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Articles 1 - 30 of 71
Full-Text Articles in Law
The Good, The Bad, And The Press, Paul A. Lebel
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
Respect For Law & Man: The Tort Law Of Chief Justice Kenison, David G. Owen
Faculty Publications
No abstract provided.
The Federal Common Law Of Crime, Robert C. Palmer
The Federal Common Law Of Crime, Robert C. Palmer
Faculty Publications
No abstract provided.
Effective Regulatory Reform Hinges On Motivating The "Street Level" Bureaucrats, Charles H. Koch Jr.
Effective Regulatory Reform Hinges On Motivating The "Street Level" Bureaucrats, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
The Development Of Entrapment Law, Paul Marcus
The Development Of Entrapment Law, Paul Marcus
Faculty Publications
No abstract provided.
Opening Remarks, Robert A. Mccormick
Overview Of Alternative Dispute Resolution Techniques, Mary A. Bedikian
Overview Of Alternative Dispute Resolution Techniques, Mary A. Bedikian
Faculty Publications
No abstract provided.
Making Subchapter S Work, Glenn E. Coven
On The Limits Of Court-Ordered Social Change: A Critical Look At Dimond's Beyond Busing, Neal Devins
On The Limits Of Court-Ordered Social Change: A Critical Look At Dimond's Beyond Busing, Neal Devins
Faculty Publications
No abstract provided.
Criminal Law, Richard A. Williamson
Toward A Jurisprudence Of Bank-Customer Relations, Peter A. Alces
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
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
California Death Penalty Laws And The California Supreme Court: A Ten Year Perspective, Gerald F. Uelmen
Faculty Publications
No abstract provided.
Resolving The Frye Dilemma: A Reliability Approach, Fredric I. Lederer
Resolving The Frye Dilemma: A Reliability Approach, Fredric I. Lederer
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
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.
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 ...
Congressional Standing To Sue: Whose Vote Is This, Anyway?, R. Lawrence Dessem
Congressional Standing To Sue: Whose Vote Is This, Anyway?, R. Lawrence Dessem
Faculty Publications
The article is divided into three major sections. Section I traces the development of a separate doctrine of “congressional standing.” It examines the doctrine's development from the Supreme Court's initial consideration of legislative standing through the current opinions of the United States Court of Appeals for the District of Columbia Circuit. Section II then analyzes three possible theories of congressional injury and standing. Derivative, representative, and third-party standing theories are all rejected as a basis for congressional standing. While rejecting the suggestion that congressmen possess a personal interest in “their” votes sufficient to constitute the “distinct and palpable ...
Remedying Insurers' Bad Faith Contract Performance: A Reassessment, Robert H. Jerry Ii
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 ...
Tort Claims Against Churches And Ecclesiastical Officers: The First Amendment Considerations, Carl H. Esbeck
Tort Claims Against Churches And Ecclesiastical Officers: The First Amendment Considerations, Carl H. Esbeck
Faculty Publications
Federal and state courts are increasingly confronted with the unenviable task of giving legal definition to matters affecting relations between religion and government.' Many of the lawsuits pitting church against state are surface manifestations of a more fundamental disintegration of an American public philosophy.
An Examination Of Domestic Subsidies And The Standard For Imposing Countervailing Duties, Kevin C. Kennedy
An Examination Of Domestic Subsidies And The Standard For Imposing Countervailing Duties, Kevin C. Kennedy
Faculty Publications
No abstract provided.
Civil Penalty Proceedings Under Section 592 Of The Tariff Act Of 1930, Kevin C. Kennedy
Civil Penalty Proceedings Under Section 592 Of The Tariff Act Of 1930, Kevin C. Kennedy
Faculty Publications
No abstract provided.
A Logic For The Analysis Of Collateral Estoppel, Kevin W. Saunders
A Logic For The Analysis Of Collateral Estoppel, Kevin W. Saunders
Faculty Publications
No abstract provided.
A Policy Analysis Of Fee-Shifting Rules Under The Internal Revenue Code, Gary Myers, Richard L. Schmalbeck
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 ...
California's Foreclosure Statutes: Some Proposals For Reform, Cynthia Mertens
California's Foreclosure Statutes: Some Proposals For Reform, Cynthia Mertens
Faculty Publications
Spurred by the harsh economics of the Great Depression, California enacted several statutes designed to protect pledgors of real property from unfair and often ruinous deficiency judgments. This legislation includes Code of Civil Procedure sections 580a,the fair value section, 580b,the purchase-money anti-deficiency statute, 580d; the nonjudicial foreclosure anti-deficiency statute, and 726, the "one-action" rule. Three decades of judicial interpretation, however, have created a body of case law which fails to advance the legislative purposes upon which the courts purportedly base their decisions.
The time has come for California to substantially revise its Depression-era anti-deficiency legislation in order to ...
When Lawyer And Client Meet: Observations Of Interviewing And Counseling Behavior In The Consumer Bankruptcy Law Office, Gary Neustadter
When Lawyer And Client Meet: Observations Of Interviewing And Counseling Behavior In The Consumer Bankruptcy Law Office, Gary Neustadter
Faculty Publications
What happens when lawyer and client first meet? How do they talk, how do they listen, what do they say, and what do they do? The answers to these questions are generated, and then lost, in thousands of law offices daily. There is thus a treasure of information, but it is mostly hidden from our view by legal barriers that protect privacy and confidentiality and by other barriers, economic, psychological, and logistical, that inhibit or preclude third party observation of lawyer-client contact. This Article reports an exploratory journey in search of that treasure, a journey into six law offices in ...
The Habit Of Success, Howard C. Anawalt
Refusal To License: Monopolization Problems For Patent Owners, Ramon A. Klitzke
Refusal To License: Monopolization Problems For Patent Owners, Ramon A. Klitzke
Faculty Publications
No abstract provided.
Injury And The Disintegration Of Article Iii, Gene R. Nichol
Injury And The Disintegration Of Article Iii, Gene R. Nichol
Faculty Publications
No abstract provided.
The Status Of Independent Agencies After Bowsher V. Synar, Paul R. Verkuil
The Status Of Independent Agencies After Bowsher V. Synar, Paul R. Verkuil
Faculty Publications
No abstract provided.