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Articles 1 - 27 of 27
Full-Text Articles in Law
Court Actions Contesting The Nonjudicial Foreclosure Of Deeds Of Trust In Washington, Joseph L. Hoffmann
Court Actions Contesting The Nonjudicial Foreclosure Of Deeds Of Trust In Washington, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.
Chief Justice Traynor And Criminal Law, Jerome Hall
Chief Justice Traynor And Criminal Law, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Reinterpreting The Religion Clauses: Constitutional Construction And Conceptions Of The Self, Susan H. Williams
Reinterpreting The Religion Clauses: Constitutional Construction And Conceptions Of The Self, Susan H. Williams
Articles by Maurer Faculty
The first amendment guarantees freedom from "law[s] respecting an establishment of religion or prohibiting the free exercise thereof." The apparent tension between the two clauses of this provision has generated judicial confusion and scholarly disagreement. The perceived conflict between the religion clauses is the product of a particular understanding of what is most fundamental about human identity and the human situation - an understanding that derives from classical liberal political theory and that assumes a sharp division between the individual and his community. This Note proposes an alternative to the liberal conception of human identity, one that encompasses both the …
Evidence: Survey Of Recent Developments In Indiana Law, J. Alexander Tanford
Evidence: Survey Of Recent Developments In Indiana Law, J. Alexander Tanford
Articles by Maurer Faculty
With rare exceptions, Indiana evidence law progresses slowly and holds closely to the traditional concepts of the common law. This Survey Article collects the several important cases decided during the past year that continue this development of Indiana's common law of evidence. A general word of caution is in order concerning the Indiana appellate courts' evidence cases. Most evidence issues arise in criminal cases, in which convicted defendants allege error in the admission of evidence against them or in the exclusion of evidence offered in their defense. A ruling in favor of the defendant could result in the reversal of …
Speculations On The Role Of Context In Boycott Cases, Robert H. Heidt
Speculations On The Role Of Context In Boycott Cases, Robert H. Heidt
Articles by Maurer Faculty
No abstract provided.
Racketerring And The Federalization Of Crime, Craig M. Bradley
Racketerring And The Federalization Of Crime, Craig M. Bradley
Articles by Maurer Faculty
The federal anti-racketeering effort has grown steadily since its inception in response to the lottery schemes of the late nineteenth century. Yet, as this article demonstrates, it has done so in the absence of a clear understanding of just what the problem is, and how the ever-expanding body of legislation is going to deal with it. While not wholly critical of the efforts of the Department of Justice and the Congress to "stamp out" racketeering, Professor Bradley raises substantial questions about the government's assessments of the scope of the problem and the effectiveness of the methods employed in fighting it.
Human Rights, U.S. Foreign Policy, And Haitian Refugees, John Scanlan, Gilburt Loescher
Human Rights, U.S. Foreign Policy, And Haitian Refugees, John Scanlan, Gilburt Loescher
Articles by Maurer Faculty
No abstract provided.
Are Targets Of Sec Investigations Entitled To Notice Of Subpoenas Issued To Third Parties?, Carole Silver
Are Targets Of Sec Investigations Entitled To Notice Of Subpoenas Issued To Third Parties?, Carole Silver
Articles by Maurer Faculty
No abstract provided.
Fair Use Old And New: The Betamax Case And Its Forebears, M. B.W. Sinclair
Fair Use Old And New: The Betamax Case And Its Forebears, M. B.W. Sinclair
Articles by Maurer Faculty
No abstract provided.
Shelf Registration, Integrated Disclosure, And Underwriter Due Diligence: An Economic Analysis, Merritt B. Fox
Shelf Registration, Integrated Disclosure, And Underwriter Due Diligence: An Economic Analysis, Merritt B. Fox
Articles by Maurer Faculty
No abstract provided.
The Theoretical Justification For The New Criminal Law Of The High Middle Ages: "Rei Publicae Interest, Ne Crimina Remaneant Impunita", Richard M. Fraher
The Theoretical Justification For The New Criminal Law Of The High Middle Ages: "Rei Publicae Interest, Ne Crimina Remaneant Impunita", Richard M. Fraher
Articles by Maurer Faculty
No abstract provided.
A Clinical Experience, Edwin H. Greenebaum
A Clinical Experience, Edwin H. Greenebaum
Articles by Maurer Faculty
No abstract provided.
