Law Commons^™

Constitutional Fidelity, Matthew Steffey

Journal Articles

No abstract provided.

Law, Life, And Literature: A Critical Reflection Of Life And Literature To Illuminate How Laws Of Domestic Violence, Race, And Class Bind Black Women Based On Alice Walker's Book The Third Life Of Grange Copeland, Angela Mae Kupenda

Journal Articles

Consider Law, Life and Literature. Which of the three is the most real, honest, and inclusive? Many would answer the law because it takes into consideration all of the facts and circumstances to formulate a clear and consistent rule, and literature is the most unreal, the most fictional of the three. However, that is not accurate. Of the three, literature is actually the most real, honest, and inclusive. It is real because, with brutal honesty, it deals with all of our realities. It is more honest than life, for often in our outer (and even inner) lives we are afraid …

Title Page, Mc Law

MC Law Review

Title Page

Motor-Vehicle And The Voting Rights Act In Mississippi, Robert E. Sanders

MC Law Review

Symposium - An Analysis of Mississippi Cases Argued before the United State Supreme Court

Mississippi Supreme Court Elections: A Historical Perspective 1916-1996, Leslie Southwick

MC Law Review

No abstract provided.

Butt In: 44 Liquormart, Inc. V. Rhode Island And Its Implications On The Future Of Cigarette Advertising And Commercial Speech - 44 Liquormart, Inc. V. Rhode Island, Brenda Currie

MC Law Review

Notes

Contracting With The United State In Its Role As Regulator: Striking A Bargain With An Equitable Sovereign Or A Capricious Siren - United States V. Winstar Corporation, Thomas J. Gilliam Jr.

MC Law Review

Notes

Foreword: Mississippi College Law Review - Symposium On Bankruptcy Law, Scott F. Norberg, Todd J. Zywicki

MC Law Review

Symposium - An Analysis of Developments in Bankruptcy Law - Foreword

Mend It, Don't End It: The Case For Retaining The Disinterestedness Requirement For Debtor In Possession's Professionals, Todd J. Zywicki

MC Law Review

Symposium - An Analysis of Developments in Bankruptcy Law

The National Bankruptcy Review Commission's Recommendations On Classification Of Claims In Chapter 11, Scott F. Norberg

MC Law Review

Symposium - An Analysis of Developments in Bankruptcy Law

Compelling Statement Agreements In Bankruptcy Cases: Holding Their Feet To The Fire, Neil P. Olack, Kristina M. Johnson

MC Law Review

Symposium - An Analysis of Developments in Bankruptcy Law

Feminism And Defending Men On Death Row, Phyllis L. Crocker

Law Faculty Articles and Essays

In this Essay I explore the relationship between being a feminist and representing men on death row. It is appropriate to engage in this inquiry in considering how the law has developed in the twenty-five years since Furman v. Georgia. During that time both Furman and the advent of feminist legal theory have required a restructuring in the way we think about two fundamental legal questions: for death penalty jurisprudence, how and why we sentence an individual to death; and for feminist jurisprudence, how the law views crimes of violence against women. The relationship between these two developments becomes apparent …

State Discretion Under New Federal Welfare Legislation: Illusion, Reality, And A Federalism-Based Constitutional Challenge, S. Candice Hoke

Law Faculty Articles and Essays

This article challenges the common characterization of the 1996 welfare reforms. States do not have the ability to do “almost anything they want.” Most notably, states with more compassionate political leadership who wish to counter the national trend may seek areas of flexibility in vain. The Act's mandates and penalties will force all states into particular policies that they may not have chosen had Edelman been correct about the range of their discretionary powers.Edelman's critique typifies the standard assessment of the Act. According to the prevailing view, the Act's policies are objectionable because the federal government has capped the money …

Holt V. Grange Mut. Cas. Co. Children Not "Insureds" Under Policy Are Entitled To Death, Barbara Tyler, Thomas S. Tyler

Law Faculty Articles and Essays

The recent Ohio Supreme Court decision of Holt v. Grange Mutual Casualty Co., is a consumer friendly decision and represents both an equitable and sound interpretation and application of Ohio law to consumer insurance contracts.The decision in Holt favors insurance consumers but has alarmed the insurance industry. The industry perceives the decision as bringing into question what language of an insurance policy will be upheld under the freedom of contract and what will be stricken as against public policy. First, the industry would argue that Holt seems to denigrate and abrogate the rights of an uninsurance/underinsurance provider to craft its …

Origins And Scope Of The American Moral Obligation Principle , Kevin M. Teeven

Cleveland State Law Review

The existence of the moral obligation principle in American case law has been recognized in the Restatement (Second) of Contracts section 86 (1): "A promise made in recognition of a benefit previously received by the promisor from the promisee is binding to the extent necessary to prevent injustice." Among common law countries, American jurisdictions are unique in recognizing this ameliorating doctrine. An analysis of the development and scope of this doctrine is buried in the centuries of case law surrounding the tension between the past consideration rule and the moral obligation principle. The intent of this study is to glean …

The Justice Who Wouldn't Be Lutheran: Toward Borrowing The Wisdom Of Faith Traditions, Marie A. Failinger

Cleveland State Law Review

Only a few legal scholars have attempted to work out what jurisprudence might look like if lawmakers and judges took their religious world-views seriously-and explicitly-in their work, in a way respectful of "the fact of pluralism." My task is to imagine the concrete case: what a judge's jurisprudence might look like if a judge considered the wisdom of his own religious tradition in constitutional cases. This article explores broad jurisprudential themes and specific First Amendment and social welfare opinions of Justice William Rehnquist, who for some years has been a member of a Lutheran congregation, my own denomination. While Justice …

The Myth Of The Matching Principle As A Tax Value, Deborah A. Geier

Law Faculty Articles and Essays

This 1998 article explores why the "matching principle" in financial accounting should be considered irrelevant to federal income taxation, where its application can result effectively in consumption taxation (as opposed to income taxation).

