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Full-Text Articles in Law
An Analysis Of Jurisdictional Issues Presented When State-Employed Seamen Are Injured And Seek Redress, John Richard Fitzgerald
An Analysis Of Jurisdictional Issues Presented When State-Employed Seamen Are Injured And Seek Redress, John Richard Fitzgerald
Alaska Law Review
No abstract provided.
“If Angels Were To Govern”: The Need For Pragmatic Formalism In Separation Of Powers Theory, Martin H. Redish, Elizabeth J. Cisar
“If Angels Were To Govern”: The Need For Pragmatic Formalism In Separation Of Powers Theory, Martin H. Redish, Elizabeth J. Cisar
Duke Law Journal
No abstract provided.
The First Duty Of Government: Protection, Liberty And The Fourteenth Amendment, Steven J. Heyman
The First Duty Of Government: Protection, Liberty And The Fourteenth Amendment, Steven J. Heyman
Duke Law Journal
No abstract provided.
Evaluating And Admitting Expert Opinion Testimony In Child Sexual Abuse Prosecutions, Diana Younts
Evaluating And Admitting Expert Opinion Testimony In Child Sexual Abuse Prosecutions, Diana Younts
Duke Law Journal
No abstract provided.
Clients, Lawyers And The Fifth Amendment: The Need For A Projected Privilege, Kevin R. Reitz
Clients, Lawyers And The Fifth Amendment: The Need For A Projected Privilege, Kevin R. Reitz
Duke Law Journal
No abstract provided.
Adventures In Babysitting: Gestational Surrogate Mother Tort Liability, Karen A. Bussel
Adventures In Babysitting: Gestational Surrogate Mother Tort Liability, Karen A. Bussel
Duke Law Journal
No abstract provided.
State Legislative Attempts To Mandate Continuation Of Collective Bargaining Agreements During Business Change: The Unfulfilled Expectations And The Pre-Empted Results , Marcus Paul Efthimiou
State Legislative Attempts To Mandate Continuation Of Collective Bargaining Agreements During Business Change: The Unfulfilled Expectations And The Pre-Empted Results , Marcus Paul Efthimiou
Cornell Law Review
No abstract provided.
In Praise Of Public Access: Why The Government Should Disclose The Identities Of Alleged Crime Victims, Sarah Henderson Hutt
In Praise Of Public Access: Why The Government Should Disclose The Identities Of Alleged Crime Victims, Sarah Henderson Hutt
Duke Law Journal
No abstract provided.
Checks And Balance: Limitations On The Power Of Congressional Oversight, Steven Shimberg
Checks And Balance: Limitations On The Power Of Congressional Oversight, Steven Shimberg
Law and Contemporary Problems
An examination by Lazarus (1991) of the adversarial effects of congressional oversight on the EPA is erroneous in its premise that congressional oversight is a powerful tool that can make or break the EPA and unduly influence the implementation of federal environmental policy. A review of the seven "disadvantages" of congressional oversight of the EPA cited by Lazarus is presented.
Checks Without Balance: Executive Office Oversight Of The Environmental Protection Agency, Robert V. Percival
Checks Without Balance: Executive Office Oversight Of The Environmental Protection Agency, Robert V. Percival
Law and Contemporary Problems
The tension between the rule of law and the politics of regulation reflected in oversight by the Executive Office of the President of the EPA. The presidential use of regulatory review and the congressional responses it has provoked pose new challenges to theories of the impact of separation of powers on federal policymaking.
The Internal Structure Of Epa Rulemaking, Thomas O. Mcgarity
The Internal Structure Of Epa Rulemaking, Thomas O. Mcgarity
Law and Contemporary Problems
The EPA's evolving internal decisionmaking structures as they relate to the agency's primary function of promulgating rules and regulations are examined. As an agency addressing complex scientific, economic and technological issues, the EPA must draw upon many different kinds of expertise and has developed a unique version of "bureaucratic pluralism" as manifested in the "team" model that dominates the EPA's institutional thought process.
An Fdic Priority Of Claims Over Depository Institution Shareholders, Samantha Evans
An Fdic Priority Of Claims Over Depository Institution Shareholders, Samantha Evans
Duke Law Journal
No abstract provided.
The Use And Abuse Of Humanistic Theory In Law: Reexamining The Assumptions Of Interdisciplinary Legal Scholarship, Charles W. Collier
The Use And Abuse Of Humanistic Theory In Law: Reexamining The Assumptions Of Interdisciplinary Legal Scholarship, Charles W. Collier
Duke Law Journal
No abstract provided.
