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Defining Finality And Appealability By Court Rule: A Comment On Martineau’S Right Problem, Wrong Solution, Thomas D. Rowe Jr. Apr 1993

Defining Finality And Appealability By Court Rule: A Comment On Martineau’S Right Problem, Wrong Solution, Thomas D. Rowe Jr.

Faculty Scholarship

No abstract provided.


Rule-Making And Policy Formulation In South African Administrative-Law Reform, Lawrence G. Baxter Jan 1993

Rule-Making And Policy Formulation In South African Administrative-Law Reform, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.


What Do You Think About The Twenty-Seventh Amendment?, William W. Van Alstyne Jan 1993

What Do You Think About The Twenty-Seventh Amendment?, William W. Van Alstyne

Faculty Scholarship

"What do you think about the twenty-seventh amendment," I asked my aching head just last week.


What States Owe Outsiders, Matthew D. Adler Jan 1993

What States Owe Outsiders, Matthew D. Adler

Faculty Scholarship

No abstract provided.


Self-Dealing Transactions In Nonprofit Corporations, Deborah A. Demott Jan 1993

Self-Dealing Transactions In Nonprofit Corporations, Deborah A. Demott

Faculty Scholarship

No abstract provided.


Afterword, Robinson O. Everett Jan 1993

Afterword, Robinson O. Everett

Faculty Scholarship

No abstract provided.


The Oldest Question Of Constitutional Law, H. Jefferson Powell Jan 1993

The Oldest Question Of Constitutional Law, H. Jefferson Powell

Faculty Scholarship

No abstract provided.


Past And Current Trends In The Evolution Of Design Protection Law- A Comment, Jerome H. Reichman Jan 1993

Past And Current Trends In The Evolution Of Design Protection Law- A Comment, Jerome H. Reichman

Faculty Scholarship

No abstract provided.


Municipal Tort Liability: Special Duty Issues Of Police, Fire, And Safety, Horace B. Robertson Jan 1993

Municipal Tort Liability: Special Duty Issues Of Police, Fire, And Safety, Horace B. Robertson

Faculty Scholarship

According to the program bulletin, my topic is "Special Duty Issues" of tort liability under the overall conference heading of "Municipal Liability."


Cool Analysis Versus Moral Outrage In The Development Of Federal Environmental Criminal Law, Christopher H. Schroeder Jan 1993

Cool Analysis Versus Moral Outrage In The Development Of Federal Environmental Criminal Law, Christopher H. Schroeder

Faculty Scholarship

No abstract provided.


Civil Forfeiture: A Higher Form Of Commercial Law?, Steven L. Schwarcz, Alan E. Rothman Jan 1993

Civil Forfeiture: A Higher Form Of Commercial Law?, Steven L. Schwarcz, Alan E. Rothman

Faculty Scholarship

In this Article, Messrs. Schwarcz and Rothman analyze the disquieting impact of civil forfeiture law on creditors' rights. The Article begins by describing the historical origins of civil forfeiture and its development into current day law. The Article then explores the tension between forfeiture law and commercial and bankruptcy law by examining the effect of a forfeiture action on unsecured and undersecured creditors. The Article evaluates a recent model for balancing governmental and commercial law interests, and concludes by suggesting reforms to the present civil forfeiture scheme.


The University In The Manner Of Tiananmen Square, William W. Van Alstyne Jan 1993

The University In The Manner Of Tiananmen Square, William W. Van Alstyne

Faculty Scholarship

The university academic council assembled in the room where it customarily met.


“Thirty Pieces Of Silver” For The Rights Of Your People: Irresistible Offers Reconsidered As A Matter Of State Constitutional Law, William W. Van Alstyne Jan 1993

“Thirty Pieces Of Silver” For The Rights Of Your People: Irresistible Offers Reconsidered As A Matter Of State Constitutional Law, William W. Van Alstyne

Faculty Scholarship

In recent decades there has arisen a renewed interest in state constitutional law provisions that parallel the provisions in the Bill of Rights and the Fourteenth Amendment.


Children And The Income Tax, Lawrence A. Zelenak Jan 1993

Children And The Income Tax, Lawrence A. Zelenak

Faculty Scholarship

All children are not equal under the federal income tax. The enormous variation in the tax consequences attributable to children suggest a need to evaluate how the income tax adjusts for for family relationships. This article is a comprehensive review of the various ways the Code might adjust tax liabilities to reflect differences in family responsibilities. It begins with a description of current tax benefits to families, some examples of how those benefits work in different situations and a review of proposals for reform.


