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Articles 199201 - 199230 of 546011

Full-Text Articles in Law

Interdisciplinary Transactional Courses, Eric J. Gouvin, Robert Statchen, Anthony J. Luppino, William Kell Jan 2011

Interdisciplinary Transactional Courses, Eric J. Gouvin, Robert Statchen, Anthony J. Luppino, William Kell

Faculty Scholarship

This Article represents a panel presentation on interdisciplinary work in law school transactional courses. The Authors’ focus is on the Small Business Clinic at Western New England University School of Law. Topics covered are: interdisciplinary work and the classroom, professional liability and competency issues in rendering services through a clinic, culture class issues, ethical dilemmas, delivering professional products to the client, and co-curricular opportunities.

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State Constitutionalism: State-Court Deference Or Dissonance?, Arthur Leavens Jan 2011

State Constitutionalism: State-Court Deference Or Dissonance?, Arthur Leavens

Faculty Scholarship

This Article focuses on the debate concerning state constitutional expansion of criminal-procedure protections. It examines two such rights: (1) the protection against unreasonable searches and seizures; and (2) the right to the assistance of counsel in defending a criminal case. Each of these rights is embodied in both the federal and most, if not all, state constitutions. Each right is thus doubly applicable to the states, first, through the federal version by virtue of its incorporation into the Fourteenth Amendment’s due process protection and, second, through the state constitution’s version of the cognate right. So focused, the question is, what …

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Symposium: Fiduciary Duties In The Closely Held Business 35 Years After Wilkes V. Springside Nursing Home: Foreword, René Reich-Graefe Jan 2011

Symposium: Fiduciary Duties In The Closely Held Business 35 Years After Wilkes V. Springside Nursing Home: Foreword, René Reich-Graefe

Faculty Scholarship

On October 15, 2010—exactly fifty-nine years to the day after the opening of the original nursing home operation in 1951 which formed the core business asset of the closely held Springside Nursing Home, Inc. corporation—the Western New England University School of Law and School of Business jointly hosted their 2010 Academic Conference on “Fiduciary Duties in the Closely Held Business 35 Years after Wilkes v. Springside Nursing Home.” As with installments from prior years, the Conference was sponsored by the Western New England University Law and Business Center for Advancing Entrepreneurship. This Article examines the case of Wilkes v. Springside …

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No Virtue In Passivity: The Supreme Court And Ali Al-Marri, Bruce K. Miller Jan 2011

No Virtue In Passivity: The Supreme Court And Ali Al-Marri, Bruce K. Miller

Faculty Scholarship

This Article discusses the case of Al-Marri v. Spagone, which the U.S. Supreme Court unjustifiably dismissed as moot on March 6, 2009. By dismissing this appeal, the Court ignored its duty to determine whether the military detention of a non-citizen residing lawfully in the United States was authorized by law. And that failure has in turn contributed significantly, and unnecessarily, to the cloud of legal uncertainty which now hovers over the preventive detention measures adopted and proposed by the Obama Administration.

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Similarly Situated, Giovanna Shay Jan 2011

Similarly Situated, Giovanna Shay

Faculty Scholarship

In recent marriage equality litigation, opponents of same-sex marriage have argued that gay and straight couples are not “similarly situated” with respect to the purposes of the marriage statutes. Courts in Iowa,Connecticut, and California have rejected these arguments (although the California result was overturned by Proposition 8, which itself was invalidated by a district court as this Article was being written). The Iowa and California courts also questioned the structure of the “similarly situated” analysis asserted by the opponents. Marriage equality opponents in those states pressed a “threshold”-type similarly situated analysis.Under this scheme, if the two groups are not similarly …

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A Primer On Batson, Including Discussion Of Johnson V. California, Miller-El V. Dretke, Rice V. Collins, & Synder V. Louisiana., Mikal C. Watts, Emily C. Jeffcott Jan 2011

A Primer On Batson, Including Discussion Of Johnson V. California, Miller-El V. Dretke, Rice V. Collins, & Synder V. Louisiana., Mikal C. Watts, Emily C. Jeffcott

St. Mary's Law Journal

Fundamental to the existence of the rights guaranteed to every citizen is the assurance that the right to equal protection under the law will be defended at all costs. Key to the United States’ system of adjudication is the right to a trial by jury, which is embodied in the Sixth and Seventh Amendments to the Constitution. These rights are also incorporated into all state constitutions through the Fourteenth Amendment. During jury selection, the judicial system permits the elimination of a certain number of jurors without cause. This form of elimination is known as a peremptory challenge. Over time, however, …

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Texas Civil Practice & Remedies Code Sec. 41.0105: A Time For Clarification Comment., April Y. Quinones Jan 2011

