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Articles 1 - 30 of 31
Full-Text Articles in Law
Reflections Upon Federal And State Control Of Administrative Policy Making, Paul R. Verkuil
Reflections Upon Federal And State Control Of Administrative Policy Making, Paul R. Verkuil
Faculty Publications
No abstract provided.
Allocating Consumptive Water Rights In A Riparian Jurisdiction: Defining The Relationship Between Public And Private Interests, Lynda L. Butler
Allocating Consumptive Water Rights In A Riparian Jurisdiction: Defining The Relationship Between Public And Private Interests, Lynda L. Butler
Faculty Publications
Historically, water consumption in the eastern United States has been governed by the common-law riparian doctrine. Fashioned to protect the domestic uses of private individuals in a largely agrarian society, the doctrine is not well suited to today's environment in which the demands of public users have grown enormously. Even in the East, where water has long been abundant, the effects of increased consumption, pollution, and periodic drought have brought the continued viability of the doctrine into question. Professor Butler examines the legal standards which have developed under the riparian doctrine and identifies three principal areas in which the doctrine …
A Constitutional Right To Home Instruction?, Neal Devins
A Constitutional Right To Home Instruction?, Neal Devins
Faculty Publications
No abstract provided.
The Economic And Cultural Impact Of The Origins Of Property: 1180-1220, Robert C. Palmer
The Economic And Cultural Impact Of The Origins Of Property: 1180-1220, Robert C. Palmer
Faculty Publications
No abstract provided.
The Trouble With Jaycees, Neal Devins
Legal Positivism And Federalism: The Certification Experience, Paul A. Lebel
Legal Positivism And Federalism: The Certification Experience, Paul A. Lebel
Faculty Publications
No abstract provided.
A Message From The New Dean, Timothy J. Sullivan
A Message From The New Dean, Timothy J. Sullivan
Faculty Publications
No abstract provided.
Book Review Of The Second American Revolution, Neal Devins
Book Review Of The Second American Revolution, Neal Devins
Faculty Publications
No abstract provided.
The Origins Of Property In England, Robert C. Palmer
The Origins Of Property In England, Robert C. Palmer
Faculty Publications
No abstract provided.
The Article 2 Merchant Rules: Karl Llewellyn's Attempt To Achieve The Good, The True, The Beautiful In Commercial Law, Ingrid Michelsen Hillinger
The Article 2 Merchant Rules: Karl Llewellyn's Attempt To Achieve The Good, The True, The Beautiful In Commercial Law, Ingrid Michelsen Hillinger
Faculty Publications
No abstract provided.
The Second Death Of Federalism, William W. Van Alstyne
The Second Death Of Federalism, William W. Van Alstyne
Faculty Publications
In 1976, in National League of Cities v. Usery, the Supreme Court distinguished acts of Congress regulating commercial relations from acts of Congress commanding the terms of state services. Last Term, in Garcia v. San Antonio Metropolitan Transit Authority, the Court abandoned the distinction and held that it was principally for Congress to determine federalism questions. In this Comment, Professor Van Alstyne criticizes the Court on both counts.
Book Review Of Solutions To Ethical And Legal Problems In Social Research, Larry I. Palmer
Book Review Of Solutions To Ethical And Legal Problems In Social Research, Larry I. Palmer
Faculty Publications
No abstract provided.
Criminal Procedure And The Conflict Of Laws, John Bernard Corr
Criminal Procedure And The Conflict Of Laws, John Bernard Corr
Faculty Publications
No abstract provided.
Religious Symbols And The Establishment Clause, Neal Devins
Religious Symbols And The Establishment Clause, Neal Devins
Faculty Publications
No abstract provided.
In Re Parochiaid: Church-State Wall Of Separation Scrutinized-Again, Neal Devins
In Re Parochiaid: Church-State Wall Of Separation Scrutinized-Again, Neal Devins
Faculty Publications
No abstract provided.
Farmland Preservation, Linda A. Malone
Residency Requirements For Attorneys: Home Is Where The License Is?, Neal Devins
Residency Requirements For Attorneys: Home Is Where The License Is?, Neal Devins
Faculty Publications
No abstract provided.
Christmas Without Creches?: Can Private Nativity Scenes Be Banned From Public Land?, Neal Devins
Christmas Without Creches?: Can Private Nativity Scenes Be Banned From Public Land?, Neal Devins
Faculty Publications
No abstract provided.
