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Articles 324181 - 324210 of 545208

Full-Text Articles in Law

Constitutional Redundancies And Clarifying Clauses, Akhil Reed Amar Jan 1998

Constitutional Redundancies And Clarifying Clauses, Akhil Reed Amar

Valparaiso University Law Review

No abstract provided.


Criminal Procedure In The Current Term, Bruce G. Berner Jan 1998

Criminal Procedure In The Current Term, Bruce G. Berner

Valparaiso University Law Review

No abstract provided.


Limiting Federal Restrictions On State And Local Government, Ivan E. Bodensteiner Jan 1998

Limiting Federal Restrictions On State And Local Government, Ivan E. Bodensteiner

Valparaiso University Law Review

No abstract provided.


The Dark Side Of Federalism In The Ninties: Restricting Rights Of Religious Minorities, Rosalie B. Levinson Jan 1998

The Dark Side Of Federalism In The Ninties: Restricting Rights Of Religious Minorities, Rosalie B. Levinson

Valparaiso University Law Review

No abstract provided.


Swords Into Plowshares? The Dangerous Politicization Of The Military In The Post-Cold War Era, W. Kent Davis Jan 1998

Swords Into Plowshares? The Dangerous Politicization Of The Military In The Post-Cold War Era, W. Kent Davis

Valparaiso University Law Review

No abstract provided.


No Longer In Jeopardy: The Impact Of Hudson V. United States On The Constitutional Validity Of Civil Monetary Penalties For Violations Of Securities Laws Under The Double Jeopardy Clause, Robin W. Sardegna Jan 1998

No Longer In Jeopardy: The Impact Of Hudson V. United States On The Constitutional Validity Of Civil Monetary Penalties For Violations Of Securities Laws Under The Double Jeopardy Clause, Robin W. Sardegna

Valparaiso University Law Review

No abstract provided.


Financing The Nation's Graduate Medical Education, Jeffrey E. Shuren Jan 1998

Financing The Nation's Graduate Medical Education, Jeffrey E. Shuren

Valparaiso University Law Review

No abstract provided.


Premenstrual Dysphoric Disorder As A Mitigating Factor In Sentencing: Following The Lead Of English Criminal Courts, Nicole R. Grose Jan 1998

Premenstrual Dysphoric Disorder As A Mitigating Factor In Sentencing: Following The Lead Of English Criminal Courts, Nicole R. Grose

Valparaiso University Law Review

No abstract provided.


Keeping "Private E-Mail" Private: A Proposal To Modify The Electronic Communications Privacy Act, Robert S. Steere Jan 1998

Keeping "Private E-Mail" Private: A Proposal To Modify The Electronic Communications Privacy Act, Robert S. Steere

Valparaiso University Law Review

No abstract provided.


What Will Happen To Anywhere, U.S.A.? The Need To Break The Logjam And Achiev Real Reform Of Superfund Joint And Several Liability For The Twenty-First Century, Jennifer L. Stringer Jan 1998

What Will Happen To Anywhere, U.S.A.? The Need To Break The Logjam And Achiev Real Reform Of Superfund Joint And Several Liability For The Twenty-First Century, Jennifer L. Stringer

Valparaiso University Law Review

No abstract provided.


Ambushed In A Safe Harbor: Taxation Of Intrafamilial Installment Sales Contracts, Stephen J. Wolma Jan 1998

Ambushed In A Safe Harbor: Taxation Of Intrafamilial Installment Sales Contracts, Stephen J. Wolma

Valparaiso University Law Review

No abstract provided.


Discriminating Among Rights?: A Nation's Legislating A Hierarchy Of Human Rights In The Context Of International Human Rights Customary Law, Kristin N. Wuerffel Jan 1998

Discriminating Among Rights?: A Nation's Legislating A Hierarchy Of Human Rights In The Context Of International Human Rights Customary Law, Kristin N. Wuerffel

Valparaiso University Law Review

No abstract provided.


