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Articles 91 - 108 of 108
Full-Text Articles in Law
Country/Region Reports -- United States Of America, Linda A. Malone
Country/Region Reports -- United States Of America, Linda A. Malone
Faculty Publications
No abstract provided.
Confrontation Issues In Child Abuse Cases, Paul C. Giannelli
Confrontation Issues In Child Abuse Cases, Paul C. Giannelli
Faculty Publications
No abstract provided.
Alternative Penal Sanctions, Paul Marcus
A Pragmatic Strategy For The Scope Of Sales Law, The Statute Of Frauds, And The Global Currency Bazaar, Raj Bhala
Faculty Publications
No abstract provided.
Tragedy, Irony, And Protectionism After Bcci: A Three-Act Play Starring Maharajah Bank, Raj Bhala
Tragedy, Irony, And Protectionism After Bcci: A Three-Act Play Starring Maharajah Bank, Raj Bhala
Faculty Publications
Post-BCCI legal developments regarding the regulation of foreign banks raise serious concerns of protectionism. The Foreign Bank Supervision Enhancement Act of 1991 and revisions to Federal Reserve Regulation K impose significant new legal burdens on foreign banks seeking to establish a physical presence in the U.S. The new legal regime reflects a tragic sacrifice of the principle of free trade in banking services in order to placate a fear of "bad" foreign banks. Ironically, the sacrifice of this principle by Congress and the Federal Reserve is incongruous with efforts of the United States Trade Representative (USTR). The USTR has negotiated …
The Inverted Pyramid Of Wire Transfer Law, Raj Bhala
The Inverted Pyramid Of Wire Transfer Law, Raj Bhala
Faculty Publications
No abstract provided.
A Tale Of Two Textualists: A Critical Comparison Of Justices Black And Scalia, Michael J. Gerhardt
A Tale Of Two Textualists: A Critical Comparison Of Justices Black And Scalia, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Toil Of The Firestarters, Peter A. Alces
An Experiment With Electronic Mail And Constitutional Theory, I. Trotter Hardy
An Experiment With Electronic Mail And Constitutional Theory, I. Trotter Hardy
Faculty Publications
No abstract provided.
Denying Due Process In The Florida Courts: A Commentary On The 1994 Medicaid Third-Party Liability Act Of Florida, William W. Van Alstyne
Denying Due Process In The Florida Courts: A Commentary On The 1994 Medicaid Third-Party Liability Act Of Florida, William W. Van Alstyne
Faculty Publications
No abstract provided.
The Quest For Freedom In The Post-Brown South: Desegregation And White Self-Interest, Davison M. Douglas
The Quest For Freedom In The Post-Brown South: Desegregation And White Self-Interest, Davison M. Douglas
Faculty Publications
No abstract provided.
The Rhetoric Of Moderation: Desegregating The South During The Decade After Brown, Davison M. Douglas
The Rhetoric Of Moderation: Desegregating The South During The Decade After Brown, Davison M. Douglas
Faculty Publications
No abstract provided.
Understanding Kaye Scholer: The Autonomous Citizen, The Managed Subject And The Role Of The Lawyer, Nancy Amoury Combs
Understanding Kaye Scholer: The Autonomous Citizen, The Managed Subject And The Role Of The Lawyer, Nancy Amoury Combs
Faculty Publications
The Office of Thrift Supervision's (OTS) unprecedented enforcement action against Kaye, Scholer, Fierman, Hays and Handler (Kaye Scholer) prompted howls of protest from the legal community. OTS, it was claimed, was using its excessive power to redefine the role of the lawyer. This Comment confirms that OTS sought to impose duties on Kaye Scholer that conflict with professional ethics rules. The Comment then goes on to suggest that the conflict over professional responsibility in the Kaye Scholer case reflects, more fundamentally, a conflict over the role of the citizen, and the citizen's relationship with the state. Our adversarial system of …
Cost Overrun Optimism: Fact Or Fiction, David D. Christensen
Cost Overrun Optimism: Fact Or Fiction, David D. Christensen
Faculty Publications
Program managers are advocates by necessity, When taken to the extreme, program advocacy can result in the suppression of adverse information about the status of a program gram. Such was the case in the Navy's A-12 Program. In A-12 Administrative inquiry, Beach (1990) speculates that such abiding cultural problems were not unique to the Navy. To test that assertion, this paper examines cost overrun data on 64 completed acquisition contracts extracted from the Defense Acquisition Executive Summary database. Cost overruns at various contract completion points are compared with projected final cost overruns estimated by contractor and government personnel. 17 comparison …
A Bibliography For The United States Courts Of Appeals, Thomas E. Baker
A Bibliography For The United States Courts Of Appeals, Thomas E. Baker
Faculty Publications
No abstract provided.
A Proposal That Congress Create A Commission On Federal Court Structure, Thomas E. Baker
A Proposal That Congress Create A Commission On Federal Court Structure, Thomas E. Baker
Faculty Publications
Predicting the shape and size of the federal judiciary in the future requires us to gaze into a rather clouded crystal ball; clouded, because the prediction of future changes in any institution is a hazardous business, and clouded even more in this case because political pressures as well as rational discourse will determine what the federal courts look like a generation hence.
The Eleventh Circuit’S First Decade Contribution To The Law Of The Nation, 1981-1991, Thomas E. Baker
The Eleventh Circuit’S First Decade Contribution To The Law Of The Nation, 1981-1991, Thomas E. Baker
Faculty Publications
Likewise, the task of commentary is difficult. The period covered here-the first decade of the Eleventh Circuit-represents, quite literally and figuratively, the formative era of the court. Indeed, the volume of decisions and their variety are qualities that ought to humble, if not intimidate, most commentators. Justice Holmes once observed that a common law court could be expected to replicate the entire corpus juris in the space of a single generation. The Eleventh Circuit did this consciously between 1981 and 1991. In Bonner v. City of Prichard, the inaugural en banc court held that the new court-just cleaved from the …
The Inherent Power To Impose Sanctions: How A Federal Judge Is Like An 800-Pound Gorilla, Thomas E. Baker
The Inherent Power To Impose Sanctions: How A Federal Judge Is Like An 800-Pound Gorilla, Thomas E. Baker
Faculty Publications
Inherent sanctions, like Rule 11 sanctions, may be imposed against any person responsible for wrongdoing, regardless of whether that person is a litigant or an attorney. Sanctionable wrongdoing includes pre litigation misconduct, as well as abuses of process that occur beyond the courtroom, such as the willful disobedience of an otherwise valid court order, so long as the court affords a violation due process before imposing sanctions. In addition to Rule 11's function as a deterrent, inherent sanctions further the goals of compensation and punishment.