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Bibliography

Books and Chapters in Books

D’Isa, Mary Phelan, author "The American Bar Association Legal Guide for Women," Random House Reference (2005).

Phelan, Mary Elizabeth. "Rule 501: Attorney-Client Privilege," in EMERGING PROBLEMS UNDER THE FEDERAL RULES OF EVIDENCE, 2nd ed., David A. Schlueter, et al. eds. Chicago: ABA (1989).

Phelan, Mary Elizabeth. "Rule 501: Physician-Patient and Psychotherapist-Patient Privileges," in EMERGING PROBLEMS UNDER THE FEDERAL RULES OF EVIDENCE, 2nd ed. David A. Schlueter et al. eds. Chicago: ABA (1989).

Phelan, Mary Elizabeth, contributor. "AIDS and the Law: An Overview," in CRITICAL 7 ETHICAL ISSUES FOR NURSES. Chicago: Professional Education Systems (1988).

Phelan, Mary Elizabeth. "Chapter 17: Rule 407 Measures," in EVIDENCE IN AMERICA: THE FEDERAL RULES IN THE STATES by Gregory P. Joseph. Charlottesville, VA: Michie Co. (1987).

Phelan, Mary Elizabeth, contributor. ILLINOIS NURSING STATUTE MANUAL. Eau Claire, WI: Professional Education Systems (1987).

Articles

D'Isa, Mary Phelan, "Is the Tucker Act's Six-Year Limitation Period Jurisdictional?" John R. Sand & Gravel Company v. United States, page 35, Issue No. 2, Preview 76 October 29, 2007, 2007-2008 Term.

D'Isa, Mary Phelan, "When Can the Attorney General Certify That an Employee Was Acting Within the Scope of His Employment?" Issue 2 ABA PREVIEW OF UNITED STATES SUPREME COURT CASES, p. 104 (Oct. 30, 2006) 2006-2007 Term.

D'Isa, Mary Phelan, "When Can the Attorney General Certify That an Employee Was Acting Within the Scope of His Employment?" PREVIEW OF UNITED STATES SUPREME COURT CASES, Issue 2, page 104 (Oct. 30, 2006).

D'Isa, Mary Phelan, "Women and Health" Arm Yourself With Knowledge," Lansing State Journal GREATER LANSING WOMAN magazine, Oct/Nov 2005, page 12.

D'Isa, Mary Phelan, "Are National Banking Associations "Located" in and thus Citizens of the States in Which They Operate Branch Offices?" ABA Preview of United States Supreme Court Cases, Nov. 2005, Issue No. 3 (2005-2006 Term).

D'Isa, Mary Phelan, When May a Court of Appeals Review the Sufficiency of Evidence Supporting a Civil Jury Verdict? ABA Preview of United States Supreme Court Cases, Oct. 2005, Issue No. 2 (2005-2006 Term).

D'Isa, Mary Phelan, When Is the Citizenship of Unnamed Affiliates Relevant to Diversity Jurisdiction Analysis? ABA Preview of United States Supreme Court Cases, Sept. 26, 2005 Issue No. 1, pg. 29 (Sept. 26, 2005) 2005-2006 Term.

D'Isa, Mary Phelan, "When does a case "arise under" federal law for the purpose of establishing original jurisdiction in a federal court?" ABA Preview of U.S. Supreme Court Cases, April 2005, Issue 7 (2004-2005 Term).

D'Isa, Mary Phelan, Peanuts, Pesticides, and Preemption: Are State-Law Crop Damage Claims Allowed Under Federal Law? ABA Preview of United States Supreme Court Cases, January 10, 2005, Issue 4, 207(2004-2005 Term).

D’Isa, Mary Phelan, “Does Heck’s ‘Favorable Termination’ Requirement Bar Section 1983 Claims Challenging State Parole Procedures?” ?" ABA Preview of United States Supreme Court Cases, Nov. 29, 2004, Issue 3, 151 (2004-2005 Term).

D'Isa, Mary Phelan, "Does Zadvydas or Due Process Protect Excludable Aliens From Indefinite Post-Removal-Period Detention?" ABA Preview of United States Supreme Court Cases, Oct, 1, 2004, Issue 1, (2004-2005 Term).

D'Isa, Mary Phelan, "Does a Magistrate Judge Need the Parties' Pre-Trail, Express Consent to Decide Their Case?" Issue No. 5 PREVIEW of United States Supreme Court Cases, page 258, February 21, 2003 (ABA 2002-2003 Term).

