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Full-Text Articles in Law

Tortious Interference And The Law Of Contract: The Case For Specific Performance Revisited, Deepa Varadarajan Jun 2015

Tortious Interference And The Law Of Contract: The Case For Specific Performance Revisited, Deepa Varadarajan

Deepa Varadarajan

What is the role of contract law in remedying breach? The question of the appropriate legal remedy, specific performance versus money damages, has provided adequate fodder for three decades of debate in the law and economics discourse. In the legal discipline at large, the topic has spurred centuries of debate, as illustrated by Oliver Wendell Holmes's famous line: “The only universal consequence of a legally binding promise is, that the law makes the promisor pay damages if the promised event does not come to pass.” Holmes's approach to contractual remedy would evolve during the latter half of the twentieth century …


A Trade Secret Approach To Protecting Traditional Knowledge, Deepa Varadarajan Jun 2015

A Trade Secret Approach To Protecting Traditional Knowledge, Deepa Varadarajan

Deepa Varadarajan

This Article argues that the doctrinal and normative divide between traditional knowledge protection and intellectual property law has been overemphasized, and that trade secret law can help narrow it. First, in terms of doctrinal fit, trade secret doctrine offers a viable model for protecting a subset of traditional knowledge that is not already publicly available. Broadly speaking, trade secret law imposes liability for the wrongful acquisition, use, or disclosure of valuable information that is the subject of reasonable secrecy efforts. Second, in addition to its practical import, the underlying justifications of trade secret law offer a useful normative guide for …


Public Actors In Private Markets: Toward A Developmental Finance State, Robert Hockett, Saule Omarova Jun 2015

Public Actors In Private Markets: Toward A Developmental Finance State, Robert Hockett, Saule Omarova

Saule T. Omarova

The recent financial crisis brought into sharp relief fundamental questions about the social function and purpose of the financial system, including its relation to the “real” economy. This Article argues that, to answer these questions, we must recapture a distinctively American view of the proper relations among state, financial market, and development. This programmatic vision – captured in what we call a “developmental finance state” – is based on three key propositions: (1) that economic and social development is not an “end-state” but a continuing national policy priority; (2) that the modalities of finance are the most potent means of …


Businesses Are People Too? Anomalies In Widening The Ambits Of "Consumer" Under Consumer Credit Law, Francina Cantatore, Brenda Marshall Jun 2015

Businesses Are People Too? Anomalies In Widening The Ambits Of "Consumer" Under Consumer Credit Law, Francina Cantatore, Brenda Marshall

Brenda Marshall

This article examines the position of the small business as "consumer" under existing consumer protection legislation and the incongruities arising from this characterisation in the area of consumer credit regulation. While the inclusion of small businesses may be defensible under the Australian Consumer Law, it is contended that this is not the case in consumer credit regulation. It is arguable that such an inclusion impacts significantly on commercial dealings and could have a lasting effect on the availability of credit to small businesses. The effects of treating businesses as consumers in relation to consumer credit transactions are far-reaching, potentially affecting …


When Governments Speak: Toward A Theory Of Government Expression And The First Amendment, Mark G. Yudof Jun 2015

When Governments Speak: Toward A Theory Of Government Expression And The First Amendment, Mark G. Yudof

Mark G Yudof

No abstract provided.


Plato's Ideal And The Perversity Of Politics, Mark G. Yudof Jun 2015

Plato's Ideal And The Perversity Of Politics, Mark G. Yudof

Mark G Yudof

No abstract provided.


The Property Tax In Texas Under State And Federal Law, Mark G. Yudof Jun 2015

The Property Tax In Texas Under State And Federal Law, Mark G. Yudof

Mark G Yudof

No abstract provided.


Equal Protection, Class Legislation, And Sex Discrimination: One Small Cheer For Mr. Herbert Spencer's Social Statics, Mark G. Yudof Jun 2015

Equal Protection, Class Legislation, And Sex Discrimination: One Small Cheer For Mr. Herbert Spencer's Social Statics, Mark G. Yudof

Mark G Yudof

No abstract provided.


Student Discipline In Texas Schools, Mark G. Yudof Jun 2015

Student Discipline In Texas Schools, Mark G. Yudof

Mark G Yudof

No abstract provided.


Three Faces Of Academic Freedom, Mark G. Yudof Jun 2015

Three Faces Of Academic Freedom, Mark G. Yudof

Mark G Yudof

No abstract provided.


Legalization Of Dispute Resolution, Distrust Of Authority, And Organizational Theory: Implementing Due Process For Students In The Public Schools, Mark G. Yudof Jun 2015

Legalization Of Dispute Resolution, Distrust Of Authority, And Organizational Theory: Implementing Due Process For Students In The Public Schools, Mark G. Yudof

Mark G Yudof

No abstract provided.


