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Articles 31 - 60 of 312
Full-Text Articles in Law
Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), Goertz V. Gordon, Laura Spitz
Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), Goertz V. Gordon, Laura Spitz
Faculty Scholarship
Historically, women have been almost exclusively responsible for the unpaid labour of child care with the assumption of primary child care responsibilities after separation. The courts must analyze each situation to determine whether a joint custody arrangement, in law, is in fact true equal parenting, in roles and responsibilities, or one more akin to sole custody when considering relocation restrictions.
Gender Matters: Implications For Clinical Research And Women's Health Care, Karen H. Rothenberg
Gender Matters: Implications For Clinical Research And Women's Health Care, Karen H. Rothenberg
Faculty Scholarship
No abstract provided.
Lotus V. Borland: Copyright And Computer Programs, Glynn S. Lunney Jr
Lotus V. Borland: Copyright And Computer Programs, Glynn S. Lunney Jr
Faculty Scholarship
Since Congress's express acknowledgment of copyright protection for computer programs in 1980, courts have faced the sometimes difficult task of deciding whether the admitted copying of some element from a copyright program constitutes infringement. In Lotus v. Borland, for example, the question was whether the admitted copying by Borland of the Lotus 1-2-3 menu structure constituted infringement. The district court held that it did; the First Circuit held that it did not; and the Supreme Court was unable to decide. This Essay suggests that the First Circuit's resolution is the correct one, but that the reasons the First Circuit …
Corporate Governance And Managerial Incompetence: Lessons From Kmart, D. Gordon Smith
Corporate Governance And Managerial Incompetence: Lessons From Kmart, D. Gordon Smith
Faculty Scholarship
Modern corporate governance scholars often extol an activist role by institutional investors in directing corporate activity. Widely viewed as a solution to the collective action problems that inhibit such activism by individual investors, institutional investors are praised for adding value to corporations through their participation in the decision making process. The ouster of Joseph Antonini as Chief Executive Officer of Kmart Corporation in 1995 might be taken as a vindication of this view, because substantial evidence indicates that institutional investors played a crucial role in influencing Kmart's board of directors to remove him. In this Article, Professor Smith challenges this …
Resistance To Equality, Elizabeth M. Schneider
Resistance To Equality, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
How We Got Where We Are: The Lessons Of History, David Reiss
How We Got Where We Are: The Lessons Of History, David Reiss
Faculty Scholarship
No abstract provided.
Whatever Happened To The Uniform Land Transactions Act?, Ronald B. Brown
Whatever Happened To The Uniform Land Transactions Act?, Ronald B. Brown
Faculty Scholarship
No abstract provided.
How To Write A Losing Brief, Coleen M. Barger
How To Write A Losing Brief, Coleen M. Barger
Faculty Scholarship
No abstract provided.
When Law Risks Madness, Susan P. Koniak
When Law Risks Madness, Susan P. Koniak
Faculty Scholarship
Within the United States in 1996, there is a community scattered among us with its own law, its own courts and its own well-armed militias. While the existence of these militias has prompted some debate in the legal literature, the community's law and its courts have been ignored. That law rejects the power of the courts of the federal government and those of the states over the "Sovereign Citizens" of this separate community. On the other hand, this community claims jurisdiction over us - should we interfere with its citizens in some way proscribed by its law - and over …
Reexamining Copyright's Incentives--Access Paradigm, Glynn S. Lunney Jr
Reexamining Copyright's Incentives--Access Paradigm, Glynn S. Lunney Jr
Faculty Scholarship
To suggest a more appropriate approach for determining the proper scope of copyright, this Article critically reexamines the economic justification for copyright and identifies allocative efficiency, rather than the incentives-access balance, as the appropriate guide. From an allocative-efficiency perspective, copyright provides the proper degree of protection when it ensures that individuals will produce works of authorship if, and only if, such production would represent the most highly valued use of their resources. In a world of finite resources, more works of authorship must mean less of something else. Unless the production of an additional work of authorship is inherently more …
Mediating Bioethical Disputes, Diane E. Hoffmann, Naomi Karp
Mediating Bioethical Disputes, Diane E. Hoffmann, Naomi Karp
Faculty Scholarship
No abstract provided.
Lon Fuller, The Model Code, And The Model Rules, John M.A. Dipippa
Lon Fuller, The Model Code, And The Model Rules, John M.A. Dipippa
Faculty Scholarship
No abstract provided.
Conflicts Of Interests In The Representation Of Children, Nancy J. Moore
Conflicts Of Interests In The Representation Of Children, Nancy J. Moore
Faculty Scholarship
Conflicts of interests arise whenever the representation of a client may be materially limited by the lawyer's duties to either another client or a third person or by the interests of the lawyer herself.' Analyzing such conflicts typically requires identifying situations involving a potentially impermissible conflict, determining whether the conflict is consentable, and, if it is, obtaining consent after full disclosure.2 Conflicts analysis is difficult enough when the client is an adult.3 When the client is a child, however, the analysis is complicated by a number of factors. For example, in the wide variety of cases in which children (or …
Isn't It A Crime: Feminist Perspectives On Spousal Immunity And Spousal Violence, Malinda L. Seymore
Isn't It A Crime: Feminist Perspectives On Spousal Immunity And Spousal Violence, Malinda L. Seymore
Faculty Scholarship
Much has been written about the reluctance of police to arrest in domestic violence cases and the reluctance of the state to prosecute such cases. Part of that reluctance may be caused by prevalent societal attitudes that diminish the importance of spousal violence. In a number of jurisdictions, the reluctance to pursue criminal sanctions against married abusers is caused by the difficulty of procuring the battered spouses' testimony.5 In those jurisdictions, the prosecutor cannot compel a reluctant spouse's testimony because of the spousal privilege not to testify against a defendant spouse. Even in jurisdictions that have some exceptions to the …
Better Living Through Crime And Tort, Anita Bernstein
Better Living Through Crime And Tort, Anita Bernstein
Faculty Scholarship
No abstract provided.
