MORALITY-BASED LEGISLATION IS ALIVE AND WELL: WHY THE LAW PERMITS CONSENT TO BODY MODIFICATION BUT NOT SADOMASOCHISTIC SEX
- The Argument Generalized. // Michigan Law Review;Feb2006, Vol. 104 Issue 4, p645
The article explains why consent fails in four familiar legal situations namely tradeable pollution licenses, the assumption-of-risk defense, victimless crimes and personal service contracts. The use of tradeable pollution licenses would make the transactions of the type one found to be...
- S&M master's estate to be punished in court. deKoven, Robert // Gay & Lesbian Times;11/1/2007, Issue 1036, p25
The author reflects on the civil issue of local S&M community or violence within same sex relationship into criminal and civil law in California. He emphasizes that the local law presumes that a person may consent to a simple battery, but not aggravated assault in the issue. He discusses the S&M...
- NOTICE, CONSENT, AND NONCONSENT: EMPLOYEE PRIVACY IN THE RESTATEMENT. Willborn, Steven L. // Cornell Law Review;2015, Vol. 100 Issue 6, p1423
An essay is presented which addresses the legal aspects of employee privacy, notice, and consent in relation to the American Law Institute's "Restatement of Employment Law" treatise as of 2015. Legal defenses to allegations of privacy intrusions are examined, along with the concept of...
- The `Drunk's Defence'. Wilson, Beth // Legaldate;Jul99, Vol. 11 Issue 3, p8
Reports that Australia's Attorney-General in Victoria asked for an investigation of the so-called drunk's defense after a rugby player was acquitted on a charge of assault.
- Burdening the Least of Us: `Race-Conscious' Ethics in Criminal Defense. Smith, Abbe // Texas Law Review;May99, Vol. 77 Issue 6, p1585
Comments on the writings of Anthony V. Alfieri concerning criminal defense lawyering. Defense lawyers as responsible for persistence of racism in the justice system; Powerlessness of defense lawyers; Necessity for a more community-centered approach to advocacy.
- 5 Vital Steps to Prepare to Win Your Case at Trial. Dembiec Jr., Walter F. // Corporate Legal Times;Jun2000, Vol. 10 Issue 103, p30
Offers advice to in-house attorneys and litigation managers on how to properly position a company to present its best defense. Selection of the right outside attorney; Importance of demanding more of outside counsel; Aggressive use of defensive discovery techniques.
- The best defense against lenders liability claims. Glovka, Richard P.; Simon, David M. // Secured Lender;May/Jun98, Vol. 54 Issue 3, p8
Presents information on obtaining the best defense against commercial lender liability claims in Illinois. Reference to a liability claims case; Information on the enactment of Credit Agreements Act in 1989; Detailed information on the act; Information on debtor and lender relations since the...
- The Interstate Practice of Law: Are You Crossing the Line? Barker, William T. // Defense Counsel Journal;Oct2000, Vol. 67 Issue 4, p436
Presents an article which intended to alert defense lawyers about the legality of multistate practice in the United States. Analysis on the decision given by the California Supreme Court to the Birbrower, Montalbano, Condon & Frank P.C. versus Superior Court case in 1998; Discussion on the pro...
- One rule for the creditor. // Credit Management;Jan2004, p7
Focuses on the Civil Procedure Rules in Great Britain that require that defenses must be fully pleaded. Goal in designing and setting the requirements; Assessment of whether the courts are enforcing the rules fairly; Discussion of cases and complaints from creditors.