DOCSLIB.ORG

50Th Anniversary Index

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
50Th Anniversary Index DePaul Law Review Volume 50 Issue 4 Summer 2001: 50th Anniversary Issue Article 14 50th Anniversary Index DePaul College of Law Follow this and additional works at: https://via.library.depaul.edu/law-review Recommended Citation DePaul College of Law, 50th Anniversary Index, 50 DePaul L. Rev. 1253 (2001) Available at: https://via.library.depaul.edu/law-review/vol50/iss4/14 This Index is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul Law Review by an authorized editor of Via Sapientiae. For more information, please contact [email protected]. DEPAUL LAW REVIEW 50 T ANNIVERSARY INDEX TABLE OF CONTENTS I. A RTICLES INDEX ............................................ 1255 A . A UTHO RS ............................................... 1255 B . T IT LES .................................................. 1289 II. COMM ENTS INDEX ........................................... 1325 A . A UTHO RS ............................................... 1325 B . T ITLES .................................................. 1338 III. N OTES INDEX ............................................... 1353 A . A UTHO RS ............................................... 1353 B . T ITLES .................................................. 1 388 IV. BOOK REVIEW INDEX ....................................... t424 A . A UTHORS ............................................... 1424 B . T ITLES .................................................. 1433 V. LEGISLATIVE NOTES INDEX .................................. 1443 A . A UTHO RS ............................................... 1443 B . T ITLES .................................................. 1446 V I. E SSAY INDEX ................................................ 1450 A . A UTHO RS ............................................... 1450 B . T IT LES .................................................. 1451 V II. COMMENTARY INDEX ........................................ 1454 A . A UTHO RS ............................................... 1454 B . T IT LES .................................................. 1456 VIII. INDEX OF INTRODUCTIONS ................................... 1459 IX. INDEX OF D EDICATIONS ..................................... 1461 X . SUBJECT INDEX .............................................. 1462 1254 DEPAUL LAW REVIEW [Vol. 50:1254 ARTICLES INDEX AUTHORS Volume Page Aalberts et al., Robert Slotting in the Retail Grocery Business: Does it Violate J. the Public Policy Goal of Protecting Businesses Against Price Discrimination? 40 397 Abel, Richard L. Questioning the Counter-Majoritarian Thesis: The Case of Torts Abrahams, Harry The Exemption of Wages for Garnishment: Some Comparisons and Comments Abrams, Kathryn Social Construction, Roving Biologism, and Reasonable Women: A Response to Professor Epstein Abrams, Paula Spare the Rod and Spoil the Judge? Discipline of Federal Judges and the Separation of Powers Abramson, Jeffrey The Jury and Popular Culture (Symposium) Adams, Arlin M. The Doctrine of Accommodation in the Jurisprudence of the Religion Clauses Adler, Barry E. Patent Exploitation and Modern Antitrust Law: A Special Case for Merger Analysis Alexander, Hyman Medical-Legal Aspects of Pulmonary Disease Allemand, L. Edward Two European Influences On the American Revolution: Puritanism and John Locke Allen, Francis A. The Supreme Court, Federalism, and State Systems of Criminal Justice Ames IIl, Orrin K. Evidentiary Aspects Of Relevant Product Market Proof In Monopolization Cases Anastaplo, George The Public Interest in Privacy: On Becoming and Being Human Anastaplo, George What is Still Wrong with George Anastaplo? Anderson, Arthur Frustration of Contract: A Rejected Doctrine Anderson, Arthur Mutual Assent in Unilateral Contracts Since the Restatement Anderson, Arthur Repudiation of Contract-The Post-Restatement Cases Anderson, Arthur Repudiation of a Contract Under the Uniform Commercial Code Anderson, David A. Rights Under Siege Ariens, Michael S. A Uniform Rule Governing the Admission and Practice of Attorneys Before United States District Courts 35 649 1255 1256 DEPAUL LAW REVIEW [Vol. 50:1255 Volume Page Arnold. Leonard C. Prenatal Injuries: A Treatment and Prognosis of the Law 18 439 Arriola, Elvia R. Voices from the Barbed Wires of Despair: Women in the Maquiladoras, Latina Critical Legal Theory, and Gender at the U.S.