Law Commons^™

Urinalysis Drug Testing Of Employees At Will: The Need For Mandatory Standards, Shane J. Osowski

Northern Illinois University Law Review

This comment examines the existing practice of urinalysis drug testing of employees at will. The comment focuses on the large amount of discretion that private employers currently have, and the potential ramifications that abuse of this discretion can have on employees. A recommendation is made to enact uniform federal legislation and apply existing federal employer guidelines to private employers as well.

The Battle Over The Rewrite Of Illinois' Telecommunications Law: Is More Reform Needed?, James M. Fink

Northern Illinois University Law Review

On May 15, 1992, the section of the Illinois Public Utilities Act dealing with telecommunications regulation expires. The Illinois General Assembly will either have to renew the current telecommunications law as is, or modify it. The imminent rewrite of the telecommunications law has created a great deal of controversy.

From “Cases” To “Litigation”, Judith Resnik

Law and Contemporary Problems

Changes in attitude and practice about the propriety of resolving cases in groups as part of one litigation are documented. The aggregation of civil cases is discussed.

Aggregating Litigation, Ralph K. Winter

Law and Contemporary Problems

A comment on Judith Resnik's article on the aggregation of civil cases is presented. The goals of aggregating litigation and the very circumstances in which aggregation works best in achieving those goals are discussed. The aggregation of personal injury cases is also discussed.

“Users United”: The Civil Justice Reform Act Of 1990, Jeffrey J. Peck

Law and Contemporary Problems

The implementation of the Civil Justice Reform Act of 1990, a law designed to improve the management of the civil justice system, is discussed. The substantive components of the law and the process that led to its enactment are addressed.

Medical Experts And The Ghost Of Galileo, Peter Huber

Law and Contemporary Problems

The law and science of traumatic cancer and cerebral palsy are discussed in the context of rules of evidence that are concerned with the testimony of medical experts in court. An evidentiary fallacy is demonstrated using the scientific expertise of the scientist Galileo as an example.

Science In The Court: Is There A Role For Alternative Dispute Resolution, Deborah R. Hensler

Law and Contemporary Problems

It is suggested that alternative dispute resolution procedures might remedy perceived problems in court procedures for dealing with scientific questions in medical malpractice, product liability and toxic tort litigation.

The Effects Of Fee Shifting On The Settlement Rate: Theoretical Observations On Costs, Conflicts, And Contingency Fees, John J. Donohue Iii

Law and Contemporary Problems

Litigation costs could be conceived as a bribe to parties to reach a contractual agreement settling their dispute. The question of what effect fee-shifting rules might have on the rate of settlements in lawsuits is examined.

Comment On Donohue, Danny Boggs

Law and Contemporary Problems

A comment on John J. Donohue III's article on the effects of fee-shifting rules on the rate of settlements in lawsuits is presented. The article bears out the idea that something may work fine in practice but it remains to be proven if it will work in theory.

Mass Justice: The Limited And Unlimited Power Of Courts, Mark A. Peterson, Molly Selvin

Law and Contemporary Problems

The role of courts in mass tort litigation is examined. The courts' interests in such cases, the power that courts have to aggregate claims, limits on that power and the flexibility that courts have to get around limits are discussed. Ways that courts' interests in resolving mass tort litigation interfere with judicial promulgation and consistent application of legal rules are also discussed.

Approaching Aliens: A Plea For Jurisprudential Recovery As A Theoretical Introduction To (Ex)Socialist Legal Systems, Ivan L. Padjen

Dalhousie Law Journal

It might be wise to stop here. Even a reader who is sympathetic to jurisprudential imagination must regard the communicable part of my title with considerable misgiving. For he or she can hardly be unaware of the double jeopardy in which the general theorist of law places himself when dealing with socialist legal systems. The first has been aptly described by Alasdair MacIntyre in his parable of a man who aspired to be the author of the general theory of holes.' The moral of the story, that the concept of a hole is a poor foundation for a general theory …

Abortion Law In Canada: A Matter Of National Concern, Moira Mcconnell, Lorenne Clark

Dalhousie Law Journal

Canada's newest abortion legislation, embodied in Bill C-43, was defeated in the Senate on January 31st, 1991. The Bill sought to remedy the state of "lawlessness" which has existed respecting abortion ever since the decision reached by the Supreme Court of Canada in R. v. Morgentaler in January, 1988. However, this determination is incorrect. The law is quite clear: there is no criminal prohibition against abortion in Canada. This follows directly from the Court's holding in the Morgentaler decision that the old law, s. 287 (formerly s.251) of the Criminal Code, infringed a woman's right to security and liberty of …

La Preuve, Les Techniques Modernes Et Le Respect Des Valeurs Fondamentales, Wafe Maclauchlan

Dalhousie Law Journal

In La preuve, les techniques modernes et le respect des valeurs fondamentales, Professor Pierre Patenaude has produced a scholarly and practical inquiry into the question of how law responds to science. This book raises questions of the gathering, the admissibility and the reliability of evidence through modem techniques such as electronic surveillance, breathalyzer tests, lie detectors, radar, the administration of truthinducing drugs, and hypnosis. It combines a thoughtful examination of values underlying the law of evidence with an introduction to the complexities and the frailities of scientific investigative techniques.