Texas Civil Practice & Remedies Code Sec. 41.0105: A Time For Clarification Comment., April Y. Quinones

St. Mary's Law Journal

The language of the Texas Civil Practice and Remedies Code § 41.0105 is by no means clear. Most Texas practitioners refer to it as the “paid-or-incurred statute.” This is due to the statue stating that recovery of medical or health care expenses are limited to the amount actually paid or incurred by or on behalf of the claimant. Yet, Texas trial lawyers and judges are perplexed by what the statute truly means. Causing further concern, most Texas practitioners do not appear to understand how the statute should be applied. At the center of the debate lies the collateral-source rule and …

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Congress's Consistent Intent To Utilize Military Commissions In The War Against Al-Qaeda And Its Adoption Of Commission Rules That Fully Comply With Due Process., Michael T. Mccaul, Ronald J. Sievert Jan 2011

Congress's Consistent Intent To Utilize Military Commissions In The War Against Al-Qaeda And Its Adoption Of Commission Rules That Fully Comply With Due Process., Michael T. Mccaul, Ronald J. Sievert

St. Mary's Law Journal

Congress responded to the terrorist attack of September 11, 2001 by passing the Authorization for the Use of Military Force (AUMF). In the following years Congress augmented that authority with the Military Commissions Act of 2006 (MCA of 2006) and the Military Commissions Act of 2009 (MCA of 2009). In passing these acts, Congress responded to the Supreme Court’s decision in Hamdan v. Rumsfeld, which found that President Bush’s attempt to establish military commissions required Congressional authorization. When drafting both MCAs, Congress recognized numerous evidentiary and trial procedures from federal civilian court were inappropriate for trying unlawful combatants. By these …

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Honest Services Fraud After Skilling., Pamela Mathy Jan 2011

Honest Services Fraud After Skilling., Pamela Mathy

St. Mary's Law Journal

The United States Supreme Court ruling in Skilling v. United States limits honest services fraud prosecutions of both public officials and private individuals to schemes involving bribes or kickbacks. Over the past two decades, federal prosecutors have used the federal mail and wire fraud statutes to reach schemes which deprive citizens of their money or property and of the intangible right to honest services. The Court’s ruling in Skilling removes a category of deceptive, fraudulent, and corrupt conduct from the scope of the honest services law. By limiting honest services fraud under the statute to bribes and kickbacks, the Court …

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Admitting Light Detection And Ranging (Lidar) Evidence In Texas: A Call For Statewide Judicial Notice., Ryan V. Cox, Carl Fors Jan 2011

Admitting Light Detection And Ranging (Lidar) Evidence In Texas: A Call For Statewide Judicial Notice., Ryan V. Cox, Carl Fors

St. Mary's Law Journal

The reliability of LIDAR (Light Detection and Ranging) is generally questioned for one of two reasons. First, when the speeding charge is of such great importance to the defendant that he must challenge the technology. Second, when the defendant is charged with a different and more serious crime because of the traffic stop. In this instance the reliability of the equipment provides the opportunity to question the stops’ underlying probable cause. Assuming the particular jurisdiction has not settled the issue of reliability of LIDAR evidence, the court must require the prosecutor to present expert testimony to show reliability. In the …

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State Leadership For Safer Chemicals Policy Reform: Lessons From California, Maine, Minnesota And Washington, Michelle A. Russell Jan 2011

State Leadership For Safer Chemicals Policy Reform: Lessons From California, Maine, Minnesota And Washington, Michelle A. Russell

Honors Theses

Chemicals regulation under the U.S. Toxic Substances Control Act of 1976 fails to protect human health. In the absence of federal protection, safer chemicals legislation and implementation is moving forward in four states: Maine, Minnesota, California and Washington. Working in response to a loud public cry of concern and persistent grassroots organizing, these four states have enacted laws that regulate chemicals in consumer products. Maine, Minnesota and Washington chose to focus on regulating the chemicals used in children’s products, taking into consideration greater vulnerability in early development and the compelling public priority to protect children’s health. The most important factors …

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Hastening The Wheels Of Change: International Cold War Pressure And Civil Rights Reform During The Truman Presidency, Caley A. Robertson Jan 2011

Hastening The Wheels Of Change: International Cold War Pressure And Civil Rights Reform During The Truman Presidency, Caley A. Robertson

Honors Theses

In the early Cold War arena, international pressure on the United States to live according to its ideological rhetoric enabled the Truman Administration to set a precedent for federal engagement in domestic civil rights reform. As the United States led the march to institutionalise human rights as the standard of moral legitimacy in the global arena, the country’s grisly record of racial oppression and violence invited foreign and domestic criticism alike. This paper intends to prove five discrete points. First: Cold War tensions brought questions of moral legitimacy to the forefront of the U.S. national agenda. Second: during the Truman …

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New Millennium, Same Glass Ceiling? The Impact Of Law Firm Compensation Systems On Women, Joan C. Williams, Veta Richardson Jan 2011

New Millennium, Same Glass Ceiling? The Impact Of Law Firm Compensation Systems On Women, Joan C. Williams, Veta Richardson

Faculty Scholarship

No abstract provided.

