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Full-Text Articles in Law

Sanctions And Rewards In The Legal System: A Multidisciplinary Approach, A Wr Carrothers Oct 1990

Sanctions And Rewards In The Legal System: A Multidisciplinary Approach, A Wr Carrothers

Dalhousie Law Journal

This book consists of ten essays on the general theme of effective techniques for controlling and regulating social behaviour. The authors draw on the disciplines of management studies, history and criminology, public policy studies and economics, psychology, anthropology, law, sociology, and political science. They are, collectively, a modern manifestation of Roscoe Pound's concept of law in action as "social engineering".

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Translation As Argument, Mark V. Tushnet Oct 1990

Translation As Argument, Mark V. Tushnet

William & Mary Law Review

No abstract provided.

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Quotations And Actual Malice: Bridging The Gap Between Fact And Fiction, Mark A. Byrd Jul 1990

Quotations And Actual Malice: Bridging The Gap Between Fact And Fiction, Mark A. Byrd

Northern Illinois University Law Review

An overview of libel law is presented as a backdrop for an examination of how the law of libel is applied to purported quotations which are inaccurate. The author discusses the approach which was taken by the Ninth Circuit in Masson v. New Yorker Magazine, and concludes that the court applied an inappropriate test. The comment concludes with a recommendation for an appropriate test for libel when the allegedly libelous material is a purported quotation.

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Domestic Violence In Oceania: Introduction, Dorothy Ayers Counts Jul 1990

Domestic Violence In Oceania: Introduction, Dorothy Ayers Counts

Pacific Studies

No abstract provided.

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Protecting Informational Privacy In The Information Society, George B. Trubow Jul 1990

Protecting Informational Privacy In The Information Society, George B. Trubow

Northern Illinois University Law Review

The ways in which technology has affected the right to privacy, through the mass compilation of personal information in public and private databases, are discussed in this article. Further, it suggests ways in which courts and legislatures should respond to the problems created by such compilations, in order both to protect the right to privacy and to promote the beneficial use of technology.

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The "Inviolate Personality"--Warren And Brandeis After One Hundred Years: Introduction To A Symposium On The Right Of Privacy, Sheldon W. Halpern Jul 1990

The "Inviolate Personality"--Warren And Brandeis After One Hundred Years: Introduction To A Symposium On The Right Of Privacy, Sheldon W. Halpern

Northern Illinois University Law Review

An analytical groundwork for a discussion of the right to privacy, is provided by this introduction. It presents an overview of the other articles which follow, and it provides commentary on the positions of the other authors who have contributed to this symposium.

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Whether Insurers Must Defend Prp Notifications: An Expensive Issue Complicated By Conflicting Court Decisions, Joanna L. Johnson Jul 1990

Whether Insurers Must Defend Prp Notifications: An Expensive Issue Complicated By Conflicting Court Decisions, Joanna L. Johnson

Northern Illinois University Law Review

This comment examines conflicting court interpretations of CGL policy language in the context of Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) Potentially Responsible Party notification defense litigation. The author concludes that the lack of uniformity combined with excessive litigation costs indicate the need for channeling defense conflicts into negotiation.

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Privacy And The Other Miss M, Dorothy Glancy Jul 1990

Privacy And The Other Miss M, Dorothy Glancy

Northern Illinois University Law Review

By contrasting the lawsuits of Marion Manola and Bette Midler, this article demonstrates that the property right, often called the right of publicity, is theoretically based in the right to privacy, as extolled by Warren and Brandeis. The author concludes that it is important to understand the theoretical framework of these rights, and how they fit together, in order to appreciate the reasons for the law's protection of these particular interests.

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Domestic Violence In Oceania: Conclusion, Dorothy Ayers Counts Jul 1990

Domestic Violence In Oceania: Conclusion, Dorothy Ayers Counts

Pacific Studies

No abstract provided.

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Hedonic Damages: Emerging Issue In Personal Injury And Wrongful Death Claims, Gretchen L. Valentine Jul 1990

Hedonic Damages: Emerging Issue In Personal Injury And Wrongful Death Claims, Gretchen L. Valentine

Northern Illinois University Law Review

This comment provides an overview of hedonic damages by reviewing how they have been measured, when they have been awarded, and what objections have been raised to their recovery. The relationship between hedonic damages and more traditional tort damages is considered. This comment concludes that hedonic damages are a distinct form of injury that may be adequately represented and argued to a jury within the categories of disability or pain and suffering in personal injury claims. In addition, this comment urges that limited hedonic damages be awarded to the victim who is deceased or comatose.

