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Articles 5731 - 5760 of 6238

Full-Text Articles in Law

Is '88 Supreme Court Election Permissible Under Pa. Law?, Bruce Ledewitz May 1988

Is '88 Supreme Court Election Permissible Under Pa. Law?, Bruce Ledewitz

Ledewitz Papers

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

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The "Soft" Existing Legal Protection Of Software And The Preemption Of State Shrink-Wrap License Enforcement Acts, Michael W. Mihm May 1988

The "Soft" Existing Legal Protection Of Software And The Preemption Of State Shrink-Wrap License Enforcement Acts, Michael W. Mihm

Northern Illinois University Law Review

This Note presents an overview of the existing legal means of protecting proprietary interests in computer software that are perceived as inadequate by the software industry. An analysis of Vault v. Quaid follows, and this Note concludes that current state-enacted shrink-wrap license enforcement acts that would supplement the existing legal means of protecting software from unauthorized copying are preempted by the federal Copyright Act, and thus software developers are left to rely on the remaining, albeit inadequate, means of protection.

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Hostile Corporate Takeovers: History And Overview, Philip N. Hablutzel, David R. Selmer May 1988

Hostile Corporate Takeovers: History And Overview, Philip N. Hablutzel, David R. Selmer

Northern Illinois University Law Review

This Article covers the history of corporate anti-takeover from pre-Williams Act proxy fights, through the Williams Act changes, to first- and second-generation state anti-takeover legislation. The Article also describes and compares anti-takeover legislation with special emphasis on the Indiana statute and the new Delaware statute.

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What Is Wrong With Takeover Legislation, George C. Hook May 1988

What Is Wrong With Takeover Legislation, George C. Hook

Northern Illinois University Law Review

This Article explores the different types of takeover legislation, both state and federal, and outlines the problems and difficulties of each type. The Article also takes a short look at the Model State Control Share Act and concludes that the Model Act does not accomplish what it set out to do.

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Control Share Statutes, Fred Axley, Roberta Blum Stein, Andrew Mccune May 1988

Control Share Statutes, Fred Axley, Roberta Blum Stein, Andrew Mccune

Northern Illinois University Law Review

This Article gives an overview of the different types of anti-takeover legislation, paying particular attention to control share statutes. The Article follows the development of control share statutes and the surrounding litigation in Missouri, Hawaii, Ohio and Indiana. The Article also points to questions that remain unanswered by the CTS decision, and operational problems with current control share statutes.

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Lender Liability Under A Workout Agreement: A View Towards A More Balanced Approach, Jeffrey J. Neppl May 1988

Lender Liability Under A Workout Agreement: A View Towards A More Balanced Approach, Jeffrey J. Neppl

Northern Illinois University Law Review

This Comment discusses the modern trend of workout agreements and the particular difficulties these agreements have given rise to. The Comment discusses the inadequacies of the traditional theories used in lender liability settings and advocates the imposition of a fiduciary relationship in workout agreements where the lender is given control of the operation of the debtor's business.

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The Right To Die In Illinois: A Comprehensive Scheme, David B. Collins May 1988

The Right To Die In Illinois: A Comprehensive Scheme, David B. Collins

Northern Illinois University Law Review

This Comment looks at the difficult issues surrounding living wills, and how courts or legislatures will treat cases where no living will exists. The Comment focuses on a series of New Jersey cases, and concludes with a suggested comprehensive statute which would cover loopholes left open by the current Illinois statutory scheme. The Comment is followed by two appendices which set out the text of the original Illinois Living Will Act and the 1988 changes to the Illinois Living Will Act.

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In Defense Of State Takeover Laws, Theodore W. Grippo May 1988

In Defense Of State Takeover Laws, Theodore W. Grippo

Northern Illinois University Law Review

This Article argues that an economic efficiency model of corporate takeover fails to take into account a number of important, and oftentimes local concerns. The Article further argues that there are a number of deficiencies and inadequacies in the current federal legislation. These factors support the conclusion in this Article that state anti-takeover legislation has an important role in the area of corporate acquisition and its regulation.

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Promissory Fraud In Illinois: What Is A Scheme To Defraud?, Raymond R. Nolasco May 1988

Promissory Fraud In Illinois: What Is A Scheme To Defraud?, Raymond R. Nolasco

Northern Illinois University Law Review

This Comment explores the fraudulent scheme or device exception to the general rule in Illinois prohibiting a tort action for promissory fraud. The Comment advocates the adoption in Illinois of the "total facts test" set out in Zaborowski v. Hoffman Rosner Corp. which would allow for recovery of punative damages, but only when the "scheme" consists of more than a single misrepresentation.

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The Dynamics Of State Protectionism: A Short Critique Of The Cts Decision, Thomas J. Bamonte May 1988

The Dynamics Of State Protectionism: A Short Critique Of The Cts Decision, Thomas J. Bamonte

Northern Illinois University Law Review

This Article argues that while political forces make protectionist anti-takeover legislation "inevitable," the judiciary, prior to the CTS decision, had used the Commerce Clause and other theories to correct any imbalances by upholding the overriding national interest in the preservation of open national markets. The Article concludes that Congress should take affirmative steps to preempt protectionist state legislation, and in the interim, the CTS decision should be read narrowly.

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The Model State Control Share Act: The Best State Takeover Law Alternative, Evan M. Kjellenberg May 1988

The Model State Control Share Act: The Best State Takeover Law Alternative, Evan M. Kjellenberg

Northern Illinois University Law Review

This Article briefly looks at the different types of takeover legislation, including the new Delaware statute and the Indiana statute. The Article then presents the Model State Control Share Act and argues that the Model Act is the best alternative available. The Article further provides a breakdown of the major provisions of the Model Act which differ from the Indiana statute and thereby make the Model Act superior.

