to hundreds of thousands …


The Fourteenth Amendment: Original Intent And Modern Possibility, Donald E. Lively Jan 1992

The Fourteenth Amendment: Original Intent And Modern Possibility, Donald E. Lively

St. Thomas Law Review

This essay is derived in part from the author's book THE CONSTITUTION AND RACE (1992). Copyright 1992 by Donald E. Lively.


European Unity In The Nineties--A Mirage, Thomas Opperman Jan 1992

European Unity In The Nineties--A Mirage, Thomas Opperman

St. Thomas Law Review

Thank you for the honor of presenting the 1991 St. Thomas Distinguished Lecture in Law. I accepted your kind invitation with great pleasure. You may not be aware of the fact, but I flatter myself to be one of the closest observers of St. Thomas University School of Law in Germany because I receive regular information about you from my very good friend Professor Siegfried Wiessner, an alumnus of our Law School at Eberhard Karls University in Tiibingen, Germany. Seeing him in the audience, I definitely feel at home. The subject of my lecture is the prospect of European unity …


Say It Ain't So, Lewis--The Agony Of A New Legal Method Professor, James F. Kagan Jr. Jan 1992

Say It Ain't So, Lewis--The Agony Of A New Legal Method Professor, James F. Kagan Jr.

St. Thomas Law Review

No abstract provided.


Should Defense Counsel Interview Plaintiffs' Treating Physician Ex Parte: Physician-Patient Privilege V. Discovery, Diane Davis Jan 1992

Should Defense Counsel Interview Plaintiffs' Treating Physician Ex Parte: Physician-Patient Privilege V. Discovery, Diane Davis

St. Thomas Law Review

This article first discusses the physician's ethical and legal obligations towards the patient and society. Second, it explores cases in which a patient's right to claim the physician-patient privilege was at issue, and why courts permitted or prohibited ex parte interviews. The article concludes that the courts prohibiting ex parte interviews of treating physicians reach the proper result based on the public policy favoring the physician-patient privilege.


Introduction, Sherrie Cohen Jan 1992

Introduction, Sherrie Cohen

St. Thomas Law Review

This symposium issue entitled The 1990s: A New Jurisprudence Emerges was announced in the wake of the election of a new administration in the Fall of 1992. We believed that moment presented an opportune time to explore new policy directions and creative jurisprudential approaches to recurring and emerging conflicts within our nation's social and economic life. Our Call for Papers set forth our quest: What are 'the emerging issues and challenges facing a new jurisprudence of the 1990s? The diversity of responses we received reflects the range of issues in which our nation and our jurisprudence must engage in the …


The State And Federal Religion Clauses: Differences Of Degree And Kind, Neil Mccabe Jan 1992

The State And Federal Religion Clauses: Differences Of Degree And Kind, Neil Mccabe

St. Thomas Law Review

This article will critically analyze some recent decisions that have recognized greater rights under state constitutions in the area of religious freedom, but it will place more emphasis on the possibility of lesser or different protection under the state constitutions.