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How Privacy Got Its Gender, Anita L. Allen, Erin Mack Jul 1990

How Privacy Got Its Gender, Anita L. Allen, Erin Mack

Northern Illinois University Law Review

This article suggests that the right to privacy, as it was originally described by Warren and Brandeis, reflects their era's gender bias. The authors describe the social, economic and legal background for the original, gender-biased pronouncement of the right, as well as its subsequent development, and how this bias affects legal scholarship in the area today. The authors suggest that legal scholars need to be more sensitive to the gender bias that exists in privacy law, and that alternative analyses which recognize this bias already exist.

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Legacy Of The Warren And Brandeis Article: The Emerging Unencumbered Constitutional Right To Informational Privacy, Richard C. Turkington Jul 1990

Legacy Of The Warren And Brandeis Article: The Emerging Unencumbered Constitutional Right To Informational Privacy, Richard C. Turkington

Northern Illinois University Law Review

The development of the right to privacy into a constitutional right independent of the fourth amendment is examined from its philosophical and jurisprudential bases. The article also explores the application of the constitutional right to dissemination by the government of intimate or personal information.

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Patterson V. Mclean Credit Union: Preventing Backdoor Discrimination Actions Or Closing The Door?, Elsa R. Miller May 1990

Patterson V. Mclean Credit Union: Preventing Backdoor Discrimination Actions Or Closing The Door?, Elsa R. Miller

Northern Illinois University Law Review

This recent United States Supreme Court decision interprets 42 U.S.C. § 1981 as not allowing an action for racial harassment during employment. This note examines the antecedent cases to Patterson along with Congressional actions which appear to indicate a lack of tolerance of racial discrimination in the public and private sectors. The author concludes that Patterson is a step in the wrong direction and calls into question the commitment of the United States Supreme Court to move in the direction of eliminating workplace distinctions based on the race of the worker.

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Hearsay In Illinois: A New Look At Some Old Problems, John E. Corkery May 1990

Hearsay In Illinois: A New Look At Some Old Problems, John E. Corkery

Northern Illinois University Law Review

Based on the premise that the hearsay rule is both fundamental and insufficiently understood, this article discusses the basic principles of this rule of evidence with special emphasis on its application under Illinois law. Both recent and older cases are examined in an attempt to provide guidance to lawyers and judges who deal with these questions.

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The Scope Of The Public Duty/Special Duty Doctrine In Illinois: Municipal Liability For Failure To Provide Police Protection, David A. Aaby May 1990

The Scope Of The Public Duty/Special Duty Doctrine In Illinois: Municipal Liability For Failure To Provide Police Protection, David A. Aaby

Northern Illinois University Law Review

This comment examines the development of the public duty doctrine and its special duty exception. It focuses on Illinois' treatment of the special duty exception and its application in cases involving an alleged failure of a municipality to provide police protection. The author concludes that the "control" element of Illinois' special duty test is overly restrictive, and advocates a balancing approach in its place.

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Beyond Skepticism Foundationalism And The New Fuzziness: The Role Of Wide Reflective Equilibrium In Legal Theory , Robert Justin Lipkin May 1990

Beyond Skepticism Foundationalism And The New Fuzziness: The Role Of Wide Reflective Equilibrium In Legal Theory , Robert Justin Lipkin

Cornell Law Review

No abstract provided.

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Jurisprudence And Judicial Treatment Of The Comments To The Uniform Commercial Code , Sean Michael Hannaway May 1990

Jurisprudence And Judicial Treatment Of The Comments To The Uniform Commercial Code , Sean Michael Hannaway

Cornell Law Review

No abstract provided.

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Of Persons And Property: The Politics Of Legal Taxonomy, David Cohen, Allan C. Hutchinson May 1990

Of Persons And Property: The Politics Of Legal Taxonomy, David Cohen, Allan C. Hutchinson

Dalhousie Law Journal

To talk of law without politics or history is nonsensical. All lawyers must concede that what they do takes place in historical circumstances and has political consequences. Every piece of law-making and law-application is a governmental act; it relies on political authority and claims binding force. Moreover, all legal activity occurs within a particular historical context; it is intended to respond to or influence a past, existing or anticipated state of affairs. This means that the study of law must concern itself with politics and history generally: it must not confine itself to only the politics and history of law. …

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Doorkeepers: Legal Education In The Territories And Alberta, 1885-1928, Peter M. Sibenik May 1990

Doorkeepers: Legal Education In The Territories And Alberta, 1885-1928, Peter M. Sibenik

Dalhousie Law Journal

Legal education has been subjected to greater scrutiny in common law jurisdictions since the publication of Lawyers and the Courts in 1967.2 Most of the recent literature has addressed the issue of who received a legal education and became entitled to practise law. It has also examined how a conservative-minded profession regenerated itself, and whether it equipped new recruits with the proper tools to meet the challenges of a changing society.