-Mexico Border Ashman, Allan The Concept of a Unified Court System Aspen, Marvin E. Court-Ordered Wiretapping: An Experiment in Illinois Ausubel, Marvin V. Conflict of Laws Trends - Torts Bailey, James E. An Analytical Framework for Resolving the Issues Raised by the Interaction Between Reproductive Technology and the Law of Inheritance Baker et al., Dr. Larry Employee Insurance Benefit Plans and Discrimination D. On The Basis of Handicap (Symposium) Baker, Thomas E. Toward a Unified Theory of the Jurisdiction of The United States Courts of Appeals Bane, Charles A. Chattel Security Comes of Age: Article 9 of the Uniform Commercial Code Barnes, David W. Social Choices and Comparative Negligence: Resurrecting Galena Barrett, Andrew C. Keynote Address (Symposium) Bassiouni. M. Cherif A Century of Dedication to Criminal Justice and Human Rights: The International Association of Penal Law and the Institute of Higher Studies in Criminal Sciences Bassiouni, M. Cherif The "Human Rights Program": The Veneer of Civilization Thickens (Symposium) Bassiouni, M. Cherif Ideologically Motivated Offenses and the Political Offense Exception in Extradition - A Proposed Juridical Standard for an Unruly Problem Bassiouni, M. Cherif Introduction to a Symposium on Issues in Aero-Space Law (Symposium) Bassiouni, M. Cherif The Nationalization of the Suez Canal and the Illicit Act In International Law Bassiouni, M. Cherif Reflections on the Ratification of the International Covenant on Civil and Political Rights by the United States Senate (Symposium) Bassiouni, M. Cherif The Right of the Mentally Ill to Cure and Treatment: Medical Due Process Bassiouni, M. Cherif Scientific Approaches to Juvenile Delinquency and Criminality Bassiouni, M. Cherif United States Public Fund Sources for International Investment and Trade Bassiouni, M. Cherif The War Power and the Law of War: Theory and Realism 2001] ARTICLES INDEX 1257 Vc lume Page Bast, Carol M. What's Bugging You? Inconsistencies and Irrationalities of the Law of Eavesdropping 47 837 Bauer, William J. Present County Government System - Best of All Possible Worlds? 17 524 Baxter, Michael J. "Overall, The First Amendment Has Been Very Good for Christianity" - NOT!: A Response to Dyson's Rebuke Bayne, David C. Kaiser-Frazer v. Otis: A Legal and Moral Analysis Bayne, David C. The Natural Law for Lawyers-A Primer Bayne, David C. The Supreme Court and the Natural Law Beck et al., Robert E. Illinois Coal Mine Subsidence Law Becker, Benjamin M. Ethics in Public Life-A Challenge to the Lawyer Beermann, Jack M. Municipal Responsibility for Constitutional Torts (Symposium) 48 627 Begleiter, Martin D. Estate Planning in the Nineties: Friday the Thirteenth, Chapter 14 - Jason Goes to Washington - Part It 47 1 Beis, Edward B. Civil Commitment: Rights of the Mentally Disabled, Recent Developments and Trends 23 42 Beis, Edward B. Rights of the Mentally Disabled - The Conflicting Steps Taken in Illinois 24 545 Bellows, Charles A. Developments in Criminal Law 1950-1960 10 339 Bellows, Jason E. Recent Developments in Illinois Criminal Case Law 23 232 Belton, Robert The Civil Rights Act of 1991 and the Future of Affirmative Action: A Preliminary Assessment 41 1085 Benett, Edward J. Sales (Survey) 22 156 Benett, Edward J. Sales 23 179 Benett, Edward J. Illinois Developments in Contract-Sales 24 341 Bennett, Barry Eminent Domain and Redevelopment: The Return of Engine Charlie 31 115 Berg, Raymond K. Criminal Procedure: France, England, and the United States 8 256 Berg, Raymond K. Improving the Administration of Justice in Traffic Court 19 503 Berger, Robert M. The Bill Collector and the Law - A Special Tort, At Least for a While 17 327 Berger, Vada Domestic Partnership Initiatives 40 417 Bernardi, Frederick A. The Exclusionary Rule: Is A Good Faith Standard Needed to Preserve A Liberal Interpretation of the Fourth Amendment 30 51 Bernardin, Joseph The Role of the Religious Leader in the Development of Cardinal Public Policy Bernardin, Joseph Seeking A Common Ground on Human Rights Cardinal Bernstein, Anita The New-Tort Centrifuge 49 413 1258 DEPAUL LAW REVIEW [Vol. 50:1255 Volume Page Beschle, Donald L. Defining the Scope of State Sovereignty Under the Tenth Amendment: A Structural Approach 34 163 Beveridge, Jr., The Corporate Director's Fiduciary Duty of Loyalty: Norwood P. Understanding the Self-Interested