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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
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.
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.
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
To The Bone: Race And White Privilege, Jerome M. Culp
Faculty Scholarship
No abstract provided.
The Lawfulness Of Romer V. Evans, H. Jefferson Powell
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
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
Facilitating Accountability: International Guidelines Against Impunity, Madeline Morris
Faculty Scholarship
No abstract provided.
Transcript Of The “Alumni” Panel On Discovery Reform, Paul D. Carrington
Transcript Of The “Alumni” Panel On Discovery Reform, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Redefining A Profession, Richard A. Danner
Concretizing Human Rights, Laurence R. Helfer
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
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
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
The ‘Charming Betsy’ Canon And Separation Of Powers: Rethinking The Interpretive Role Of International Law, Curtis A. Bradley
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
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
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
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
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
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
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.
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.
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
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
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
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
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
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
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
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
Efficiency-Wages, Tournaments, And Descrimination: A Theory Of Employment Descrimination Law For ‘High-Level’ Jobs, Mitu Gulati, David Charny
Faculty Scholarship
No abstract provided.