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Articles 31 - 60 of 108
Full-Text Articles in Law
Tempest In An Envelope: Reflections On The Bush White House's Failed Takeover Of The U.S. Postal Service, Neal Devins
Tempest In An Envelope: Reflections On The Bush White House's Failed Takeover Of The U.S. Postal Service, Neal Devins
Faculty Publications
No abstract provided.
Truth And The Religion Clauses, William P. Marshall
Truth And The Religion Clauses, William P. Marshall
Faculty Publications
No abstract provided.
Rediscovering Nonjusticiability: Judicial Review Of Impeachments After Nixon, Michael J. Gerhardt
Rediscovering Nonjusticiability: Judicial Review Of Impeachments After Nixon, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Urban Revitalization And Community Finance: An Introduction, Peter R. Pitegoff
Urban Revitalization And Community Finance: An Introduction, Peter R. Pitegoff
Faculty Publications
"In his 1933 poem Burn the Cities, Nathanael West, the iconoclastic American novelist and urban radical, portrays the city as a focal point of discontent and of anguish for the world's predicament.2 From Jerusalem to Paris and finally to London, the poem winds through distressing urban imagery with scant opportunity for escape. The implicit modicum of hope is an overthrow of the present order. From older cities abroad, West imports an apocalyptic vision of cities at home."
Imagining The Alternative Futures Of The U.S. Courts Of Appeals, Thomas E. Baker
Imagining The Alternative Futures Of The U.S. Courts Of Appeals, Thomas E. Baker
Faculty Publications
Any number of extramural or structural reforms have been proposed over the years to solve the present problems and to meet the future needs of the United States Courts of Appeals. Some have been on the drawing board for a long time, while others are much more novel. In this article, Professor Baker gathers the more provocative extramural or structural proposals that have coalesced thus far in the decades-long debate over what Congress should do about the intermediate federal appellate courts. The Final Report of the Federal Courts Study Committee is the point of departure for this "inquiry and discussion."
Integrating Legal Writing Into Civil Procedure, Douglas E. Abrams
Integrating Legal Writing Into Civil Procedure, Douglas E. Abrams
Faculty Publications
Law teachers increasingly recognize that practical skills training deserves a place in traditional courses throughout the curriculum.' The literature regularly reports proposals to integrate practical skills components into both first-year and upperclass courses. The array of skills includes mediation, negotiation, interviewing and counseling, writing and drafting, case management, and advocacy
The Bespeaks Caution Doctrine: Revisiting The Application Of Federal Securities Law To Opinions And Estimates, Royce De R. Barondes
The Bespeaks Caution Doctrine: Revisiting The Application Of Federal Securities Law To Opinions And Estimates, Royce De R. Barondes
Faculty Publications
Disclosure of estimates and opinions, which are often referred to as ‘soft information,‘ has presented a number of difficult issues to courts, the Securities and Exchange Commission (SEC) and companies issuing offering materials or required to file periodic reports with the SEC. Although this type of information often consists of projections, historical financial statements also include this type of information to varying degrees. For example, a bank's statement of financial position requires specification of loan loss reserves and is therefore dependent on an assessment of future events (the timing and extent of repayment). Similarly, determination of the timing of a …
Small Numbers, Black Men, Precipitous Responses, Big Problems, Michael A. Middleton
Small Numbers, Black Men, Precipitous Responses, Big Problems, Michael A. Middleton
Faculty Publications
Professor Culp has aptly warned us that in our discussion of employment discrimination we should not lose sight of the need to address the spectrum of policies affecting the status of African-Americans. Without serious efforts in all aspects of American life (e.g., housing, education, health care, political and economic empowerment) our chances of significantly improving the future for African-American men are slim.
Legitimacy Of The Constitutional Judge And Theories Of Interpretation In The United States, William B. Fisch, Richard S. Kay
Legitimacy Of The Constitutional Judge And Theories Of Interpretation In The United States, William B. Fisch, Richard S. Kay
Faculty Publications
The Legitimacy of the Constitutional Judge and Theories of Interpretation in the United States The paper addresses the sources of legitimacy of a judge exercising the power to declare acts of government invalid on constitutional grounds, and their relationship to theories of interpretation of the constitutional texts.