Methods For Teaching Environmental Law: Some Thoughts On Providing Access To The Environmental Law System, Heidi Gorovitz Robertson

Law Faculty Articles and Essays

This article surveys methods that could improve the effectiveness of environmental legal education. I propose that approaches to teaching environmental law be viewed in two ways; first, as a substantive course in which students gain access to a complex system of law, and second, as a substantive base for teaching students skills of legal process. Within both possibilities, I focus on the value of teaching students to understand the environmental law system. Instructors can introduce students to the environmental law system by looking at a few of the major environmental statutes in relative depth, or as they apply to specific …

State Securities Litigation May No Longer Be A Class Act: Federal Preemption Looms On The Horizon, Susan J. Becker

Law Faculty Articles and Essays

State courhouse doors may soon be closed to class actions by shareholders of nationally traded stocks seeking redress for alleged misstatements and omissions in the issuer's financial forecasts.

Supreme Court Revises Amicus Rules, Susan J. Becker

Law Faculty Articles and Essays

Last year the U.S. Supreme Court and the Seventh Circuit both reacted against the growing use of "friend of the court" briefs to advocate litigants' positions rather than to assist the court. Now several federal and state appellate courts are reviewing their rules on amicus submissions because of their own experiences and the Supreme Court and Seventh Circuit actions.

The Reluctant Justice: Lewis F. Powell Jr. Personifies The 'Quality Of Attentiveness', Christina B. Whitman

Book Chapters

Lewis F. Powell, Jr., came to the U.S. Supreme Court in 1972 reluctantly and at an age when many professionals are anticipating retirement rather than a career change.

But the Court suited him. He grew to love the work, although he often found it agonizing, and he thrived on the role he played in the history of the Constitution.

By the time he retired in 1987, after more than 15 years on the Court, Powell had come to represent a kind of ideal justice -- moderate, flexible, careful. In a sense, his entire life had been preparing him for this …

The Digests Of Pennsylvania, Joel Fishman

Law Faculty Publications

Published case law in Pennsylvania dates from the colonial period and constitutes one of the largest collections of court decisions in American law. Digests have long stood as an important tool for those conducting research in this material, with the first appearing not long after the cases themselves. Mr. Fishman helps to document the history of Pennsylvania digests by reviewing their publication, beginning with the early nineteenth century to the present. A bibliography is appended.

Slow Down: New Interventionism, Yubo Song

Michigan Journal of International Law

Review of The New Interventionism 1991-1994: United Nations Experience in Cambodia, Former Yugoslavia and Somalia (James Mayall ed.)

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1998, Volume 3, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

A Remedy On Paper: The Role Of Law In The Failure Of City Planning In New Haven, 1907-1913, Mark Fenster

UF Law Faculty Publications

Part I of this paper provides an overview of the dominant conservative legal doctrines and governing practices that limited planners' goals and strategies in New Haven during the period from 1907 through 1913, and that planning advocates sought to change. Part II provides a narrative of the New Haven planning movement prior to the publication of a 1910 report by Cass Gilbert, a well-known New York-based architect, and Frederick Law Olmsted, Jr., a nationally recognized city planner, on how best to improve New Haven's physical environment and infrastructure. To illustrate the difficulties facing the nascent planning movement in New Haven, …

Law, Culture, And The Morality Of Judicial Choice, Kenneth B. Nunn

UF Law Faculty Publications

Remarks from Professor Kenneth B. Nunn at the Ray Rushton Distinguished Lecture Series at the Cumberland School of Law on April 24, 1998.

The Essential Structure Of Judgment Proofing, Lynn M. Lopucki

UF Law Faculty Publications

This article argues that substantially all judgment proofing can be described through a single model: a symbiotic relationship between two or more entities, in which one of the entities generates disproportionately high risks of liability while the other owns a disproportionately high level of assets. The two entities typically are joined by a contract that allocates the profits gained from externalization of the tort liability. Proof that the model is workable even in large businesses is made by demonstrating that a single business can be divided into two such entities without altering its components or its function. The courts cannot …

Race And The Fourth Amendment, Tracey Maclin

UF Law Faculty Publications

In Whren v. United States, the Supreme Court held that pretextual traffic stops do not raise Fourth Amendment concerns. In this Article, Professor Maclin contends that by requiring only probable cause of a traffic offense to justify pretextual seizures, the Court mistakenly ignores racial impact when marking the protective boundaries of the Fourth Amendment. Professor Maclin argues that race matters when measuring the dynamics and legitimacy of certain police-citizen encounters. Pretextual traffic stops unreasonably use racial targeting, therefore, the Court should make racial impact a factor in determining the constitutionality of the pretextual seizure. Professor Maclin begins by examining objective, …

Building Bridges Iii - Personal Narratives, Incoherent Paradigms, And Plural Citizens, Berta E. Hernández-Truyol

UF Law Faculty Publications

This Essay, in three parts, explores bridge building among communities of color with the purposes of creating, maintaining, and developing alliances. The first part, Personal Narratives, shares with readers some cuentos (stories) as a method and path in which to position the lectors: to contextualize my frontiers and familiarize them with my daily travels through diverse and varied borderlands; the many communities with which I intersect and interact, and in which I live- all of them my communities; and in all of which I am both insider and outsider. Part II, Incoherent Paradigms, suggests that the prevailing race-based legal paradigms …

The Empire Strikes Back, A. Michael Froomkin

Articles

No abstract provided.