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Justice Through Pragmatism And Process: A Tribute To Judge Denny Chin, Frank H. Wu Jan 2011

Justice Through Pragmatism And Process: A Tribute To Judge Denny Chin, Frank H. Wu

Faculty Scholarship

No abstract provided.

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What Are We Studying? Student Jurors, Community Jurors, And Construct Validity, Stacie R. Keller, Richard L. Weiner Jan 2011

What Are We Studying? Student Jurors, Community Jurors, And Construct Validity, Stacie R. Keller, Richard L. Weiner

Department of Psychology: Faculty Publications

Jury researchers have long been concerned about the generalizability of results from experiments that utilize undergraduate students as mock jurors. The current experiment examined the differences between 120 students (55 males and 65 females, mean age = 20 years) and 99 community members (49 males and 50 females, mean age = 42 years) in culpability evaluations for homicide and sexual assault cases. Explicit attitude measures served as indicators of bias for sexual assault, defendant, and homicide adjudication. Results revealed that student and community participants showed different biases on these general explicit attitude measures and these differences manifested in judgments of …

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The Smartphone Tag Project: The Newest Codes In The Library., Karen Skinner Jan 2011

The Smartphone Tag Project: The Newest Codes In The Library., Karen Skinner

Publications

No abstract provided.

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Scall Profile: Judy K. Davis, Karen Skinner Jan 2011

Scall Profile: Judy K. Davis, Karen Skinner

Publications

No abstract provided.

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Elections In California, Karen Skinner Jan 2011

Elections In California, Karen Skinner

Publications

No abstract provided.

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Structure And/Or Culture, Daria Roithmayr Jan 2011

Structure And/Or Culture, Daria Roithmayr

Publications

No abstract provided.

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Humanitarian Law Project And The Supreme Court's Construction Of Terrorism, Wadie E. Said Jan 2011

Humanitarian Law Project And The Supreme Court's Construction Of Terrorism, Wadie E. Said

Publications

No abstract provided.

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Myths Of Coal's Clean Future: The Story Of Methylmercury, Jonathan Skinner-Thompson Jan 2011

Myths Of Coal's Clean Future: The Story Of Methylmercury, Jonathan Skinner-Thompson

Publications

No abstract provided.

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Overeducated Achievatrons Unite!, Joan C. Williams Jan 2011

Overeducated Achievatrons Unite!, Joan C. Williams

Faculty Scholarship

No abstract provided.

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The Politics Of Corporate Alien Tort Cases, Chimène Keitner Jan 2011

The Politics Of Corporate Alien Tort Cases, Chimène Keitner

Faculty Scholarship

No abstract provided.

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The Role Of Reporter For A Law Project, Rory K. Little Jan 2011

The Role Of Reporter For A Law Project, Rory K. Little

Faculty Scholarship

No abstract provided.

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Aba's Project To Revise The Criminal Justice Standards For The Prosecution And Defense Functions, Rory K. Little Jan 2011

Aba's Project To Revise The Criminal Justice Standards For The Prosecution And Defense Functions, Rory K. Little

Faculty Scholarship

No abstract provided.

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Reviving Judicial Gatekeeping Of Aggregation: Scrutinizing The Merits On Class Certification, Richard L. Marcus Jan 2011

Reviving Judicial Gatekeeping Of Aggregation: Scrutinizing The Merits On Class Certification, Richard L. Marcus

Faculty Scholarship

No abstract provided.

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M.B.Z. V. Clinton: Whither Jerusalem?, Calvin R. Massey Jan 2011

M.B.Z. V. Clinton: Whither Jerusalem?, Calvin R. Massey

Faculty Scholarship

No abstract provided.

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Comparative International Law, Ugo Mattei Jan 2011

Comparative International Law, Ugo Mattei

Faculty Scholarship

No abstract provided.

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How (Not) To Regulate Arts: Lessons From Octomom, Radhika Rao Jan 2011

How (Not) To Regulate Arts: Lessons From Octomom, Radhika Rao

Faculty Scholarship

No abstract provided.

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The M Word: From Partial Coverture To Skills-Based Fiduciary Duties In Marriage, Jo Carrillo Jan 2011

The M Word: From Partial Coverture To Skills-Based Fiduciary Duties In Marriage, Jo Carrillo

Faculty Scholarship

No abstract provided.

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