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Articles 1 - 30 of 32
Full-Text Articles in Law
Not Just A Pretty Space, Colleen Kristl Pauwels
Not Just A Pretty Space, Colleen Kristl Pauwels
Articles by Maurer Faculty
No abstract provided.
A European Peace Order And The German Question: Legal And Political Aspects, Jost Delbruck
A European Peace Order And The German Question: Legal And Political Aspects, Jost Delbruck
Articles by Maurer Faculty
No abstract provided.
Strategic Research In Law And Society, Bryant G. Garth
Strategic Research In Law And Society, Bryant G. Garth
Articles by Maurer Faculty
No abstract provided.
Foreword: Structuring Sentencing Discretion: The New Federal Sentencing Guidelines, Ilene H. Nagel
Foreword: Structuring Sentencing Discretion: The New Federal Sentencing Guidelines, Ilene H. Nagel
Articles by Maurer Faculty
No abstract provided.
Coliseum Square Association V. City Of New Orleans: Streets For Rent, Or Public Things And The Undermining Of The Doctrine Of Inalienability, David V. Snyder
Coliseum Square Association V. City Of New Orleans: Streets For Rent, Or Public Things And The Undermining Of The Doctrine Of Inalienability, David V. Snyder
Articles by Maurer Faculty
No abstract provided.
Whose Nature? Practical Reason And Patriarchy, Lynne N. Henderson
Whose Nature? Practical Reason And Patriarchy, Lynne N. Henderson
Articles by Maurer Faculty
No abstract provided.
The Constitutional Right To Expert Assistance For Indigents In Civil Cases, David Medine
The Constitutional Right To Expert Assistance For Indigents In Civil Cases, David Medine
Articles by Maurer Faculty
No abstract provided.
Legislative Reforms Of Governmental Tort Liability: Overreacting To Minimal Evidence, Ann Judith Gellis
Legislative Reforms Of Governmental Tort Liability: Overreacting To Minimal Evidence, Ann Judith Gellis
Articles by Maurer Faculty
No abstract provided.
The Prospects For Enforcing Monetary Judgments Of The International Court Of Justice: A Study Of Nicaragua's Judgment Against The United States, Mary Ellen O'Connell
The Prospects For Enforcing Monetary Judgments Of The International Court Of Justice: A Study Of Nicaragua's Judgment Against The United States, Mary Ellen O'Connell
Articles by Maurer Faculty
No abstract provided.
Retroactivity And The Great Writ: How Congress Should Respond To Teague V. Lane, Joseph L. Hoffmann
Retroactivity And The Great Writ: How Congress Should Respond To Teague V. Lane, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.
Foreword: Nonjudicial Statutory Interpretation, William D. Popkin
Foreword: Nonjudicial Statutory Interpretation, William D. Popkin
Articles by Maurer Faculty
In the past decade the study of statutory interpretation has gone from benign neglect to intense scrutiny, but the emphasis has remained on interpretation by courts. This symposium takes a different approach. The major theme is that interpretation depends on the interpreter and that we can gain insight into statutory interpretation, even by courts, from analyzing the strengths and weaknesses of nonjudicial interpreters. Part I of this Foreword places the symposium in the broader setting of recent literature on statutory interpretation, briefly reviewing the major schools of thought and explaining the contributors' perspectives. Part II sets forth my own views …
Darwin, Donations, And The Illusion Of Dead Hand Control, Jeffrey E. Stake
Darwin, Donations, And The Illusion Of Dead Hand Control, Jeffrey E. Stake
Articles by Maurer Faculty
No abstract provided.
Personal Agenda In Clinical Work, Edwin H. Greenebaum
Personal Agenda In Clinical Work, Edwin H. Greenebaum
Articles by Maurer Faculty
No abstract provided.
The Law And Psychology Of Jury Instructions, J. Alexander Tanford
The Law And Psychology Of Jury Instructions, J. Alexander Tanford
Articles by Maurer Faculty
No abstract provided.
Book Review. Inventing The Industrial Revolution: The English Patent System, 1660-1800, Marshall A. Leaffer
Book Review. Inventing The Industrial Revolution: The English Patent System, 1660-1800, Marshall A. Leaffer
Articles by Maurer Faculty
No abstract provided.
The Case In Support Of Legislation Facilitating The Consolidation Of Mass-Accident Litigation: A View From The Legislature, Charles G. Geyh, Robert W. Kastenmeier
The Case In Support Of Legislation Facilitating The Consolidation Of Mass-Accident Litigation: A View From The Legislature, Charles G. Geyh, Robert W. Kastenmeier
Articles by Maurer Faculty
No abstract provided.
