Law Commons^™

Compelled Lawyer Representation And The Free Speech Rights Of Attorneys, Leora Harpaz

Faculty Scholarship

This Article examines the Supreme Court's decision in Hurley v. Irish-American and compares it to the decision in Stropnicky v. Nathanson. It then considers whether there are sufficient distinctions between the two cases so as to defeat the First Amendment argument that was successful in Hurley. It concludes that the differences between the two cases are not sufficiently significant from the point of view of the First Amendment and that the application of the state public accommodation statute to a lawyer's ideologically motivated decision not to represent a client violates the First Amendment.

Reflections On Twenty Years Of The Law Review, Howard Kalodner

Faculty Scholarship

The Author reflects on twenty years of working with the Western New England Law Review. Up until his arrival as dean of the law school, the College was unwilling,or at least reluctant, to provide the necessary funds for publication of a law review.

Lawyer Discrimination Against Clients: Outright Rejection--No; Limitations On Issues And Arguments-Yes, Sam Stonefield

Faculty Scholarship

The issue of lawyer discrimination brings new perspectives to traditional topics like the practice of law, the role of the lawyer and the relationship with, and rights of, the client. It forces us to examine the nature of lawyer discretion, the limits of that discretion and the consequences of trying to regulate that discretion. The examinationis a daunting task. This essay offers an approach that attempts to protect both the prohibition against discrimination and the practice of law and to accommodate the tension that necessarily accompanies this effort. It suggests that the best solution is to prohibit lawyers from discriminating …

Constitutional Qualms Concerning: Government Restrictions On Tobacco Product Advertising, Barbara A. Noah

Faculty Scholarship

This Article evaluates the constitutionality of a representative series of congressional proposals to limit tobacco advertising. Federal legislation codifying the tobacco settlement included possible restrictions on outdoor advertising, a prohibition on the use of cartoon images, permitting only tombstone format for advertisements in publications that target a youth audience, a prohibition on the sale or gift of promotional items bearing tobacco product names or logos, a ban on industry sponsorship of sporting and other cultural events, and restrictions on Internet promotions. The Author suggests that upon seeking to prevent tobacco companies from encouraging illegal tobacco use by minors, the FDA's …

A Practitioner's Review Of Civil Appeals Under The 1997 Texas Rules Of Appellate Procedure Comment., Reagan Wm. Simpson

St. Mary's Law Journal

Abstract Forthcoming.

Toward Permissive Appeal In Texas., Renee Forinash Mcelhaney

St. Mary's Law Journal

A comparison of April Marketing & Distributing Corp. v. Diamond Shamrock Refining & Marketing Co. (“April Marketing”), which pended in federal court, and Barshop v. Medina County Underground Water Conservation District (“Barshop”), which pended in state court, illustrates the value of permissive appeal. Both cases had many early procedural similarities. Yet, the cases differ because the federal court allowed for a permissive appeal; the state court did not. The two cases later diverged procedurally, when the federal case was able to appeal the trial court’s interlocutory order denying motion for summary judgment. Lacking this option, the state case was forced …

The Role Of Variances In Determing Ripeness In Takings Claims Under Zoning Ordinances And Subdivision Regulations Of Texas Municipalities., John Mixon, Justin Waggoner

St. Mary's Law Journal

Texas zoning law follows the national standards in creating boards of adjustment. Unlike most states, Texas does not allow its boards of adjustment to grant so-called “use” variances. A variance is essentially a legal waiver from compliance with certain land-use regulations which is granted to a landowner by a government entity in certain limited cases. There are two general types of variances: the area variance and the use variance. Use variance permits the property in question to be used in a manner totally different than that allowed by the ordinance. Whereas the area variance only modifies or relaxes the degree …

Tangible Or Intangible - Is That The Question - Conflict In The Texas Tax Classification System Of Computer Software Comment., Christine E. Reinhard

St. Mary's Law Journal

This Comment evaluates tax classification of computer software in Texas under recent statutory provisions and case law. The author focuses on whether computer software constitutes tangible or intangible property and whether computer software should be taxable or not. Determining property classification is not easy—the term “computer software” is difficult to define, and the multitude of different types of computer software further obscures the formation of a uniform definition. The Texas legislature’s ability to tax both tangible and intangible property makes classifying computer software as either type unnecessary. Texas can resolve the conflict in its tax classification system, wherein computer software …

A Catholic Lawyer's View Of The Death Penalty Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Kevin M. Doyle

St. Mary's Law Journal

Abstract Forthcoming.

Will Religious Teachings And International Law End Capital Punishment Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Robert F. Drinan

St. Mary's Law Journal

Abstract Forthcoming.

