Law Commons^™

Remembering The Fourth Circuit Judges: A History From 1941 To 1998

Washington and Lee Law Review

No abstract provided.

A Requiem For The Rollover Rule: Capital Gains, Farmland Loss, And The Law Of Unintended Consequences, Christine A. Klein

Washington and Lee Law Review

No abstract provided.

Interpreting The Constitution From Inside The Jury Box: Affecting Interstate Commerce As An Element Of The Crime, Richard W. Smith

Washington and Lee Law Review

No abstract provided.

There Should Be No Reliance In The "Blue Sky", David O. Blood

BYU Law Review

No abstract provided.

The 1997 U.S.-Japan Defense Guidelines Under The Japanese Constitution And Their Implications For U.S. Foreign Policy, Chris Ajemian

Washington International Law Journal

The 1997 U.S.-Japan Defense Guidelines represent additional commitment by Japan to the U.S.-Japan security alliance, the primary source of Northeast Asian security and stability. Certain tasks within Japan's enhanced role raise questions of whether the Guidelines are compatible with Article 9 of Japan's Constitution. On its face, Article 9 renounces Japan's right to wage war or maintain military force, yet it has been interpreted to allow a defensively-oriented, though massive, military. Based on the existing interpretation of Article 9, it is likely that Japan will declare its new role under the Guidelines constitutional. U.S. policy toward Japan in the short-term …

Museletter: March 1998, Brandon D. Quarles

Museletter

Table of Contents:

New Computer Services Assistant Joins Law Library Staff

There's a Lot in That Catalog! by Sally Wambold, Technical Services Librarian

Internet Site of the Month by Darla Haney, Reference/Research Services Librarian

New Location for Paul Birch's Office

Tax Forms

Use Network Noticeboards

Left To One’S Devices: Congress Limits Patents On Medical Procedures, Brett G. Alten

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Determining A Proper Test For Inherent Distinctiveness In Trade Dress, Michele A. Shpetner

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Discrimination Down Under: Lessons From The Australian Experience In Prohibiting Employment Discrimination On The Basis Of Sexual Orientation, Joshua Colangelo-Bryan

Washington International Law Journal

Australia offers greater legislative protection against employment discrimination on the basis of sexual orientation than does the United States. This difference is not due to greater social or political awareness on the part of Australians. Rather, Australian federal law results from the work of progressive national committees given wide discretion to address discrimination under international agreements to which Australia is a party. The creation of Australian federal laws is not instructive in the U.S. context because the limited scope of these laws is incompatible with American discrimination statutes. Furthermore, the process by which sexual orientation became a proscribed ground under …

Erosion Of The Indigenous Right To Negotiate In Australia: Proposed Amendments To The Native Title Act, Gretchen Freeman Cappio

Washington International Law Journal

The Australian government seeks to amend the Native Title Act, which presently gives indigenous Australians real property rights by virtue of their history living on the land. In their present form, the proposed amendments to the Native Title Act threaten indigenous representation regarding land disputes. The right to negotiate currently protected by the Act must be preserved, ensuring indigenous participation as well as consensual and procedural agreement. The government should not change its course: indigenous parties deserve the same rights today as were granted just five years ago. Government and indigenous leaders must work cooperatively to draft new amendments to …

Patent & Trademark Depository Library Association Newsletter

Journal of the Patent and Trademark Resource Center Association

No abstract provided.

Table Of Contents Volume Nine, Number Two, Spring 1998, Risk Editorial Board

RISK: Health, Safety & Environment (1990-2002)

Table of contents for the journal RISK: Health, Safety & Environment (ISSN: 1073-8673)

Through A Lens Darkly--Superfund Spectacles On Public Participation At Brownfield Sites, Kris Wernstedt, Robert Hersh

RISK: Health, Safety & Environment (1990-2002)

The authors discuss the recent trend in brownfield site development against a backdrop of Superfund experience and explore current barriers to public participation.

