Law Commons^™

The Good, The Bad, And The Press, Paul A. Lebel

Faculty Publications

No abstract provided.

Respect For Law & Man: The Tort Law Of Chief Justice Kenison, David G. Owen

Faculty Publications

No abstract provided.

Effective Regulatory Reform Hinges On Motivating The "Street Level" Bureaucrats, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

The Federal Common Law Of Crime, Robert C. Palmer

Faculty Publications

No abstract provided.

The Development Of Entrapment Law, Paul Marcus

Faculty Publications

No abstract provided.

Making Subchapter S Work, Glenn E. Coven

Faculty Publications

No abstract provided.

Criminal Law, Richard A. Williamson

Faculty Publications

No abstract provided.

On The Limits Of Court-Ordered Social Change: A Critical Look At Dimond's Beyond Busing, Neal Devins

Faculty Publications

No abstract provided.

Toward A Jurisprudence Of Bank-Customer Relations, Peter A. Alces

Faculty Publications

No abstract provided.

Start-Up Costs, Section 195 And Clear Reflection Of Income: A Tale Of Talismans, Tacked-On Tax Reform And A Touch Of Basics, John W. Lee

Faculty Publications

No abstract provided.

The Entrapment Defense And Procedural Issues: Burden Of Proof, Questions Of Law And Fact, Inconsistent Defenses, Paul Marcus

Faculty Publications

Paul Marcus has produced an extremely thorough article on the intriguing and complex defense of entrapment. After analyzing the subjective and objective approaches to the defense, the author turns to the infrequently addressed question of evidence on predisposition. Included here are the recent ABSCAM cases.

Finally, the author explores the vagaries of inconsistent defenses and, on the whole, provides academics and practitioners with a refreshing and useful guide to some of the most important questions involving entrapment.

California Death Penalty Laws And The California Supreme Court: A Ten Year Perspective, Gerald F. Uelmen

Faculty Publications

No abstract provided.

A Historical Essay On The Conservation Provisions Of The 1985 Farm Bill: Sodbustin, Swampbusting, And The Conservation Reserve, Linda A. Malone

Faculty Publications

No abstract provided.

Resolving The Frye Dilemma: A Reliability Approach, Fredric I. Lederer

Faculty Publications

No abstract provided.

Capital Gains Exception To The House's "General Utilities" Repeal: Further Indigestions From Overly Processed "Corn Products", John W. Lee

Faculty Publications

In this article, Lee first describes the mechanics and tax effects of cost basis corporate acquisitions and analyzes why current tax rules favor such acquisitions over carryover basis acquisition (e .g., tax-free mergers); then he describes the House's proposed repeal in HR 3838 of the General Utilities doctrine in current sections 336-338, focusing on the continued exemption for long-term capital gains of a closely held active business corporation. This sets the stage for analysis of the Corn Products doctrine, which under an "integral asset" reading would deny the exemption to most appreciated operating assets, surely not the intent of the …

Preemption Of State Law Notice Provisions Governing The Recovery Of Attorneys' Fees By Section 506(B) Of The Bankruptcy Code, R. Wilson Freyermuth

Faculty Publications

This note provides a framework for courts and attorneys faced with the issue whether section 506(b) preempts state law notice provisions. The note studies the language and legislative history of section 506(b), pointing out the inconsistencies and ambiguities that make it difficult to determine congressional intent. The note then surveys the various rationales advanced by the lower courts in resolving this issue. Using the recent Fourth Circuit case of Unsecured Creditors' Committee v. Walter E. Heller & Co. to illustrate several of these rationales, the note suggests that a more consistent approach to this issue is needed. After examining the …

Thinking About Federal Jurisdiction — Of Serpents And Swallows, Thomas E. Baker

Faculty Publications

In this essay, Professor Baker assumes that the decision to get into or stay in federal court has been made, for whatever reason. His concentration is focused on providing a checklist of some of the typical challenges to jurisdiction and to highlight some uncommon responses. Organizationally, he first considers general issues which apply to all cases, and then considers separately some issues in diversity cases and in federal question cases.

