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Articles 31 - 56 of 56
Full-Text Articles in Law
Can You Opt Out Of The Federal Arbitration Act By Agreeing To Abide By State Arbitration Laws?, Jay E. Grenig
Can You Opt Out Of The Federal Arbitration Act By Agreeing To Abide By State Arbitration Laws?, Jay E. Grenig
Faculty Publications
No abstract provided.
Florida Guardianship And The Elderly: The Paradoxical Right To Unwanted Assistance, Alison Barnes
Florida Guardianship And The Elderly: The Paradoxical Right To Unwanted Assistance, Alison Barnes
Faculty Publications
No abstract provided.
1987 Survey Of Trends And Developments On Religious Liberty In The Courts, Carl H. Esbeck
1987 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. Purposely omitted are the widely reported United States Supreme Court opinions, as well as cases where the Court has granted review during the 1987-88 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.
Aids And The Law, A Guide For The Public [Book Review], Margalynne J. Armstrong
Aids And The Law, A Guide For The Public [Book Review], Margalynne J. Armstrong
Faculty Publications
No abstract provided.
"Front-Running" - Insider Trading Under The Commodity Exchange Act, Jerry W. Markham
"Front-Running" - Insider Trading Under The Commodity Exchange Act, Jerry W. Markham
Faculty Publications
On ‘Black Monday,’ October 19, 1987, ‘perhaps the worst day in the history of U.S. equity markets,’ the Dow Jones Industrial Average fell by 508 points, representing a loss of approximately $1 trillion in the value of all outstanding United States stocks. In the wake of the crash, numerous studies were conducted and reports published in which a host of regulatory issues were considered, including a disturbing phenomenon called ‘front-running.’ Simply stated, the practice of front-running involves a transaction in a commodity futures contract or a stock option contract by a trader with ‘material’ nonpublic information concerning a ‘block’ transaction …
Gender Justice And Its Critics, Neal Devins
Gender Justice And Its Critics, Neal Devins
Faculty Publications
No abstract provided.
Divided We Stand: Concerted Activity And The Maturing Of The Nlra, B. Glenn George
Divided We Stand: Concerted Activity And The Maturing Of The Nlra, B. Glenn George
Faculty Publications
No abstract provided.
Law Professor Trading Cards - Has Anyone Got A Monaghan For A Tribe, Paul A. Lebel
Law Professor Trading Cards - Has Anyone Got A Monaghan For A Tribe, Paul A. Lebel
Faculty Publications
No abstract provided.
Propaganda, Xenophobia, And The First Amendment, Rodney A. Smolla, Stephen A. Smith
Propaganda, Xenophobia, And The First Amendment, Rodney A. Smolla, Stephen A. Smith
Faculty Publications
No abstract provided.
Corporate Loans To Directors And Officers -- Every Business Now A Bank?, Jayne W. Barnard
Corporate Loans To Directors And Officers -- Every Business Now A Bank?, Jayne W. Barnard
Faculty Publications
In most states, a corporation may loan money to an officer or director if the board of directors authorizes the loan and finds that it will "benefit" the corporation. According to Professor Jayne W. Barnard, however, this benefit requirement has proved to be an illusory standard. Barnard reviews existing law on the subject and surveys the executive lending practices of 152 publicly held corporations. She concludes that executive loan enabling statutes have failed to consider the risks involved in making such loans, such as illiquidity, inadequate collateralization, inclination to default, and volatility of the economy. As a result, current laws …
The Constitution Between Friends, Neal Devins
The Constitution Between Friends, Neal Devins
Faculty Publications
No abstract provided.
Appropriations Redux: A Critical Look At The Fiscal Year 1988 Continuing Resolution, Neal Devins
Appropriations Redux: A Critical Look At The Fiscal Year 1988 Continuing Resolution, Neal Devins
Faculty Publications
No abstract provided.
Book Review Of The Law Of War, Linda A. Malone
Book Review Of The Law Of War, Linda A. Malone
Faculty Publications
No abstract provided.
The Purposes And Limits Of Independent Agencies, Paul R. Verkuil
The Purposes And Limits Of Independent Agencies, Paul R. Verkuil
Faculty Publications
The independent agency has been around for 100 years now, but we are still trying to understand how it best relates to the administration of government. Its popularity as an organizational mechanism is more a function of competing political forces within the legislative and executive branches than of any systematic analysis of its effectiveness. Yet one can discern reasons why independent agencies might be superior mechanisms for administering government programs if their structure and purpose are analyzed functionally. This essay proposes to do that and, in the process, reach some conclusions about both the potential and the limits of the …
Executives Raiding The Corporate Cookie Jar, Jayne W. Barnard
Executives Raiding The Corporate Cookie Jar, Jayne W. Barnard
Faculty Publications
No abstract provided.
