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Articles 1 - 30 of 59
Full-Text Articles in Law
The Technological Expert In Products Liability Litigation, Aaron Twerski, William A. Donaher, Henry R. Piehler, Alvin S. Weinstein
The Technological Expert In Products Liability Litigation, Aaron Twerski, William A. Donaher, Henry R. Piehler, Alvin S. Weinstein
Faculty Scholarship
No abstract provided.
Judicial Review Of Administrative Action And Responsible Government, Warner W. Gardner, Michael Greenberger
Judicial Review Of Administrative Action And Responsible Government, Warner W. Gardner, Michael Greenberger
Faculty Scholarship
No abstract provided.
The Future Of Legal Aid In America, A. Kenneth Pye
The Future Of Legal Aid In America, A. Kenneth Pye
Faculty Scholarship
No abstract provided.
Old Wine In A New Flask -- Restructuring Assumption Of Risk In The Product Liability Era, Aaron Twerski
Old Wine In A New Flask -- Restructuring Assumption Of Risk In The Product Liability Era, Aaron Twerski
Faculty Scholarship
No abstract provided.
The Nature Of The Contract Argument, David B. Lyons
The Nature Of The Contract Argument, David B. Lyons
Faculty Scholarship
As truth is the first virtue of belief, so justice is of social institutions. That is John Rawls's view, and it seems true, at any rate, of the law. Official acts, laws, and legal arrangements generally are characterized as just or unjust, while other moral categories are much less frequently invoked. Justice seems inseparable from good law. It is therefore striking and important that justice has recently been regarded by prominent legal theorists as rationally disreputable--as, in Kelsen's words, "an irrational idea." Many divergent conceptions of social justice have been propounded, and it is held that there is no rational …
From Codling To Bolm To Velez: Triptych Of Confusion, Aaron Twerski
From Codling To Bolm To Velez: Triptych Of Confusion, Aaron Twerski
Faculty Scholarship
No abstract provided.
Taking Stock Of The Court's Jurisdiction In A Sipa Liquidation, Roberta S. Karmel, Jeffery M. Weissman
Taking Stock Of The Court's Jurisdiction In A Sipa Liquidation, Roberta S. Karmel, Jeffery M. Weissman
Faculty Scholarship
No abstract provided.
The Corporate Interest Deduction: A Policy Evaluation, Alvin C. Warren Jr.
The Corporate Interest Deduction: A Policy Evaluation, Alvin C. Warren Jr.
Faculty Scholarship
No abstract provided.
Product Liability: A Study Of The Interaction Of Law And Technology, Aaron Twerski, Alvin S. Weinstein, Henry R. Piehler, William A. Donaher
Product Liability: A Study Of The Interaction Of Law And Technology, Aaron Twerski, Alvin S. Weinstein, Henry R. Piehler, William A. Donaher
Faculty Scholarship
No abstract provided.
