Digital Commons Network^™

Halpin On Dworkin's Fallacy: A Surreply, Michael S. Green

Faculty Publications

No abstract provided.

Merit Vs. Ideology, Michael J. Gerhardt

Faculty Publications

No abstract provided.

The First Amendment's Biggest Threat, Michael J. Gerhardt

Faculty Publications

No abstract provided.

The Virginia Uniform Trust Code, John E. Donaldson

Faculty Publications

No abstract provided.

Preserving A Precious Resource: Rationalizing The Use Of Antibiotics, Eric Kades

Faculty Publications

No abstract provided.

Technology-Augmented Courtrooms: Progress Amid A Few Complications, Or The Problematic Interrelationship Between Court And Counsel, Fredric I. Lederer

Faculty Publications

No abstract provided.

Monopolization, Exclusion, And The Theory Of The Firm, Alan J. Meese

Faculty Publications

No abstract provided.

Judicial Review And Nongeneralizable Cases, Neal Devins, Alan J. Meese

Faculty Publications

No abstract provided.

Unity And Pluralism In Contract Law, Nathan B. Oman

Faculty Publications

No abstract provided.

Sexual Violence And International Criminal Law: An Analysis Of The Ad Hoc Tribunal's Jurisprudence & The International Criminal Court's Elements Of Crimes, Angela M. Banks

Faculty Publications

No abstract provided.

Historical Quirks, Political Opportunism, And The Anti-Loan Provision Of The Sarbanes-Oxley Act, Jayne W. Barnard

Faculty Publications

No abstract provided.

Property, Aspen, And Refusals To Deal, Alan J. Meese

Faculty Publications

No abstract provided.

The Definition Of Disability In The Americans With Disabilities Act: Its Successes And Shortcomings: Proceedings Of The 2005 Annual Meeting, Association Of American Law Schools Sections On Employment Discrimination Law; Labor Relations And Employment Law; And Law, Medicine And Health Care, Sharona Hoffman, Paul Steven Miller, Chai R. Feldblum, Michael Ashley Stein

Faculty Publications

No abstract provided.

On Discovering Doctrine: "Justice" In Contract Agreement, Peter A. Alces

Faculty Publications

No abstract provided.

Legal Revolutions: Six Mistakes About Discontinuity In The Legal Order, Michael S. Green

Faculty Publications

A legal revolution occurs when chains of legal dependence rupture-causing one legal system to be replaced by a different and incommensurable legal system. For example, before the French Revolution chains of legal dependence ultimately led to Louis XVI, but after this legal revolution they led to the National Assembly (or the people of France it represented). The very possibility of legal revolutions depends upon laws being structured into legal systems in this fashion. And yet, despite substantial academic interest in legal revolutions, there has been a reluctance to examine the structure that makes them possible. The goal of this Article …

Market Failure And Non-Standard Contracting: How The Ghost Of Perfect Competition Still Haunts Antitrust, Alan J. Meese

Faculty Publications

No abstract provided.

The Academic Expert Before Congress: Observations And Lessons From Bill Van Alstyne's Testimony, Neal Devins

Faculty Publications

No abstract provided.

The Capital Gains "Sieve" And The "Farce" Of Progressivity 1921-1986, John W. Lee

Faculty Publications

No abstract provided.

Beyond Breimhorst: Appropriate Accommodation Of Students With Learning Disabilities On The Sat, Nancy Leong

Faculty Publications

No abstract provided.

The Discourse Beneath: Emotional Epistemology In Legal Deliberation And Negotiation, Erin Ryan

Faculty Publications

No abstract provided.

Profile: Judge George H. Aldrich, Nancy Amoury Combs

Faculty Publications

No abstract provided.

Rule 10b-5 And The "Unfitness" Question, Jayne W. Barnard

Faculty Publications

No abstract provided.

Corporations And Autonomy Theories Of Contract: A Critique Of The New Lex Mercatoria, Nathan B. Oman

Faculty Publications

One of the central problems of contracts jurisprudence is the conflict between autonomy theories of contract and efficiency theories of contract. One approach to solving this conflict is to argue that in the realm of contracts between corporations, autonomy theories have nothing to say because corporations are not real people with whose autonomy we need to be concerned. While apparently powerful, this argument ultimately fails because it implicitly assumes theories of the corporation at odds with economic theories of law. Economics, in turn, offers a vision of the firm that is quite hospitable to autonomy theories of contract. The failure …

The Unique Benefits Of Treating Personal Goodwill As Property In Corporate Acquisitions, Darian M. Ibrahim

Faculty Publications

Corporate acquisition talks may not get far if buyer and seller disagree over transaction structure, which can have significant after-tax effects. But the parties may have overlooked an item that, due to its potential tax treatment, could be the key to facilitating the acquisition. That item is the selling shareholder's "personal goodwill."

Personal goodwill exists when the shareholder's reputation, expertise, or contacts gives the corporation its intrinsic value. It is most likely to be found in closely held businesses, especially those that are technical, specialized, orprofessional in nature or have few customers and suppliers. If personal goodwill is treated as …

Zelman V. Simmons-Harris, Neal Devins

Faculty Publications

No abstract provided.