Racism In The Adversary System: The Defendant's Use Of Peremptory Challenges, J. Alexander Tanford
Racism In The Adversary System: The Defendant's Use Of Peremptory Challenges, J. Alexander Tanford
Articles by Maurer Faculty
No abstract provided.
Book Review. Judicial Rhetoric And Administrative Law, John S. Applegate
Book Review. Judicial Rhetoric And Administrative Law, John S. Applegate
Articles by Maurer Faculty
No abstract provided.
An Economic Analysis Of The Criminal Law As A Preference-Shaping Policy, Kenneth G. Dau-Schmidt
An Economic Analysis Of The Criminal Law As A Preference-Shaping Policy, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
In this Article I provide an economic analysis of criminal law as a preference-shaping policy. I argue that in addition to creating disincentives for criminal activity, criminal punishment is intended to promote various social norms of individual behavior by shaping the preferences of criminals and the population at large. By taking into account this preference-shaping function, I explain many of the characteristics of criminal law that have heretofore escaped the logic of the economic model. It is also the preference-shaping function and the prerequisite ordering of preferences that distinguish criminal law from tort law. My analysis suggests that society will …
Feminism's Search For The Feminine: Essentialism, Utopianism, And Community, Susan H. Williams
Feminism's Search For The Feminine: Essentialism, Utopianism, And Community, Susan H. Williams
Articles by Maurer Faculty
No abstract provided.
The Regulation Of Speech Incident To The Sale Or Promotion Of Goods And Services: A Multifactor Approach, Charles G. Geyh
The Regulation Of Speech Incident To The Sale Or Promotion Of Goods And Services: A Multifactor Approach, Charles G. Geyh
Articles by Maurer Faculty
No abstract provided.
Union Security Agreements Under The National Labor Relations Act: The Statute, The Constitution, And The Court's Opinion In Beck, Kenneth G. Dau-Schmidt
Union Security Agreements Under The National Labor Relations Act: The Statute, The Constitution, And The Court's Opinion In Beck, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
The Supreme Court's recent decision in Communications Workers of America v. Beck interpreted section 8(a)(3) of the National Labor Relations Act (NLRA) to prohibit the observance of agency shop agreements. By interpreting the statute in this way, the Court avoided the question of whether union security agreements under the NLRA are subject to constitutional scrutiny. The Court's determination that section 8(a)(3) does not allow agency shop agreements was an important decision affecting the enforceability of union security agreements in the vast majority of private sector bargaining agreements.
In this Article, Professor Dau-Schmidt criticizes the Court's interpretation of section 8(a)(3) in …
The First Amendment And The International "Free Flow" Of Information, Fred H. Cate
The First Amendment And The International "Free Flow" Of Information, Fred H. Cate
Articles by Maurer Faculty
No abstract provided.
Caseload And Judging: Judicial Adaptations To Caseload, Lauren K. Robel
Caseload And Judging: Judicial Adaptations To Caseload, Lauren K. Robel
Articles by Maurer Faculty
No abstract provided.
Book Review. Conceptual Change And The Constitution, Stephen A. Conrad
Book Review. Conceptual Change And The Constitution, Stephen A. Conrad
Articles by Maurer Faculty
No abstract provided.
Equitable Discretion To Dismiss Congressional-Plaintiff Suits: A Reassessment, Sophia Goodman
Equitable Discretion To Dismiss Congressional-Plaintiff Suits: A Reassessment, Sophia Goodman
Articles by Maurer Faculty
The United States Court of Appeals for the District of Columbia Circuit has devised a doctrine called equitable
discretion to screen congressional-plaintiff suits. The Author argues that the doctrine should be abandoned. She proposes that the courts be guided by existing standng principles in deciding whether to hear these cases.
International Copyright From An American Perspective, Marshall A. Leaffer
International Copyright From An American Perspective, Marshall A. Leaffer
Articles by Maurer Faculty
No abstract provided.
Criminal Procedure In The "Land Of Oz": Lessons For America, Craig M. Bradley
Criminal Procedure In The "Land Of Oz": Lessons For America, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Disclosure Of Medical Information Under Louisiana And Federal Law, David V. Snyder
Disclosure Of Medical Information Under Louisiana And Federal Law, David V. Snyder
Articles by Maurer Faculty
No abstract provided.
Book Review. From Medieval Group Litigation To The Modern Class Action By Stephen C. Yeazell, Richard M. Fraher
Book Review. From Medieval Group Litigation To The Modern Class Action By Stephen C. Yeazell, Richard M. Fraher
Articles by Maurer Faculty
No abstract provided.