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Justices Don't Own The Constitution, Bruce Ledewitz Apr 1988

Justices Don't Own The Constitution, Bruce Ledewitz

Ledewitz Papers

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

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Interjurisdictional Certification And Choice Of Law, Ira Robbins Apr 1988

Interjurisdictional Certification And Choice Of Law, Ira Robbins

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Does Section 524 (A)(2) Of The Bankruptcy Code Bar Criminal Prosecution Concerning Discharged Debts?, Kent A. Bieberich Apr 1988

Does Section 524 (A)(2) Of The Bankruptcy Code Bar Criminal Prosecution Concerning Discharged Debts?, Kent A. Bieberich

William & Mary Law Review

No abstract provided.

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Is The Death Penalty Good For Us?, Bruce Ledewitz Mar 1988

Is The Death Penalty Good For Us?, Bruce Ledewitz

Ledewitz Papers

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

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The Duty To Disclose And The Prisoner's Dilemma: Laidlaw V. Organ, Robert L. Birmingham Feb 1988

The Duty To Disclose And The Prisoner's Dilemma: Laidlaw V. Organ, Robert L. Birmingham

William & Mary Law Review

No abstract provided.

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A Due Process Analysis Of The Impeachment Use Of Silence In Criminal Trials, Barbara Rook Snyder Feb 1988

A Due Process Analysis Of The Impeachment Use Of Silence In Criminal Trials, Barbara Rook Snyder

William & Mary Law Review

No abstract provided.

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U.C.C. Methodology: Taking A Realistic Look At The Code, John L. Gedid Feb 1988

U.C.C. Methodology: Taking A Realistic Look At The Code, John L. Gedid

William & Mary Law Review

No abstract provided.

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Abusing Standing: Furthering The Conservative Agenda, David A. Domansky Feb 1988

Abusing Standing: Furthering The Conservative Agenda, David A. Domansky

William & Mary Law Review

No abstract provided.

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To Do Justice Between Man And Man, (Tribute To Judge Robert Taylor), Bruce Ledewitz Jan 1988

To Do Justice Between Man And Man, (Tribute To Judge Robert Taylor), Bruce Ledewitz

Ledewitz Papers

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

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Stirring The Ashes: Race Class And The Future Of Civil Rights Scholarship, Fran Ansley Jan 1988

Stirring The Ashes: Race Class And The Future Of Civil Rights Scholarship, Fran Ansley

Scholarly Works

No abstract provided.

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A Noble Ideal Whose Time Has Come, Penny White Jan 1988

A Noble Ideal Whose Time Has Come, Penny White

Scholarly Works

No abstract provided.

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Nationwide Preclearance Of Section Five Of The 1965 Voting Rights Act: Implementing The Fifteenth Amendment, Dwight Aarons Jan 1988

Nationwide Preclearance Of Section Five Of The 1965 Voting Rights Act: Implementing The Fifteenth Amendment, Dwight Aarons

Scholarly Works

No abstract provided.

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Preface, Dwight Aarons Jan 1988

Preface, Dwight Aarons

Scholarly Works

No abstract provided.

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Front Matter Jan 1988

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 1, Issue 1, 1988.

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Introduction Jan 1988

Introduction

St. Thomas Law Review

The ST. THOMAS LAW FORUM is designed, first, to give aspiring student writers a platform to display their craft and the force of their imagination. Second, the FORUM affords top students an opportunity they enjoy at most other institutions of legal education: to edit a law review. The editing function hones their skills of legal writing and of written communication in general. It also forces them to observe and enforce the strict standards of the profession. Experience on a law review is a badge of honor, worn proudly throughout a lifetime in the legal profession. Third, and most important, the …

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Mexico On The Eve Of Salinas: The Laws And Policies Of Foreign Investment, Frances Schreiber Jan 1988

Mexico On The Eve Of Salinas: The Laws And Policies Of Foreign Investment, Frances Schreiber

St. Thomas Law Review

This article is designed (1) to provide a basic introduction to the relevant features of the legal system of Mexico, as well as its historical and socio-economic background, and (2) to analyze the political, economic, and social issues facing foreign investors at the start of the Salinas Administration.

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Capital Punishment: A Moral Dilemma, Eileen Weber Jan 1988

Capital Punishment: A Moral Dilemma, Eileen Weber

St. Thomas Law Review

Punishment by death has stirred controversy over the millennia of human existence. Recently, this country has debated whether a society in which the dignity of the individual is the supreme value can, without fundamental inconsistency, put the lives of some of its members to an untimely violent end. Only between 1967 and 1977 was there a moratorium on executions in the United States.1 Since death sentences were carried out again, a combined total of 101 persons have been executed, and, as of May 1, 1988, there were 2,048 convicted murderers on death row. Currently, only 14 states are without the …

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An Overview Of Socialist Legality: From The Russkaia Pravda To Glasnost And Perestroika, Frank Negron Jan 1988

An Overview Of Socialist Legality: From The Russkaia Pravda To Glasnost And Perestroika, Frank Negron

St. Thomas Law Review

Socialist legality, according to the official Soviet view, is a principle which subjects the government of a socialist state to the rule of law. Skeptics, however, claim that the Communist Party continues to rule from above the law. The reality of the role of law in socialist society may lie between these extremes. The purpose of this paper is to describe the historical strains, the ideological influences, and the policies and perspectives that have shaped the concept of socialist legality as articulated by Soviet leaders throughout the history of the Soviet state.

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Learning The Law Of Lawyering, Ronald D. Rotunda Jan 1988

Learning The Law Of Lawyering, Ronald D. Rotunda

Law Faculty News Articles, Editorials, and Blogs

No abstract provided.

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