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Faculty Publications

1985

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Institution
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Articles 1 - 30 of 70

Full-Text Articles in Law

The Intellectual Development Of Modern Products Liability Law: A Comment On Priest's View Of The Cathedral's Foundations, David G. Owen Dec 1985

The Intellectual Development Of Modern Products Liability Law: A Comment On Priest's View Of The Cathedral's Foundations, David G. Owen

Faculty Publications

No abstract provided.


The Economic And Cultural Impact Of The Origins Of Property: 1180-1220, Robert C. Palmer Oct 1985

The Economic And Cultural Impact Of The Origins Of Property: 1180-1220, Robert C. Palmer

Faculty Publications

No abstract provided.


The Place Of Procedural Control In Determining Who May Sue Or Be Sued: Lessons In Statutory Interpretation From Civil Rico And Sedima, Douglas E. Abrams Oct 1985

The Place Of Procedural Control In Determining Who May Sue Or Be Sued: Lessons In Statutory Interpretation From Civil Rico And Sedima, Douglas E. Abrams

Faculty Publications

When a federal court resolves equipoise in its effort to determine the contours of a litigant class created by an express private cause of action, the court should consider the control that the Federal Rules of Civil Procedure, taken as a whole, exercise on the conduct of litigation. With civil RICO as background, part II presents this thesis and discusses the circumstances in which procedural control would be an element supporting a determination *1481 that Congress created a broad litigant class. Implicit in the notion of equipoise is the threshold recognition that when a court engages in statutory interpretation, it ...


Allocating Consumptive Water Rights In A Riparian Jurisdiction: Defining The Relationship Between Public And Private Interests, Lynda L. Butler Oct 1985

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 ...


A Constitutional Right To Home Instruction?, Neal Devins Oct 1985

A Constitutional Right To Home Instruction?, Neal Devins

Faculty Publications

No abstract provided.


A Proposal To Abolish The U.S. Court Of International Trade, Kevin C. Kennedy Oct 1985

A Proposal To Abolish The U.S. Court Of International Trade, Kevin C. Kennedy

Faculty Publications

No abstract provided.


Researching Labor Law, Robert A. Mccormick Oct 1985

Researching Labor Law, Robert A. Mccormick

Faculty Publications

No abstract provided.


Reflections Upon Federal And State Control Of Administrative Policy Making, Paul R. Verkuil Oct 1985

Reflections Upon Federal And State Control Of Administrative Policy Making, Paul R. Verkuil

Faculty Publications

No abstract provided.


The Trouble With Jaycees, Neal Devins Jul 1985

The Trouble With Jaycees, Neal Devins

Faculty Publications

No abstract provided.


Legal Positivism And Federalism: The Certification Experience, Paul A. Lebel Jul 1985

Legal Positivism And Federalism: The Certification Experience, Paul A. Lebel

Faculty Publications

No abstract provided.


Deterrence And Desert In Tort: A Comment, David G. Owen May 1985

Deterrence And Desert In Tort: A Comment, David G. Owen

Faculty Publications

No abstract provided.


The Origins Of Property In England, Robert C. Palmer Apr 1985

The Origins Of Property In England, Robert C. Palmer

Faculty Publications

No abstract provided.


Book Review Of The Second American Revolution, Neal Devins Apr 1985

Book Review Of The Second American Revolution, Neal Devins

Faculty Publications

No abstract provided.


Causation Under The Escape Clause: The Case For Retaining The "Substantial Cause" Standard, Kevin C. Kennedy Apr 1985

Causation Under The Escape Clause: The Case For Retaining The "Substantial Cause" Standard, Kevin C. Kennedy

Faculty Publications

No abstract provided.


A Message From The New Dean, Timothy J. Sullivan Apr 1985

A Message From The New Dean, Timothy J. Sullivan

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 Jan 1985

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 Infliction Of Harm Through The Publication Of Fiction: Fashioning A Theory Of Liability, Paul A. Lebel Jan 1985

The Infliction Of Harm Through The Publication Of Fiction: Fashioning A Theory Of Liability, Paul A. Lebel

Faculty Publications

No abstract provided.


Children Of Distant Fathers: Sketching An Ethos Of Constitutional Liberty, Gene R. Nichol Jan 1985

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 ...


The Future Of Transferable Development Rights In The Supreme Court, Linda A. Malone Jan 1985

The Future Of Transferable Development Rights In The Supreme Court, Linda A. Malone

Faculty Publications

No abstract provided.


The Second Death Of Federalism, William W. Van Alstyne Jan 1985

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.


Modern Choice Of Law And Public Policy: The Emperor Has The Same Old Clothes, John Bernard Corr Jan 1985

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.


"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 Jan 1985

"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.


To Bargain Or Not To Bargain: A New Chapter In Work Relocation Decisions, B. Glenn George Jan 1985

To Bargain Or Not To Bargain: A New Chapter In Work Relocation Decisions, B. Glenn George

Faculty Publications

No abstract provided.


Criminal Procedure And The Conflict Of Laws, John Bernard Corr Jan 1985

Criminal Procedure And The Conflict Of Laws, John Bernard Corr

Faculty Publications

No abstract provided.


Book Review Of Solutions To Ethical And Legal Problems In Social Research, Larry I. Palmer Jan 1985

Book Review Of Solutions To Ethical And Legal Problems In Social Research, Larry I. Palmer

Faculty Publications

No abstract provided.


Eighth Amendment Challenges To The Length Of A Criminal Sentence: Following The Supreme Court “From Precedent To Precedent”, Thomas E. Baker, Fletcher N. Baldwin Jr Jan 1985

Eighth Amendment Challenges To The Length Of A Criminal Sentence: Following The Supreme Court “From Precedent To Precedent”, Thomas E. Baker, Fletcher N. Baldwin Jr

Faculty Publications

Defendant A was convicted twice previously of felonies and sentenced to prison for fraudulent use of a credit card ($80.00) and for passing a forged check ($28.36). Upon his third felony conviction for obtaining money by false pretenses ($120.75), he received a mandatory life sentence under a state recidivist statute.


Accommodating Employees' Sabbaths: Is It The Government's Job?, Neal Devins Jan 1985

Accommodating Employees' Sabbaths: Is It The Government's Job?, Neal Devins

Faculty Publications

No abstract provided.


The Supreme Court And The Privilege Against Self-Incrimination: Has The Burger Court Retreated?, Paul Marcus Jan 1985

The Supreme Court And The Privilege Against Self-Incrimination: Has The Burger Court Retreated?, Paul Marcus

Faculty Publications

No abstract provided.


Foreward: The Use And Control Of Punitive Damages, David Owen Jan 1985

Foreward: The Use And Control Of Punitive Damages, David Owen

Faculty Publications

No abstract provided.


Use Of Government Funding And Taxing Power To Regulate Schools, Carl H. Esbeck, Kline Capps Jan 1985

Use Of Government Funding And Taxing Power To Regulate Schools, Carl H. Esbeck, Kline Capps

Faculty Publications

The past two decades in America have witnessed a resurgence of interest in religious-based schooling. Manifestations of this trend are evident in the increased number of primary and secondary students enrolled in religious schools and the rapidity with which new church-affiliated schools are being opened.