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Articles 1 - 30 of 43
Full-Text Articles in Law
The Confirmation Mystery, Michael J. Gerhardt
The Confirmation Mystery, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Who Are The Parents Biotechnological Children?, Larry I. Palmer
Who Are The Parents Biotechnological Children?, Larry I. Palmer
Faculty Publications
We do not underestimate the difficulties of legislating on this subject. In addition to the inevitable confrontation with the ethical and moral issues involved, there is the question of the wisdom and effectiveness of regulating a matter so private, yet of such public interest. Legislative consideration of surrogacy may also provide the opportunity to begin to focus on the overall implications of the new reproductive biotechnology- in vitro fertilization, preservation of sperms and eggs, embryo implantation and the like. The problem is how to enjoy the benefits of the technology-especially for infertile couples-while minimizing the risk of abuse. The problem …
A Rejoinder, Larry I. Palmer
Modern Technology In The Courtroom: Possibilities And Implications, Fredric I. Lederer
Modern Technology In The Courtroom: Possibilities And Implications, Fredric I. Lederer
Faculty Publications
No abstract provided.
Administrative Presiding Officials Today, Charles H. Koch Jr.
Administrative Presiding Officials Today, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
A Kinder, Gentler Liberalism? Visions Of Empathy In Feminist And Communitarian Literature, Cynthia V. Ward
A Kinder, Gentler Liberalism? Visions Of Empathy In Feminist And Communitarian Literature, Cynthia V. Ward
Faculty Publications
No abstract provided.
Technology Comes To The Courtroom, And . . ., Fredric I. Lederer
Technology Comes To The Courtroom, And . . ., Fredric I. Lederer
Faculty Publications
No abstract provided.
The Proper Legal Regime For 'Cyberspace', I. Trotter Hardy
The Proper Legal Regime For 'Cyberspace', I. Trotter Hardy
Faculty Publications
No abstract provided.
Partnership Profits Share For Services: An Aggregate Exegesis Of Revenue Procedure 93-27 (Part 2), John W. Lee
Partnership Profits Share For Services: An Aggregate Exegesis Of Revenue Procedure 93-27 (Part 2), John W. Lee
Faculty Publications
In this article, Professor Lee charts two alternative methods for implementing an aggregate solution to the problem of partnership profits share for services. The functional, or judicial, method is to handle (1) the exchange of partner-capacity services for a profit share subject to the risk f the venture with the Culbertson "common law relation of partnership," nonrealization event doctrine, implicitly contemplated by the 1984 legislative history to section 707(a)(2), (2) the classic Diamond transitory partner with a substance-over-form rule or step-transaction rule, and (3) a sale of the partnership interest in circumstances that would result in ordinary income in a …
Ain't?, Susan Grover
Interest Balancing And Other Limits To Judicially Managed Equal Educational Opportunity, Neal Devins
Interest Balancing And Other Limits To Judicially Managed Equal Educational Opportunity, Neal Devins
Faculty Publications
No abstract provided.
Partnership Profits Share For Services: An Aggregate Exegesis Of Revenue Procedure 93-27 (Part 1), John W. Lee
Partnership Profits Share For Services: An Aggregate Exegesis Of Revenue Procedure 93-27 (Part 1), John W. Lee
Faculty Publications
In this article, Lee charts two alternative methods for implementing an aggregate solution to the problem of partnership profits share exchanged for services. The functional, or judicial, method, he explains, is to handle (1) the exchange of partner-capacity services for a profit share subject to the risk of the venture with the Culbertson "common law relation of partnership," nonrealization event doctrine, implicitly contemplated by the 1984 legislative history to section 707(a)(2); (2) the classic Diamond transitory partner with a substance-over-form rule or step-transaction rule; and (3) a sale of the partnership interest in circumstances that would result in ordinary income …
Paying For The Deal: An Analysis Of Analysis Of Wire Transfer Law And International Financial Market Interest Groups, Raj Bhala
Faculty Publications
No abstract provided.
From Crippled To Disabled: The Legal Empowerment Of Americans With Disabilities, Michael Ashley Stein
From Crippled To Disabled: The Legal Empowerment Of Americans With Disabilities, Michael Ashley Stein
Faculty Publications
No abstract provided.
Through The Looking Glass: What Abortion Teaches Us About American Politics, Neal Devins
Through The Looking Glass: What Abortion Teaches Us About American Politics, Neal Devins
Faculty Publications
No abstract provided.
