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Articles 1 - 30 of 178
Full-Text Articles in Law
Gestational Surrogacy And The Health Care Provider: Put Part Of The "Ivf Genie" Back Into The Bottle, Karen H. Rothenberg
Gestational Surrogacy And The Health Care Provider: Put Part Of The "Ivf Genie" Back Into The Bottle, Karen H. Rothenberg
Faculty Scholarship
No abstract provided.
Rethinking Minority Business Development Strategies, Robert E. Suggs
Rethinking Minority Business Development Strategies, Robert E. Suggs
Faculty Scholarship
Minority business set-asides were created as a prophylactic measure to redress discrimination against minority owned business firms. Predominantly minority jurisdictions found them especially attractive because they promised to provide minority firms a share of the procurement dollars expended by these jurisdictions. The Croson decision invalidated Richmond’s ordinance and posed substantial barriers to further enactments. This article proposes an alternative to such set-aides. It argues that the proposed alternative, an Equal Opportunity Rating Agency (EORA), provides a superior business development policy tool and does not have the constitutional vulnerabilities of set-asides. An EORA would operate much like a credit rating agency, …
Rethinking "Original Intent", David B. Lyons
Rethinking "Original Intent", David B. Lyons
Faculty Scholarship
Although Dred Scott v. Sandford is one of the Supreme Court's most controversial decisions, it is not often taught or read. But its approach to constitutional interpretation is by no means outdated, and its historical importance has not diminished. So it seems a good example to consider.
Rent Appropriation And The Labor Law Doctrine Of Successorship, Keith N. Hylton
Rent Appropriation And The Labor Law Doctrine Of Successorship, Keith N. Hylton
Faculty Scholarship
When there is a change of corporate control in a business enterprise a question arises as to whether the new employer should be bound by the predecessor's collective bargaining relationship with the union representing the predecessor's employees. This is known as the successorship problem in labor law.' Successorship doctrine is complex and controversial. Several commentators have attempted to reconcile Supreme Court decisions and to ascertain the assumptions underlying the Court's opinions in this area.2 This Article does not attempt to do this, although paradoxically, the arguments presented may lead to reconciliation of many of the Supreme Court's decisions relating to …
Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann
Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann
Faculty Scholarship
This Essay is an effort to construct a normative basis for a constitutional theory to resist the Supreme Court's recent decision in DeShaney v. Winnebago County Department of Social Services.1 In DeShaney, the Court decided that a local social service worker's failure to prevent child abuse did not violate the due process clause of the fourteenth amendment even though the social worker "had reason to believe" the abuse was occurring. 2 Chief Justice Rehnquist's opinion for the Court held that government inaction cannot violate due process unless the state has custody of the victim, 3 thus settling a controversial …
Karl Krastin, Ronald B. Brown
Book Review - Reviewing S. Prakash Sinha, What Is Law? (1989), Stephen R. Alton
Book Review - Reviewing S. Prakash Sinha, What Is Law? (1989), Stephen R. Alton
Faculty Scholarship
Book Review Extract:
The title of S.P. Sinha's book, What Is Law?, is somewhat deceptive, for the author ambitiously tries to do more than merely define the concept of law in well under 300 pages. After the introductory historical and philosophical overview of his initial chapter, Sinha uses the balance of his book to summarize the major theories of law, including how law arises, how it is applied, and why it is important in society. The work is less of an original attempt by its writer to answer the question posed by the title than it is an effort to …
The Use Of Risk Assessment Evidence To Prove Increased Risk And Alternative Causation In Toxic Tort Litigation, Michael S. Baram
The Use Of Risk Assessment Evidence To Prove Increased Risk And Alternative Causation In Toxic Tort Litigation, Michael S. Baram
Faculty Scholarship
Due to the difficulties of proving causation in most toxic tort suits, plaintiffs and defendants in toxic tort litigation have begun to develop and use scientifically sophisticated risk assessments as evidence in proving or disproving causation. This use has led to two new trends in tort liability. First, there is the trend in which risk assessment is used by plaintiffs to buttress claims for future injury or increased risk. Second, there is the trend in which risk assessment is used by defendants to establish that other factors caused, in whole or in part, plaintiffs’ injuries.
This article evaluates these two …
Book Review - Reviewing John Eidsmoe, Christianity And The Constitution: The Faith Of Our Founding Fathers (1987), Stephen R. Alton
Book Review - Reviewing John Eidsmoe, Christianity And The Constitution: The Faith Of Our Founding Fathers (1987), Stephen R. Alton
Faculty Scholarship
Book Review Extract:
Judging by its title, John Eidsmoe's Christianity and the Constitution: The Faith of Our Founding Fathers, appears to promise an historical look at the religious beliefs and backgrounds of America's founders. It does that - and more-with mixed results. To be sure, there is some good in this book: to the extent that it sticks to its nominal purpose and attempts to document the religious beliefs of some of this nation's founding fathers, Eidsmoe's work is useful.
