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Articles 151 - 172 of 172
Full-Text Articles in Law
The Sec's Suspension And Bar Powers In Perspective, Jayne W. Barnard
The Sec's Suspension And Bar Powers In Perspective, Jayne W. Barnard
Faculty Publications
Enron has brought about demands from many quarters to grant the Securities and Exchange Commission (SEC) new powers. Among the powers the SEC now seeks is the power to bar or suspend securities law violators from serving as an oflicer or director of any public company. Currently, the law assigns this power only to federal district courts. In this Essay, Professor Barnard traces the history of the current law; examining why Congress has expressly withheld suspension and bar powers from the SEC. She then argues that the courts have exercised their suspension and bar powers wisely, and that recent developments …
Suggested Instructions For Use Of A Law Library, Frederick W. Dingledy
Suggested Instructions For Use Of A Law Library, Frederick W. Dingledy
Library Staff Publications
No abstract provided.
Disability, Employment Policy, And The Supreme Court, Michael Ashley Stein
Disability, Employment Policy, And The Supreme Court, Michael Ashley Stein
Faculty Publications
No abstract provided.
The Festo Decision And The Return Of The Supreme Court To The Bar Of Patents, John F. Duffy
The Festo Decision And The Return Of The Supreme Court To The Bar Of Patents, John F. Duffy
Faculty Publications
No abstract provided.
Optimal Bankruptcy In A Non-Optimal World, Richard M. Hynes
Optimal Bankruptcy In A Non-Optimal World, Richard M. Hynes
Faculty Publications
Consumer bankruptcy insures individuals against misfortune. Like other forms of insurance, bankruptcy reduces an individual's incentive to guard against misfortune and provides her with an incentive to overstate her need for relief. The "first-best," or optimal, bankruptcy system, like the first-best tax or public assistance system, solves these moral hazards without any loss of efficiency. In bankruptcy, this first-best approach would deny relief to debtors responsible for their own distress and reduce the deserving debtors' obligations to an amount commensurate with their ability to pay. While the Bankruptcy Code tries (in part) to follow this first-best approach, such a utopian …
On Revolution And Wetland Regulations, Michael J. Gerhardt
On Revolution And Wetland Regulations, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Book Review Of The English Poor Laws, 1700-1930, Michael Ashley Stein
Book Review Of The English Poor Laws, 1700-1930, Michael Ashley Stein
Faculty Publications
No abstract provided.
Book Review Of Anti-Discrimination Law And The European Union, Michael Ashley Stein
Book Review Of Anti-Discrimination Law And The European Union, Michael Ashley Stein
Faculty Publications
No abstract provided.
Empirical Research Report: The Use Of Technology In The Jury Room To Enhance Deliberations, Fredric I. Lederer
Empirical Research Report: The Use Of Technology In The Jury Room To Enhance Deliberations, Fredric I. Lederer
Faculty Publications
Modern courtroom technology permits the use of technology in the jury deliberation room to enhance deliberations in both traditional trials and technology-augmented cases. SJI-funded research conducted by the Courtroom 21 Project surveyed the law of the United States with respect to statutory and case law governing the use of exhibits during deliberations; surveyed the state courts and, with the assistance of the Federal Judicial Center, the United States district courts concerning their deliberation practices and courtroom technology use; and conducted two controlled studies of the use of deliberation room technology in both traditional and technology-augmented trials. The Courtroom 21 protocol …
Introduction: Globalization Of Administrative And Regulatory Practice, Charles H. Koch Jr.
Introduction: Globalization Of Administrative And Regulatory Practice, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
Zoning, Taking, And Dealing: The Problems And Promise Of Bargaining In Land Use Planning, Erin Ryan
Zoning, Taking, And Dealing: The Problems And Promise Of Bargaining In Land Use Planning, Erin Ryan
Faculty Publications
No abstract provided.
Constitutional Law Leading Cases: Judicial Elections, Nathan B. Oman
Constitutional Law Leading Cases: Judicial Elections, Nathan B. Oman
Faculty Publications
No abstract provided.
Corporate And Products Identity In The Post-National Economy: Rethinking U.S. Trade Laws, Lan Cao
Corporate And Products Identity In The Post-National Economy: Rethinking U.S. Trade Laws, Lan Cao
Faculty Publications
In the global economy, a General Motors automobile may involve South Korean assembly; Japanese engines; German design and style engineering; Taiwanese, Singaporean, and Japanese small components; British advertising and marketing; and Irish and Barbadian data processing. What is the country of origin of this product? How should U.S. trade laws evaluate a product's origin, if it is a global composite with research, assembly, processing, and manufacturing performed in different countries? Similarly, corporations have become increasingly global in orientation and operations. Even "national" corporations have lost their territorial ties to the state of their nationality. Through a phenomenon termed "global outsourcing" …
Copping A Plea To Genocide: The Plea Bargaining Of International Crimes, Nancy Amoury Combs
Copping A Plea To Genocide: The Plea Bargaining Of International Crimes, Nancy Amoury Combs
Faculty Publications
No abstract provided.
The Myths And Truths That Ended The 2000 Tmdl Program, Linda A. Malone
The Myths And Truths That Ended The 2000 Tmdl Program, Linda A. Malone
Faculty Publications
No abstract provided.
Is The Republic Circling The Drain?, W. Taylor Reveley Iii
Is The Republic Circling The Drain?, W. Taylor Reveley Iii
Faculty Publications
No abstract provided.
Supreme Court Selection As War, Michael J. Gerhardt
Supreme Court Selection As War, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Washington Supreme Court Upholds State Anti-Spamming Law, Nathan B. Oman
Washington Supreme Court Upholds State Anti-Spamming Law, Nathan B. Oman
Faculty Publications
No abstract provided.
The Paradox Of Auxiliary Rights: The Privilege Against Self-Incrimination And The Right To Keep And Bear Arms, Michael S. Green
The Paradox Of Auxiliary Rights: The Privilege Against Self-Incrimination And The Right To Keep And Bear Arms, Michael S. Green
Faculty Publications
According to Locke's theory of the social contract, which was widely accepted by the Founders, political authority is limited by those natural moral rights that individuals reserve against the government. In this Article, I argue that Locke's theory generates paradoxical conclusions concerning the government's authority over civil disobedients, that is, people who resist the government because they believe it is violating reserved moral rights. If the government lacks the authority to compel the civil disobedient to abide by its laws, the result is anarchism: The limits on governmental authority are whatever each individual says they are. If the government has …
Misunderstood, Neal Devins
Judicial Review And Global Federalism, Charles H. Koch Jr.
Judicial Review And Global Federalism, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
The Story Of A Forgotten Battle, Nathan B. Oman
The Story Of A Forgotten Battle, Nathan B. Oman
Faculty Publications
No abstract provided.