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Articles 1 - 30 of 42
Full-Text Articles in Law
Chasing The Illusory Pot Of Gold At The End Of The Rainbow: Negligence And Strict Liability In Design Defect Litigation, Aaron D. Twerski
Chasing The Illusory Pot Of Gold At The End Of The Rainbow: Negligence And Strict Liability In Design Defect Litigation, Aaron D. Twerski
Faculty Scholarship
No abstract provided.
Therapeutic Forgetting: The Legal And Ethical Implications Of Memory Dampening, Adam Kolber
Therapeutic Forgetting: The Legal And Ethical Implications Of Memory Dampening, Adam Kolber
Faculty Scholarship
No abstract provided.
"Deport All The Students": Lessons Learned In An X-Treme Clinic, Stacy Caplow
"Deport All The Students": Lessons Learned In An X-Treme Clinic, Stacy Caplow
Faculty Scholarship
No abstract provided.
Absurd Results, Scrivener's Errors, And Statutory Interpretation, Andrew S. Gold
Absurd Results, Scrivener's Errors, And Statutory Interpretation, Andrew S. Gold
Faculty Scholarship
No abstract provided.
From The Wrong End Of The Telescope: A Response To Professor David Bernstein, Aaron D. Twerski, Margaret Berger
From The Wrong End Of The Telescope: A Response To Professor David Bernstein, Aaron D. Twerski, Margaret Berger
Faculty Scholarship
No abstract provided.
What We Talk About When We Talk About Workplace Privacy, Anita Bernstein
What We Talk About When We Talk About Workplace Privacy, Anita Bernstein
Faculty Scholarship
No abstract provided.
The Myth Of The Rational Borrower: Behaviorism, Rationality And The Misguided Reform Of Bankruptcy Law, Edward J. Janger, Susan Block-Lieb
The Myth Of The Rational Borrower: Behaviorism, Rationality And The Misguided Reform Of Bankruptcy Law, Edward J. Janger, Susan Block-Lieb
Faculty Scholarship
No abstract provided.
The Zeal Shortage, Anita Bernstein
Invisible Settlements, Invisible Discrimination, Minna J. Kotkin
Invisible Settlements, Invisible Discrimination, Minna J. Kotkin
Faculty Scholarship
No abstract provided.
In The Trenches Of Law Librarianship - Assessing A Special Collection From Ground Zero, Stacy Etheredge
In The Trenches Of Law Librarianship - Assessing A Special Collection From Ground Zero, Stacy Etheredge
Articles
No abstract provided.
Nonprofit Takeovers: Regulating The Market For Mission, Dana Brakman Reiser
Nonprofit Takeovers: Regulating The Market For Mission, Dana Brakman Reiser
Faculty Scholarship
No abstract provided.
Keep It Simple: An Explanation Of The Rule Of No Recovery For Pure Economic Loss, Anita Bernstein
Keep It Simple: An Explanation Of The Rule Of No Recovery For Pure Economic Loss, Anita Bernstein
Faculty Scholarship
No abstract provided.
Introduction: The Plaintiff's Bar, Anita Bernstein, Marc Galanter, Tanina Rostain
Introduction: The Plaintiff's Bar, Anita Bernstein, Marc Galanter, Tanina Rostain
Faculty Scholarship
No abstract provided.
The Federal Definition Of Tax Partnership, Bradley T. Borden
The Federal Definition Of Tax Partnership, Bradley T. Borden
Faculty Scholarship
No abstract provided.
The Usa Patriot Act And The Submajoritarian Fourth Amendment, Susan Herman
The Usa Patriot Act And The Submajoritarian Fourth Amendment, Susan Herman
Faculty Scholarship
No abstract provided.
Bartnicki As Lochner: Some Thoughts On First Amendment Lochnerism, Howard M. Wasserman
Bartnicki As Lochner: Some Thoughts On First Amendment Lochnerism, Howard M. Wasserman
Faculty Publications
No abstract provided.
2006 California Five-Year Infrastructure Plan, Office Of The Governor
2006 California Five-Year Infrastructure Plan, Office Of The Governor
California Agencies
No abstract provided.
Markets For Markets: Origins And Subjects Of Information Markets, Miriam A. Cherry, Robert L. Rogers
Markets For Markets: Origins And Subjects Of Information Markets, Miriam A. Cherry, Robert L. Rogers
All Faculty Scholarship
This Article focuses on why information markets have covered certain subject areas, sometimes of minor importance, while neglecting other subject areas of greater significance. To put it another way, why do information markets exist to predict the outcome of the papal conclave and the Michael Jackson trial, but no information markets exist to predict government policy conclusions, Supreme Court decisions, or the rulings in Delaware corporate law cases? Arguably, from either a dollar value or a social utility perspective, these areas of law and business would be more important than the outcome of, say, the Jackson trial. Why, then, do …
Financial Moral Panic! Sarbanes-Oxley, Financier Folk Devils, And Off-Balance Sheet Arrangement, Jose M. Gabilondo
Financial Moral Panic! Sarbanes-Oxley, Financier Folk Devils, And Off-Balance Sheet Arrangement, Jose M. Gabilondo
Faculty Publications
No abstract provided.