Unfortunately, both the author's scholarship and his motives in writing this book are questionable. His scholarship suffers from his tendency …
Professional Decisions And Ethical Values In Medical And Law Students, Robert L. Schwartz, Agnes G. Rezler, Pamela Lambert, S. Scott Obenshain, Joan Mciver Gibson, David A. Bennahum
Professional Decisions And Ethical Values In Medical And Law Students, Robert L. Schwartz, Agnes G. Rezler, Pamela Lambert, S. Scott Obenshain, Joan Mciver Gibson, David A. Bennahum
Faculty Scholarship
The purpose of this project is to evaluate and compare the values used by medical and law students when dealing with ethical dilemmas in the professional practice of law and medicine. It is assumed that conflict between doctors and lawyers often arises out of the different values that members of each profession apply to similar dilemmas.
Public Remedies For Private Wrongs: Rethinking The Title Vii Back Pay Remedy, Minna J. Kotkin
Public Remedies For Private Wrongs: Rethinking The Title Vii Back Pay Remedy, Minna J. Kotkin
Faculty Scholarship
No abstract provided.
Academic Freedom: A Bibliography, Janet Sinder
Academic Freedom: A Bibliography, Janet Sinder
Faculty Scholarship
No abstract provided.
Toward A Jurisprudence Of Benefits: The Norms Of Copyright And The Problem Of Private Censorship, Wendy J. Gordon
Toward A Jurisprudence Of Benefits: The Norms Of Copyright And The Problem Of Private Censorship, Wendy J. Gordon
Faculty Scholarship
For many years copyright was a backwater of the law. Perceived as an esoteric and narrow field beset by hypertechnical formalities, the discipline and its practitioners were largely isolated from scholarly and case law developments in other areas. There were exceptions, of course. Well before the explosion of intellectual property litigation in the last twenty years, persons such as Zechariah Chafee, Jr. and Judge Learned Hand brought a wealth of learning and broad perspective to copyright. But by and large copyright looked only to itself for guidance.
The Law And Economics Of Organ Procurement, Keith N. Hylton
The Law And Economics Of Organ Procurement, Keith N. Hylton
Faculty Scholarship
This paper presents an economic analysis of the organ procurement system in the U.S. and examines proposals to alleviate the shortage of transplantable organs. The paper's principal conclusions are: (1) Although non-market solutions deserve the highest priority, demand increases fueled by improvements in transplant technology will probably make some market-based solution necessary in the future. (2) Quality deterioration and coercion will not necessarily be worrisome problems under a market-based procurement system.
Territorial Governments And The Limits Of Formalism, Gary S. Lawson
Territorial Governments And The Limits Of Formalism, Gary S. Lawson
Faculty Scholarship
For much of this nation's history, the governance of American territories, such as the island of Guam, was one of the most significant and oft-litigated problems of American constitutional law. In modern times, however, issues of territorial governance have been reduced to the status of constitutional arcana. Professor Lawson maintains that this frequently neglected problem of territorial governance is an ideal context in which to conduct the resurgent modern debate concerning separation of powers theory. Accordingly, Professor Lawson undertakes a formalist analysis of the principal institutions of American territorial governance, finding all of them incompatible with a formalist understanding of …
State Choice Of Law In Mass Tort Cases: A Response To 'A View From The Legislature, Aaron Twerski, R. A. Sedler
State Choice Of Law In Mass Tort Cases: A Response To 'A View From The Legislature, Aaron Twerski, R. A. Sedler
Faculty Scholarship
No abstract provided.
Conflict Of Laws (1990), Sharon N. Freytag, James P. George, Michelle E. Mccoy
Conflict Of Laws (1990), Sharon N. Freytag, James P. George, Michelle E. Mccoy
Faculty Scholarship
Conflicts of laws occur when foreign elements appear in a lawsuit. Nonresident litigants, incidents in sister states or foreign countries, and lawsuits from other jurisdictions represent foreign elements that may create problems of judicial jurisdiction, choice of law, or recognition of foreign judgments, respectively. This Article reviews Texas conflicts of law during the Survey period from late 1988 through 1989, discussing cases from Texas state and federal courts. The Article excludes cases involving federal-state conflicts, criminal law, intrastate matters such as subject matter jurisdiction and venue, and conflicts in time, such as the applicability of prior or subsequent law within …
Doctrinal Collapse In Products Liability: The Empty Shell Of Failure To Warn, Aaron Twerski, J. A. Henderson
Doctrinal Collapse In Products Liability: The Empty Shell Of Failure To Warn, Aaron Twerski, J. A. Henderson
Faculty Scholarship
No abstract provided.
Real Property Survey, Ronald B. Brown
Foundations Of Rights Jurisprudence In Israel: Chief Justice Agranat's Legacy, Pnina Lahav
Foundations Of Rights Jurisprudence In Israel: Chief Justice Agranat's Legacy, Pnina Lahav
Faculty Scholarship
"Liberty of the individual is a things of the past, or the future, in Palestine", wrote Bernard Joseph, a distinguished member of Israel's "government in the making" in 1948, shortly before Israel was inaugurated as a sovereign state. Joseph's "present" was the dusk of British rule in Palestine. Draconian Defence (Emergency) Regulations suspended conventional liberties ordinary westerners were accustomed to expect and turned Palestine into a police state.