Contracting For An Expanded Scope Of Judicial Review In Arbitration Agreements, Tom Cullinan

Vanderbilt Law Review

Arbitration is generally defined as a process in which parties voluntarily agree to submit a dispute to an impartial third person called an arbitrator,' who is often selected by the parties and is empowered to make a decision based on the evidence and the parties' arguments. Because of its contractual nature, arbitration claims a central role in settling today's commercial disputes. By structuring the agreement to fit their needs, parties can tailor the arbitration agreement to provide significant advantages over other forms of dispute resolution. For example, arbitration is generally faster, cheaper, and more private than litigation. The parties can …

"The New Yuppie Female Lawyer": The Impact Of Women On Divorce Law Practice, Lynn M. Mather

Other Scholarship

No abstract provided.

Outrageous Fortune And The Criminalization Of Mass Torts, Richard A. Nagareda

Michigan Law Review

The case of the blameworthy-but-fortunate defendant has emerged as one of the most perplexing scenarios in mass tort litigation today. One need look no further than the front page of the newspaper to find examples of mass tort defendants said to have engaged in irresponsible conduct - even conduct that one might regard as morally outrageous in character - but that nonetheless advance eminently plausible contentions that they have not caused harm to others. This issue is not merely a matter for abstract speculation. A now-familiar mass tort scenario involves a defendant that markets a product without informing consumers about …

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recently received by the Michigan Law Review.

Identifying And Valuing The Injury In Lost Chance Cases, Todd S. Aagaard

Michigan Law Review

Any plaintiff seeking to recover in tort must prove that the defendant has breached the duty of care. Even after the plaintiff has established the defendant's breach of duty, however, issues of causation and damages remain. These two issues are frequently vexing, both conceptually and in terms of evidentiary demonstration. For example, if a plaintiff proves that a defendant acted negligently, it still may be unclear whether the plaintiff would have been injured even ip the absence of the defendant's negligence. Similarly, in assessing damages, factfinders often :find it difficult to attach a monetary value to a plaintiff's nonpecuniary losses …

Plain Meaning, Practical Reason, And Cuplability: Toward A Theory Of Jury Interpretation Of Criminal Statutes, Darryl K. Brown

Michigan Law Review

In one of the few existing recordings of American juries deliberating in an actual criminal case, Wisconsin v. Reed, we observe jurors struggling with how they should apply a statute in a case in which the facts are not in real dispute. The defendant is charged with felon in possession of a gun, and all agree that he has a felony record and owned a pistol until he turned it over to the police upon their request. The statute contains three elements. The defendant must (a) have a felony conviction, (b) have possessed a gun, and (c) have known that …

Journal Staff

Duke Law Journal

No abstract provided.

The Electronic First Amendment: An Essay For The New Age, Glen O. Robinson

Duke Law Journal

No abstract provided.

A Deal Is A Deal: Antenuptial Agreements Regarding The Religious Upbringing Of Children Should Be Enforceable, Jocelyn E. Strauber

Duke Law Journal

No abstract provided.

Why Now Is Not The Time For Constitutional Amendment: The Limited Reach Of City Of Boerne V. Flores, Kent Greenawalt

William & Mary Law Review

No abstract provided.

Two Section Twos And Two Section Fives: Voting Rights And Remedies After Flores, Pamela S. Karlan

William & Mary Law Review

No abstract provided.

Rfra, David P. Currie

William & Mary Law Review

No abstract provided.

Freedom From Persecution Or Protection Of The Rights Of Conscience?: A Critique Of Justice Scalia's Historical Arguments In City Of Boerne V. Flores, Michael W. Mcconnell

William & Mary Law Review

No abstract provided.

Judicial Supremacy And The Settlement Function, Robert F. Nagel

William & Mary Law Review

No abstract provided.

Why The Congress Was Wrong And The Court Was Right - Reflections On City Of Boerne V. Flores, Ira C. Lupu

William & Mary Law Review

No abstract provided.

Ad Hoc Adjudication: People V. Champion, Another Confusing Element In The Turmoil Following Minnesota V. Dickerson, Audra A. Dial

William & Mary Law Review

No abstract provided.

Losing Jerusalem - Rfra And The Vocation Of Legal Crusader, Steven D. Smith

William & Mary Law Review

No abstract provided.