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Articles 31 - 60 of 63

Full-Text Articles in Law

The Faces Of Loyalty: A Comment On Hillman, “Loyalty In The Firm: A Statement Of General Principles On The Duties Of Partners Withdrawing From Law Firms”, Deborah A. Demott Jan 1998

The Faces Of Loyalty: A Comment On Hillman, “Loyalty In The Firm: A Statement Of General Principles On The Duties Of Partners Withdrawing From Law Firms”, Deborah A. Demott

Faculty Scholarship

No abstract provided.


1367 And All That: Recodifying The Federal Supplemental Jurisdiction, Thomas D. Rowe Jr. Jan 1998

1367 And All That: Recodifying The Federal Supplemental Jurisdiction, Thomas D. Rowe Jr.

Faculty Scholarship

No abstract provided.


Rooker-Feldman: Worth Only The Power To Blow It Up?, Thomas D. Rowe Jr. Jan 1998

Rooker-Feldman: Worth Only The Power To Blow It Up?, Thomas D. Rowe Jr.

Faculty Scholarship

No abstract provided.


To The Bone: Race And White Privilege, Jerome M. Culp Jan 1998

To The Bone: Race And White Privilege, Jerome M. Culp

Faculty Scholarship

No abstract provided.


The Lawfulness Of Romer V. Evans, H. Jefferson Powell Jan 1998

The Lawfulness Of Romer V. Evans, H. Jefferson Powell

Faculty Scholarship

No abstract provided.


Balancing The Rights Of Privacy And The Press: A Reply To Professor Smolla, Erwin Chemerinsky Jan 1998

Balancing The Rights Of Privacy And The Press: A Reply To Professor Smolla, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Facilitating Accountability: International Guidelines Against Impunity, Madeline Morris Jan 1998

Facilitating Accountability: International Guidelines Against Impunity, Madeline Morris

Faculty Scholarship

No abstract provided.


Transcript Of The “Alumni” Panel On Discovery Reform, Paul D. Carrington Jan 1998

Transcript Of The “Alumni” Panel On Discovery Reform, Paul D. Carrington

Faculty Scholarship

No abstract provided.


Redefining A Profession, Richard A. Danner Jan 1998

Redefining A Profession, Richard A. Danner

Faculty Scholarship

No abstract provided.


Concretizing Human Rights, Laurence R. Helfer Jan 1998

Concretizing Human Rights, Laurence R. Helfer

Faculty Scholarship

reviewing Francisco Forest Martin et al., International Human Rights Law and Practice: Cases, Treaties and Materials (1997)


Don’T Ask, Just Tell: Insider Trading After United States V. O’Hagan, Kimberly D. Krawiec, Richard W. Painter, Cynthia A. Williams Jan 1998

Don’T Ask, Just Tell: Insider Trading After United States V. O’Hagan, Kimberly D. Krawiec, Richard W. Painter, Cynthia A. Williams

Faculty Scholarship

The United States Supreme Court validated the misappropriation theory in United States v. O'Hagan, but unfortunately rendered a confusing opinion that left many questions unresolved. In this article we discuss the history of the Supreme Court's Section 10(b) jurisprudence as it relates to insider trading, giving particular attention to the Court's insistence prior to O'Hagan that "a material misrepresentation or material failure to disclose," not merely a breach of fiduciary duty, must exist to impose liability under Section 10(b). We then discuss the pervasive inconsistencies among lower courts in interpreting the misappropriation theory, and how the O'Hagan decision does little …


Privately Legislated Intellectual Property Rights: Reconciling Freedom Of Contract With Public Good Uses Of Information, Jerome H. Reichman Jan 1998

Privately Legislated Intellectual Property Rights: Reconciling Freedom Of Contract With Public Good Uses Of Information, Jerome H. Reichman

Faculty Scholarship

No abstract provided.


The Lawyer As Agent, Deborah A. Demott Jan 1998

The Lawyer As Agent, Deborah A. Demott

Faculty Scholarship

No abstract provided.


The ‘Charming Betsy’ Canon And Separation Of Powers: Rethinking The Interpretive Role Of International Law, Curtis A. Bradley Jan 1998

The ‘Charming Betsy’ Canon And Separation Of Powers: Rethinking The Interpretive Role Of International Law, Curtis A. Bradley

Faculty Scholarship

No abstract provided.


A Revised Prospectus For A Third Restatement Of Agency, Deborah A. Demott Jan 1998

A Revised Prospectus For A Third Restatement Of Agency, Deborah A. Demott

Faculty Scholarship

No abstract provided.