The Asymmetrical Conditions Of Legal Responsibility In The Marketplace, Bailey Kuklin
The Asymmetrical Conditions Of Legal Responsibility In The Marketplace, Bailey Kuklin
Faculty Scholarship
No abstract provided.
Sec Regulation Of Multijurisdictional Offerings, Roberta S. Karmel
Sec Regulation Of Multijurisdictional Offerings, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
The Duty Of Directors To Non-Shareholder Constituencies In Control Transactions-A Comparison Of U.S. And U.K. Law, Roberta S. Karmel
The Duty Of Directors To Non-Shareholder Constituencies In Control Transactions-A Comparison Of U.S. And U.K. Law, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Persecution Based On Membership In A Particular Social Group: Jurisprudence In The Federal Republic Of Germany, Maryellen Fullerton
Persecution Based On Membership In A Particular Social Group: Jurisprudence In The Federal Republic Of Germany, Maryellen Fullerton
Faculty Scholarship
No abstract provided.
Frontispiece On Good Faith: A Functional Approach Within The Ucc, Christina L. Kunz
Frontispiece On Good Faith: A Functional Approach Within The Ucc, Christina L. Kunz
Faculty Scholarship
This article examines areas of the law with thin jurisprudences on good faith, and how the Uniform Commercial Code’s (UCC’s) express statutory rules have become an active laboratory of experiments on good faith. Part I discusses the general obligation of good faith under the UCC. Part II lays out and discusses how the specific UCC provisions on good faith serve one or more of the following functions: restrict the exercise of one-sided power in a contract, in order to avoid unfair or unexpected results; restrict the range of possible responses to defective performance or to an unexpected event, in order …
State Control Of Great Lakes Water Diversion, J. David Prince
State Control Of Great Lakes Water Diversion, J. David Prince
Faculty Scholarship
This article focuses on the law relevant to the issue of interbasin diversion of Great Lakes water, the policies reflected in that law, and the limitations of the law on such diversions and on the ability of the Great Lakes states to control proposed diversions. It concludes with an argument for regional as opposed to national or state-by-state decision making on the issue of diversions and a suggested mechanism for facilitating such regional decision making.
Copyright Law And The Myth Of Objectivity: The Idea-Expression Dichotomy And The Inevitability Of Artistic Value Judgments, Amy B. Cohen
Copyright Law And The Myth Of Objectivity: The Idea-Expression Dichotomy And The Inevitability Of Artistic Value Judgments, Amy B. Cohen
Faculty Scholarship
ThIs Article focuses on the problem of how artistic values affect determinatlons of copyright management. It discusses how the copyright statutes embody a congressional desire to have determinations of eligibility for copyright made without regard for the artistic value of the work at issue. This Article also explores the dangers that Justice Holmes and those who have followed hIs lead saw in using assessments of artIstic value to make copyright decIsIons. It also discusses how assessments of artistic value influence copyright infrIngement determInations, specifically through the application of the idea-expression dichotomy, a principle used to determine whether the copyright in …
The Fair Housing Amendments Act Of 1988: New Strategies For New Procedures, Minna J. Kotkin
The Fair Housing Amendments Act Of 1988: New Strategies For New Procedures, Minna J. Kotkin
Faculty Scholarship
No abstract provided.
Clinics And "Contextual Integration": Helping Law Students Put The Pieces Back Together Again, Eric S. Janus
Clinics And "Contextual Integration": Helping Law Students Put The Pieces Back Together Again, Eric S. Janus
Faculty Scholarship
In legal education, as in all education aimed at practice, the relationship between theory and practice is an uneasy one. William Mitchell College of Law, one of the nation’s few free-standing law schools, has traditionally placed itself squarely on the practice side of the theory/practice axis. It has aimed to produce law graduates who could walk into a law office and begin practicing law—not lawyers who would spend additional years learning the profession at someone’s elbow. In recent years, William Mitchell has begun to embrace a more academic approach to legal education. This paper suggests that the College need not, …
Intercollegiate Athletics And The Assignment Of Legal Rights, Alfred Dennis Mathewson
Intercollegiate Athletics And The Assignment Of Legal Rights, Alfred Dennis Mathewson
Faculty Scholarship
This Article arose out of my curiosity about the precise assignment of legal rights6 among colleges and students in the production, sale, and delivery of intercollegiate athletics. What rights might student athletes possess that give rise to legal accountability? Although a system that permits universities, coaches, concessionaires, television networks, and advertisers to reap the wealth sown by student athletes while precluding the latter from contemporaneous enjoyment of pecuniary profit seems patently unfair, my review of the cases uncovered a legal order that does not assign legal rights to student athletes consistent with my view.