Lessons From The Past: Revenge Yesterday And Today Symposium, Tamar Frankel
Lessons From The Past: Revenge Yesterday And Today Symposium, Tamar Frankel
Faculty Scholarship
Professor Seipp's Paper transports us to the Middle Ages to discover a society that views crime and tort quite differently from the way we view these categories today. Yet our discovery of that society offers a perspective about our own. In Professor Seipp's world the victim of a wrong had a choice: demand revenge by determining how the wrongdoer would be punished, or demand monetary compensation. These two entitlements were mutually exclusive. The victim could choose either one, but to some extent, especially in earlier times, the right of revenge was considered a higher right that the victim was expected …
The Civil Rights Remedy Of The Violence Against Women Act: Legislative History, Policy Implications & Litigation Strategy, Elizabeth M. Schneider
The Civil Rights Remedy Of The Violence Against Women Act: Legislative History, Policy Implications & Litigation Strategy, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Credit Enhancement In Domestic Transactions: Conceptualizing The Devices And Reinventing The Law, Neil B. Cohen
Credit Enhancement In Domestic Transactions: Conceptualizing The Devices And Reinventing The Law, Neil B. Cohen
Faculty Scholarship
No abstract provided.
Allocating The Burden Of Proof In Sales Litigation, Alex Stein
Allocating The Burden Of Proof In Sales Litigation, Alex Stein
Faculty Scholarship
No abstract provided.
Human Rights Monitoring In Germany: A Rejoinder, Maryellen Fullerton
Human Rights Monitoring In Germany: A Rejoinder, Maryellen Fullerton
Faculty Scholarship
No abstract provided.
How Do Judges Decide Divorce Cases?: An Empirical Analysis Of Discretionary Decision Making, Marsha Garrison
How Do Judges Decide Divorce Cases?: An Empirical Analysis Of Discretionary Decision Making, Marsha Garrison
Faculty Scholarship
No abstract provided.
A Championship Season For The First Amendment, Joel Gora
A Championship Season For The First Amendment, Joel Gora
Faculty Scholarship
No abstract provided.
Flesh Of My Flesh But Not My Heir: Unintended Disinheritance, Laura M. Padilla
Flesh Of My Flesh But Not My Heir: Unintended Disinheritance, Laura M. Padilla
Faculty Scholarship
This article briefly explains how the laws of intestacy and adoption work together, providing background information on second parent adoptions. It then describes why these laws are inadequate for same sex partners who adopt each others' children. It is impractical to cover statutes throughout the United States, and because I seek legal reform in California, this article focuses on California statutes, with occasional reference to the Uniform Probate Code. However, the problems caused by California's statutes also arise in other states with similar statutes. Therefore, the issues raised in this article, as well as the solutions proposed, are relevant in …
Hungary, Refugees. And The Law Of Return, Maryellen Fullerton
Hungary, Refugees. And The Law Of Return, Maryellen Fullerton
Faculty Scholarship
No abstract provided.
The Violence Against Women Act Project: Teaching A New Generation Of Public Interest Lawyers, Minna J. Kotkin
The Violence Against Women Act Project: Teaching A New Generation Of Public Interest Lawyers, Minna J. Kotkin
Faculty Scholarship
No abstract provided.
Parents' Rights Vs. Childrens' Interest: The Case Of The Foster Child, Marsha Garrison
Parents' Rights Vs. Childrens' Interest: The Case Of The Foster Child, Marsha Garrison
Faculty Scholarship
No abstract provided.
Succeeding In Law School: A Comparison Of Woman's Experience At Brooklyn Law School And The University Of Pennsylvania, Marsha Garrison, Brian Tomko, Ivan Yip
Succeeding In Law School: A Comparison Of Woman's Experience At Brooklyn Law School And The University Of Pennsylvania, Marsha Garrison, Brian Tomko, Ivan Yip
Faculty Scholarship
No abstract provided.
"Weightier Than A Mountain": Duty, Hierarchy, And The Consumer In Japan, Anita Bernstein, Paul Fleming
"Weightier Than A Mountain": Duty, Hierarchy, And The Consumer In Japan, Anita Bernstein, Paul Fleming
Faculty Scholarship
No abstract provided.
Images Of Law School And Law Teaching In An Imperfect Spy, Stacy Caplow, Spencer W. Waller
Images Of Law School And Law Teaching In An Imperfect Spy, Stacy Caplow, Spencer W. Waller
Faculty Scholarship
No abstract provided.
The Role Of The Corporate Attorney Within The Takeover Context: Loyalties To Whom, Miriam Baer
The Role Of The Corporate Attorney Within The Takeover Context: Loyalties To Whom, Miriam Baer
Faculty Scholarship
No abstract provided.