Uniform Commercial Code Survey: Sales, Keith A. Rowley, Carolyn L. Dessin, Larry T. Garvin, Robyn L. Meadows
Uniform Commercial Code Survey: Sales, Keith A. Rowley, Carolyn L. Dessin, Larry T. Garvin, Robyn L. Meadows
Scholarly Works
2005 Uniform Commercial Code Survey: Sales
The Often Imitated, But Not Yet Duplicated, Revised Uniform Commercial Code Article 1, Keith A. Rowley
The Often Imitated, But Not Yet Duplicated, Revised Uniform Commercial Code Article 1, Keith A. Rowley
Scholarly Works
Unlike Revised Uniform Commercial Code Article 9 (1999), which every state and the District of Columbia enacted within roughly two years of its promulgation, states have been slower to warm to Revised UCC Article 1 (2001). Nearly seven years after the American Law Institute and the National Conference of Commissioners on Uniform State Law promulgated it, thirty-three states have enacted their own versions of Revised UCC Article 1. None of the thirty-three has enacted the uniform version in its entirety. All thirty-three enacting states have rejected the uniform choice-of-law provision (§ 1-301) in favor of retaining language based on pre-Revised …
Bringing Families In: Recommendations Of The Incarceration, Reentry And Family Roundtables, Ann Cammett, Johnna Christian, Nancy Fisherman, Lori Scott-Pickens
Bringing Families In: Recommendations Of The Incarceration, Reentry And Family Roundtables, Ann Cammett, Johnna Christian, Nancy Fisherman, Lori Scott-Pickens
Scholarly Works
Building on the findings of the New Jersey Reentry Roundtable and a growing concern around the state about how to improve outcomes for the more than 70,000 individuals expected to return home from prison over the next five years, the roundtable examined the complex role that families – broadly defined – play in the lives of prisoners during incarceration and after their release. This document presents a set of recommendations emerging directly from roundtable sessions and provides a road map for individual and collaborative efforts accepted by a range of key players in New Jersey, including government officials, community and …
Frontier Justice: Legal Aid And Unhcr Refugee Status Determination In Egypt, Michael Kagan
Frontier Justice: Legal Aid And Unhcr Refugee Status Determination In Egypt, Michael Kagan
Scholarly Works
Where UNHCR conducts refugee status determination (RSD), its reactions to legal aid for asylum-seekers have been mixed. Statistical evidence collected from Egypt in 2002 indicates a correlation between receiving some form of legal aid service and an asylum-seeker's increased chances of gaining refugee protection from UNHCR. Unconventional forms of legal aid, including limited services by supervised non-lawyers (including volunteers from the refugee community) showed a positive impact on first instance cases, while traditional legal aid models showed an impact at the appeal stage. Legal aid should form an essential part of UNHCR's RSD procedures, and NGOs should work to expand …
The Beleaguered Gatekeeper: Protection Challenges Posed By Unhcr Refugee Status Determination, Michael Kagan
The Beleaguered Gatekeeper: Protection Challenges Posed By Unhcr Refugee Status Determination, Michael Kagan
Scholarly Works
The number of individual Refugee Status Determination (RSD) applications received by United Nations High Commissioner for Refugees (UNHCR) offices worldwide nearly doubled from 1997 to 2001, while UNHCR’s RSD operations have been criticized for failing to implement basic standards of procedural fairness. Yet, although there is some literature critiquing how UNHCR determines refugee status, there is little literature examining whether UNHCR should do so, and if it should, when, where, and under what conditions.
UNHCR performance of RSD poses protection challenges because it is founded on a basic contradiction. On the one hand, government action is essential for effective refugee …
Celebrating Life And Taxes, Francine J. Lipman
The Puzzle Of Ivf, Dena S. Davis
The Puzzle Of Ivf, Dena S. Davis
Law Faculty Articles and Essays
This essay seeks to address a puzzling element of the current political and legal struggles over abortion in the United States: if, as pro-life activists insist, embryos are morally equivalent to born, living persons, then why do these activists not oppose in vitro fertilization (IVF) as aggressively as they oppose abortion? IVF accounts for a significant number of destroyed embryos. Constitutionally, IVF appears to be a much more vulnerable target than abortion. And yet, legislative and political attempts to attack and restrict IVF are few, while attempts to erode women's capability to terminate pregnancies are a constant feature of our …
A Tribute To My Friend, Wendy B. Scott
Standing In Babylon, Looking Toward Zion, Katherine R. Kruse
Standing In Babylon, Looking Toward Zion, Katherine R. Kruse
Scholarly Works
This article defends the triumph of vision at the 2006 UNLV Conference on Representing Children in Families by examining the interrelationship between idealism and realism in the definition of lawyers' roles and the importance of idealized visions to the process of reforming dysfunctional systems. This article suggests that the vision of lawyering for children sketched in the UNLV Recommendations--though based in idealism--is both deeply realistic and ultimately practical. This article thus affirms the choice of the group of idealists who stood together for a few days in modern-day Babylon to keep their eyes trained on the vision of Zion as …
To Err Is Human, Keith A. Rowley
To Err Is Human, Keith A. Rowley
Scholarly Works
This essay reviews Allan Farnsworth's final book, Alleviating Mistakes: Reversal and Forgiveness for Flawed Perceptions (Oxford U. Press 2004). There are many kinds of mistakes. One kind - a rational, well-intended decision or act that results in unanticipated, negative consequences - was the principal subject of Allan Farnsworth's previous foray into the realm of contractual angst: Changing Your Mind: The Law of Regretted Decisions (Yale U. Press 1998). Another kind - the subject of this book - is a mistake caused by an inaccurate, incomplete, or incompetent mental state at the time of an act or decision that results in …
Relief From The Rubble: Tax Assistance For Victims Of The 2005 Hurricane Season, Francine J. Lipman
Relief From The Rubble: Tax Assistance For Victims Of The 2005 Hurricane Season, Francine J. Lipman
Scholarly Works
No abstract provided.