Director Transaction 41 655 Beveridge, Jr., Does the Corporate Director Have a Duty Always to Norwood P. Obey the Law? 45 729 Bevilacqua, Anthony Foreword: Church and State - Partners in Freedom J. (Symposium) 39 989 Binder, Denis Cutting the Nimbian Knot: A Primer (Symposium) 40 1009 Bitker, Bruno V. Application of the United Nations' Universal Declaration of Human Rights Within the United States (Symposium) 21 337 Blanck, Peter David The Economics of the Employment Provisions of the Americans with Disabilities Act: Part I - Workplace Accommodations (Symposium) 46 877 Blomquist, Robert F. The Conservation Foundation's Proposed "Environmental Protection Act": Prospects and Problems for an Integrated Pollution Control Code for the United States (Symposium) 40 937 Blum. Karen M. Municipal Liability:
Load more

Recommended publications
  • Inmate Litigation Margo Schlanger Harvard Law School, [email protected]
    University of Michigan Law School University of Michigan Law School Scholarship Repository Articles Faculty Scholarship 2003 Inmate Litigation Margo Schlanger Harvard Law School, [email protected] Available at: https://repository.law.umich.edu/articles/1296 Follow this and additional works at: https://repository.law.umich.edu/articles Part of the Courts Commons, Law Enforcement and Corrections Commons, Legislation Commons, and the Torts Commons Recommended Citation Schlanger, Margo. "Inmate Litigation." Harv. L. Rev. 116, no. 6 (2003): 1555-706. This Article is brought to you for free and open access by the Faculty Scholarship at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Articles by an authorized administrator of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. VOLUME 116 APRIL 2003 NUMBER 6 HARVARD LAW REVIEW I ARTICLE INMATE LITIGATION Margo Schlanger TABLE OF CONTENTS INTRODUCTION r557 I. INMATE LITIGATION TRENDS r565 A. The Varied Subject Matter ofInmate Litigation r570 B. Inmate Litigation Rates r575 C. Inmate Filing Rates over Time: The "Deluge" r578 D. OfBabies and Bath Water: The Processing ofInmate Cases r587 II. OUTCOMES IN INMATE CASES (PRIOR TO THE PLRA) r590 A. Outcomes: The Data r593 B. Outcomes: Explanations r605 1. Limited Legal Rights/Exacting Decision Standard , r605 2. Easy Access to Courts r 607 3. The Absence of Counsel r609 4· Obstacles to Settlement. r6 r4 (a) The Impact of the Low Quality of the Docket r6r4 (b) Asymmetric Information r6r6 (c) Low Litigation Costs r6r7 (d) Perceived High External Settlement Costs r6r7 (e) Corrections Culture r620 5.
    [Show full text]
  • Criminal Defamation: Still “An Instrument of Destruction” in the Age of Fake News
    CRIMINAL DEFAMATION: STILL “AN INSTRUMENT OF DESTRUCTION” IN THE AGE OF FAKE NEWS Jane E. Kirtley* & Casey Carmody** I. INTRODUCTION When Bangladeshi journalist Abdul Latif Morol, a correspondent for the Daily Probaha, used Facebook on August 1, 2017 to relay reports about the death of a goat, he was not expecting to be the target of a criminal defamation prosecution.1 The previous day, Bangladesh’s Minister of State for Fisheries and Livestock Narayan Chandra Chanda donated the goat to a poor farmer in Dumuria during an event sponsored by the government’s local livestock department.2 Following the event, news organizations published stories noting that the goat had died overnight. Morol took to Facebook to report the information, writing, “Goat given by state minister in the morning dies in the evening.”3 Soon after the post was published, fellow journalist Subrata Faujdar, a correspondent for the Daily Spandan, filed a criminal defamation complaint against Morol.4 Faujdar claimed that Morol’s post, which also contained a photo of the minister, was intended to demean the official.5 Faujdar was a supporter of the ruling party in Bangladesh and filed the complaint because * Silha Professor of Media Ethics and Law, and Director, Silha Center for the Study of Media Ethics and Law, Hubbard School of Journalism and Mass Communication, University of Minnesota; Affiliated Faculty Member, University of Minnesota Law School. ** PhD Candidate, Hubbard School of Journalism and Mass Communication, University of Minnesota. The authors gratefully acknowledge the research assistance of Scott Memmel, PhD candidate and editor Silha Bulletin, Hubbard School of Journalism and Mass Communication, University of Minnesota, in the preparation of this article.
