Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 34

Full-Text Articles in Law

Rescuing Rule 3(C) From The 800-Pound Gorilla: The Case For A No-Nonsense Approach To Defective Notices Of Appeal, Philip A. Pucillo Jan 2006

Rescuing Rule 3(C) From The 800-Pound Gorilla: The Case For A No-Nonsense Approach To Defective Notices Of Appeal, Philip A. Pucillo

Faculty Publications

No abstract provided.


Having One's Property And Eating It Too: When The Article 9 Security Interest Becomes A Nuisance, Lawrence Ponoroff, F. Stephen Knippenberg Jan 2006

Having One's Property And Eating It Too: When The Article 9 Security Interest Becomes A Nuisance, Lawrence Ponoroff, F. Stephen Knippenberg

Faculty Publications

No abstract provided.


The 2005 Trips Extension For The Least-Developed Countries: A Failure Of The Single Undertaking Approach?, Kevin C. Kennedy Jan 2006

The 2005 Trips Extension For The Least-Developed Countries: A Failure Of The Single Undertaking Approach?, Kevin C. Kennedy

Faculty Publications

No abstract provided.


Judges, Legislators, And Europe's Law: Common-Law Constitutionalism And Foreign Precedents, Noga Morag-Levine Jan 2006

Judges, Legislators, And Europe's Law: Common-Law Constitutionalism And Foreign Precedents, Noga Morag-Levine

Faculty Publications

No abstract provided.


Looking To The East: The Stories Of Modern Indian People And The Development Of Tribal Law, Matthew L.M. Fletcher Jan 2006

Looking To The East: The Stories Of Modern Indian People And The Development Of Tribal Law, Matthew L.M. Fletcher

Faculty Publications

No abstract provided.


Indian Treaties And The Survival Of The Great Lakes, Wenona T. Singel, Matthew L.M. Fletcher Jan 2006

Indian Treaties And The Survival Of The Great Lakes, Wenona T. Singel, Matthew L.M. Fletcher

Faculty Publications

No abstract provided.


Politics, History, And Semantics: The Federal Recognition Of Indian Tribes, Matthew L.M. Fletcher Jan 2006

Politics, History, And Semantics: The Federal Recognition Of Indian Tribes, Matthew L.M. Fletcher

Faculty Publications

No abstract provided.


My Two Dads: Disaggreagating Biological And Social Paternity, Melanie B. Jacobs Jan 2006

My Two Dads: Disaggreagating Biological And Social Paternity, Melanie B. Jacobs

Faculty Publications

No abstract provided.


The Supreme Court And Federal Indian Policy, Matthew L.M. Fletcher Jan 2006

The Supreme Court And Federal Indian Policy, Matthew L.M. Fletcher

Faculty Publications

No abstract provided.


Same-Sex Marriage, Indian Tribes, And The Constitution, Matthew L.M. Fletcher Jan 2006

Same-Sex Marriage, Indian Tribes, And The Constitution, Matthew L.M. Fletcher

Faculty Publications

A same-sex marriage amendment, depending on the text, might serve to incorporate Indian tribes into the federal union as the third sovereign. The Constitution has not been amended to incorporate Indian tribes into the federal union, rendering their place in Our Federalism uncertain and unpredictable. A same-sex marriage amendment that applies to limit or expand tribal authority to recognize or authorize same-sex marriage could constitute an implicit recognition of Indian tribes as the third sovereign in the American system of federalism. Even an amendment that excludes mention of Indian tribes may have something to say about Indian tribes as the ...


Reviving A Natural Right: The Freedom Of Autonomy, Michael A. Lawrence Jan 2006

Reviving A Natural Right: The Freedom Of Autonomy, Michael A. Lawrence

Faculty Publications

This article explores the historical foundations of the individual rights of equality and free choice on matters of natural private concern (collectively, “freedom of autonomy”) in America, looks at several present-day applications, and concludes that meaningful steps must be taken – by encouraging greater awareness among lawmakers and courts of original meanings of the constitutional terms “liberty,” “property,” “privileges,” and “immunities,” and perhaps even through constitutional amendment – to revive this most basic right from an overbearing government.


Power, Inequality And The Bargain: The Role Of Bargaining Power In The Law Of Contract - Symposium Introduction, Daniel D. Barnhizer Jan 2006

Power, Inequality And The Bargain: The Role Of Bargaining Power In The Law Of Contract - Symposium Introduction, Daniel D. Barnhizer

Faculty Publications

No abstract provided.


Bargaining Power In The Shadow Of The Law: Commentary To Professors Wright And Engren, Professor Birke, And Josh Bowers, Daniel D. Barnhizer Jan 2006

Bargaining Power In The Shadow Of The Law: Commentary To Professors Wright And Engren, Professor Birke, And Josh Bowers, Daniel D. Barnhizer

Faculty Publications

No abstract provided.