The Current And Future Climate Of Airline Consolidation: The Possible Impact Of An Alliance Of Two Large Airlines And An Examination Of The Proposed American Airlines-British Airways Alliance, Jeff Mosteller Jan 1998

The Current And Future Climate Of Airline Consolidation: The Possible Impact Of An Alliance Of Two Large Airlines And An Examination Of The Proposed American Airlines-British Airways Alliance, Jeff Mosteller

Journal of Air Law and Commerce

No abstract provided.


Airlines, Defibrillators, And Enhanced Medical Kits: Filling A Void Or Creating A Duty, Julie A. Buffington Jan 1998

Airlines, Defibrillators, And Enhanced Medical Kits: Filling A Void Or Creating A Duty, Julie A. Buffington

Journal of Air Law and Commerce

No abstract provided.


The Role Of The Objector In Class Action Settlements—A Case Study Of The General Motors Truck Side Saddle Fuel Tank Litigation, Robert B. Gerard, Scott A. Johnson Jan 1998

The Role Of The Objector In Class Action Settlements—A Case Study Of The General Motors Truck Side Saddle Fuel Tank Litigation, Robert B. Gerard, Scott A. Johnson

Loyola of Los Angeles Law Review

No abstract provided.


Playing Beyond The Rules: A Realist And Rhetoric-Based Approach To Researching The Law And Solving Legal Problems, Thomas Michael Mcdonnell Jan 1998

Playing Beyond The Rules: A Realist And Rhetoric-Based Approach To Researching The Law And Solving Legal Problems, Thomas Michael Mcdonnell

Elisabeth Haub School of Law Faculty Publications

The proposed realist and rhetorical approach to legal research applies to every conceivable legal problem and provides the student a conceptual foundation not only for solving any legal dispute, but for successfully completing any transactions with which he or she will be confronted. Part I of this article will demonstrate why law students should learn to research the relevant audiences in the legal drama and to research the unpublished and often unwritten rules and practices that these audiences follow. Part II will show how. Part III will present a comprehensive legal problem solving model that integrates these new dimensions of …


Crossing The Line: The Political And Moral Battle Over Late-Term Abortion, Rigel C. Oliveri Jan 1998

Crossing The Line: The Political And Moral Battle Over Late-Term Abortion, Rigel C. Oliveri

Faculty Publications

This paper focuses on the political and moral debate surrounding two pieces of federal legislation which sought to criminalize a particular late term abortion technique scientifically known as "intact dilation and extraction," and popularly known as "partial birth abortion." The Congressional "Partial Birth Abortion" Bans of 1996 and 1997 inflamed the already emotionally charged contest over abortion rights. The intense lobbying and advocacy efforts put pro-choice activists in the uncomfortable position of having to defend one of the most extreme positions on the abortion-rights spectrum. The advocacy was further complicated by the fact that very few women obtain late term …


Reforming The Law: The Payment Rule As A Paradigm , Dale A. Whitman Jan 1998

Reforming The Law: The Payment Rule As A Paradigm , Dale A. Whitman

Faculty Publications

The concept of negotiability of promissory notes is solidly entrenched in American commercial law. It derives from the English common law notion that a negotiable instrument is a reification of the obligation it describes; the instrument is regarded as a tangible form of the obligation. This notion has multiple ramifications, but three stand out. The first is the holder in due course doctrine which asserts that, when a negotiable instrument is transferred by the correct process (negotiation, which requires delivery of the paper) to someone with the right qualities (good faith, lack of notice, and payment of value), the maker …


A "Party Satisfaction" Perspective On A Comprehensive Mediation Statute, James Levin, Chris Guthrie Jan 1998

A "Party Satisfaction" Perspective On A Comprehensive Mediation Statute, James Levin, Chris Guthrie

Faculty Publications

Mediation Statute, 13 Ohio St. J. on Disp. Resol. 885 (1998)

During the past fifteen years, the alternative dispute resolution movement has greatly altered the legal landscape. Courts, legislatures and administrative agencies have enacted more than 2000 laws dealing with mediation and other dispute resolution processes. The National Conference of Commissioners on Uniform State Laws (NCCUSL) and the American Bar Association Section of Dispute Resolution have recently formed a unique partnership to assess whether a model or uniform mediation statute might remedy some of the problems caused by the current patchwork of often confusing and conflicting mediation laws. The task …


