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Peter Lake, The Special Relationship(s) between a College and a Student: Law and Policy Ramifications for the Post In Loco Parentis College, 37 Idaho L. Rev. 531 (2001)Clicking on the button will copy the full recommended citation.
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Theresa J. Pulley Radwan, Limitations on Assumption and Assignment of Executory Contracts by “Applicable Law”, 31 New Mexico L. Rev. 299 (2001)Clicking on the button will copy the full recommended citation.
11 U.S.C. section 365 considers the treatment of executory contracts in bankruptcy proceedings. Subsection 365(c)(1) prohibits the assumption or assignment of executory contracts when a contractual or legal provision would applicable law excuses a party from accepting third-party performance, while subsection 365(f) allows assignment of an executory contract under certain circumstances regardless of legal or contractual prohibitions on the assignment. This article considers the balance between these sometimes-contradictory subsections of the Bankruptcy Code, and concludes that Congress intended to allow the assumption of executory contracts even if they are not assignable in order to further the objections of reorganization bankruptcy proceedings.
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Ann Piccard, Narratives of Imprisonment: NPR’s Prison Diaries, 25 Legal Studies Forum 485 (2001)Clicking on the button will copy the full recommended citation.
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Darryl Wilson, Elder Law Issues in the Basic Real Property Course, 30 Stetson L. Rev. 353 (2001)Clicking on the button will copy the full recommended citation.
The proverbial "graying of America" has given rise to a constant need to re-evaluate many core areas of substantive law to determine the degree to which they are intertwined with legal issues that are of great concern to senior citizens. This article focuses on the aspects of the basic real property course that intersect with the substantive area known as "Elder Law". Elder law is a diverse field that has grown geometrically in recent years as modern medicine continues to extend our life expectancy. Because we are all living longer elder law issues extend beyond mere concerns of property descent and distribution. While it is certainly true that any of us could pass away at any given moment, the elderly understandably think about death more often than others and are therefore more concerned about their property passing to the parties they choose. But as the elderly continue to press forward they are also anxious about their quality of life and the legal implications of having others assist in the daily legal issues surrounding acquisition, maintenance and transfers of property while they still have a strong body and mind.
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Roy Balleste, Could You Translate This Site for Me – Rating the Usefulness of Translation Software Programs for Law Library Web Sites, 5 AALL Spectrum 4 (2001)Clicking on the button will copy the full recommended citation.
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Darryl Wilson, Home Field Disadvantage: The Negative Impact of Allowing Home Schoolers to Participate in Mainstream Sports, 3 Virginia Journal of Sports and the Law 1 (2001)Clicking on the button will copy the full recommended citation.
Everyone's heard of the proverbial home field advantage in sports whereby the friendly confines of one's own humble abode provides a competitive edge over the inherent stress of being a member of the visiting team in a hostile environment. This article does not aim to analyze the extent to which the psychological perceptions of the home-field advantage manifest themselves into a positive reality. Instead the issues surrounding a more recent phenomenon are explored wherein progressively larger numbers of students are leaving the traditional school setting in favor of being taught at home. The home-schooler, for whatever reason, has become disassociated from the normal group-teaching mainstream environment offered by the more standard, yet varied educational options and instead receives individualized-educational attention literally within the confines of his or her own dwelling. Despite making the choice to avoid the mainstream scholastically, the home-schoolers argue that they are entitled to take advantage of the extracurricular offerings of the mainstream, including band and other arts programs as well as the right to be a member of the best sports teams whether public, private or parochial.
This article initially reviews the evolution of the home-school movement and the quest of the home-school student to participate in sports. The history is followed by an analysis of the arguments for and against allowing participation, along with administrative and legislative responses. The article then assesses whether more subtle and insidious aspects of student-athlete exploitation are the motivating forces behind the home-schoolers desires or whether these exploitative forces have yet to be considered or whether the mere fact that such exploitation is possible is enough to support a ban on the home-schooler becoming the ultimate athletic free agent of secondary education.
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Ann Piccard, Using Peer Editing to Supplement Feedback, 15 Second Draft 14 (2001)Clicking on the button will copy the full recommended citation.
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Darryl Wilson, ‘Black’ Law Schools Face Challenges of a New Day, 18 Black Issues in Higher Education 104 (2001)Clicking on the button will copy the full recommended citation.
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Tim Kaye, The Human Rights Act 1998 – One Year On: A Focus on Further and Higher Education, 6 Educ., Pub. L. & Individual 58 (2001)Clicking on the button will copy the full recommended citation.
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Rebecca C. Morgan and Robert B. Fleming, Lawyers’ Ethical Dilemmas: A Normal Relationship when Representing Demented Clients and Their Families, 35 Ga. L. Rev. 735 (2001)Clicking on the button will copy the full recommended citation.