The Arnolds Of Southwest Arkansas: 102 Years Of Law, Morris S. Arnold
The Arnolds Of Southwest Arkansas: 102 Years Of Law, Morris S. Arnold
Articles by Maurer Faculty
No abstract provided.
Statutory Interpretation In America: Dipping Into Legislative History, Part I, Reed Dickerson
Statutory Interpretation In America: Dipping Into Legislative History, Part I, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Profiting From Unfair Labor Practices: A Proposal To Regulate Management Representatives, Terry A. Bethel
Profiting From Unfair Labor Practices: A Proposal To Regulate Management Representatives, Terry A. Bethel
Articles by Maurer Faculty
No abstract provided.
Saints And Sinners: On Gandhi's Lawyers And Touts, John A. Flood
Saints And Sinners: On Gandhi's Lawyers And Touts, John A. Flood
Articles by Maurer Faculty
No abstract provided.
The Fifth Amendment Privilege And Documents--Cutting Fisher's Tangled Line, Robert Heidt
The Fifth Amendment Privilege And Documents--Cutting Fisher's Tangled Line, Robert Heidt
Articles by Maurer Faculty
No abstract provided.
Book Review. From Swift To Erie: An Historical Perspective, Gene R. Shreve
Book Review. From Swift To Erie: An Historical Perspective, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
Book Review. Civil Procedure In Japan By Takaaki Hattori And Dan Fenno Henderson, Bryant G. Garth
Book Review. Civil Procedure In Japan By Takaaki Hattori And Dan Fenno Henderson, Bryant G. Garth
Articles by Maurer Faculty
No abstract provided.
Copyright And The Art Museum, Marshall A. Leaffer, Rhoda L. Berkowitz
Copyright And The Art Museum, Marshall A. Leaffer, Rhoda L. Berkowitz
Articles by Maurer Faculty
No abstract provided.
Right Against Self-Incrimination -- "Public Safety" Exception, David C. Williams
Right Against Self-Incrimination -- "Public Safety" Exception, David C. Williams
Articles by Maurer Faculty
No abstract provided.
Fair Dealing Comes Of Age In The Regulation Of Going Private Transactions, Carole Silver
Fair Dealing Comes Of Age In The Regulation Of Going Private Transactions, Carole Silver
Articles by Maurer Faculty
No abstract provided.
In Memoriam: Ralph F. Fuchs, Jost Delbruck
In Memoriam: Ralph F. Fuchs, Jost Delbruck
Articles by Maurer Faculty
No abstract provided.
Statutory Interpretation In America: Dipping Into Legislative History, Part Ii, Reed Dickerson
Statutory Interpretation In America: Dipping Into Legislative History, Part Ii, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Sentencing Antitrust Offenders: Reconciling Economic Theory With Legal Theory, Kenneth G. Dau-Schmidt
Sentencing Antitrust Offenders: Reconciling Economic Theory With Legal Theory, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
This Article evaluates two different economic models of criminal law as applied to the enforcement of antitrust laws. The author argues that economic models which propose antitrust punishment be limited to fines and then to fines that are levied against only business entities, are deficient because they account for only the general deterrent effect of punishment and include a value of criminal benefit for the offender, a value not shared by society. He presents, as an alternative, a model that accounts for benefits afforded by incarceration such as the signaling of what is a criminal offense, changes in the criminal's …
Toward A Reform Of The Six-Year Bar To Discharge In Bankruptcy, David C. Williams
Toward A Reform Of The Six-Year Bar To Discharge In Bankruptcy, David C. Williams
Articles by Maurer Faculty
Since early in this century, the six-year bar to discharge has been a familiar feature of bankruptcy law: a debtor who has once been adjudicated a bankrupt and granted a discharge has traditionally been unable to obtain another discharge for six years afterwards. The continued vitality of the measure, originally applicable to all forms of bankruptcy available, is now uncertain and controversial under the new chapter proceedings. The confusion surrounding the six-year bar suggests the need for a fresh consideration of the purposes of the rule. This Note examines the bar's animating rationale and the status of the bar under …
Restrictions On Public Broadcasters' Rights To Editorialize, Susan H. Williams
Restrictions On Public Broadcasters' Rights To Editorialize, Susan H. Williams
Articles by Maurer Faculty
No abstract provided.