Insurance, Contract, And The Doctrine Of Reasonable Expectations, Robert H. Jerry Ii Jan 1998

Insurance, Contract, And The Doctrine Of Reasonable Expectations, Robert H. Jerry Ii

Faculty Publications

This article examines the connections between the doctrine of reasonable expectations and the law of contract. Judge Keeton urged in his 1970 article that protecting the insured's reasonable expectations is a better justification for results in many reported cases than the rationales offered by judges! Without disagreeing with that point, it can be claimed, as this article does, that insurance law's efforts to explain outcomes that contradict the plain language of contractual text are appropriately viewed as a subset of a larger effort to rationalize contract law with the challenges presented by the widespread use of standardized forms in consumer …


Third Party Intervention And Joinder As Of Right In International Arbitration: An Infringement Of Individual Contract Rights Or A Proper Equitable Measure?, S. I. Strong Jan 1998

Third Party Intervention And Joinder As Of Right In International Arbitration: An Infringement Of Individual Contract Rights Or A Proper Equitable Measure?, S. I. Strong

Faculty Publications

Arbitration has long been called a creature of contract, a dispute resolution mechanism that has no form or validity outside the four corners of the parties' arbitration agreement. Some feel, however, that it may be time to change this narrow interpretation of arbitration's function and scope, and nowhere is this need for reform more apparent than in the realm of multi-party international disputes. Arbitration has taken on an increasingly important role in international commercial transactions and has become the preferred dispute resolution mechanism in many types of transnational contracts. Although there are any number of reasons why this may be …


Table Of Contents Jan 1998

Table Of Contents

Saint Louis University Public Law Review

No abstract provided.


Masthead Jan 1998

Masthead

Saint Louis University Public Law Review

No abstract provided.


Green Forms And Legal Aid Offices: A History Of Publicly Funded Legal Services In Britain And The United States, Joan Mahoney Jan 1998

Green Forms And Legal Aid Offices: A History Of Publicly Funded Legal Services In Britain And The United States, Joan Mahoney

Saint Louis University Public Law Review

No abstract provided.


The Demise Of Law Reform And The Triumph Of Legal Aid: Congress And The Legal Services Corporation From The 1960’S To The 1990’S, William P. Quigley Jan 1998

The Demise Of Law Reform And The Triumph Of Legal Aid: Congress And The Legal Services Corporation From The 1960’S To The 1990’S, William P. Quigley

Saint Louis University Public Law Review

No abstract provided.


Almost The Last Word On Legal Services: Congress Can Do Pretty Much What It Likes, James D. Lorenz Jr. Jan 1998

Almost The Last Word On Legal Services: Congress Can Do Pretty Much What It Likes, James D. Lorenz Jr.

Saint Louis University Public Law Review

No abstract provided.


Legal Aid To The Poor: What The National Delivery System Has And Has Not Been Doing, Michael Givel Jan 1998

Legal Aid To The Poor: What The National Delivery System Has And Has Not Been Doing, Michael Givel

Saint Louis University Public Law Review

No abstract provided.


Death Of A Superior Intellectual Property Law System, James J. Barta Jr. Jan 1998

Death Of A Superior Intellectual Property Law System, James J. Barta Jr.

Saint Louis University Public Law Review

No abstract provided.


Can’T We All Just Get Along? Competing For Client Confidences: The Integration Of The Accounting And Legal Professions, Greg Billhartz Jan 1998

Can’T We All Just Get Along? Competing For Client Confidences: The Integration Of The Accounting And Legal Professions, Greg Billhartz

Saint Louis University Public Law Review

No abstract provided.


The Constitutionality Of Federal Preemption Of State Taxation Of Internet Transactions, Charles P. Gray Jr. Jan 1998

The Constitutionality Of Federal Preemption Of State Taxation Of Internet Transactions, Charles P. Gray Jr.

Saint Louis University Public Law Review

No abstract provided.