Epa And The Courts: Twenty Years Of Law And Politics, Robert Glicksman, Christopher H. Schroeder
Epa And The Courts: Twenty Years Of Law And Politics, Robert Glicksman, Christopher H. Schroeder
Law and Contemporary Problems
The relationship between the EPA and the federal courts during the first 20 years of the EPA is examined, with concentration on the Court of Appeals for the District of Columbia Circuit, which hears the majority of challenges to major EPA decisions.
The Nlrb’S First Rulemaking: An Exercise In Pragmatism, Mark H. Grunewald
The Nlrb’S First Rulemaking: An Exercise In Pragmatism, Mark H. Grunewald
Duke Law Journal
No abstract provided.
The Inverse Coase Theorem And Declarations Of War, J. Gregory Sidak
The Inverse Coase Theorem And Declarations Of War, J. Gregory Sidak
Duke Law Journal
No abstract provided.
Liberalism, Community, And State Borders, Lea Brilmayer
Liberalism, Community, And State Borders, Lea Brilmayer
Duke Law Journal
No abstract provided.
The Coase Theorem And The War Power: A Response, Harold Hongju Koh
The Coase Theorem And The War Power: A Response, Harold Hongju Koh
Duke Law Journal
No abstract provided.
To Declare War, J. Gregory Sidak
A Judge’S View Of Congressional Action Affecting The Courts, Avern Cohn
A Judge’S View Of Congressional Action Affecting The Courts, Avern Cohn
Law and Contemporary Problems
A comment on Larry Kramer's article suggesting an addition to the mechanisms of congressional review of proposed legislation that has an impact on the work of federal courts is presented. The Office of Technology Assessment's present job for Congress in this respect is evaluated.
Mass Justice: The Limited And Unlimited Power Of Courts, Mark A. Peterson, Molly Selvin
Mass Justice: The Limited And Unlimited Power Of Courts, Mark A. Peterson, Molly Selvin
Law and Contemporary Problems
The role of courts in mass tort litigation is examined. The courts' interests in such cases, the power that courts have to aggregate claims, limits on that power and the flexibility that courts have to get around limits are discussed. Ways that courts' interests in resolving mass tort litigation interfere with judicial promulgation and consistent application of legal rules are also discussed.
International Fugitive Snatching In U.S. Law: Two Views From Opposite Ends Of The Eighties, Theodore C. Jonas
International Fugitive Snatching In U.S. Law: Two Views From Opposite Ends Of The Eighties, Theodore C. Jonas
Cornell International Law Journal
No abstract provided.
Comments From A Soviet Perspective, Vladimir Kartashkin
Comments From A Soviet Perspective, Vladimir Kartashkin
Cornell International Law Journal
No abstract provided.
The Relevance Of Nuclear Proliferation To Future European Security, Lawrence Scheinman
The Relevance Of Nuclear Proliferation To Future European Security, Lawrence Scheinman
Cornell International Law Journal
No abstract provided.
“The One-Eyed Are Kings”: Improving Congress’S Ability To Regulate The Use Of Judicial Resources, Larry Kramer
“The One-Eyed Are Kings”: Improving Congress’S Ability To Regulate The Use Of Judicial Resources, Larry Kramer
Law and Contemporary Problems
Improving the ability of Congress to regulate the use of judicial resources is discussed. Reducing caseload growth in the federal courts, assuring that judicial resources are utilized effectively and a proposed agency that would structure jurisdiction under particular legislation are discussed.
Comment On Peterson And Selvin, Lea Brilmayer
Comment On Peterson And Selvin, Lea Brilmayer
Law and Contemporary Problems
A comment on an article by Peterson and Selvin dealing with the role of courts as participants in the resolution of mass tort cases is presented.
From “Cases” To “Litigation”, Judith Resnik
From “Cases” To “Litigation”, Judith Resnik
Law and Contemporary Problems
Changes in attitude and practice about the propriety of resolving cases in groups as part of one litigation are documented. The aggregation of civil cases is discussed.
Aggregating Litigation, Ralph K. Winter
Aggregating Litigation, Ralph K. Winter
Law and Contemporary Problems
A comment on Judith Resnik's article on the aggregation of civil cases is presented. The goals of aggregating litigation and the very circumstances in which aggregation works best in achieving those goals are discussed. The aggregation of personal injury cases is also discussed.
Medical Experts And The Ghost Of Galileo, Peter Huber
Medical Experts And The Ghost Of Galileo, Peter Huber
Law and Contemporary Problems
The law and science of traumatic cancer and cerebral palsy are discussed in the context of rules of evidence that are concerned with the testimony of medical experts in court. An evidentiary fallacy is demonstrated using the scientific expertise of the scientist Galileo as an example.
A Re-Evaluation Of Alaska’S Plea Bargaining Ban, Teresa White Carns, John Kruse
A Re-Evaluation Of Alaska’S Plea Bargaining Ban, Teresa White Carns, John Kruse
Alaska Law Review
No abstract provided.