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Articles 1 - 30 of 54
Full-Text Articles in Entire DC Network
On The Idea Of Private Law, Martin Stone
Remembering Melville Nimmer: Some Cautionary Notes On Commercial Speech, William W. Van Alstyne
Remembering Melville Nimmer: Some Cautionary Notes On Commercial Speech, William W. Van Alstyne
Faculty Scholarship
This examination concerns itself with two main questions: what qualifies as commercial speech and how much protection does commercial speech enjoy under the First Amendment when compared to other forms of speech. The trend of the Court indicates that commercial speech enjoys protections similar to political speech.
Rationality And The Foundations Of Positive Political Theory, Mathew D. Mccubbins, Michael F. Thies
Rationality And The Foundations Of Positive Political Theory, Mathew D. Mccubbins, Michael F. Thies
Faculty Scholarship
In this paper, we discuss and debunk the four most common critiques of the rational choice research program (which we prefer to call Positive Political Theory) by explaining and advocating its foundations: the rationality assumption, component analysis (abstraction), strategic behavior, and theory building, in turn. We argue that the rationality assumption and component analysis, properly understood, can be seen to underlie all social science, despite the protestations of critics. We then discuss the two ways that PPT most clearly contributes to political science (i.e., what distinguishes it from other research programs), namely the introduction of strategic behavior (people do not …
Equal Protection And The Special Relationship: The Case Of Native Hawaiians, Stuart M. Benjamin
Equal Protection And The Special Relationship: The Case Of Native Hawaiians, Stuart M. Benjamin
Faculty Scholarship
No abstract provided.
Just Deserts For Accountants And Attorneys After Bank Of Denver, James D. Cox
Just Deserts For Accountants And Attorneys After Bank Of Denver, James D. Cox
Faculty Scholarship
No abstract provided.
Telling A Black Legal Story: Privilege, Authenticity, “Blunders,” And Transformation In Outsider Narratives, Jerome M. Culp
Telling A Black Legal Story: Privilege, Authenticity, “Blunders,” And Transformation In Outsider Narratives, Jerome M. Culp
Faculty Scholarship
One of the methods that I and a number of other legal scholars have used to question the status quo in law and society is to tell stories from our autobiographies or those of our communities.
Appropriatating Form: A Comment On Summers, “How Law Is Formal And Why It Matters”, Deborah A. Demott
Appropriatating Form: A Comment On Summers, “How Law Is Formal And Why It Matters”, Deborah A. Demott
Faculty Scholarship
No abstract provided.
Making Health Plans Accountable For The Quality Of Care, Clark C. Havighurst
Making Health Plans Accountable For The Quality Of Care, Clark C. Havighurst
Faculty Scholarship
No abstract provided.
Compliance With The Trips Agreement: Introduction To A Scholarly Debate, Jerome H. Reichman
Compliance With The Trips Agreement: Introduction To A Scholarly Debate, Jerome H. Reichman
Faculty Scholarship
No abstract provided.
One-Way Fee Shifting Statutes And Offer Of Judgment Rules: An Experiment, Thomas D. Rowe Jr., David A. Anderson
One-Way Fee Shifting Statutes And Offer Of Judgment Rules: An Experiment, Thomas D. Rowe Jr., David A. Anderson
Faculty Scholarship
No abstract provided.
Effects Of Information Technology On Law Librarianship: An American Perspectuve, Richard A. Danner
Effects Of Information Technology On Law Librarianship: An American Perspectuve, Richard A. Danner
Faculty Scholarship
No abstract provided.
Rethinking The Role Of Recourse In The Sale Of Financial Assets, Steven L. Schwarcz, Peter V. Pantaleo
Rethinking The Role Of Recourse In The Sale Of Financial Assets, Steven L. Schwarcz, Peter V. Pantaleo
Faculty Scholarship
The presence of recourse in the sale of a financial asset is generally thought to jeopardize the "true sale" treatment of the sale, especially in the event of the seller's bankruptcy. This article examines the existing law and concludes that a transfer that qualifies as a sale under state law should be treated as a sale even if the buyer retains recourse to the seller, so long as recourse is limited to warranting that the asset will perform in accordance with its terms.
“The Image We See Is Our Own”: Defending The Jury’S Territory At The Heart Of The Democratic Process, Lisa Kern Griffin
“The Image We See Is Our Own”: Defending The Jury’S Territory At The Heart Of The Democratic Process, Lisa Kern Griffin
Faculty Scholarship
reviewing Jeffrey B. Abramson, We the Jury (1994) and Stephen J. Adler, The Jury (1994))
The Uneasy Place Of Principle In Tort Law, George C. Christie
The Uneasy Place Of Principle In Tort Law, George C. Christie
Faculty Scholarship
No abstract provided.