Serrano In The Political Arena, David L. Kirp, Mark G. Yudof Jun 2015

Serrano In The Political Arena, David L. Kirp, Mark G. Yudof

Mark G Yudof

No abstract provided.


Personal Speech And Government Expression, Mark G. Yudof Jun 2015

Personal Speech And Government Expression, Mark G. Yudof

Mark G Yudof

No abstract provided.


Pennzoil V. Texaco, Mark G. Yudof, John L. Jeffers Jun 2015

Pennzoil V. Texaco, Mark G. Yudof, John L. Jeffers

Mark G Yudof

No abstract provided.


Implementation Theories And Desegregation Realities, Mark G. Yudof Jun 2015

Implementation Theories And Desegregation Realities, Mark G. Yudof

Mark G Yudof

No abstract provided.


Religious Liberty In The Balance, Mark G. Yudof Jun 2015

Religious Liberty In The Balance, Mark G. Yudof

Mark G Yudof

No abstract provided.


International Human Rights And School Desegregation In The United States, Mark G. Yudof Jun 2015

International Human Rights And School Desegregation In The United States, Mark G. Yudof

Mark G Yudof

No abstract provided.


Intramural Musings On Academic Freedom: A Reply To Professor Finkin, Mark G. Yudof Jun 2015

Intramural Musings On Academic Freedom: A Reply To Professor Finkin, Mark G. Yudof

Mark G Yudof

No abstract provided.


Equal Educational Opportunity And The Courts, Mark G. Yudof Jun 2015

Equal Educational Opportunity And The Courts, Mark G. Yudof

Mark G Yudof

No abstract provided.


Liability For Constitutional Torts And The Risk-Averse Public School Official, Mark G. Yudof Jun 2015

Liability For Constitutional Torts And The Risk-Averse Public School Official, Mark G. Yudof

Mark G Yudof

No abstract provided.


The Ad Volorem Property Tax And Productivity Values For Farm And Ranch Land: A Legal Policy In Search Of Justification, Mark G. Yudof Jun 2015

The Ad Volorem Property Tax And Productivity Values For Farm And Ranch Land: A Legal Policy In Search Of Justification, Mark G. Yudof

Mark G Yudof

No abstract provided.


Tea At The Palaz Of Hoon: The Human Voice In Legal Rules, Mark G. Yudof Jun 2015

Tea At The Palaz Of Hoon: The Human Voice In Legal Rules, Mark G. Yudof

Mark G Yudof

No abstract provided.


School Finance Reform In Texas: The Edgewood Saga, Mark G. Yudof Jun 2015

School Finance Reform In Texas: The Edgewood Saga, Mark G. Yudof

Mark G Yudof

No abstract provided.


Suspension And Expulsion Of Black Students From The Public Schools: Academic Capital Punishment And The Constitution, Mark G. Yudof Jun 2015

Suspension And Expulsion Of Black Students From The Public Schools: Academic Capital Punishment And The Constitution, Mark G. Yudof

Mark G Yudof

No abstract provided.


Introduction To Education Symposium, Mark G. Yudof Jun 2015

Introduction To Education Symposium, Mark G. Yudof

Mark G Yudof

No abstract provided.


School Finance Reform: Don't Worry, Be Happy, Mark G. Yudof Jun 2015

School Finance Reform: Don't Worry, Be Happy, Mark G. Yudof

Mark G Yudof

No abstract provided.


Effective Schools And Federal And State Constitutions: A Variety Of Opinions, Mark G. Yudof Jun 2015

Effective Schools And Federal And State Constitutions: A Variety Of Opinions, Mark G. Yudof

Mark G Yudof

No abstract provided.


Genealogy And The Law In Canada 2011, Margaret Ann Wilkinson May 2015

Genealogy And The Law In Canada 2011, Margaret Ann Wilkinson

Margaret Ann Wilkinson

No abstract provided.


Marshall's Plan: The Early Supreme Court And Statutory Interpretation, John Choon Yoo May 2015

Marshall's Plan: The Early Supreme Court And Statutory Interpretation, John Choon Yoo

John C Yoo

No abstract provided.


The Status Of Soldiers And Terrorists Under The Geneva Conventions, John C. Yoo May 2015

The Status Of Soldiers And Terrorists Under The Geneva Conventions, John C. Yoo

John C Yoo

Outlines the legal case for denying Geneva Convention protection to Taliban and al Qaeda detainees in the U.S. Difference between U.S. policy towards Iraq detainees and the policy towards Taliban and al Qaeda; Impact of the Geneva Convention on the U.S. goal of effective acquisition of intelligence from the interrogation of detainees; Incentives and disincentives of the enforcement of international law; Comparison of the legal rights of members of al Qaeda and the Taliban militias from professional soldiers; Customary laws governing war combatants and civilians.