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Articles 1 - 30 of 38
Full-Text Articles in Law
Foreword: Elected Branch Influences In Constitutional Decisionmaking, Neal Devins
Foreword: Elected Branch Influences In Constitutional Decisionmaking, Neal Devins
Faculty Publications
No abstract provided.
Congress, The Fcc, And The Search For The Public Trustee, Neal Devins
Congress, The Fcc, And The Search For The Public Trustee, Neal Devins
Faculty Publications
No abstract provided.
The University In The Manner Of Tiananmen Square, William W. Van Alstyne
The University In The Manner Of Tiananmen Square, William W. Van Alstyne
Faculty Publications
No abstract provided.
'Death And Taxes' And Hypocrisy, John W. Lee
'Death And Taxes' And Hypocrisy, John W. Lee
Faculty Publications
Professor Lee finds the "death and taxes" poem by Rep. Ewing hypocritical for several reasons. He notes that the poem is derived from a 1920s populist attack on Treasury Secretary Mellon for cutting taxes on the rich in the name of trickle-down economics while relying on regressive excise taxes on the masses -- an attack similar to that waged by then-Governor Clinton during the 1992 presidential campaign. Further, says Lee, the Bush administration displayed more of a preference for regressive excise taxes than the Clinton plan, whose reliance in part on consumption taxes appears a consequence of 25 years of …
Congressional Procedure And Statutory Interpretation, Larry Evans, Jarrell Wright, Neal Devins
Congressional Procedure And Statutory Interpretation, Larry Evans, Jarrell Wright, Neal Devins
Faculty Publications
No abstract provided.
The Legal Significance Of Gestation, Larry I. Palmer
The Legal Significance Of Gestation, Larry I. Palmer
Faculty Publications
No abstract provided.
President Clinton's Capital Gains Proposals, John W. Lee
President Clinton's Capital Gains Proposals, John W. Lee
Faculty Publications
Professor Lee believes that the generic capital gains rate should not be increased over 28 percent for revenue and political reasons. But to reflect that, on the average, capital gains realized by middle-income families consists entirely of inflation gain, while half of the capital gain realized at the 31- percent bracket and above consists of economic gain, increasing to 80-percent economic at the very top, he argues that a greater exclusion should be provided at the 28- and 15-percent brackets, either by a "progressive schedule" or by a $3,500 annual exclusion. To strengthen the political base for increasing the top …
Uniformity In The Federal Courts: A Proposal For Increasing The Use Of En Banc Appellate Review, Michael Ashley Stein
Uniformity In The Federal Courts: A Proposal For Increasing The Use Of En Banc Appellate Review, Michael Ashley Stein
Faculty Publications
No abstract provided.
Electronic Conferences: The Report Of An Experiment, I. Trotter Hardy
Electronic Conferences: The Report Of An Experiment, I. Trotter Hardy
Faculty Publications
No abstract provided.
Creating An Expert System For Legislative History Research: Project Clear's 'Lexpert', I. Trotter Hardy
Creating An Expert System For Legislative History Research: Project Clear's 'Lexpert', I. Trotter Hardy
Faculty Publications
Professor Hardy describes techniques that help to automate the creation of Lexpert, an expert system for giving advice about legislative history research.
Virtues (And Limits) Of Shared Values: The Fourth Amendment And Miranda's Concept Of Custody, Richard A. Williamson
Virtues (And Limits) Of Shared Values: The Fourth Amendment And Miranda's Concept Of Custody, Richard A. Williamson
Faculty Publications
Miranda only protects suspects who the police subject to custodial interrogation. The concept of custody is tethered to the Fifth Amendment privilege against self-incrimination; thus, to render a suspect in custody, law enforcement officials must subject the suspect to a compelling environment that tends to undermine that privilege. In this article, Professor Richard A. Williamson examines the application of Miranda to Terry stops. He reviews the impact of the Beheler and Berkemer decisions, which held that suspects who officials stop based on reasonable suspicion, as opposed to suspects who officials arrest, are not entitled to Miranda warnings. Professor Williamson generally …
The Future Of Transfer Taxation: Repeal, Restructuring And Refinement, Or Replacement, John E. Donaldson
The Future Of Transfer Taxation: Repeal, Restructuring And Refinement, Or Replacement, John E. Donaldson
Faculty Publications
No abstract provided.
Corporate Tax Policy For The Twenty-First Century: Integration And Redeeming Social Value, Glenn E. Coven
Corporate Tax Policy For The Twenty-First Century: Integration And Redeeming Social Value, Glenn E. Coven
Faculty Publications
No abstract provided.
