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Articles 181 - 210 of 277
Full-Text Articles in Jurisprudence
Erisa: Re-Thinking Firestone In Light Of Great-West - Implications For Standard Of Review And The Right To A Jury Trial In Welfare Benefit Claims, 37 J. Marshall L. Rev. 629 (2004), Donald T. Bogan
UIC Law Review
No abstract provided.
Swancc: Full Of Sound And Fury, Signifying Nothing … Much?, 37 J. Marshall L. Rev. 1017 (2004), Jeremy A. Colby
Swancc: Full Of Sound And Fury, Signifying Nothing … Much?, 37 J. Marshall L. Rev. 1017 (2004), Jeremy A. Colby
UIC Law Review
No abstract provided.
Bankruptcy And Mortgage Lending: The Homeowner Dilemma, 38 J. Marshall L. Rev. 19 (2004), A. Mechele Dickerson
Bankruptcy And Mortgage Lending: The Homeowner Dilemma, 38 J. Marshall L. Rev. 19 (2004), A. Mechele Dickerson
UIC Law Review
No abstract provided.
203 N. Lasalle Five Years Later: Answers To The Open Questions, 38 J. Marshall L. Rev. 61 (2004), Paul B. Lewis
203 N. Lasalle Five Years Later: Answers To The Open Questions, 38 J. Marshall L. Rev. 61 (2004), Paul B. Lewis
UIC Law Review
No abstract provided.
The Domestic Security Enhancement Act Of 2003: A Glimpse Into A Post-Patriot Act Approach To Combating Domestic Terrorism, 38 J. Marshall L. Rev. 327 (2004), Timothy Scahill
UIC Law Review
No abstract provided.
The Boundary Of Personal Jurisdiction: The "Effects Test" And The Protection Of Crazy Horse's Name, 38 J. Marshall L. Rev. 381 (2004), Scott Fruehwald
The Boundary Of Personal Jurisdiction: The "Effects Test" And The Protection Of Crazy Horse's Name, 38 J. Marshall L. Rev. 381 (2004), Scott Fruehwald
UIC Law Review
No abstract provided.
Finding Religion For The First Amendment, 38 J. Marshall L. Rev. 469 (2004), Troy L. Booher
Finding Religion For The First Amendment, 38 J. Marshall L. Rev. 469 (2004), Troy L. Booher
UIC Law Review
No abstract provided.
Global Antitrust Enforcement: The Sherman Act Does Not Apply Without Any Direct Domestic Effect, But Discovery Assistance May Be Available To Aid A Foreign Tribunal, According To The U.S. Supreme Court, 38 J. Marshall L. Rev. 495 (2004), Sue Ann Mota
UIC Law Review
No abstract provided.
State Sovereign Immunity And The Plaintiff State: Does The Eleventh Amendment Bar Removal Of Actions Filed In State Court?, 38 J. Marshall L. Rev. 513 (2004), Virginia F. Milstead
State Sovereign Immunity And The Plaintiff State: Does The Eleventh Amendment Bar Removal Of Actions Filed In State Court?, 38 J. Marshall L. Rev. 513 (2004), Virginia F. Milstead
UIC Law Review
No abstract provided.
Rethinking Campaign-Finance Reform: The Pressing Need For Deregulation And Disclosure, 38 J. Marshall L. Rev. 633 (2004), Cecil C. Kuhne Iii
Rethinking Campaign-Finance Reform: The Pressing Need For Deregulation And Disclosure, 38 J. Marshall L. Rev. 633 (2004), Cecil C. Kuhne Iii
UIC Law Review
No abstract provided.
Remaining Silent: A Right With Consequences, 38 J. Marshall L. Rev. 649 (2004), Jeffrey D. Waltuck
Remaining Silent: A Right With Consequences, 38 J. Marshall L. Rev. 649 (2004), Jeffrey D. Waltuck
UIC Law Review
No abstract provided.
La Responsabilidad Penal Del Individuo Por El Crimen De "Limpieza Étnica" En La Jurisprudencia Internacional, Emiliano Buis
La Responsabilidad Penal Del Individuo Por El Crimen De "Limpieza Étnica" En La Jurisprudencia Internacional, Emiliano Buis
American University International Law Review
No abstract provided.
A Rose Is A Rose Is A Rose - Or Is It - Fiduciary And Dtpa Claims Against Attorneys Third Annual Symposium On Legal Malpractice & (And) Professional Responsibility., James M. Parker Jr., Thomas H. Watkins, Rachel L. Noffke
A Rose Is A Rose Is A Rose - Or Is It - Fiduciary And Dtpa Claims Against Attorneys Third Annual Symposium On Legal Malpractice & (And) Professional Responsibility., James M. Parker Jr., Thomas H. Watkins, Rachel L. Noffke
St. Mary's Law Journal
Abstract Forthcoming.
