Law Commons^™

Clinical Design For Social Justice Imperatives, Jon C. Dubin

SMU Law Review

No abstract provided.

The County Courthouse No Longer Looms Over The Community, Geoffrey C. Hazard Jr.

SMU Law Review

No abstract provided.

Clinical Legal Education And The U.C. Davis Immigration Law Clinic: Putting Theory Into Practice And Practice Into Theory, Kevin R. Johnson, Amagda Perez

SMU Law Review

No abstract provided.

The Deductibility Of Business Expenses Incurred In A Hostile Takeover: Staley Rides Again, Heidi Katheryn Wambach

SMU Law Review

No abstract provided.

The Government Contractor Defense: Breaking The Boyle Barrier, Charles E. Cantú, Randy W. Young

Faculty Articles

The government contract defense, known as the Boyle defense, shields those successfully invoking it from liability for injuries caused by defective products they manufactured. The contract specification defense is afforded to both private and government contractors when they follow the directions and specifications of a third party, usually the employer.

The first element of the Boyle defense requires that the government approve reasonably precise specifications for the equipment’s design. The contractor must show that a team-like effort existed in all communications between the contractor and the government, with the government providing general specifications and approval at various stages of project …

The Ethics Of Communicating With Putative Class Members, Vincent R. Johnson

Faculty Articles

The ethical prohibition against contact with represented persons is an exacting rule. It carries with it the threat of serious consequences, including, but not limited to, attorney discipline, disqualification of counsel, and inadmissibility of evidence obtained in violation of its terms. However, there are still important unresolved questions relating to the interpretation of the rule, including its proper operation in class action litigation.

Following analysis, the various rationales offered in support of the rule fail to justify an application of the contact ban to communications with unnamed putative class members during the pre-certification period of class action litigation. Absent a …

Law’S Alienation: Furies And Nomoi And Bears (And Nuns), Emily A. Hartigan

Faculty Articles

The inclusion of spirit in the law is necessary because the exclusion of the spirit from the law separates the law from its dynamic source of animation. The inclusion of the spirit or spirituality with the law will better allow the United States to craft laws and policies designed to address undocumented workers and illegal aliens.

Even Socrates wrote about the separation of spirit and the law when he wrote about the Nomoi and the Furies; however, he also discussed his Daemon, an inner voice enters into dialogue with the Nomoi, the law. This inner voice that was essential for …

American Family Law: History -- Whostory, Ana M. Novoa

Faculty Articles

Family law should be rooted in preserving and protecting intimate relationships; instead, it is rooted in preserving those domestic systems that created or expanded the economic empire of the "Founding Fathers," the white males of the colonial northeast. This northeastern colonial perspective continues to underpin most of the basic assumptions in family law. Concurrently, with the increased privatization of the cooperative virtues, Americans have developed an excessive preoccupation with self and a cult of consumerism.

Consumerism has driven American society toward increased individualism and narcissism. A by-product of the increased individual-consumer culture is the mistaken belief that our personal values …

Insurance Contracts And Judicial Discord Over Whether Liability Insurers Must Defend Insureds’ Allegedly Intentional And Immoral Conduct: A Historical And Empirical Review Of Federal And State Courts’ Declaratory Judgments—1900–1997, Willy E. Rice

Faculty Articles

Each year in America, an estimated $200 billion is spent purchasing third-party liability insurance. Fairly recent findings reveal that although some carriers try to settle third-party claims, an unacceptable number of liability companies simply refuse to settle or defend third-party suits. Each year, thousands of consumers and insurers petition state and federal courts for declaratory relief. The simple question asked in these cases is: do liability insurers have a duty to defend policyholders when third-party complainants only allege that insureds committed immoral or intentional acts?

Plaintiffs’ lawyers, defense counsels, state and federal judges, and state legislators and insurance commissioners should …

Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard Frase

Articles

No abstract provided.

The Stein Years--A Time Of Advancement And Prosperity, Edward S. Adams

Articles

When the seven-year administrationof the school's sixth dean,CarlA Auerbach,ended,thenewLawSchoolbuildinghad become a reality, and Dean Auerbach's principal goal was achieved. As Auerbachpassedthe torchto RobertA Stein, how- ever, he did so amid controversy and widespreadfrustration at the Law School with the legislatureregardingbudgets and class size. Stein,atageforty,wasyoung,energetic,andableto achieve the balanceofwhatDeanAuerbach termed "scholarlyattainment with administrativesavvy." As Stein ascended to the ranks of what he describedas "thebest law school deanshipopportunity in the country,"' he was unanimously viewed as an "extremely ener- getic, enthusiasticand responsive man. 2 Chosen because he was perceived by both faculty members and administratorsalike as an open, easygoingperson who was able to …

Re-Examining Truth In Lending: Do Borrowers Actually Use Consumer Disclosures?, Ralph J. Rohner

Scholarly Articles

No abstract provided.

