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Articles 1 - 28 of 28
Full-Text Articles in Law
A New Employment Policy For The 1980’S: Learning From The Victories And Defeats Of Twenty Years Of Title Vii, Jerome M. Culp
A New Employment Policy For The 1980’S: Learning From The Victories And Defeats Of Twenty Years Of Title Vii, Jerome M. Culp
Faculty Scholarship
No abstract provided.
Judge Parker And The Public Service State, Peter G. Fish
Judge Parker And The Public Service State, Peter G. Fish
Faculty Scholarship
No abstract provided.
Introduction: A Symposium Of Critical Legal Studies, James Boyle
Introduction: A Symposium Of Critical Legal Studies, James Boyle
Faculty Scholarship
No abstract provided.
Parchment Matters: A Meditation On The Constitution As Text, H. Jefferson Powell
Parchment Matters: A Meditation On The Constitution As Text, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
Doctors On Trial: Steve Biko, Medical Ethics, And The Courts, Lawrence G. Baxter
Doctors On Trial: Steve Biko, Medical Ethics, And The Courts, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
Developments In The Law Of Toxic Waste Litigation: Bankruptcy And Insurance Issues, Jonathan B. Wiener
Developments In The Law Of Toxic Waste Litigation: Bankruptcy And Insurance Issues, Jonathan B. Wiener
Faculty Scholarship
No abstract provided.
Thinking About Nonliteral Interpretations Of The Internal Revenue Code, Lawrence A. Zelenak
Thinking About Nonliteral Interpretations Of The Internal Revenue Code, Lawrence A. Zelenak
Faculty Scholarship
In interpreting the Internal Revenue Code, courts must frequently resolve conflicts between the Code's literal language and its underlying structure and policies. Prof. Zelenak points out that the United States Supreme Court has failed to develop a coherent, consistent approach to resolving such conflicts, thus giving lower courts little guidance as to whether and when nonliteral interpretations of the Internal Revenue Code may be proper. Prof. Zelenak argues that nonliteral interpretations of the Internal Revenue Code may be appropriate when the language of a Code provision, taken literally, conflicts with Code policy or structure. The complexity of the Code does …
The Anatomy Of A Torts Class, James Boyle
The Alaska Workers’ Compensation Law: Fact-Finding, Appellate Review, And The Presumption Of Compensability, Arthur Larson, John Lewis
The Alaska Workers’ Compensation Law: Fact-Finding, Appellate Review, And The Presumption Of Compensability, Arthur Larson, John Lewis
Faculty Scholarship
No abstract provided.
A Symposium Of Critical Legal Studies: Introduction, James Boyle
A Symposium Of Critical Legal Studies: Introduction, James Boyle
Faculty Scholarship
No abstract provided.
Modernist Social Theory: Roberto Unger’S Passion, James Boyle
Modernist Social Theory: Roberto Unger’S Passion, James Boyle
Faculty Scholarship
No abstract provided.
Whose Rights? What Danger?, Michael E. Tigar
Whose Rights? What Danger?, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Legal Education And Public Policy, Lawrence G. Baxter
Legal Education And Public Policy, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
Pedagogy Without Purpose: An Essay On Professional Responsibility Courses And Casebooks, Erwin Chemerinsky
Pedagogy Without Purpose: An Essay On Professional Responsibility Courses And Casebooks, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Rethinking State Action, Erwin Chemerinsky
The Military Justice System And Command Accountability, Charles J. Dunlap Jr.
The Military Justice System And Command Accountability, Charles J. Dunlap Jr.
Faculty Scholarship
The Long Commission, which investigated the terrorist bombing of the Beirut Marine barracks, recommended punitive action against officers in the chain of command. The president, however, ruled out courts-martial. This article examines the concept of command accountability and the role of the military justice system.
Professional dereliction and incompetence have rarely been punished since World War II. . . . Failure to do so has bred an atmosphere of professional unaccountability that encourages, because it does not penalize, repetition of failure on the battlefield.
More Is Not Less: A Rejoinder To Professor Marshall, Erwin Chemerinsky
More Is Not Less: A Rejoinder To Professor Marshall, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
The Politics Of Reason: Critical Legal Theory And Local Social Thought, James Boyle
The Politics Of Reason: Critical Legal Theory And Local Social Thought, James Boyle
Faculty Scholarship
No abstract provided.
James A. Martin, Paul D. Carrington
Professional Peer Review And The Antitrust Laws, Clark C. Havighurst
Professional Peer Review And The Antitrust Laws, Clark C. Havighurst
Faculty Scholarship
Professor Havighurst exhaustively explores the antitrust implications of fee, utilization, and quality-oriented peer review. He places such activity first in a theoretical context and then in an historical context that shows why peer review merits particular antitrust attention. He suggests the defending peer review on the same public-interest grounds as are used in defense of the actions of public regulatory bodies is conceptually mistaken. A more appropriate defense, he says, would be that properly conducted peer review-- which eschews coercion, performs an advisory function, and leaves to others the decision whether to act on its advice-- actually enhances competition in …
The Second Death Of Federalism, William W. Van Alstyne
The Second Death Of Federalism, William W. Van Alstyne
Faculty Scholarship
No abstract provided.
Third-Party Action Over Against Workers’ Compensation Employer, Arthur Larson
Third-Party Action Over Against Workers’ Compensation Employer, Arthur Larson
Faculty Scholarship
Wages
Changing The Rules Of The Game: The New Fcc Regulations On Political Debates, Erwin Chemerinsky
Changing The Rules Of The Game: The New Fcc Regulations On Political Debates, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Ideals And Things: International Legal Scholarship And The Prison-House Of Language, James Boyle
Ideals And Things: International Legal Scholarship And The Prison-House Of Language, James Boyle
Faculty Scholarship
No abstract provided.
“Of Law And The River,” And Of Nihilism And Academic Freedom, Paul D. Carrington, Peter W. Martin
“Of Law And The River,” And Of Nihilism And Academic Freedom, Paul D. Carrington, Peter W. Martin
Faculty Scholarship
No abstract provided.
The Sound Of Silence: An Epistle On Prayer And The Constitution, Walter E. Dellinger Iii
The Sound Of Silence: An Epistle On Prayer And The Constitution, Walter E. Dellinger Iii
Faculty Scholarship
No abstract provided.
State Sovereignty And Federal Court Power: The Eleventh Amendment After “Pennhurst V. Halderman”, Erwin Chemerinsky
State Sovereignty And Federal Court Power: The Eleventh Amendment After “Pennhurst V. Halderman”, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Training The Ethical Lawyer: A Rejoinder To Schneyer, Erwin Chemerinsky
Training The Ethical Lawyer: A Rejoinder To Schneyer, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.