Tempest In An Envelope: Reflections On The Bush White House's Failed Takeover Of The U.S. Postal Service, Neal Devins
Tempest In An Envelope: Reflections On The Bush White House's Failed Takeover Of The U.S. Postal Service, Neal Devins
Faculty Publications
No abstract provided.
Funeral Oration In Honor Of United States V. Burton, Fredric I. Lederer
Funeral Oration In Honor Of United States V. Burton, Fredric I. Lederer
Faculty Publications
No abstract provided.
Civil Rights Act Of 1991, Neal Devins
Philadelphia Plan, Neal Devins
Rediscovering Nonjusticiability: Judicial Review Of Impeachments After Nixon, Michael J. Gerhardt
Rediscovering Nonjusticiability: Judicial Review Of Impeachments After Nixon, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Mommy Has A Blue Wheelchair: Recognizing The Parental Rights Of People With Disabilities, Michael Ashley Stein
Mommy Has A Blue Wheelchair: Recognizing The Parental Rights Of People With Disabilities, Michael Ashley Stein
Faculty Publications
No abstract provided.
Avoiding Takings “Accidents”: A Torts Perspective On Takings Law, Eric Kades
Avoiding Takings “Accidents”: A Torts Perspective On Takings Law, Eric Kades
Faculty Publications
Viewing the Takings Clause of the Fifth Amendment as a form of insurance appeals to our intuition. The government, like fire, does not often "take" property, but when faced with extraordinary risk property owners naturally desire compensation. Recent scholarship, however, has dissolved the attractiveness of this perspective. This literature, through economic analysis, claims that the Takings Clause should be repealed and replaced with private takings insurance. This is the "no-compensation" result. This article argues that the insurance-based understanding of the just compensation requirement can be preserved without reaching the surprising no-compensation result. The intuitive appeal of understanding the Takings Clause …
The Second Amendment And The Personal Right To Arms, William W. Van Alstyne
The Second Amendment And The Personal Right To Arms, William W. Van Alstyne
Faculty Publications
For many years, the Second Amendment was politely ignored, or summarily dismissed, by America's legal academy. In recent years, however, more and more law professors have begun taking the Second Amendment seriously. Professor William Van Alstyne, one of the nation's most respected Constitutional law professors, and the author of a leading Constitutional law casebook; offers his contribution in this essay. Van Alstyne suggests that the Second Amendment means exactly what it says: that individual citizens have a right, not merely a privilege, to own and carry firearms. He also commends the National Rifle Association for its constructive role as a …
Parents' Religion And Children's Welfare: Debunking The Doctrine Of Parents' Rights, James G. Dwyer
Parents' Religion And Children's Welfare: Debunking The Doctrine Of Parents' Rights, James G. Dwyer
Faculty Publications
The scope, weight, and assignment of parental rights have been the focus of much debate among legal commentators. These commentators generally have assumed that parents should have some rights in connection with the raising of their children. Rarely have commentators offered justifications for attributing rights to persons as parents, and when they have done so they have failed to subject those justifications to close scrutiny. This Article takes the novel approach of challenging parental rights in their entirety. The author explores the fundamental questions of what it means to say that individuals have rights as parents, and whether it is …
Discussion In The Security Council On Environmental Intervention In The Ukraine, Linda A. Malone
Discussion In The Security Council On Environmental Intervention In The Ukraine, Linda A. Malone
Faculty Publications
No abstract provided.
Appropriation Riders, Neal Devins
Affirmative Action, Neal Devins
Continuing Resolutions, Neal Devins
Max And Ralph: Unruly Children Of Limited-Form Requirements Contracts, David E. Boelzner
Max And Ralph: Unruly Children Of Limited-Form Requirements Contracts, David E. Boelzner
Faculty Publications
No abstract provided.
Unitariness And Independence: Solicitor General Control Over Independent Agency Litigation, Neal Devins
Unitariness And Independence: Solicitor General Control Over Independent Agency Litigation, Neal Devins
Faculty Publications
With a few exceptions, the Solicitor General controls all aspects of independent agency litigation before the Supreme Court. Solicitor General control of Supreme Court litigation creates a tension between independent agency freedom and the Solicitor General's authority. On the one hand, Solicitor General control provides the United States with a unitary voice before the Supreme Court, and provides the Court with a trustworthy litigator to explicate the government's position. On the other hand, such control may undermine the autonomy of independent agency decision making. In this Article, the author argues for a hybrid model of independent agency litigation in the …