The Impact Of The Proposed California Civil Rights Initiative, Erwin Chemerinsky
The Impact Of The Proposed California Civil Rights Initiative, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
The Ethics Of Being A Commentator, Erwin Chemerinsky, Laurie Levenson
The Ethics Of Being A Commentator, Erwin Chemerinsky, Laurie Levenson
Faculty Scholarship
No abstract provided.
Pretrial Prejudice In Canada: A Comparative Perspective On The Criminal Jury, Neil Vidmar
Pretrial Prejudice In Canada: A Comparative Perspective On The Criminal Jury, Neil Vidmar
Faculty Scholarship
No abstract provided.
Federalizing Crime: Assessing The Impact On The Federal Courts, Sara Sun Beale
Federalizing Crime: Assessing The Impact On The Federal Courts, Sara Sun Beale
Faculty Scholarship
This article examines the history of federal criminal jurisdiction and criminal enforcement, and reviews federal caseload statistics. The federal criminal caseload grew dramatically between 1980 and the mid-1990s, but this increase tells only part of the story. The federal criminal caseload has fluctuated widely over the past two decades, and the number of criminal cases today is about the same as it was in the early 1970s. Although criminal cases now account for only one-fifth of the federal caseload, they take a large and disproportionate share of federal judicial resources. In more than one-third of federal judicial districts, criminal cases …
Why Are There So Few Black Lawyers In Corporate Law Firms? An Institutional Analysis, Mitu Gulati, David B. Wilkins
Why Are There So Few Black Lawyers In Corporate Law Firms? An Institutional Analysis, Mitu Gulati, David B. Wilkins
Faculty Scholarship
Although the number of black students graduating from law schools has increased significantly in recent decades, blacks still make up a very small minority of the lawyers working in large corporate law firms. Available data indicate that these firms hire few blacks, and that those they do hire are more likely than their white peers to leave the firms before becoming partners. Conventional explanations blame the underrepresentation of blacks in corporate firms on either the racism of firms and their clients, or a shortage of qualified, interested black candidates. While acknowledging that in some instances these factors may help to …
A. Kenneth Pye, Walter E. Dellinger Iii
Revenge For The Condemned, Sara Sun Beale, Paul H. Haagen
Revenge For The Condemned, Sara Sun Beale, Paul H. Haagen
Faculty Scholarship
reviewing, V.A.C. Gatrell, The Hanging Tree: Execution and the English People 1770-1868 (Oxford University Press, 1994)
Loyalty To The Law: Politics And The Practice Of Public Lawyering In The United States, H. Jefferson Powell
Loyalty To The Law: Politics And The Practice Of Public Lawyering In The United States, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
Takings And The Nature Of Property, Laura S. Underkuffler
Takings And The Nature Of Property, Laura S. Underkuffler
Faculty Scholarship
No abstract provided.
International Contracts In European Courts: Jurisdiction Under Article 5(1) Of The Brussels Convention, Herbert Bernstein
International Contracts In European Courts: Jurisdiction Under Article 5(1) Of The Brussels Convention, Herbert Bernstein
Faculty Scholarship
No abstract provided.
From Free Riders To Fair Followers: Global Competition Under The Trips Agreement, Jerome H. Reichman
From Free Riders To Fair Followers: Global Competition Under The Trips Agreement, Jerome H. Reichman
Faculty Scholarship
No abstract provided.
Legal Issues Presented By A Pilot International Greenhouse Gas (Ghg) Trading System, Jonathan B. Wiener, Richard B. Stewart, Philippe Sands
Legal Issues Presented By A Pilot International Greenhouse Gas (Ghg) Trading System, Jonathan B. Wiener, Richard B. Stewart, Philippe Sands
Faculty Scholarship
No abstract provided.
The Last Article About The Language Of Erisa Preemption? A Case Study Of The Failure Of Textualism, Catherine Fisk
The Last Article About The Language Of Erisa Preemption? A Case Study Of The Failure Of Textualism, Catherine Fisk
Faculty Scholarship
No abstract provided.
Sexual Orientation And Human Rights: Toward A U.S. And Transnational Jurisprudence, Laurence R. Helfer, Alice M. Miller
Sexual Orientation And Human Rights: Toward A U.S. And Transnational Jurisprudence, Laurence R. Helfer, Alice M. Miller
Faculty Scholarship
No abstract provided.
Gustafson V. Alloyd Co.: The Wrong Decision, But It Is Still Business As Usual In The Securities Markets, Kimberly D. Krawiec
Gustafson V. Alloyd Co.: The Wrong Decision, But It Is Still Business As Usual In The Securities Markets, Kimberly D. Krawiec
Faculty Scholarship
No abstract provided.
Facing The Millennium: Law Schools, Law Librarians, And Information Technology, Richard A. Danner
Facing The Millennium: Law Schools, Law Librarians, And Information Technology, Richard A. Danner
Faculty Scholarship
No abstract provided.