A National Tax Bar: An End To The Attorney-Accountant Tax Turf War., Katherine D. Black, Stephen T. Black
A National Tax Bar: An End To The Attorney-Accountant Tax Turf War., Katherine D. Black, Stephen T. Black
St. Mary's Law Journal
Abstract Forthcoming.
Measure For Measure: Two Misunderstood Prinicples Of Damages, Exodus 21:22-25 Life For Life, Eye For Eye And Matthew 5:38-39 Turn The Other Cheek, Andrew R. Simmonds
Measure For Measure: Two Misunderstood Prinicples Of Damages, Exodus 21:22-25 Life For Life, Eye For Eye And Matthew 5:38-39 Turn The Other Cheek, Andrew R. Simmonds
St. Thomas Law Review
The most important measure of damages is measure for measure: the rule of proportional damages, which in its most famous iteration is the rule of "eye for eye." Found most prominently in the biblical Book of the Covenant in Exodus 21:22-25, the rule states that where two men fight and in the course of their fight a pregnant woman and her fetuses are killed the penalty shall be "life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burning for burning, stripe for stripe." The biblical maxims "eye for eye" and "you have heard it …
Modern Trends In Veterinary Malpractice: How Our Evolving Attitudes Toward Nonhuman Animals Will Change Veterinary Medicine, Mary Margaret Mceachern Nunalee, G. Robert Weedon
Modern Trends In Veterinary Malpractice: How Our Evolving Attitudes Toward Nonhuman Animals Will Change Veterinary Medicine, Mary Margaret Mceachern Nunalee, G. Robert Weedon
Animal Law Review
The purpose of this article is to trace the historical trends in the attitudes of humans toward non-human animals generally and apply that analysis to recent and predicted future trends in veterinary malpractice jurisprudence. This article is also designed to assist attorneys representing owners and veterinarians in spotting the myriad legal issues that have arisen from these trends in order to more effectively represent parties to malpractice actions.
Separations, Blow-Outs, And Fallout: A Treadise On The Regulatory Aftermath Of The Ford-Firestone Tire Recall, 37 J. Marshall L. Rev. 1073 (2004), Kevin M. Mcdonald
Separations, Blow-Outs, And Fallout: A Treadise On The Regulatory Aftermath Of The Ford-Firestone Tire Recall, 37 J. Marshall L. Rev. 1073 (2004), Kevin M. Mcdonald
UIC Law Review
No abstract provided.
Permitted But Not Intended: Boub V. Township Of Wayne, Municipal Tort Immunity In Illinois, And The Right To Local Travel, 38 J. Marshall L. Rev. 545 (2004), Bruce Epperson
UIC Law Review
No abstract provided.
Constitutional Hardball, 37 J. Marshall L. Rev. 523 (2004), Mark Tushnet
Constitutional Hardball, 37 J. Marshall L. Rev. 523 (2004), Mark Tushnet
UIC Law Review
No abstract provided.
Reply To Judge Easterbrook: Regarding History As A Judicial Duty, Harry F. Tepker
Reply To Judge Easterbrook: Regarding History As A Judicial Duty, Harry F. Tepker
Oklahoma Law Review
No abstract provided.
The Charity Oversight Authority Of The Texas Attorney General., John W. Vinson
The Charity Oversight Authority Of The Texas Attorney General., John W. Vinson
St. Mary's Law Journal
The Attorney General of Texas is the only elected official charged with regulating the state’s charitable interest. This duty and authority over charitable assets and entities are comprehensive and unique in themselves. Although the broader state representation role of American attorneys general has evolved considerably and been substantively codified in the statutory law, the area of charity regulations has remained remarkably true to its common law root. This Article will briefly examine the early roots of charity regulation and then discuss the authority and duties of the Attorney General of Texas in the modern context of charity regulation. In Texas, …
Is Sue And Be Sued Language A Clear And Unambiguous Waiver Of Immunity., A. Craig Carter
Is Sue And Be Sued Language A Clear And Unambiguous Waiver Of Immunity., A. Craig Carter
St. Mary's Law Journal
Because “sue and be sued” language is ambiguous at best, courts should not find that this language is a waiver of immunity. Under Texas law, governmental entities—including the state, its agencies, and political subdivisions—are entitled to sovereign immunity from both suit and liability. For sovereign immunity to be applicable to governmental entities, sovereign immunity applies unless the legislature has clearly and unambiguously waived it. Although numerous Texas appellate courts have held that “sue and be sued” language is a waiver of sovereign immunity, the Texas Supreme Court has squarely addressed the issue only once, in Missouri Pacific Railroad Co. v. …
School Voucher Programs: Has The Supreme Court Pulled Up The Gangplank To Establishment Clause Challenges., Cecil C. Kuhne Iii
School Voucher Programs: Has The Supreme Court Pulled Up The Gangplank To Establishment Clause Challenges., Cecil C. Kuhne Iii
St. Mary's Law Journal