U.S. Supreme Court: The 1987-88 Term (Part Ii), Paul C. Giannelli
U.S. Supreme Court: The 1987-88 Term (Part Ii), Paul C. Giannelli
Faculty Publications
No abstract provided.
Self-Defense, Paul C. Giannelli
Procedure For Admitting And Excluding Evidence, Paul C. Giannelli
Procedure For Admitting And Excluding Evidence, Paul C. Giannelli
Faculty Publications
No abstract provided.
The American Constitutional Tradition Of Shared And Separated Powers (Introduction), Gene R. Nichol Jr.
The American Constitutional Tradition Of Shared And Separated Powers (Introduction), Gene R. Nichol Jr.
Faculty Publications
No abstract provided.
U.S. Supreme Court: The 1987-88 Term (Part I), Paul C. Giannelli
U.S. Supreme Court: The 1987-88 Term (Part I), Paul C. Giannelli
Faculty Publications
No abstract provided.
The President's Powers As Commander-In-Chief Versus Congress' War Power And Appropriations Power, Charles W. Bennett, Arthur B. Culvahouse, Geoffrey P. Miller, William Bradford Reynolds, William W. Van Alstyne
The President's Powers As Commander-In-Chief Versus Congress' War Power And Appropriations Power, Charles W. Bennett, Arthur B. Culvahouse, Geoffrey P. Miller, William Bradford Reynolds, William W. Van Alstyne
Faculty Publications
This joint work explores a variety of viewpoints all centered around the War Powers Resolution and its application to the situation in the Persian Gulf.
Role Of The Criminal Defense Lawyer In Representing The Mentally Impaired Defendant: Zealous Advocate Or Officer Of The Court, Rodney J. Uphoff
Role Of The Criminal Defense Lawyer In Representing The Mentally Impaired Defendant: Zealous Advocate Or Officer Of The Court, Rodney J. Uphoff
Faculty Publications
This article examines a difficult question in the representation of mentally impaired criminal defendants: should counsel be obligated to inform the court of doubts about a client's competency to stand trial even though doing so may be contrary to the client's wishes or best interests? Professor Rodney J. Uphoff analyzes authorities that impose such an obligation on defense lawyers, including an American Bar Association Criminal Justice Standard and a recent decision of the Wisconsin Supreme Court, State v. Johnson. Uphoff concludes that these authorities needlessly undercut the mentally impaired defendant's right to zealous representation. He proposes an alternative ethical model …
The Best Evidence Principle, Dale A. Nance
The Best Evidence Principle, Dale A. Nance
Faculty Publications
This Article challenges the premises underlying the reasoning in decisions like Gonzales-Benitez. The point is not that the appellants in that case should have prevailed, but simply that the court's treatment of their argument was inadequate. The court should have considered whether the trial court had and abused a discretion to deny admission of the testimony pursuant to a general best evidence principle. At the very least, the court should have justified its implicit assumption that the phrase ‘best evidence’ could only refer, in the context of this case, to the original document rule.
The Admissibility Of Laboratory Reports In Criminal Trials: The Reliability Of Scientific Proof, Paul C. Giannelli
The Admissibility Of Laboratory Reports In Criminal Trials: The Reliability Of Scientific Proof, Paul C. Giannelli
Faculty Publications
No abstract provided.
Protecting Waste Assimilation Streamflows By The Law Of Water Allocation, Nuisance, And Public Trust, And By Environmental Statutes, Peter N. Davis
Protecting Waste Assimilation Streamflows By The Law Of Water Allocation, Nuisance, And Public Trust, And By Environmental Statutes, Peter N. Davis
Faculty Publications
Both federal and state water pollution control statutes require dramatic reductions in waste discharges, but not their total elimination. Those statutes require establishing water quality standards for receiving waters and presume that they will be adequate to assimilate the residual post treatment wastes. But nothing is those statutes assures that minimum flows for waste assimilation in fact will remain in existence. Neither the common law nor eastern and western diversion permit statutes expressly provide direct means for establishing such minimum protected flows for residual waste assimilation. Those means include establishing minimum flows for fish and wildlife habitat and recreation purposes …
Federal Funds To Religious Groups: Where Are The First Amendment Boundaries?, Neal Devins
Federal Funds To Religious Groups: Where Are The First Amendment Boundaries?, Neal Devins
Faculty Publications
No abstract provided.