    [Show full text]
  • Trends to Note in Alcoholic Beverage Trademark Law That Can Impact
    Buffalo Intellectual Property Law Journal Volume 12 Number 1 2018-01-01 Article 5 1-1-2018 Trends to Note in Alcoholic Beverage Trademark Law That Can Impact the Decision Making Process for Businesses At Critical Points in the Alcoholic Beverage Product Life Cycle Tracy Jong Tracy Jong Law Firm Luis Emilio Ormaechea Tracy Jong Law Firm Follow this and additional works at: https://digitalcommons.law.buffalo.edu/buffaloipjournal Recommended Citation Tracy Jong & Luis E. Ormaechea, Trends to Note in Alcoholic Beverage Trademark Law That Can Impact the Decision Making Process for Businesses At Critical Points in the Alcoholic Beverage Product Life Cycle, 12 Buff. Intell. Prop. L.J. 19 (2018). Available at: https://digitalcommons.law.buffalo.edu/buffaloipjournal/vol12/iss1/5 This Article is brought to you for free and open access by the Law Journals at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Buffalo Intellectual Property Law Journal by an authorized editor of Digital Commons @ University at Buffalo School of Law. For more information, please contact [email protected]. TRENDS TO NOTE IN ALCOHOLIC BEVERAGE TRADEMARK LAW THAT CAN IMPACT THE DECISION MAKING PROCESS FOR BUSINESSES AT CRITICAL POINTS IN THE ALCOHOLIC BEVERAGE PRODUCT LIFE CYCLE 2 TRAcY JONG' AND LUIs ORMAECHEA Tracy Jong is a patent and trademark attorney at Tracy Jong Law Firm. Tracy focuses her practice on client counseling related to patent and trademark prosecution for a range of clients including small startup companies, restaurants and bars, craft beverage companies and product manufacturers. Tracy received her J.D.
    [Show full text]
  • The Hacker's Aegis
    Emory Law Journal Volume 60 Issue 5 2010 The Hacker's Aegis Derek E. Bambauer Oliver Day Follow this and additional works at: https://scholarlycommons.law.emory.edu/elj Recommended Citation Derek E. Bambauer & Oliver Day, The Hacker's Aegis, 60 Emory L. J. 1051 (2010). Available at: https://scholarlycommons.law.emory.edu/elj/vol60/iss5/1 This Article is brought to you for free and open access by the Journals at Emory Law Scholarly Commons. It has been accepted for inclusion in Emory Law Journal by an authorized editor of Emory Law Scholarly Commons. For more information, please contact [email protected]. BAMBAUER&DAY GALLEYSFINAL 6/6/2011 10:27 AM THE HACKER’S AEGIS Derek E. Bambauer* ∗∗ Oliver Day ABSTRACT Intellectual property (IP) law stifles critical research on software security vulnerabilities, placing computer users at risk. Researchers who discover flaws often face IP-based legal threats if they reveal findings to anyone other than the software vendor. This Article argues that the interplay between law and vulnerability data challenges existing scholarship on how intellectual property law should regulate information about improvements on protected works, and suggests weakening, not enhancing, IP protections where infringement is difficult to detect, lucrative, and creates significant negative externalities. It proposes a set of three reforms—“patches,” in software terms—to protect security research. Legal reform would create immunity from civil IP liability for researchers who follow “responsible disclosure” rules. Linguistic reform would seek to make the term hacker less threatening either by recapturing the term’s original meaning, or abandoning it.