Avoidability Of Intercorporate Guarantees Under Sections 548(A)(2) And 544(B) Of The Bankruptcy Code, Scott F. Norberg

Faculty Publications

No abstract provided.

Unprecedential Analysis And Original Intent, William P. Marshall

Faculty Publications

No abstract provided.

Discovery Against The Defense: Tilting The Adversarial Balance, Robert P. Mosteller

Faculty Publications

No abstract provided.

Injury And The Disintegration Of Article Iii, Gene R. Nichol Jr.

Faculty Publications

No abstract provided.

Religion And The State (Introduction), Gene R. Nichol

Faculty Publications

No abstract provided.

Contract Principles As A Guide For Protecting Intellectual Property Rights In Computer Software: The Limits Of Copyright Protection, The Evolving Concept Of Derivative Work, And The Proper Limits Of Licensing Arrangements, Thomas Lee Hazen

Faculty Publications

No abstract provided.

Five Views Of Church-State Relations In Contemporary American Thought, Carl H. Esbeck

Faculty Publications

Views concerning the appropriate relationship between church and state are rapidly becoming almost as numerous as America's religious sects. The Constitution's treatment of religious liberty, thought by many to be a matter long settled, has now erupted into a many-sided debate. Not only lawyers, judges and legal commentators are involved; historians and sociologists, theologians and ecclesiastics, political theorists and statesmen also participate in the debate. It is part of a much larger struggle over a redefinition, or for some a reclamation, of the role of religion in American public life. At times this debate focuses on discrete environments, such as …

A Policy Analysis Of Fee-Shifting Rules Under The Internal Revenue Code, Gary Myers, Richard L. Schmalbeck

Faculty Publications

Until recently, the costs of litigating federal tax cases were borne exclusively by the parties who incurred them, regardless of whether the government or the taxpayer prevailed in the litigation. This practice reflects the application to tax disputes of the ‘American rule’ against fee shifting. Although the American rule continues to be predominant in the tax area, it has been modified in important respects. An explicit fee-reimbursement rule, benefiting prevailing taxpayers in cases in which the government is found to have acted unreasonably, was added to the Internal Revenue Code (IRC) by the Tax Equity and Fiscal Responsibility Act of …

Remedying Insurers' Bad Faith Contract Performance: A Reassessment, Robert H. Jerry Ii

Faculty Publications

This article examines the implications of the differing remedies provided by tort and contract law. Part I describes the traditional major duties owed by an insurer to an insured and outlines the remedies currently provided in most jurisdictions for the breach of these duties. Part II gives special attention to the insurer's implied duty of good faith and fair dealing; it reviews the historical origins of the duty and describes the alternative ways to categorize it. Part III argues that the duty of good faith and fair dealing should be treated as a contract duty, but that courts should administer …

Trade Secrets: Important Quasi-Property Rights, Ramon A. Klitzke

Faculty Publications

No abstract provided.

Principles Of Contract Interpretation: Interpreting Collective Bargaining Agreements, Jay E. Grenig

Faculty Publications

No abstract provided.

1985 Survey Of Trends And Developments On Religious Liberty In The Courts, Carl H. Esbeck

Faculty Publications

The purpose of this survey is to note important caselaw developments in the state and lower federal courts concerning religious liberty during 1985. Purposely omitted are the widely reported United State Supreme Court opinions, as well as cases where the high court has granted review during its 1985-86 term. The focus here is to collect significant cases that may otherwise escape broad attention. Only the facts and rationale of each court's decision is recorded. No editorial comment on the merits of these cases is intended.

A Comment On The Supposed Paradoxes Of A Mathematical Interpretation Of The Logic Of Trials, Dale A. Nance

Faculty Publications

This symposium has renewed discussion of the apparent paradox of at- tempting to apply mathematical probabilities to the logic of trials. Brought to academic attention by the stimulating work of L. Jonathan Cohen,' the debate reflects a more general controversy over the virtues of quantifying legal decisionmaking. In this brief comment I do not intend to take sides either in this debate or in the more general controversy. I want only to draw attention to a weakness in the legal interpretations which underlie much of the debate.