Accommodating Employees' Sabbaths: Is It The Government's Job?, Neal Devins
Accommodating Employees' Sabbaths: Is It The Government's Job?, Neal Devins
Faculty Publications
No abstract provided.
Modern Choice Of Law And Public Policy: The Emperor Has The Same Old Clothes, John Bernard Corr
Modern Choice Of Law And Public Policy: The Emperor Has The Same Old Clothes, John Bernard Corr
Faculty Publications
The author critically evaluates the adoption of the modern learning model in choice of law analysis. After evaluating the judiciary's use of this model in seven jurisdictions, the author concludes that the traditional learning is better suited to resolving choice of law issues.
To Bargain Or Not To Bargain: A New Chapter In Work Relocation Decisions, B. Glenn George
To Bargain Or Not To Bargain: A New Chapter In Work Relocation Decisions, B. Glenn George
Faculty Publications
No abstract provided.
Children Of Distant Fathers: Sketching An Ethos Of Constitutional Liberty, Gene R. Nichol
Children Of Distant Fathers: Sketching An Ethos Of Constitutional Liberty, Gene R. Nichol
Faculty Publications
In this article, Professor Gene R. Nichol argues for a constitutional right to self-governance that legitimizes the court's inquiry into the nature of fundamental personal rights. He locates this right in the ninth amendment, which affords protection to unlisted liberties. The clearest statement of the American commitment to selfgovernance, he argues, is found in Thomas Jefferson's Declaration of Independence, and in the philosophy of Jeffersonian individualism. Drawing on the writing of Jefferson and Lincoln, Professor Nichol asserts that our society has committed itself to "the progressive unfolding of individual sovereignty." Critics of the United States Supreme Court's decisions that give …
Blame This Messenger: Summers On Fuller, Paul A. Lebel
Blame This Messenger: Summers On Fuller, Paul A. Lebel
Faculty Publications
No abstract provided.
The Infliction Of Harm Through The Publication Of Fiction: Fashioning A Theory Of Liability, Paul A. Lebel
The Infliction Of Harm Through The Publication Of Fiction: Fashioning A Theory Of Liability, Paul A. Lebel
Faculty Publications
No abstract provided.
A Revue Of Books, Paul A. Lebel
A Revue Of Books, Paul A. Lebel
Faculty Publications
As a public service, I've looked at some of the less noticed but no less significant recent publications in law. The capsule reviews that follow admittedly do not do full justice to the impressive scholarship and acute analysis displayed in these books. These reviews necessarily can be little more than an encouragement to encounter for yourself the hours of pleasure afforded by intense scrutiny of these offerings.
A Critical Analysis Of The New Uniform Fraudulent Transfer Act, Peter A. Alces, Luther M. Dorr
A Critical Analysis Of The New Uniform Fraudulent Transfer Act, Peter A. Alces, Luther M. Dorr
Faculty Publications
No abstract provided.
The Supreme Court And The Privilege Against Self-Incrimination: Has The Burger Court Retreated?, Paul Marcus
The Supreme Court And The Privilege Against Self-Incrimination: Has The Burger Court Retreated?, Paul Marcus
Faculty Publications
No abstract provided.
The Kahan Report, Ariel Sharon And The Sabra-Shatilla Massacres In Lebanon: Responsibility Under International Law For Massacres Of Civilian Populations, Linda A. Malone
The Kahan Report, Ariel Sharon And The Sabra-Shatilla Massacres In Lebanon: Responsibility Under International Law For Massacres Of Civilian Populations, Linda A. Malone
Faculty Publications
No abstract provided.
The Future Of Transferable Development Rights In The Supreme Court, Linda A. Malone
The Future Of Transferable Development Rights In The Supreme Court, Linda A. Malone
Faculty Publications
No abstract provided.
"Of Law And The River," And Of Nihilism And Academic Freedom, Peter W. Martin, Robert W. Gordon, Paul D. Carrington, Paul Brest, Phillip E. Johnson, William W. Van Alstyne, Guido Calabresi, Owen M. Fiss
"Of Law And The River," And Of Nihilism And Academic Freedom, Peter W. Martin, Robert W. Gordon, Paul D. Carrington, Paul Brest, Phillip E. Johnson, William W. Van Alstyne, Guido Calabresi, Owen M. Fiss
Faculty Publications
No abstract provided.