    [Show full text]
  • Protection Against Abuse of Trademark Law in Greater China: a Br
    Friedmann: Protection Against Abuse of Trademark Law in Greater China: A Br Friedmann camera ready (Do Not Delete) 7/5/2017 11:10 AM PROTECTION AGAINST ABUSE OF TRADEMARK LAW IN GREATER CHINA: A BRIEF ANALYSIS OF THE PEOPLE’S REPUBLIC OF CHINA, HONG KONG, MACAU, AND TAIWAN DANNY FRIEDMANN* TABLE OF CONTENTS I. INTRODUCTION ......................................................................... 158 II. THREE DIMENSIONS OF ABUSE OF TRADEMARK LAW AND SOME SOLUTIONS ................................................................. 161 A. Abusive Trademark Registration and Opposition or Revocation................................................................... 163 1. Registration of a Trademark that Should be Refused on Relative Grounds .............................................. 163 2. Registration of a Trademark that Should be Refused on Absolute Grounds ............................................. 171 3. Opposition to or Revocation of a Trademark that Deserves to be Registered ...................................... 172 B. Abusive Threats of Litigation and Injunction ............... 173 1. Threatening Litigation ........................................... 174 2. Injunctions.............................................................. 174 3. Customs’ Detainment ............................................. 178 4. Litigation and Recovering Legal Costs.................. 180 * Dr. Danny Friedmann, PhD in Laws, Chinese University of Hong Kong, LLM at University of Amsterdam, Nyenrode Business University, Breukelen, the Netherlands,
    [Show full text]
  • Media Countersuits in Libel Law: a Statutory and Judicial Framework Kyu Ho Youm
    Hastings Communications and Entertainment Law Journal Volume 17 | Number 2 Article 1 1-1-1994 Media Countersuits in Libel Law: A Statutory and Judicial Framework Kyu Ho Youm Douglas A. Anderson Follow this and additional works at: https://repository.uchastings.edu/ hastings_comm_ent_law_journal Part of the Communications Law Commons, Entertainment, Arts, and Sports Law Commons, and the Intellectual Property Law Commons Recommended Citation Kyu Ho Youm and Douglas A. Anderson, Media Countersuits in Libel Law: A Statutory and Judicial Framework, 17 Hastings Comm. & Ent. L.J. 383 (1994). Available at: https://repository.uchastings.edu/hastings_comm_ent_law_journal/vol17/iss2/1 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Communications and Entertainment Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Media Countersuits in Libel Law: A Statutory and Judicial Framework by Kyu Ho YOUM* and DOUGLAS A. ANDERSON** Table of Contents I. Media Fighting Back: Why? ......... 386 II. Statutory and Judicial Framework ...................... 392 A . Statutes and Rules .................................. 392 B. Judicial Interpretations ............................. 396 1. Media Countersuits Prevail ..................... 397 2. Media Countersuits Fail ........................ 404 III. Implications of Media Countersuits ..................... 409 IV. Summary and Conclusions .............................. 412 * Associate Professor, Walter Cronkite School of Journalism and Telecommunica- tion, Arizona State University. Ph.D., Southern Illinois University, Carbondale, 1985. ** Director and Cronkite Endowment Board of Trustees Professor, Walter Cronkite School of Journalism and Telecommunication, Arizona State University. Ph.D., Southern Illinois University, Carbondale, 1977. HASTINGS COMM/ENT L.J.