The Establishment Clause is not violated when a program is neutral toward religion and provides assistance directly to a broad class of citizens, who in turn voluntarily direct the aid to religious schools. A program containing these features permits government aid to reach religious institutions only thru the deliberate choices of individuals. Any incidental advancement or endorsement of religion is attributable to the individual recipient—not the government, which simply acts as a disburser. In Zelman v. Simmons-Harris, the Supreme Court reiterated this rationale from a twenty-year line of cases. Zelman is a death knell for Establishment Clause challenges to carefully …
Confidentiality, Corporate Counsel, And Competition Law: Representing Multi-National Corporations In The European Union Third Annual Symposium On Legal Malpractice & Professional Responsibility: Symposium Presentations., Sue Bentch
St. Mary's Law Journal
Professional ethics for corporate counsel in the European Union (EU) differs from the standards required in the United States. Consequently, conflicts may arise when US corporations deal with EU countries. For instance, if an issue regarding confidentiality emerges, the company bears the burden to prove to the European Commission that a particular document is protected from disclosure. Under EU’s Regulation 17, the European Commissioner has broad powers to investigate and adjudicate suspected violations of EU competition law. The Commissioner is the equivalent of an investigator, prosecutor, judge, and jury, all rolled into one. If a communication from a company was …
The Seat Belt Defense In Texas., Brian T. Bagley
The Seat Belt Defense In Texas., Brian T. Bagley
St. Mary's Law Journal
This Comment calls upon Texas courts to recognize the seat belt defense as a form of comparative responsibility. It has become standard procedure for Americans riding in motor vehicles to “buckle up.” Seat belt usage has risen since 1994, steadily increasing to seventy-five percent in 2002, with an increase of two percent in the last year alone. Many American jurisdictions, however, still refuse to allow evidence of seat belt use or nonuse to be considered in civil suits. Courts do not allow the failure to wear a safety belt in violation of the mandatory seat belt usage statute to be …
The Texas Cave Bug And The California Arroyo Toad Take On The Constitution's Commerce Clause., Daniel J. Lowenberg
The Texas Cave Bug And The California Arroyo Toad Take On The Constitution's Commerce Clause., Daniel J. Lowenberg
St. Mary's Law Journal
Abstract Forthcoming.
Traditional Marriage: Still Worth Defending, George W. Dent
Traditional Marriage: Still Worth Defending, George W. Dent
Faculty Publications
A few years ago, I wrote an article entitled The Defense of Traditional Marriage.1 I began with the topic of same-sex marriage but soon saw that all the arguments for gay marriage were also arguments for polygamy, endogamy (or incestuous marriage), etc., so the article became a defense of traditional marriage against all these other types. The pertinent law and jurisprudence are constantly changing, so this conference offers an excellent opportunity to reconsider my views in light of new learning and thinking. A review shows the case for traditional marriage is even stronger now than it was before. As evidence …
Know Justice, Know Peace: Further Reflections On Justice, Equality And Impartiality In Settlement Oriented And Transformative Mediations, Isabelle R. Gunning
Know Justice, Know Peace: Further Reflections On Justice, Equality And Impartiality In Settlement Oriented And Transformative Mediations, Isabelle R. Gunning
Cardozo Journal of Conflict Resolution
In the conversation (or debate) on mediator responsibilities and justice, this Article argues that as mediators we should have a concern for the justness of the outcome of the mediations in which we serve. I have high hopes and expectations for mediation as one important aspect of what I see as a larger and increasingly essential project of peacemaking. But last summer, when I was teaching a basic mediation training course, and I asked my students if they understood themselves to be "peacemakers," they were almost uniformly resistant to the notion. They saw peacemakers as almost "spineless," certainly "wishy-washy," and …
The Logic Of Legal Theory: Reflections On The Purpose And Methodology Of Jurisprudence, Aaron J. Rappaport
The Logic Of Legal Theory: Reflections On The Purpose And Methodology Of Jurisprudence, Aaron J. Rappaport
Faculty Scholarship
No abstract provided.
The Constitution At The Threshold Of Life And Death: A Suggested Approach To Accommodate An Interest In Life And A Right To Die, Michael P. Allen
The Constitution At The Threshold Of Life And Death: A Suggested Approach To Accommodate An Interest In Life And A Right To Die, Michael P. Allen
American University Law Review
In the past fifteen years, the United States Supreme Court has decided three cases in which it tentatively began to explore what the United States Constitution has to say about issues that are popularly described as the "right to die." In this article, I suggest that the current state of constitutional analysis does not provide for an effective mechanism for securing an individual's "right to die," at least not without undervaluing a state's interest in the preservation of human life should a state choose to take such a position. In the article, I suggest that it is possible to adopt …