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Constitutional Cultures: The Mentality And Consequences Of Judicial Review, Leonard P. Strickman May 1990

Constitutional Cultures: The Mentality And Consequences Of Judicial Review, Leonard P. Strickman

Northern Illinois University Law Review

In this book review, Professor Strickman concludes that, overall, Robert Nagel has produced a thought-provoking book that endorses judicial self-restraint by the United States Supreme Court. Although this review challenges some of Nagel's assertions, Strickman maintains this book should be a valuable addition to the libraries of constitutional law scholars.

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Judicial Procedures In Misdemeanor Domestic Assault Cases--A Model Policy, Beverly Balos, Isabel Gomez May 1990

Judicial Procedures In Misdemeanor Domestic Assault Cases--A Model Policy, Beverly Balos, Isabel Gomez

Northern Illinois University Law Review

Professor Balos and Judge Gomez combine to produce this model policy dealing with domestic assault cases. The foundation of this policy is the result of research comparing jurisdictions requiring varying degrees of police intervention and court involvement in such cases. The authors conclude that a policy, such as the one proposed here, which mandates arrest of the perpetrator in addition to requiring various police and court procedures is most effective in protecting the rights of the victim as well as the defendant.

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Law And Information--A Review Of The Electronic Media And The Transformation Of Law, Stephen M. Barkan May 1990

Law And Information--A Review Of The Electronic Media And The Transformation Of Law, Stephen M. Barkan

Northern Illinois University Law Review

Professor Barkan critiques the recent work of M. Ethan Katsh and concludes it is a worthy comment and analysis of the often ignored topic of law and information. Professor Barkan takes issue with some of the basic theses in the book but overall finds it to provide some intriguing insights and arguments.

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The Bankruptcy Code Requirement Of Compliance With Lease Obligations--Does "All" Mean Everything?, Glenn F. Schmitt May 1990

The Bankruptcy Code Requirement Of Compliance With Lease Obligations--Does "All" Mean Everything?, Glenn F. Schmitt

Northern Illinois University Law Review

This article considers the intent of Congress in Bankruptcy Code section 365(d)(3) as it affects the rights of shopping center lessors vis-d-vis their tenants who seek bankruptcy protection. The author concludes the Section should be broadly applied to require such tenants to fully comply with the terms of their leases.

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Work For Hire After Ccnv V. Reid: Adequacy Of Protection For Artists And Extent Of The Doctrine's Applicability To Software Developers, Sheila M. Heitke May 1990

Work For Hire After Ccnv V. Reid: Adequacy Of Protection For Artists And Extent Of The Doctrine's Applicability To Software Developers, Sheila M. Heitke

Northern Illinois University Law Review

This note examines the United States Supreme Court's decision which set forth the proper analysis for resolving copyright disputes involving the work for hire doctrine. The Court concluded a "literal interpretation" of the governing statute was appropriate. The author contends the literal interpretation, now to be applied by all courts deciding work for hire issues, provides a uniform standard as well as predictability--two paramount objectives of copyright law.

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The Conflict Concerning Expert Witness And Legal Conclusions, Charles W. Ehrhardt Apr 1990

The Conflict Concerning Expert Witness And Legal Conclusions, Charles W. Ehrhardt

Scholarly Publications

No abstract provided.

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Humor, Defamation And Intentional Infliction Of Emotional Distress: The Potential Predicament For Private Figure Plaintiffs, Catherine L. Amspacher, Randel Steven Springer Apr 1990

Humor, Defamation And Intentional Infliction Of Emotional Distress: The Potential Predicament For Private Figure Plaintiffs, Catherine L. Amspacher, Randel Steven Springer

William & Mary Law Review

No abstract provided.

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Courts Busy With Challenges To Pennsylvania's Insurance Laws, Bruce Ledewitz Mar 1990

Courts Busy With Challenges To Pennsylvania's Insurance Laws, Bruce Ledewitz

Ledewitz Papers

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

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Court Lifts Amortization Ban On Pa. Non-Conforming Uses, Bruce Ledewitz Jan 1990

Court Lifts Amortization Ban On Pa. Non-Conforming Uses, Bruce Ledewitz

Ledewitz Papers

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

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Civil Disobedience, Injunctions, And The First Amendment, Bruce Ledewitz Jan 1990

Civil Disobedience, Injunctions, And The First Amendment, Bruce Ledewitz

Ledewitz Papers

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

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The Federal Transfer Tax Consequences Of Joint And Mutual Wills, Amy Morris Hess Jan 1990

The Federal Transfer Tax Consequences Of Joint And Mutual Wills, Amy Morris Hess

Scholarly Works

No abstract provided.

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