Law Commons^™

Ambivalence, Contradiction, And Ambiguity: The Everyday Ethics Of Defense Litigators, Carla Messikomer

Fordham Law Review

No abstract provided.

Enactments Of Professionalism: A Study Of Judges' And Lawyers' Accounts Of Ethics Civility In Litigation, Austin Sarat

Fordham Law Review

No abstract provided.

Questions And Possible Responses, Douglas N. Frenkel

Fordham Law Review

No abstract provided.

Trademark Regulations And The Commercial Speech Doctrine: Focusing On The Regulatory Objective To Classify Speech For First Amendment Analysis, John V. Tait

Fordham Law Review

No abstract provided.

Color At Century's End: Race In Law, Policy, And Politics, Christopher Edley, Jr.

Fordham Law Review

No abstract provided.

Labor Law Obstacles To The Collective Negotiation And Implementation Of Employee Stock Ownership Plans: A Response To Henry Hansmann And Other "Survivalists", Jeffrey M. Hirsch

Fordham Law Review

No abstract provided.

A Requiem For Blockbusting: Law, Economics, And Race-Based Real Estate Speculation, Dmitri Mehlhorn

Fordham Law Review

No abstract provided.

The Relevance Of "Execution Impact" Testimony As Evidence Of Capital Defendants' Character, Darcy F. Katzin

Fordham Law Review

No abstract provided.

The Constitutional Basis For A Ban On Soft Money, Daniel M. Yarmish

Fordham Law Review

No abstract provided.

The Admissibility Of Medical Testimony In Ohio: Daubert, Joiner And Ohio's Relevance-Reliability Standard, Gerald J. Todaro

Cleveland State Law Review

This article specifically examines the reliability standard imposed under Rule 702 of the Ohio Rules of Evidence and its application to medical expert testimony in Ohio. Section II reviews Daubert, its progeny, and Ohio law. This analysis reveals tension between Ohio's flexible relevance/reliability standard and the more exacting demands of Daubert. Section III examines the scientific basis of clinical diagnosis and treatment of illness and disease. This section argues that judges should take judicial notice of the conventional methodology underlying the clinical practice of medicine, and thus the preliminary question of reliability of medical expert testimony should rarely require a …

Rape Shield Statutes And The Admissibility Of Evidence Tending To Show A Motive To Fabricate 1998 John M. Manos Writing Competition On Evidence, Regan Kreitzer Latesta Clerk For United States Bankruptcy Court For The District Of Maryland

Cleveland State Law Review

Rape shield statutes were enacted in order to protect the rape victim from embarrassment and humiliation at the trial of the accused by restricting the admission of sexual conduct evidence. While these statutes, for the most part, succeed in protecting the victim and encouraging her to report the rape, they can have the effect of limiting the accused's ability to defend himself. Part II of this article discusses the advent of rape shield statutes in the United States. Part III examines case law construing the statutes with regard to prior sexual conduct as evidence of a motive to fabricate. Finally, …

The Future Of Affirmative Action: The Legal Imperative Nationally And The Ohio Experience, Jack P. Desario, Thomas L. Colaluca, Gina A. Kuhlman

Cleveland State Law Review

This presentation of the legal future of affirmative action will be divided into five sections. The introductory material serves as a general introduction to the issues. The second section will review the origins and evolution of affirmative action. This section will also attempt to provide a definition of this complex concept. The third will provide a detailed analysis of Regents of the University of California v. Bakke. Bakke represents the Supreme Court's first attempt to resolve the legal complexities of affirmative action. The Court's holdings in Bakke have shaped the debate for over 20 years. The fourth segment of this …

When Something Wicked This Way Comes: Evolving Standards Of Indecency - Thompson And Stanford Revisited , Jennifer L. Whitney