“Thirty Pieces Of Silver” For The Rights Of Your People: Irresistible Offers Reconsidered As A Matter Of State Constitutional Law, William W. Van Alstyne
“Thirty Pieces Of Silver” For The Rights Of Your People: Irresistible Offers Reconsidered As A Matter Of State Constitutional Law, William W. Van Alstyne
Faculty Publications
No abstract provided.
Zoe Baird, Betrayal And Fragmentation, Susan Grover
Zoe Baird, Betrayal And Fragmentation, Susan Grover
Faculty Publications
No abstract provided.
The Employer's Fetal Injury Quandary After Johnson Controls, Susan Grover
The Employer's Fetal Injury Quandary After Johnson Controls, Susan Grover
Faculty Publications
No abstract provided.
An Essay On Independence, Interdependence, And The Suretyship Principle, Peter A. Alces
An Essay On Independence, Interdependence, And The Suretyship Principle, Peter A. Alces
Faculty Publications
In this article, Professor Peter A. Alces investigates the tension that exists between the independent and interdependent nature of contractual relations arising in suretyship agreements and letter of credit transactions. This discussion is particularly timely as the American Law Institute is currently revising both the Restatement of the Law of Suretyship and Article 5 of the Uniform Commercial Code, "Letters of Credit." This article discerns a basic incongruity between the two revisions' treatment of interrelated multiple party rights and discusses the consequences that this incongruity can be expected to have upon commercial transactions.
Political Will And The Unitary Executive: What Makes An Independent Agency Independent?, Neal Devins
Political Will And The Unitary Executive: What Makes An Independent Agency Independent?, Neal Devins
Faculty Publications
No abstract provided.
Roll Over, Llewellyn?, Peter A. Alces
The Bases Are Loaded And It's Time To Get A Restraining Order: The Confounding Conflation Of America's Two National Pastimes, Paul A. Lebel
The Bases Are Loaded And It's Time To Get A Restraining Order: The Confounding Conflation Of America's Two National Pastimes, Paul A. Lebel
Faculty Publications
No abstract provided.
Private Practice For Public Consumption: Two Views Of Corporate Law, Jayne W. Barnard
Private Practice For Public Consumption: Two Views Of Corporate Law, Jayne W. Barnard
Faculty Publications
No abstract provided.
Clearer Conceptions Of Insider Preferences, Peter A. Alces
Clearer Conceptions Of Insider Preferences, Peter A. Alces
Faculty Publications
No abstract provided.
Criminal Justice Reforms In The United States, Paul Marcus
Criminal Justice Reforms In The United States, Paul Marcus
Faculty Publications
No abstract provided.
Reagan Redux: Civil Rights Under Bush, Neal Devins
Reagan Redux: Civil Rights Under Bush, Neal Devins
Faculty Publications
No abstract provided.
"Accidental" Shootings As Fourth Amendment Seizures, Kathryn R. Urbonya
"Accidental" Shootings As Fourth Amendment Seizures, Kathryn R. Urbonya
Faculty Publications
No abstract provided.
Country/Region Reports -- United States Of America, Linda A. Malone
Country/Region Reports -- United States Of America, Linda A. Malone
Faculty Publications
No abstract provided.
Book Review Of Liberalism And Republicanism In The Historical Imagination, Cynthia V. Ward
Book Review Of Liberalism And Republicanism In The Historical Imagination, Cynthia V. Ward
Faculty Publications
No abstract provided.
Freedom Of Speech For Libraries And Librarians, Rodney A. Smolla
Freedom Of Speech For Libraries And Librarians, Rodney A. Smolla
Faculty Publications
Noting the recent bicentennial of the First Amendment to the United States Constitution, Professor Smolla considers the role of librarians in opposing censorship. He proposes a new principle of "professionalism" to establish the librarian's role, and discusses the principle in light of the Supreme Court's decision in Board of Education v. Pico.
Information, Imagery, And The First Amendment: A Case For Expansive Protection Of Commercial Speech, Rodney A. Smolla
Information, Imagery, And The First Amendment: A Case For Expansive Protection Of Commercial Speech, Rodney A. Smolla
Faculty Publications
No abstract provided.
The Law School Expansion Draft (On The Lighter Side), Paul A. Lebel
The Law School Expansion Draft (On The Lighter Side), Paul A. Lebel
Faculty Publications
No abstract provided.