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Articles 1 - 8 of 8
Full-Text Articles in Law
Treating Sexual Harassment With Respect, Anita Bernstein
Treating Sexual Harassment With Respect, Anita Bernstein
Faculty Scholarship
No abstract provided.
Public Choice Theory: A Unifying Framework For Judicial Activism, Dana Brakman Reiser
Public Choice Theory: A Unifying Framework For Judicial Activism, Dana Brakman Reiser
Faculty Scholarship
No abstract provided.
The First Amendment In The Supreme Court: The Future Lies Ahead, Joel Gora
The First Amendment In The Supreme Court: The Future Lies Ahead, Joel Gora
Faculty Scholarship
No abstract provided.
Strategies For Preserving The Bankruptcy Trustee's Avoidance Power Against States After Seminole Tribe, Edward J. Janger
Strategies For Preserving The Bankruptcy Trustee's Avoidance Power Against States After Seminole Tribe, Edward J. Janger
Faculty Scholarship
No abstract provided.
A Letter From Appalachia, Deborah A. Schmedemann
A Letter From Appalachia, Deborah A. Schmedemann
Faculty Scholarship
The author describes a sabbatical spent working with the Appalachian Research and Defense Fund of Kentucky and volunteering as an adult literacy tutor. She describes the difficulties that face many people in that area who are in need of legal action and representation, and notes the importance of funding for legal aid for the poor.
Mediation And Some Lessons From The Uniform State Law Experience , James J. Brudney
Mediation And Some Lessons From The Uniform State Law Experience , James J. Brudney
Faculty Scholarship
Virtually every practicing attorney and legal academic first encountered uniform statutes when studying the Uniform Commercial Code (UCC) in law school. Yet the UCC's widespread acceptance and periodic renewal are not the legacy of most uniform law ventures. Taking a harder look at the uniform statutory process and its products may allow participants in a new effort to set realistic goals, or at least assist them in anticipating problems they are likely to face. This Article offers an overview and some pointers regarding the distinct challenge of developing a successful uniform mediation law. It discusses problems that stem from the …
The Underfederalization Of Crime, A. Kimberley Dayton
The Underfederalization Of Crime, A. Kimberley Dayton
Faculty Scholarship
This article contends that judicial and academic complaints about the overfederalization of crime largely have matters backwards. The image of a runaway national government increasingly taking away the enforcement of the criminal law from the States is essentially false. The available evidence indicates that the national government's share in the enforcement of criminal law has been actually diminishing for more than the last half century. The national government does have concurrent authority over a greater range of criminal activity now, including much violent street crime. But, contrary to Lopez and the conventional wisdom it embraces, this expanded authority does not …
Recent Legislation: Constitutional Law – Congress Imposes New Restrictions On Use Of Funds By The Legal Services Corporation – Omnibus Consolidated Rescissions And Appropriations Act Of 1996, Pub. L. No. 104-134, 110 Stat. 1321, Benjamin L. Liebman
Faculty Scholarship
Fierce political battles have raged about the Legal Services Corporation (LSC) for much of its twenty-three year history. Critics have attacked LSC for pursuing a "radical agenda" and for "engaging in dubious litigation that is of no real benefit to poor people," while supporters have termed LSC "the one program in the entire war on poverty that made a difference" and have decried the "campaign to deny the right of legal representation to the poor." Last year, in the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (OCRAA), Congress reduced LSC funding by thirty percent – to $278 million in …