Cleveland State Law Review

If the death penalty becomes an option for children under sixteen, the unavoidable conclusion must be that we have reverted back to colonial theories of punishment. The issue facing the nation will again become at what age to draw the line. In this article I argue that, as a society, we must prevent such executions and refute claims that, as a result of the failure of the juvenile justice system to rehabilitate killers before they kill, a consensus in favor of reducing the minimum age of execution has evolved. Part II of this note presents the theories of colonial crime …

Predictors Of Jurors' Decisions And Post-Trial Perceptions Of Child Witness Credibility In A Child Sexual Assault Trial, Janet Murvin Gibson

Masters Theses

The effect of judge’s instructions and jurors’ preconceptions about children’s credibility on juror decision making and post-trial perceptions of children’s credibility was investigated. Also, the relationship between jurors’ post-trial perceptions of children’s credibility and measure of guilt was explored. Jurors’ level of authoritarianism was utilized as a covariate and jurors’ comprehension of the judge’s instructions was considered as a possible mediating influence on their decision making. One hundred and twenty five undergraduate women enrolled in psychology classes at Eastern Illinois University viewed a videotaped simulation of a child sexual assault trial. Participants heard either standard instructions in which the judge …

Engineering The Middle Classes: Class Line-Drawing In New Deal Hours Legislation, Deborah C. Malamud

Michigan Law Review

The likely readers of this Article work for a living, or are studying with the hope that they will work for a living very soon. Unlike many other workers in this society, they do not (and will not) get paid time-and-a-half for overtime. In this Article, I tell the story of how upper-level white-collar workers - people like the intended readers of this Article - came to be exempt from the Fair Labor Standards Act's general overtime rules. My purpose in telling this story is not to participate in the debate on whether the so-called "white-collar exemptions" to the Fair …

The Continuing Relevance Of Section 8(A)(2) To The Contemporary Workplace, Michael C. Harper

Michigan Law Review

After embarking on his illustrious career as a legal academic, Theodore St. Antoine, through a multitude of roles, including those of scholar, teacher, administrator, pragmatic law reformer, and arbitrator, made innumerable contributions to the practice and development of many parts of American law. For most of us, however, as a scholar he will be associated primarily with the system of collective bargaining established and encouraged by the National Labor Relations Act (NLRA) and its progeny. During the first part of Professor St. Antoine's years as an academic, this system continued to flourish in America, as he, along with other legal …

Arbitration: Time Limits And Continuing Violations, Richard I. Bloch

Michigan Law Review

Time limits in a collective bargaining agreement, particularly as they apply to the grievance procedure, are very important. Filing or processing deadlines are taken as seriously in the context of these private documents and negotiated time limits as they are in the world of standard litigation, with deadlines that are imposed statutorily or otherwise. Management advocates often view the time limitation provisions as virtually the only thing employers gain, as opposed to give, in the bargaining relationship. Deadlines have been strictly, if reluctantly, construed by most arbitrators. The "continuing violation" provides a meaningful exception to the otherwise immutable time bar. …

Cynicism, Reconsidered, Pauline Kim

Scholarship@WashULaw

Occasionally I encounter among students the suspicion that law is nothing but politics. In the field in which I teach-employment law-this attitude amounts to the cynical belief that if judges (or at least those judges hostile to workers) can possibly find a way for the employee to lose and the employer to win, they will do so. While I must admit my own misgivings about the extent to which doctrine and precedent actually decide cases, I push these students to try to understand case outcomes as something other than pure politics. Believing that it is important for law students, as …

M.L.B. V. S.L.J.: Extension Of In Forma Pauperis Appeals To The Civil Arena In Termination Of Parental Rights Cases - Creation Of A Vast New Constitutional Right Or Limited Exception To The General Rule, Rick Moore

MC Law Review

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

Terry And Miranda: The Conflict Between The Fourth And Fifth Amendments To The United States Constitution, Thomas Gerry Bufkin