    [Show full text]
  • Libel Law and the Press: U.S. and South Korea Compared
    UCLA UCLA Pacific Basin Law Journal Title Libel Law and the Press: U.S. and South Korea Compared Permalink https://escholarship.org/uc/item/0s89c0kk Journal UCLA Pacific Basin Law Journal, 13(2) Author Youm, Kyu Ho Publication Date 1995 DOI 10.5070/P8132022071 Peer reviewed eScholarship.org Powered by the California Digital Library University of California ARTICLES LIBEL LAW AND THE PRESS: U.S. AND SOUTH KOREA COMPARED Kyu Ho Youmt I. INTRODUCTION Freedom of the press is not absolute; it must be balanced against other competing social interests. As the U.S. Supreme Court stated: "[A]bsolute protection for the communications media requires a total sacrifice of the competing value served by the law of defamation."' Legal protection against injury of a per- son's reputation is an "intersubjectively reasonable transcultural goal of the law."'2 The libel law of a society, however, indicates to a large extent how that society views the relative importance 3 of reputational interest vis-A-vis freedom of the press. In the United States, press freedom is protected as a consti- tutional right, but reputation is not.4 First Amendment scholar Frederick Schauer has written: "The American approach . reflects a society in which the press is considered to occupy a much more important role in the resolution of public issues. The press occupies a special position in the American system, a posi- t Associate Professor, Cronkite School of Journalism and Telecommunica- tion, Arizona State University. Author's note: The "South Korea" sections of this article have been drawn from revision of the author's Libel Law and the Press in South Korea: An Update," OCCASIONAL PAPERSfREPRINTS SERIES IN CONTEMPO- RARY ASIAN STUDIES no.
    [Show full text]
  • Defense-Side Litigation Financing Emily Samra†
    The Business of Defense: Defense-Side Litigation Financing Emily Samra† INTRODUCTION Imagine an entrepreneur starting a business: She has ob- tained the venture capital, developed the product, created the website, and started selling. Her balance sheet is slowly growing when she receives notice that a competitor has filed suit against her. The lawsuit alleges trademark infringement and unfair com- petition, and the plaintiff is seeking injunctive relief and damages in the millions. The entrepreneur panics. While she doubts that the lawsuit has strong merits, the cost of defending it would re- quire her to use all of the venture capital financing she obtained, and she doubts her business could survive until the end of litiga- tion.1 Where should she turn? She might consider turning to a new industry that is devel- oping in the United States: defense-side litigation financing. In exchange for providing the financier a promised rate of return if the litigation is successful, the business can obtain funding to fight the lawsuit and transfer the risk, even if slight, of an unfa- vorable judgment. With the availability of defense-side financing, the business can continue growing while fighting the litigation. As the example above shows, defense-side financing can pro- vide a valuable service by filling a risk management gap that has † BS 2009, University of Michigan; JD Candidate 2017, The University of Chicago Law School. 1 For an example of this type of scenario, see Colleen Taylor, Fab Sues Flash Sales Site TouchOfModern for Alleged Trademark Infringement (TechCrunch, Aug 15, 2012), archived at http://perma.cc/3QKR-44D6.
    [Show full text]
  • The Online Media Legal Network After 500 Referrals
    ! ! ! ! ! ! ! ! ! ! April 2014 ! The Legal !Needs of Emerging Online! Media: The Online Media! Legal Network ! After 500 Referrals ! By Jeffrey P. Hermes, Director, Digital Media Law Project Andrew F. Sellars Assistant Director, Digital Media Law Project http://www.dmlp.org/omln500! ! ! ! ! ! ! ! ! ! ! ! This work is licensed under !a Creative Commons Attribution-NonCommercial 3.0 Unported License. ABOUT THE DIGITAL MEDIA LAW PROJECT The Digital Media Law Project (DMLP) provides legal information, resources, and scholarship for independent, online media. The DMLP began as the “Citizen Media Law Project” in 2007, focusing its work on providing resources to citizen journalists. The project changed its name in 2012 to reflect the broader range of independent digital media ventures that it has grown to serve, including professional journalists and content creators operating outside of the traditional !publishing industry. The Digital Media Law Project is a project of the Berkman Center for Internet & Society at !Harvard University. ! ABOUT THE BERKMAN CENTER FOR INTERNET & SOCIETY The Berkman Center for Internet & Society is a research center founded at Harvard Law School in 1997. Now a University-wide Center, it serves as the locus for a network of Harvard and other faculty, students, fellows, lawyers, entrepreneurs, and others working to identify and engage with the challenges and opportunities presented by the Internet. The Center is devoted to research and teaching on issues at the intersection of emerging technologies, law, public policy, industry, and education, and to the development of dynamic approaches and rigorous scholarship that can !affect and support the public interest. ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ACKNOWLEDGEMENTS A number of individuals and organizations have been vital to the success of the Online Media Legal Network.