Wrong Side Of The Mountain: A Comment On Bad Faith's Unnatural History, Robert H. Jerry Ii
Wrong Side Of The Mountain: A Comment On Bad Faith's Unnatural History, Robert H. Jerry Ii
Faculty Publications
In this Comment, I will argue that courts have ignored bad faith's contractual heritage and have undervalued contract law's ability to respond to insurer misconduct. To draw upon Professor Powers's thoughtful analysis, I believe that courts invoked the tort paradigm before it was clear that the contract paradigm was inadequate. For lack of data, I will stop short of recommending where we should go from here, but I will suggest that our behavior in the face of bad faith liability in tort may have changed no less than the environment and that the perceived relative calm in the tort's current …
Disabled Employees Versus Reluctant Employers: Who Wins When The Evidence Is Equal?, Jay E. Grenig
Disabled Employees Versus Reluctant Employers: Who Wins When The Evidence Is Equal?, Jay E. Grenig
Faculty Publications
No abstract provided.
“California Dreamin'”: May A State Limit Its Welfare Benefits Based On Length Of Residency?, Jay E. Grenig
“California Dreamin'”: May A State Limit Its Welfare Benefits Based On Length Of Residency?, Jay E. Grenig
Faculty Publications
No abstract provided.
The Black Panther Party's Narratives Of Resistance, David Ray Papke
The Black Panther Party's Narratives Of Resistance, David Ray Papke
Faculty Publications
Papke’s article illustrates the power and importance of personal storytelling. To illustrate his point, Papke focuses on the personal narratives of Huey Newton, Bobby Seale and Eldridge Cleaver; important leaders in the development of the Black Panther Party. Papke uses their personal narratives as a means to explain their ideological underpinnings as well as their condemnation of the police department as an oppressive institution. The article also demonstrates how narratives can be illustrative of countering social pressures. In this case those interested in resisting the dominating influence of one group may benefit from the narratives of these individuals.
The Hidden Ball: A Substantive Critique Of Baseball Metaphors In Judicial Opinions, Chad M. Oldfather
The Hidden Ball: A Substantive Critique Of Baseball Metaphors In Judicial Opinions, Chad M. Oldfather
Faculty Publications
This article draws on literary and linguistic theory, as well as prior work studying the effects of metaphor in judicial opinions, to study the use of a specific type of metaphor - baseball metaphors - in judicial opinions. The article surveys several specific metaphors that have been recurrently used - including the judge as "umpire," "hit-and-run," and "three strikes and you're out" - and considers the ways in which the use of such metaphors might direct thought about the underlying subject matter in inappropriate directions.
The Religious Freedom Restoration Act: Pushing The Limits Of Legislative Power, Scott C. Idleman
The Religious Freedom Restoration Act: Pushing The Limits Of Legislative Power, Scott C. Idleman
Faculty Publications
No abstract provided.
Eugene Debs As Legal Heretic: The Law-Related Conversion, Catechism And Evangelism Of An American Socialist, David Ray Papke
Eugene Debs As Legal Heretic: The Law-Related Conversion, Catechism And Evangelism Of An American Socialist, David Ray Papke
Faculty Publications
No abstract provided.
Ideology As Interpretation: A Reply To Professor Greene's Theory Of The Religion Clauses, Scott C. Idleman
Ideology As Interpretation: A Reply To Professor Greene's Theory Of The Religion Clauses, Scott C. Idleman
Faculty Publications
No abstract provided.
A Punitive Damages Overview: Functions, Problems And Reform, David G. Owen
A Punitive Damages Overview: Functions, Problems And Reform, David G. Owen
Faculty Publications
No abstract provided.