MC Law Review

Comment

Tolling The Three-Year Period For Discharge Of Income Taxes: Is There Plain Meaning In 11 U.S.C. 507(A)(8)(A)(I), William Houston Brown, Daniel Alan Hawtof

MC Law Review

Symposium - An Analysis of Developments in Bankruptcy Law

"Pro-Life" Absolutes, Feminist Challenges: The Fundamentalist Narrative Of Irish Abortion Law 1986-1992, Ruth Fletcher

Osgoode Hall Law Journal

This article asks how Irish abortion law developed to the point of stopping a young pregnant rape victim from travelling abroad to have an abortion in 1992 (Attorney General v. X.). The author argues that this case, which ultimately saw the Irish Supreme Court overturn that decision and recognize the young woman's right to abortion, was the last chapter of the fundamentalist narrative of Irish abortion law. The feminist critique of that law needs to consider its particular fundamentalist aspects in order to clarify the obstacles posed to the struggle for Irish women's reproductive freedom. The author argues that a …

Toward A Framework Of Mutualism: The Jewish Community In Genetics Research, Karen H. Rothenberg, Amy B. Rutkin

Faculty Scholarship

No abstract provided.

The Future Of Limited Liability Companies For Business And Estate Planning Purposes In Mississippi, J. Larry Lee

MC Law Review

No abstract provided.

Young V. Fordice: Challenging Dual Registration Under Section 5 Of The Voting Rights Act, Brenda Wright

MC Law Review

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

From Grievance And Complaint To Sanction: Attorney Misconduct In Ohio, Jack P. Sahl

University of Dayton Law Review

No abstract provided.

Appropriate Federal Rules Of Veil-Piercing In Response To United States V. Cordova Chem. Co., Jay A. Mckendree

University of Dayton Law Review

United States v. Cordova Chem. Co., 113 F.3d 572 (6th Cir. 1997), cert. granted sub nom, United States v. CPC Int'l, 118 S. Ct. 621 (Dec. 12, 1997) (No. 97-454).

Where America Ends And The International Order Begins: Interpreting The Jurisdictional Reach Of The U.S. Constitution In Light Of A Proposed Hague Convention On Jurisdiction And Satisfaction Of Judgments, Andrew L. Strauss

School of Law Faculty Publications

The recently concluded Hague Convention on Choice of Courts Agreements is the culmination of over a decade of negotiations. While the convention is very modest in what it attempts to accomplish, many observers see it as a first step toward achieving greater global uniformity of rules regarding jurisdiction and satisfactions of judgments. To the extent the United States Constitution governs the international ambit of United States jurisdiction in international cases, there is the potential for conflict between the Constitution and international treaty rules. A treaty found to be in conflict with the Constitution would likely be held invalid — at …

The Case For Utilizing The World Trade Organization As A Forum For Global Environmental Regulation, Andrew L. Strauss

School of Law Faculty Publications

In his article "Environmental Policy in the New World Economy," Alan Miller discusses the environmental implications of globalization. Recognizing that the flow of international private capital to developing countries is far more significant than international development assistance, he questions how we can use public policy to maximize the positive environmental effects of private investment. Miller suggests the need to find strategies that utilize market forces to benefit the environment.

This article heeds Alan Miller's call by suggesting new approaches to thinking about the potential for the World Trade Organization (WTO) to play a positive environmental role.

In this article, my …

California’S Unpredictable Res Judicata (Claim Preclusion) Doctrine, Walter W. Heiser

San Diego Law Review

The doctrine of res judicata describes a set of rules that determine the preclusive effects of a final judgment on the merits. The California doctrine has two familiar components: a primary aspect, “res judicata” or claim preclusion; and a secondary aspect, “collateral estoppel” or issue preclusion. Under the claim preclusion aspect, a prior judgment bars the parties (or those in privity with them) from relitigating the “same cause of action” in a subsequent proceeding. Under the issue preclusion aspect, although a second suit between the same parties on a different cause of action is not precluded by a prior judgment, …