    [Show full text]
  • Durham E-Theses
    Durham E-Theses Liability for negligence by members of professions Covell, John How to cite: Covell, John (1989) Liability for negligence by members of professions, Durham theses, Durham University. Available at Durham E-Theses Online: http://etheses.dur.ac.uk/6511/ Use policy The full-text may be used and/or reproduced, and given to third parties in any format or medium, without prior permission or charge, for personal research or study, educational, or not-for-prot purposes provided that: • a full bibliographic reference is made to the original source • a link is made to the metadata record in Durham E-Theses • the full-text is not changed in any way The full-text must not be sold in any format or medium without the formal permission of the copyright holders. Please consult the full Durham E-Theses policy for further details. Academic Support Oce, Durham University, University Oce, Old Elvet, Durham DH1 3HP e-mail: [email protected] Tel: +44 0191 334 6107 http://etheses.dur.ac.uk LIABILITY FOR MSGLIOEMCS BY E2EI3BERS OF PROFESSIONS &BSTR&CT The themes of the thesis arise from a perceived increase in the incidence of liability for negligence by professional persons. Factors affecting the increase are many and show there is a delicate balance to be maintained between independent action on the part of the professional and control by regulatory agencies such as the professional bodies and the courts. Chapter 1 The history of professional negligence is intimately connected with the development of the tort of negligence and the law of contract.
    [Show full text]
  • The Solution to the Real Blackmail Paradox: the Common Link Between Blackmail and Other Criminal Threats
    Louisiana State University Law Center LSU Law Digital Commons Journal Articles Faculty Scholarship 2007 The Solution to the Real Blackmail Paradox: The Common Link Between Blackmail and Other Criminal Threats Ken Levy Louisiana State University Law Center, [email protected] Follow this and additional works at: https://digitalcommons.law.lsu.edu/faculty_scholarship Part of the Criminal Law Commons Repository Citation Levy, Ken, "The Solution to the Real Blackmail Paradox: The Common Link Between Blackmail and Other Criminal Threats" (2007). Journal Articles. 35. https://digitalcommons.law.lsu.edu/faculty_scholarship/35 This Article is brought to you for free and open access by the Faculty Scholarship at LSU Law Digital Commons. It has been accepted for inclusion in Journal Articles by an authorized administrator of LSU Law Digital Commons. For more information, please contact [email protected]. CONNECTICUT LAW REVIEW VOLUME39 FEBRUARY 2007 NUMBER3 Article The Solution to the Real Blackmail Paradox: The Common Link Between Blackmail and Other Criminal Threats KEN LEVY Disclosure of true but reputation-damaging information is generally legal. But threats to disclose true but reputation-damaging information unless payment is made are generally criminal. Most scholars think that this situation is paradoxical because it seems to involve illegality mysteriously arising out of legality, a criminal act mysteriously arising out of an independently legal threat to disclose conjoined with an independently legal demand for money. But this is not quite right. The real paradox raised by the different legal statuses of blackmail threats to disclose and disclosure itself involves a contradiction between our strong intuition that blackmail threats should be criminal and some equally strong arguments, all of which depend on the fact that disclosure is legal, that blackmail threats should be legal.
    [Show full text]
  • Threats and Criminal Deterrence in Several Dimensions
    University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 2017 Threats and Criminal Deterrence in Several Dimensions Saul Levmore Ariel Porat Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Saul Levmore & Ariel Porat, "Threats and Criminal Deterrence in Several Dimensions," 2017 University of Illinois Law Review 1333 (2017). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. THREATS AND CRIMINAL DETERRENCE IN SEVERAL DIMENSIONS Saul Levmore* Ariel Porat** This Article's claim is that deterrence in criminal law is com- posed of four oft-competing goals that ought to be taken into account when calibratingsanctions. Consider an offender, such as an armed robber or kidnapper, who threatens to commit a yet more serious crime unless the victim surrenders. The first goal, or dimension, of de- terrence is to deter the threat, or crime in general, and this suggests a high sanction for the armed robbery or other threatening crime. A second goal is to deter escalation, in this case the execution of the threat once issued. This goal normally suggests a large gap between the sanctions for lesser and greater crimes, in order to discourage es- calation. Given a natural, or practical, ceiling to criminal penalties, the suggested gap often implies a relatively low sanction for the lesser crime, or threat, and some sacrifice of direct deterrence.
    [Show full text]