Energy Trade And The National Security Exception To The Gatt, Donald N. Zillman
Energy Trade And The National Security Exception To The Gatt, Donald N. Zillman
Faculty Publications
Three topics combine in this paper: international trade, national security, and energy. The specific focus of the paper is the General Agreement on Tariffs and Trade (GATT) and the "essential security interests" exception contained in Article XXI. The provisions of the GATT set out the structure of a system to encourage international trade by reducing tariffs and other trade barriers. More broadly, many aspects of international trade in energy have developed outside the structure of GATT or with the implied assumption that Article XXI or another GATT exception would take them out of normal GATT arrangements. National security matters have …
Kinship And Marriage In Massachusetts Public Employee Retirement Law: An Analysis Of The Beneficiary Provisions, And Proposals For Change, Jennifer Wriggins
Kinship And Marriage In Massachusetts Public Employee Retirement Law: An Analysis Of The Beneficiary Provisions, And Proposals For Change, Jennifer Wriggins
Faculty Publications
No abstract provided.
United States Supreme Court: 1993-94 Term, Paul C. Giannelli
United States Supreme Court: 1993-94 Term, Paul C. Giannelli
Faculty Publications
No abstract provided.
Juvenile Court Bindover Hearings, Paul C. Giannelli
Juvenile Court Bindover Hearings, Paul C. Giannelli
Faculty Publications
No abstract provided.
Polygraph Evidence: Part I, Paul C. Giannelli
Polygraph Evidence: Part I, Paul C. Giannelli
Faculty Publications
No abstract provided.
Building Blocks Of Analysis: Using Simple "Sesame Street Skills" And Sophisticated Educational Learning Theories In Teaching A Seminar In Legal Analysis And Writing, Nancy A. Wright
Faculty Publications
No abstract provided.
Compassion Fatigue And The First Amendment: Are The Homeless Constitutional Castaways?, Nancy A. Wright
Compassion Fatigue And The First Amendment: Are The Homeless Constitutional Castaways?, Nancy A. Wright
Faculty Publications
No abstract provided.
Standards As Intellectual Property: An Economic Approach, David D. Friedman
Standards As Intellectual Property: An Economic Approach, David D. Friedman
Faculty Publications
No abstract provided.
A Tribute To J. Timothy Philipps, Gerald F. Uelmen
A Tribute To J. Timothy Philipps, Gerald F. Uelmen
Faculty Publications
No abstract provided.
Limitation Of Legal Malpractice Actions: Defining Actual Injury And The Problem Of Simultaneous Litigation, Tyler T. Ochoa, Andrew Wilstrich
Limitation Of Legal Malpractice Actions: Defining Actual Injury And The Problem Of Simultaneous Litigation, Tyler T. Ochoa, Andrew Wilstrich
Faculty Publications
In this article, we will first review the development of the "actual injury" tolling provision in California, from its judicial adoption in 1971 to its legislative adoption in 1977. Second, we will explore the policies underlying the legal malpractice statute of limitation and the countervailing policies that may make delayed accrual or tolling desirable in situations involving simultaneous litigation. Third, we will examine case law applying the "actual injury" tolling provision to various fact situations and analyze potential legal solutions to the problem of defining "actual injury," including the doctrine of equitable tolling. Finally, we will demonstrate how the doctrine …
Confederate Bonds, General Custer, And The Regulation Of Derivative Financial Instuments, Jerry W. Markham
Confederate Bonds, General Custer, And The Regulation Of Derivative Financial Instuments, Jerry W. Markham
Faculty Publications
The phenomenal growth of derivative financial instruments has sparked a near revolution in finance. These instruments take many forms and come in literally hundreds of varieties. Some, such as commodity futures and options, are heavily regulated when they are traded on organized exchanges. Other derivatives, particularly those traded over-the-counter, are subject to little regulation. Included on the list of unregulated derivatives are swap transactions. The swaps market alone is equal in size to the regulated markets with which it competes. The lack of regulation over such a large financial market and the losses suffered by some large firms in recent …
Toward A Unified Theory Of Products Liability: Reviving The Causative Concept Of Legal Fault, Elizabeth Price Foley, Elizabeth C. Price
Toward A Unified Theory Of Products Liability: Reviving The Causative Concept Of Legal Fault, Elizabeth Price Foley, Elizabeth C. Price
Faculty Publications
This paper explores the concept of "causative" fault – with an emphasis on proximate and actual cause – as a substitute for modern strict liability.