The Concept Of Compliance As A Function Of Competing Conceptions Of International Law, Benedict Kingsbury Jan 1998

The Concept Of Compliance As A Function Of Competing Conceptions Of International Law, Benedict Kingsbury

Faculty Scholarship

No abstract provided.


Saving The Family From The Reformers, Katharine T. Bartlett Jan 1998

Saving The Family From The Reformers, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.


Federal Courts And The Incorporation Of International Law, Curtis A. Bradley, Jack L. Goldsmith Jan 1998

Federal Courts And The Incorporation Of International Law, Curtis A. Bradley, Jack L. Goldsmith

Faculty Scholarship

Many scholars believe that customary international law (CIL) has the status of self-executing federal common law, to be applied by courts in the United States without any need for it to be enacted or implemented by Congress. In an article last year, we argued that this view lacks historical support and is in substantial tension with political branch enactments as well as broader constitutional principles of separation of powers, federalism, and representative democracy. We concluded that CIL should not be treated as federal law in the absence of authorization from the federal political branches. In the May 1998 issue of …


Incommensurability And Cost-Benefit Analysis, Matthew D. Adler Jan 1998

Incommensurability And Cost-Benefit Analysis, Matthew D. Adler

Faculty Scholarship

No abstract provided.


The Gentleman’S Agreement In Legal Theory And In Modern Practice: United States, Herbert Bernstein, Joachim Zekoll Jan 1998

The Gentleman’S Agreement In Legal Theory And In Modern Practice: United States, Herbert Bernstein, Joachim Zekoll

Faculty Scholarship

No abstract provided.


Preliminary Observations: Asymmetrical Warfare And The Western Mindset, Charles J. Dunlap Jr. Jan 1998

Preliminary Observations: Asymmetrical Warfare And The Western Mindset, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


The Law Of Cyberwar: A Case Study From The Future, Charles J. Dunlap Jr. Jan 1998

The Law Of Cyberwar: A Case Study From The Future, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


The Durability Of Law School Reputation, Richard L. Schmalbeck Jan 1998

The Durability Of Law School Reputation, Richard L. Schmalbeck

Faculty Scholarship

No abstract provided.


Race And The Federal Income Tax: Has A Disparate Impact Case Been Made?, Richard L. Schmalbeck Jan 1998

Race And The Federal Income Tax: Has A Disparate Impact Case Been Made?, Richard L. Schmalbeck

Faculty Scholarship

No abstract provided.


Agentic And Conscientic Decisions In Law: Death And Other Cases, Laura S. Underkuffler Jan 1998

Agentic And Conscientic Decisions In Law: Death And Other Cases, Laura S. Underkuffler

Faculty Scholarship

No abstract provided.


Managed Care-Work In Progress Or Stalled Experiment?, Clark C. Havighurst Jan 1998

Managed Care-Work In Progress Or Stalled Experiment?, Clark C. Havighurst

Faculty Scholarship

No abstract provided.


The President’S Authority Over Foreign Affairs: An Executive Branch Perspective, H. Jefferson Powell Jan 1998

The President’S Authority Over Foreign Affairs: An Executive Branch Perspective, H. Jefferson Powell

Faculty Scholarship

No abstract provided.


The New Etiquette Of Federalism: New York, Printz And Yeskey, Matthew D. Adler, Seth F. Kreimer Jan 1998

The New Etiquette Of Federalism: New York, Printz And Yeskey, Matthew D. Adler, Seth F. Kreimer

Faculty Scholarship

In New York v. United States, 505 U.S. 144 (1992), the Court revived "state sovereignty" as a justiciable constitutional constraint on federal mandates, and struck down portions of the Low-Level Radioactive Waste Policy Amendments Act on the grounds that the statute impermissibly "commandeered" state governments. Printz v. United States, 117 S.Ct. 2365 (1997), confirmed the anti-commandeering principle and relied upon it to invalidate elements of another federal statute, the Brady Act. This Article analyzes and criticizes the anti-commandeering jurisprudence, as it has emerged in New York, Printz, and a case decided by the Court last Term, Pennsylvania Department of Corrections …


Silence Is Not Golden: Protecting Lawyer Speech Under The First Amendment, Erwin Chemerinsky Jan 1998

Silence Is Not Golden: Protecting Lawyer Speech Under The First Amendment, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Efficiency-Wages, Tournaments, And Descrimination: A Theory Of Employment Descrimination Law For ‘High-Level’ Jobs, Mitu Gulati, David Charny Jan 1998

Efficiency-Wages, Tournaments, And Descrimination: A Theory Of Employment Descrimination Law For ‘High-Level’ Jobs, Mitu Gulati, David Charny

Faculty Scholarship

No abstract provided.