363 research outputs found

    On the Passing of My Friend, Dick Wellman

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    Writing the introduction to a symposium in memory of a friend is a great honor, of course, and one that I seized immediately, for fear that the Editor in Chief might change his mind

    Harold G. Maier: A World Class Fellow Indeed

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    Hal Maier has played many roles in my life: he has been my teacher, my boss, my advisor, my colleague, and most and best of all, my friend. In all those roles, he has exhibited enthusiasm, patience, tact, and brilliance. Not at all a bad combination, I would say. Come with me back to his classroom, circa 1970-1971. The subject is Conflict of Laws (which was required back then) or Law of the European Economic Community (which one with no interest in international law only took because of the masterful teacher). Clad in white shirt and oh-so-narrow tie which he constantly seemed to be adjusting, Professor Maier was one of those teachers who wandered around the front of the classroom, seeming to come toward the student he was engaging in conversation. Always a conversation, not a performance. Careful question after careful question. No yelling or screaming, but a brilliant demonstration of complete control of the subject. What the hell does renvoi mean anyway? The flat-topped fellow pacing the front of the room in his comfortable shoes kept prodding and poking until we all understood. One always left his classroom feeling that some progress had been made in the grand mission of trying to figure out this law stuff

    Nineteenth Century Anti-Entrepreneurial Nuisance Injunctions--Avoiding the Chancellor

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    This Article will explain how the 19th-century entrepreneur, faced with a hostile rule of strict liability for interference with the use and enjoyment of property, avoided the heavy hand of the chancellor\u27s injunction. Although the term entrepreneur describes a diverse group of businessmen--from the mill owner to the early 19th century to the slaughterhouse operator of later in the century--the denominator common to all nuisance action in this period was a developmental use of real property that interfered with the use of neighboring property. An examination of the responses of courts to private nuisance suits between an individual property owner and the entrepreneur at various stages of economic development will provide the framework for this study of the evolution of nuisance doctrine

    Lyman Ray Patterson: Scholar and Gentle Man

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    The University of Georgia School of Law community and the legal academy lost a dear friend, an outstanding scholar, and a wonderful colleague and teacher when Ray Patterson died after a long career and a short illness in November 2003

    The Abortion Controversey: A Study in Law and Politics

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    The Supreme Court\u27s 1973 decision in Roe v. Wade, which held that women have a federal constitutional right to an abortion, has generated considerable controversy. The abortion issue became politically significant in the 1960\u27s, when, emboldened by the Supreme court\u27s recognition of a constitutionally based right of privacy, activists initiated a series of legal challenges to the validity of state abortion laws. Their efforts finally succeeded in 1973 when the Supreme Court in Roe and Doe v. Bolton struck down as unconstitutional the Texas and Georgia abortion laws. For those who objected to the result in Roe, however, the occasion was not necessarily one of final defeat. Though Roe was a decisive victory for the pro-abortion forces, it was only the first battle in what was to become a fierce struggle over fundamental principle. The purpose of this article is not to explore the evolution of Supreme Court doctrine concerning abortion. Rather, the purpose is to look at the abortion controversy in terms of the political reaction that it engendered. This study concentrates on two aspects of what since 1973 can be described as the ongoing guerilla war against Roe. the first concerns the post-Roe legislation at both the state and federal levels purporting to regulate abortion through time, place and manner restrictions. Much of this legislation was an attempt to circumvent Roe or at the least to minimize its consequences. The second aspect of the study concerns the various proposals designed not merely to mitigate the effects of Roe, but to overrule it either directly or indirectly. The bulk of this discussion deals with the rather surprising variety of constitutional amendments put forward in Congress. A significant part, however, focuses on legislative substitutes for a constitutional amendment. These include proposed jurisdictional restrictions on the Supreme Court and lower federal courts, and proposed substantive legislation based on Section 5 of the Fourteenth Amendment, which defines life for constitutional purposes. While it is true that limiting the jurisdiction of the federal courts to hear abortion cases would not explicitly overrule Roe because of the doctrine of stare decisis, it would effect a shift of power to the state courts which alone would have the ability to grant remedies in abortion cases. In effect, the force of Roe would be greatly reduced. The opponents of Roe, however, have not been able to unite on an approach for overruling it because some believe that the primary problem with the decision is a moral one, namely its approbation of abortion, while others object to it because of its implications for federalism and the policy-making role of the judiciary. This split in the anti-abortion ranks, which we shall call the moralist - federalist split. has gravely hindered the opponents of Roe, rendering it unlikely that the Congress will pass a measure designed to overrule Roe in the near future. Given the current political climate, the most serious and immediate threat to Roe is the possibility of a change in the composition of the Supreme Court

    Idiopathic benign retroperitoneal cyst: a case report

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    <p>Abstract</p> <p>Introduction</p> <p>Retroperitoneal cysts are uncommon, with an estimated incidence of 1/5750 to 1/250,000.</p> <p>Case presentation</p> <p>A male patient was admitted with an abdominal pain, jaundice and fever. Clinical examination and investigations confirmed an idiopathic benign retroperitoneal cyst. He underwent surgery and was discharged after making good recovery.</p> <p>Conclusion</p> <p>Retroperitoneal cysts are very rare, and most of the time they are discovered incidentally. Patients may be asymptomatic or present with abdominal pain, referred pain to the legs or weight loss. Imaging may help diagnose these lesions, but surgery is the keystone in confirming the diagnosis. This case is very rare and very educational as it highlights an unusual presentation of a benign retroperitoneal cyst. In our patient, the course of the disease was unique as the patient presented with jaundice.</p

    Tributes to Family Law Scholars Who Helped Us Find Our Path

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    At some point after the virus struck, I had the idea that it would be appropriate and interesting to ask a number of experienced family law teachers to write a tribute about a more senior family law scholar whose work inspired them when they were beginning their careers. I mentioned this idea to some other long-term members of the professoriate, and they agreed that this could be a good project. So I reached out to some colleagues and asked them to participate. Many agreed to join the team. Some suggested other potential contributors, and some of these suggested faculty members also agreed to submit a tribute. The authors have written about a diverse group of distinguished scholars in the area of family law. We have included 12 scholars who have contributed substantially to the field, and they have also influenced those who have written about them here. The honored scholars and the tribute authors are as follows (organized alphabetically by the honoree): Homer H. Clark Jr. (1918-2015), by Ann Laquer Estin Cooper Davis, by Melissa MurrayPeggy Mary Ann Glendon, by June Carbone Herma Hill Kay (1934-2017), by Barbara A. Atwood Robert Levy, by Paul M. Kurtz Marygold (Margo) Shire Melli (1926-2018), by J. Thomas Oldham & Bruce M. Smyth Martha Minow, by Brian H. Bix Robert Mnookin, by Elizabeth S. Scott Twila Perry, by R.A. Lenhardt Dorothy E. Roberts, by Jessica Dixon Weaver Carol Sanger, by Solangel Maldonado Barbara Bennett Woodhouse, by Sacha M. Coupet Each colleague who participated in this project chose the scholar whose work he or she would celebrate. So, the list of those honored here is subjective and, to a certain extent, serendipitous. This Article is part of a Family Law Quarterly issue that also honors other pioneering contributors to the family law field. We hope to make this a continuing project and to have future opportunities to recognize the many scholars who have had a profound impact on their students – and on all of us – in addition to having an important impact on the development of the law. I trust the reader will find these tributes of interest
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