D'Isa, Mary Phelan, "Is a “Stateless Corporation’ an Oxymoron? And Whose Law Decides?”" 7 PREVIEW 373 (April 12, 2002).

Phelan, Mary Elizabeth, "Unleashing the Limits on Lawyers' Liability? Mieras v DeBona: Michigan Joins the Mainstream and Abrogates the Privity Requirement in Attorney-Malpractice Cases Involving Negligent Will Drafting," 72 U OF DET L REV 327 (Winter 1995).

Phelan, Mary Elizabeth, "Benefits Under Michigan's No-Fault Law: What are 'Ordinary Risks of Driving', and When is an Assailant's Intent Relevant?," 1993 DET CL REV 59.

Phelan, Mary Elizabeth, "The Pitfalls of Presenting a Diminished Capacity Defense," 5 CRIM JUST 8 ( Fall 1990)

Phelan, Mary Elizabeth, "The First Party Dilemma: Bad Faith or Bad Business?," 34 DRAKE L REV 1031 (1985). (Article was the First Place Recipient 1985 Mason Ladd Legal Writing Competition and cited by the Iowa Supreme Court in Dolan v A.I.D. 431 NW2d 790 (Iowa 1988).

Phelan, Mary Elizabeth, "Contribution, Indemnity and Subrogation - Sharing and Shifting the Loss Under Nebraska Law (case note)," 17 CREIGHTON L REV 323 (1984).

Phelan, Mary Elizabeth, "Civil Rights: Punitive Damages in Section 1983 Actions: The Eighth Circuit's Requirement of Malicious Intent," 16 CREIGHTON L REV 898 (1983).

Book Reviews and Other Short Works

D'Isa, Mary Phelan "Can Courts Impose a Heightened Pleading Standard in Federal Civil Rights Cases?" 4 PREVIEW 195 (January 2, 2002).

D'Isa, Mary Phelan, "Does the Eleventh Amendment Bar Federal Supplement Jurisdiction?" 2 PREVIEW 135 (November 19, 2001).

D'Isa, Mary Phelan, "What Constitutes Adequate Notice to Prisoners Under the Federal Drug Forfeiture and Customs Laws?" 2 PREVIEW 75 (October 22, 2001).

D'Isa, Mary Phelan, "Can the Lack of a Handwritten Signature Invalidate an Otherwise Properly Filed Notice of Appeal?" 7 PREVIEW 372 (April 10, 2001).

D'Isa, Mary Phelan, "What Is the Standard for Reviewing a Trial Court's Ruling on a Challenge to a Punitive Damage Award?" 5 PREVIEW 250 (February 13, 2001).

D'Isa, Mary Phelan, "What Is the Standard for Reviewing a Trial Court's Decision to Grant a New Trial?" 4 PREVIEW 197 (December 29, 2000).

D'Isa, Mary Phelan, "Does State or Federal Law Decide the Preclusive Effect of a Federal Diversity Judgment?" 3 PREVIEW 154 (November 20, 2000).

D'Isa, Mary Phelan, "Does Immunity Under the Flood Control Act Extend to Irrigation Projects 'Connected to' Larger Projects?" 2 PREVIEW 71 (October 23, 2000).

D'Isa, Mary Phelan, "Burdens of Proof and Standards of Review: What's a Claimant Suppose to Prove?"  6 PREVIEW 318 (March 8, 2000).

D'Isa, Mary Phelan, "What Is the Proper Relief for Improperly Admitted Expert Testimony?" 4 PREVIEW 206 (December 20, 1999).

D'Isa, Mary Phelan, "When Does the Limitations Period Begin To Run for Bringing A Civil RICO Claim?" 2 PREVIEW 84 (October 20, 1999).

D'Isa, Mary Phelan, "May a Wrongfully Discharged 'Whistle-blower' Assert a Civil RICO Conspiracy Claim?" 2 PREVIEW 92 (October 20, 1999).

D'Isa, Mary Phelan, "Federal Habeas Corpus and State Court Decisions: A Question of Federal Due Process, State Retroactivity Jurisprudence -- or Both?" 1 PREVIEW 30 (September 13, 1999).

D'Isa, Mary Phelan, "May a Federal District Court Dismiss A Removed Case for Want of Personal Jurisdiction Before Deciding Whether It Has Subject Matter Jurisdiction?"  6 PREVIEW 315 (March 15, 1999).