Toward A Theory Of Intertribal And Intratribal Common Law, Matthew L.M. Fletcher Jan 2006

Toward A Theory Of Intertribal And Intratribal Common Law, Matthew L.M. Fletcher

Faculty Publications

Courts and scholars refer to the substantive common law applied by tribal courts in the United States using the monolithic term “tribal common law,” but in fact tribal common law can and should be subdivided into two major categories of law – “intertribal common law” and “intratribal common law.” “Intertribal common law” is the common law applied by tribal courts to cases arising out of Anglo-American legal constructs, such as employment contracts or housing leases. “Intratribal common law” is the common law applied by tribal courts to cases arising out of indigenous legal constructs, such as family and inheritance rules or ...


Alternative Dispute Resolution, Mary A. Bedikian Jan 2006

Alternative Dispute Resolution, Mary A. Bedikian

Faculty Publications

No abstract provided.


The First Amendment And Measuring Media Diversity: Constitutional Principles And Regulatory Challenges, Adam Candeub Jan 2006

The First Amendment And Measuring Media Diversity: Constitutional Principles And Regulatory Challenges, Adam Candeub

Faculty Publications

No abstract provided.


Avoiding Absurdity, Glen Staszewski Jan 2006

Avoiding Absurdity, Glen Staszewski

Faculty Publications

No abstract provided.


Some Thoughts On Religion, Abstinence-Only, And Sex Education In The Public Schools, Frank S. Ravitch Jan 2006

Some Thoughts On Religion, Abstinence-Only, And Sex Education In The Public Schools, Frank S. Ravitch

Faculty Publications

No abstract provided.


Institutional Rules, Strategic Behavior And The Legacy Of Chief Justice William Rehnquist: Setting The Record Straight On Dickerson V. United States, Daniel Martin Katz Jan 2006

Institutional Rules, Strategic Behavior And The Legacy Of Chief Justice William Rehnquist: Setting The Record Straight On Dickerson V. United States, Daniel Martin Katz

Faculty Publications

Why did Justice Rehnquist behave the way he did in Dickerson v. United States? As written, many prevailing accounts accept Justice Rehnquist's opinion in Dickerson v. United States at face value and disavow the potential of a strategic explanation. The difficulty with the non-strategic accounts is their failure to outline explicitly the evidence supporting the uniqueness of their theory. Specifically, these explanations largely ignore the alternative set of preferences which could have produced the Chief's decision. This is troubling because prior scholarship demonstrates that a chief justice possesses a unique set of institutional powers which provides significant incentive ...


Propertization Metaphors For Bargaining Power And Control Of The Self In The Information Age, Daniel D. Barnhizer Jan 2006

Propertization Metaphors For Bargaining Power And Control Of The Self In The Information Age, Daniel D. Barnhizer

Faculty Publications

No abstract provided.


Procreation Through Art: Why The Adoption Process Should Not Apply, Melanie B. Jacobs Jan 2006

Procreation Through Art: Why The Adoption Process Should Not Apply, Melanie B. Jacobs

Faculty Publications

No abstract provided.


The Bait-And-Switch In Direct Democracy, Glen Staszewski Jan 2006

The Bait-And-Switch In Direct Democracy, Glen Staszewski

Faculty Publications

No abstract provided.


Reviving Local Tribal Control In Indian Country, Matthew L.M. Fletcher Jan 2006

Reviving Local Tribal Control In Indian Country, Matthew L.M. Fletcher

Faculty Publications

No abstract provided.


Trips: A Link Too Far - A Proposal For Procedural Restraints On Regulatory Linkage In The Wto, Sean A. Pager Jan 2006

Trips: A Link Too Far - A Proposal For Procedural Restraints On Regulatory Linkage In The Wto, Sean A. Pager

Faculty Publications

No abstract provided.


The Myth Of The Student-Athlete: The College Athlete As Employee, Robert A. Mccormick, Amy C. Mccormick Jan 2006

The Myth Of The Student-Athlete: The College Athlete As Employee, Robert A. Mccormick, Amy C. Mccormick

Faculty Publications

No abstract provided.


One More Time: Alimony, Intuition, And The Remarriage-Termination Rule, Cynthia Lee Starnes Jan 2006

One More Time: Alimony, Intuition, And The Remarriage-Termination Rule, Cynthia Lee Starnes

Faculty Publications

No abstract provided.


Cultural Sovereignty And Transplanted Law: Tensions In Indigenous Self-Rule, Wenona T. Singel Jan 2006

Cultural Sovereignty And Transplanted Law: Tensions In Indigenous Self-Rule, Wenona T. Singel

Faculty Publications

No abstract provided.


You Can't Get Here From Here: Toward A More Child-Centered Immigration Law, David B. Thronson Jan 2006

You Can't Get Here From Here: Toward A More Child-Centered Immigration Law, David B. Thronson

Faculty Publications

No abstract provided.


Choiceless Choices: Deportation And The Parent-Child Relationship, David B. Thronson Jan 2006

Choiceless Choices: Deportation And The Parent-Child Relationship, David B. Thronson

Faculty Publications

No abstract provided.


Seeing Government Purpose Through The Objective Observer's Eyes: The Evolution-Intelligent Design Debates, Kristi L. Bowman Jan 2006

Seeing Government Purpose Through The Objective Observer's Eyes: The Evolution-Intelligent Design Debates, Kristi L. Bowman

Faculty Publications

No abstract provided.