The Nova Lawyer, Spring 1991, Volume 5, Number 1, Nova University Shepard Broad Law Center

Nova Lawyer

No abstract provided.

Textualism, Constitutionalism, And Federal Statutes, Jerry L. Mashaw

William & Mary Law Review

No abstract provided.

One Year After Blackwell Many Questions Still Exist, Bruce Ledewitz

Ledewitz Papers

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

Habeas Corpus As A Safety Valve For Innocence, Bruce Ledewitz

Ledewitz Papers

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

The Morality Of Capital Punishment: An Exchange, Bruce Ledewitz

Ledewitz Papers

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

A Thousand Points Of Ambiguity, Bruce Berner

Law Faculty Publications

No abstract provided.

Dear Boss: A Law Clerk's Tribute To Justice Brennan, E. Joshua Rosenkranz

Nova Law Review

Dear Boss,

An unfamiliar voice on my answering machine was the first to tell

me you retired.

Sources Of Injustice In Death Penalty Practice, Bruce Ledewitz

Ledewitz Papers

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

Recent Developments In Civil Rights, Ivan E. Bodensteiner

Law Faculty Publications

One of the most significant developments in civil rights litigation is the expansion of immunity doctrines. Even though immunity is not mentioned in 42 U.S.C. § 1983, the United States Supreme Court has given some governmental officials the benefit of a qualified immunity from damages, and other officials an absolute immunity from damages.

The Challenge Of, And Judicial Response To, Environmental Provisions In State Constitutions, Bruce Ledewitz

Ledewitz Papers

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

Love And Chicken Soup For Free: Goldstein's Mother-Love And Abortion, Elizabeth B. Clark

Publications

In 1904 the Carnegie Hero Fund Commission set out its criteria for awarding medals for heroism: an unpaid actor must have voluntarily risked life and limb to rescue a victim to whom he or she was unrelated by any family tie. Such behavior toward family members was expected. In these days of perilous family life the performance of obligations associated with ongoing family relations is no longer taken for granted but has taken on new, heroic dimensions. The volunteer mother, who renders her services to her child amply and without reward, is the hero of Robert Goldstein's new book, Mother-Love …

The True Sale Of Loans And The Role Of Recourse, Thomas E. Plank

Scholarly Works

No abstract provided.

The Morality Of Capital Punishment: An Exchange, Bruce Ledewitz

Ledewitz Papers

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

Substantive Criminal Law, Pamela Cole Bell

Nova Law Review

In Stall v. State,1 the Florida Supreme Court addressed the issue

of whether prosecution under Florida's Racketeer Influenced and Corrupt

Organization (RICO) Act,2 predicated upon violations of Florida's

obscenity statute,3 violates the Florida constitutional right to privacy

Dedication

St. Thomas Law Review

In recognition of the support she has given to the development of the St. Thomas Law Review, the Board of Editors is proud to dedicate this issue to Dean Jacqueline Allee. Dean Allee has always encouraged the growth of this publication with her guidance and understanding. Furthermore, Dean Allee's outstanding efforts in building the law school program at St. Thomas University have set the stage for the growth of a superior legal academic environment. The staff and editors of the St. Thomas Law Review thank Dean Allee for all that she has done for us and acknowledge that we would …

Cracking Down On The Trade In Child Pornography And Pornography For Children: More Prosecutions, Stiffer Sentences And Now, After Osborne V. Ohio, No Place To Hide, Harvey L. Zuckman

St. Thomas Law Review

The life of the child pornographer, while never easy, became increasingly difficult in the 1980s when the federal and state governments cast their full attention on these exploiters of children and their pedophiliac customers. This article will review the law in this area, the legislative and judicial process by which the federal and state government have attempted to stamp out the trade in child pornography particularly in the past decade and the first decision of the Supreme Court in this new decade making it more difficult than ever to store, handle and move such material, even surrepticiously.

National Security And The Disparate Impact Of Free Speech Rules, Frederick Schauer

St. Thomas Law Review

In addressing questions of censorship, including commonly neglected ones of what censorship is and what is wrong with it, I want to focus on the issues raised by censorship in the context of war, national security, and national defense. Here more than in other areas the debates about censorship are particularly strident, and here also it turns out that who is saying what about censorship often says as much about the speaker as about the activity complained of. More specifically, various free speech and free press principles not only serve to allocate power between government and speaker, but also allocate …