Phelan, Mary Elizabeth, "Guilt by Association?  Does the NCAA 'Receive' Federal Financial Assistance Within the Meaning of Title IX Because Its Member Institutions Receive Such Funds?" 4 PREVIEW 207 (December 31, 1998).

Phelan, Mary Elizabeth, "Postdeprivation Remedies and Procedural Due Process: Are Property Owners Entitled to Notice of Their Remedies for Recovering Properties Already Seized Pursuant to a Search Warrant?"  2 PREVIEW 74 (October 23, 1998).

Phelan, Mary Elizabeth, "Picking a Trial Court in Money Laundering Cases: Does Where the Money Was Laundered Prevail Over Where the Laundered Money was Derived?" 7 PREVIEW 479 (April 8, 1998).

Phelan, Mary Elizabeth, "But Judge, My Gun Was Locked in the Glove Compartment or Trunk of My Vehicle...' Another Call for the Supreme Court to Decide When a Defendant Has Carried a Firearm in Relation to a Drug Trafficking Crime," 6 PREVIEW 376 (March 12, 1998).

Phelan, Mary Elizabeth, "Whose Law Is It Anyway? Does the Coast Guard's Decision Not to Require Propeller Guards on Recreational Motorboats Bar Personal Injury Lawsuits Based on State Law?" 6 PREVIEW 335 (February 12, 1998).

Phelan, Mary Elizabeth, "Milking the Limitation Period for a Civil Racketeering Suit: What Is the Time Limit for Filing Suit When There Are Ongoing Fraudulent Acts and Concealment?" 7 PREVIEW 448 (April 3, 1997).

Phelan, Mary Elizabeth, "Milking the Limitation Period for a Civil Racketeering Suit: What Is the Time Limit for Filing Suit When There are Ongoing Fraudulent Acts and Concealment?"  6 PREVIEW 448 (April 3, 1997).

Phelan, Mary Elizabeth, "Filing a Civil Racketeering Suit: Does the Limitation Period Begin to Run When the Injury is Known or When the Injury and the Racketeering Activity Are Known?" 4 PREVIEW 259 (December 4, 1996).

Phelan, Mary Elizabeth, "The Confinement Continuum: Looking for a Liberty Interest Somewhere Between Work Release and Parole," 3 PREVIEW 128 (November 18, 1996).

Phelan, Mary Elizabeth, "When a Pacemaker or Other Medical Device Fails: Does Federal Law Deprive Those Injured of Their State Law Remedies?" 7 PREVIEW 365 (April 4, 1996).

Phelan, Mary Elizabeth, "A 'Heavy' Decision: Determining the Weight of LSD for Federal Sentencing Purposes," 3 PREVIEW 128 (November 17, 1995).

Phelan, Mary Elizabeth, "The Cart Before the Horse: Must a State Prisoner Exhaust All State Remedies Before Filing a Federal Civil Rights Claim?" 7 PREVIEW 282 (April 11, 1994).

Phelan, Mary Elizabeth, "Can the United States Collect Prejudgment on a Texas Debt for Stolen Food Stamps," 5 PREVIEW 212 (February 5, 1993).

Phelan, Mary Elizabeth, "Does Federal Law Give Employees the Right to Obtain a Three- Year Leave of Absence to Serve in the National Guard?" 2 PREVIEW 35 (October 28, 1991).

Phelan, Mary Elizabeth, "Can the Attorney General Bar Aliens From Employment Pending Deportation Determination as a Condition to Granting a Release Bond?" 3 PREVIEW 97 (November 22, 1991).

Phelan, Mary Elizabeth, "Supervised Release and the Anti-Drug Abuse Act: Just Say When," 3 PREVIEW 82 (November 9, 1990).

Phelan, Mary Elizabeth, "And the Survey Says . . .," BRIEFS (Ingham County Bar Association) (June 1990).

Phelan, Mary Elizabeth, "Strange Brew: Sound Amplification Guidelines, Public Forums and the Right to Rock," 10 PREVIEW 279 (February 24, 1989).

Phelan, Mary Elizabeth, "Give Me Liberty or Give Me Section 1983: What Process is Due Illegally Detained Mental Patients?" 2 PREVIEW 40 (October 20, 1989).

Phelan, Mary Elizabeth, "Distilling the Twenty-First Amendment: The Liquor Sticker Bicker," 4 PREVIEW 109 (November 24, 1989).

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