Taxing Gains At Death, Lawrence A. Zelenak Jan 1993

Taxing Gains At Death, Lawrence A. Zelenak

Faculty Scholarship

No abstract provided.


Remembering Jefferson, Paul D. Carrington Jan 1993

Remembering Jefferson, Paul D. Carrington

Faculty Scholarship

No abstract provided.


Improving The Summary Jury Trial, Thomas B. Metzloff Jan 1993

Improving The Summary Jury Trial, Thomas B. Metzloff

Faculty Scholarship

Although the summary jury trial has been used for more than a decade, it remains controversial. To improve its value as a "niche" ADR device, litigants should take advantage of its flexibility, focusing especially on its potential as a binding process.


Is The Rehnquist Court Really That Conservative?: An Analysis Of The 1991-92 Term, Erwin Chemerinsky Jan 1993

Is The Rehnquist Court Really That Conservative?: An Analysis Of The 1991-92 Term, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


History, Tradition, The Supreme Court, And The First Amendment, Erwin Chemerinsky Jan 1993

History, Tradition, The Supreme Court, And The First Amendment, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


The Fire This Time, Erwin Chemerinsky Jan 1993

The Fire This Time, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


The 1990 U.S.F.S.P.A. Amendment: No Bar To Recognition Of Tenancy In Common Interests Created By Pre-Mccarty Divorces That Fail To Divide Military Retirement Benefits, William A. Reppy Jr. Jan 1993

The 1990 U.S.F.S.P.A. Amendment: No Bar To Recognition Of Tenancy In Common Interests Created By Pre-Mccarty Divorces That Fail To Divide Military Retirement Benefits, William A. Reppy Jr.

Faculty Scholarship

No abstract provided.


Rumpelstiltskin (Review Essay), Katharine T. Bartlett Jan 1993

Rumpelstiltskin (Review Essay), Katharine T. Bartlett

Faculty Scholarship

Professor Bartlett's article is one of five commentaries continuing the debate concerning human sexuality and its regulation begun by Judge Richard Posner's in his book, Sex and Reason (1992). Bartlett's essay responds generally to the book and specifically to his application of economic principles to sexuality.


Consensus, Coherence And The European Convention On Human Rights, Laurence R. Helfer Jan 1993

Consensus, Coherence And The European Convention On Human Rights, Laurence R. Helfer

Faculty Scholarship

No abstract provided.


Remaking Confrontation Clause And Hearsay Doctrine Under The Challenge Of Child Sexual Abuse Prosecutions, Robert P. Mosteller Jan 1993

Remaking Confrontation Clause And Hearsay Doctrine Under The Challenge Of Child Sexual Abuse Prosecutions, Robert P. Mosteller

Faculty Scholarship

No abstract provided.


The Pc Harangue, James Boyle Jan 1993

The Pc Harangue, James Boyle

Faculty Scholarship

No abstract provided.


The 1990 U.S.F.S.P.A. Amendment: No Bar To Recognition Of Tenancy In Common Interests Created By Pre-’Mccarty’ Divorces That Fail To Divide Military Benefits, William A. Reppy Jr. Jan 1993

The 1990 U.S.F.S.P.A. Amendment: No Bar To Recognition Of Tenancy In Common Interests Created By Pre-’Mccarty’ Divorces That Fail To Divide Military Benefits, William A. Reppy Jr.

Faculty Scholarship

No abstract provided.


Prior Similar Acts In Prosecutions For Rape And Child Sex Abuse, Sara Sun Beale Jan 1993

Prior Similar Acts In Prosecutions For Rape And Child Sex Abuse, Sara Sun Beale

Faculty Scholarship

No abstract provided.


Passage Home To India, Mitu Gulati Jan 1993

Passage Home To India, Mitu Gulati

Faculty Scholarship

No abstract provided.


Making The Case For A Constitutional Right To Minimum Entitlements, Erwin Chemerinsky Jan 1993

Making The Case For A Constitutional Right To Minimum Entitlements, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Rule Of Too Much Law? The New Safety/Soundness Rulemaking Responsibilities Of The Federal Banking Agencies, Lawrence G. Baxter Jan 1993

Rule Of Too Much Law? The New Safety/Soundness Rulemaking Responsibilities Of The Federal Banking Agencies, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.