Litigating State Capital Cases While Preserving Federal Questions: Can It Be Done Successfully Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Daniel Givelber

St. Mary's Law Journal

Although originally federal courts were sources of new rights available to those accused of capital crimes, federal courts have become extremely difficult to access. One reason for this is the United States Supreme Court showing a marked lack of interest in developing new constitutional doctrine helpful to the accused. Another reason for the diminished role is that access to federal courts is so difficult. Frequently, access is difficult because the issues lawyers want federal courts to address have never been adequately presented in state courts. Yet, federal venues remain essential to capital punishment litigation. It is considerably easier to define …

Victims' Rights And The Death-Sentenced Inmate: Some Observations And Thoughts Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Susan L. Karamanian

St. Mary's Law Journal

The concept of “victims’ rights” refers to the movement from the 1950s which focuses on enhancing the role of the victim in the criminal process. The movement changed dramatically the manner in which capital cases are investigated and prosecuted. Prosecutors may work with the victims’ families on whether to accept a plea bargain or whether to seek the death penalty. The victims’ families may now also provide victim impact statements to let their own suffering influence the jury during the sentencing phase. The right of the victim’s family to have a say in the process does not end with the …

The United States And Canada: A Comparison Of Corporate Nonrecognition Provisions, Catherine Brown, Christine Manolakas

Case Western Reserve Journal of International Law

No abstract provided.

The Meaning Of Nuremberg, Henry T. King Jr.

Case Western Reserve Journal of International Law

No abstract provided.

The Cuban Liberty And Democratic Solidarity (Libertad) Act Of 1996: Isolationist Obstacle To Policy Of Engagement, Michelle Arendt

Case Western Reserve Journal of International Law

No abstract provided.

Comparative Analysis Of Contemporary Constitutional Procedure, Min Zhou

Case Western Reserve Journal of International Law

No abstract provided.

International Law And Australian Federlism, Todd Morth

Case Western Reserve Journal of International Law

No abstract provided.

Too Many Secrets: Challenges To The Control Of Strong Crypto And The National Security Perspective, J. Terrence Stender

Case Western Reserve Journal of International Law

No abstract provided.

Human Rights And Development: Using Advanced Technology To Promote Human Rights In Sub-Saharan Africa, Jennifer M. Myers

Case Western Reserve Journal of International Law

No abstract provided.

Saving The Blueprints: The International Legal Regime For Plant Genetic Resources, David S. Tilford

Case Western Reserve Journal of International Law

No abstract provided.

Nafta Chapter 19 Or The Wto's Dispute Settlement Body: A Hobson's Choice For Canada, Michael S. Valihora

Case Western Reserve Journal of International Law

perspective

Overcoming The Legal And Historical Obstacles To Privitization: The Telecommunications Sector In Thailand, Joseph C. Blasko

Case Western Reserve Journal of International Law

No abstract provided.

Regulating The Internet: The New Battle Against Child Pornography, Lesli C. Esposito

Case Western Reserve Journal of International Law

No abstract provided.

Considering Our Position: Viewing Information Warfare As A Use Of Force Prohibited By Article 2(4) Of The U.N. Charter, Todd A. Morth

Case Western Reserve Journal of International Law

No abstract provided.

The Two Worlds Of Albert Speer: Reflections Of A Nuremberg Prosecutor, Carolyn L. Speaker

Case Western Reserve Journal of International Law

No abstract provided.

Cumulative Subject Index To Volumes 1-30, Index

Case Western Reserve Journal of International Law

cumulative subject index

Masthead, Volume 30 Issue 2 (1998)

Case Western Reserve Journal of International Law

No abstract provided.

Volume 30 Issue 2 (1998), Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.

Update: American Public Opinion On The Death Penalty - It's Getting Personal (Symposium: How The Death Penalty Works: Empirical Studies Of The Modern Capital Sentencing System), Samuel R. Gross

Articles

Americans' views on capital punishment have stabilized. In 1994, when Professor Phoebe Ellsworth and I published a review of research on death penalty attitudes in the United States,' we began by noting that "support for the death penalty [is] at a near record high."'2 That finding, like most of the others we reported, has not changed. Nonetheless, it is interesting to pause and review the data on public opinion on the death penalty that have accumulated over the past several years. Stability is less dramatic than change but it may be equally important, and there is some news to report. …

Copyright Issues For The Technological Classroom : What Is Permissible Under Current Copyright Law And Guidelines For Educators In The Design And Use Of Multimedia, Disance Learning, And Other Recent Technological Advances?, Anthony Kenneth Clark

Graduate Research Papers

Technologies, such as computers, Internet, electronic mail etc., offer educational institutions limitless opportunities for learning and teaching. While technological advancements encourage academia to boldly go where no one has gone before, there are legitimate copyright and intellectual property concerns that need to be addressed. The current copyright law passed in 1976, although it legally established the Fair Use principle, is inadequate given the age we live in.

To encourage dialogue, this review of the literature will explore the applicability of copyright law to educators in the electronic environment. Current law, established guidelines, and recent court decisions will be discussed in …