Reconceiving The Role Of Section 8(B)(1)(A): 1947–1997: An Essay On Collective Empowerment And The Public Good, Roger C. Hartley

Scholarly Articles

The Taft-Hartley section 8(b)(1)(A)s union discipline cases are linked to the impending collapse of collective bargaining in two ways. At one level, they have helped cause it by denying union majorities an important tool to enforce solidarity during economic disputes with employers and thereby have contributed to the loss of worker empowerment. At another level, the union discipline cases reflect certain shifts in national sentiments with respect to the role of unions and collective bargaining in general and the accommodation of collective bargaining to the competing claims of individuals and employers in particular. This paper is about both linkages.

Catholic Judges In Capital Cases, John H. Garvey

Scholarly Articles

No abstract provided.

‘Mixed’ Constitutions: Product Of An East-Central European Constitutional Melting Pot, Rett R. Ludwikowski

Scholarly Articles

Part I of this Article discusses the difficulties involved in attempting to classify the new constitutions using traditional criteria. Part II examines the processes involved in the adoption of the various components of existing constitutional models into the constitutions of the East-Central European states, including separate analysis of the distributions of power, the structures of the legislatures, the electoral systems, the systems of governance and mechanisms of judicial enforcement provided by these instruments. Finally, Part III makes observations and draws conclusions regarding the processes examined in Part II.

Scenes From A Law Firm, Lisa G. Lerman

Scholarly Articles

No abstract provided.

Shepardizing English Law, Stephen E. Young

Scholarly Articles

Young explores the use of noter-up resources for English legal materials, with an emphasis on case law and statutory citators. He also describes the online tools that can be used as citator services.

The Attorney-Client Privilege, Ethical Rules, And The Impaired Criminal Defendant, James A. Cohen

University of Miami Law Review

No abstract provided.

When Rights Collide: Reconciling The First Amendment Rights Of Opposing Parties In Civil Litigation, Barbara Arco

University of Miami Law Review

No abstract provided.

Reasonable Doubt In Doubt: Sentencing And The Supreme Court In United States V. Watts, Sandra K. Wolkov

University of Miami Law Review

No abstract provided.

In Memoriam: Father Bill Lewers, Jay Tidmarsh

Journal Articles

There is an old and famous Irish blessing, the last line of which runs: "And may you be in heaven half an hour before the devil knows you're dead." If anyone ever deserved to be happily ensconced in heaven for the proverbial half-hour, it is Bill Lewers.

For the last fourteen years of his life among us, Bill spent his considerable energy improving our understanding and awareness of international human rights. It became Bill's great passion. In 1983, Bill was appointed as Director of the Office of International Justice and Peace for the United States Catholic Conference. When he returned …

Table Of Contents (Vol. 69, Issue 1)

University of Colorado Law Review

No abstract provided.

The Philosopher's Stone: Dualist Democracy And The Jury, Gerard N. Magliocca

University of Colorado Law Review

No abstract provided.

Did Old Macdonald Have A Farm? Holly Farms Corp. V. National Labor Relations Board, Victoria V. Johnson

University of Colorado Law Review

No abstract provided.

Table Of Contents (Vol. 69, Issue 2)

University of Colorado Law Review

No abstract provided.

Historical Water Use And The Protection Of Vested Rights: A Challenge For Colorado Water Law, James N. Corbridge, Jr.

University of Colorado Law Review

No abstract provided.

Reclamation Of Inactive And Abandoned Hardrock Mine Sites: Remining And Liability Under Cercla And The Cwa, Lynn M. Kornfeld

University of Colorado Law Review

No abstract provided.

Will There Be Water For The National Forests?, David M. Gillilan

University of Colorado Law Review

No abstract provided.

The Indian Treaty Piscary Profit And Habitat Protection In The Pacific Northwest: A Property Rights Approach, Michael C. Blumm, Brett M. Swift

University of Colorado Law Review

No abstract provided.

Public Rangeland Reform: New Perspectives For Collaboration And Local Control Using The Resource Advisory Councils, Todd M. Olinger

University of Colorado Law Review

No abstract provided.