Implications Of Minority Interest And Stock Restrictions In Valuing Closely-Held Shares, Alan L. Feld
Implications Of Minority Interest And Stock Restrictions In Valuing Closely-Held Shares, Alan L. Feld
Faculty Scholarship
The federal estate and gift taxes levy on the gratuitous transfer of wealth by both testamentary and lifetime disposition. The amount of the tax depends on the value placed on the property transferred by the decedent or donor. When the property transferred consists of shares of stock in a closely held corporation, there often exists no ready market to help in valuation. As a result, the value of the shares used to compute the federal estate or gift tax must be determined first by appraising the value of the enterprise, and then by allocating some portion of that value to …
Book Review: Woman's Consciousness, Man's World, Elizabeth Rapaport
Book Review: Woman's Consciousness, Man's World, Elizabeth Rapaport
Faculty Scholarship
Abstract of Book Review only. Women's Consciousness, Man's World is the third of Sheila Rowbotham's three recent books to reach the United States. In Women, Resistance and Revolution Rowbotham ranged over the history of pre-industrial and industrial Europe, the Russian, the Chinese and the more contemporary third world revolutions in Cuba, Algeria and Vietnam. She sought to recover the origins, development and fates of feminist ideas and movements, and most particularly their interaction with socialist movements, in opposition and in power. In Hidden From History she gives more detailed consideration to the history of feminism and socialism in England. With …
Flexibility, The Uniform Probate Code's Procedural Article And Some Comparisons With Kentucky Statutes, James W. Gordon
Flexibility, The Uniform Probate Code's Procedural Article And Some Comparisons With Kentucky Statutes, James W. Gordon
Faculty Scholarship
The present state of the law in America governing the succession to decedents' estates is badly in need of reform. There is a growing awareness of the inadequacy of present probate procedure even among ordinary citizens unschooled in the law. The public awareness of the problems of probate and its demand for reform are apparent from the spate of articles and books which have dealt with probate "pains" and methods for avoiding them. This demand and the efforts of reform-minded scholars have culminated in a proposed solution--the Uniform Probate Code (UPC). This Author argues that the probate scheme of the …
The Use Of Racial Statistics In Fair Housing Cases, David S. Bogen, Richard V. Falcon
The Use Of Racial Statistics In Fair Housing Cases, David S. Bogen, Richard V. Falcon
Faculty Scholarship
No abstract provided.
Book Review: Antecedents And Beginnings To 1801, David S. Bogen
Book Review: Antecedents And Beginnings To 1801, David S. Bogen
Faculty Scholarship
No abstract provided.
Juridical Cripples: Plurality Opinions In The Supreme Court, John F. Davis, William L. Reynolds
Juridical Cripples: Plurality Opinions In The Supreme Court, John F. Davis, William L. Reynolds
Faculty Scholarship
No abstract provided.
The Uses Of Scientific Information In Environmental Decision Making, Marcia R. Gelpe
The Uses Of Scientific Information In Environmental Decision Making, Marcia R. Gelpe
Faculty Scholarship
This Article explores the response of the legal system to the uncertainty which is inherent in the scientific analysis of environmental impact. The first principle of due process is that the assignment of responsibility correspond with the actor who did in fact cause the injury. We argue that existing concepts of cause-in-fact, the foundation of liability, place potentially severe constraints on the ability of the legal system to respond to the need to minimize the risks of future environmental injury. Further, these constraints exist to some degree regardless of whether the prohibitions or restrictions take the form of adjudication, administrative …
Occupational Diseases Under Workmen’S Compensation Laws, Arthur Larson
Occupational Diseases Under Workmen’S Compensation Laws, Arthur Larson
Faculty Scholarship
No abstract provided.
Federal Regulation Of The Health Care Delivery System: A Foreword In The Nature Of A Package Insert, Clark C. Havighurst
Federal Regulation Of The Health Care Delivery System: A Foreword In The Nature Of A Package Insert, Clark C. Havighurst
Faculty Scholarship
No abstract provided.
A Political And Constitutional Review Of United States V. Nixon, William W. Van Alstyne
A Political And Constitutional Review Of United States V. Nixon, William W. Van Alstyne
Faculty Scholarship
This comparison of United States v. Nixon and the Pentagon Papers case finds the greatest similarity and significance shared by the two cases was the anti-climactic nature of their conclusions. While both cases concerned constitutional questions of the highest order, centered around the scope of the executive power, both cases were drawn on such narrow grounds that there was hardly any effect on constitutional law doctrine.
Intoxication As A Defense In Workmen’S Compensation, Arthur Larson
Intoxication As A Defense In Workmen’S Compensation, Arthur Larson
Faculty Scholarship
No abstract provided.
Conflicts Between Seamen’S Remedies And Workmen’S Compensation Acts, Arthur Larson
Conflicts Between Seamen’S Remedies And Workmen’S Compensation Acts, Arthur Larson
Faculty Scholarship
No abstract provided.
Control Arrangements In Close Corporations, F. Hodge O'Neal, Ronald R. Janke
Control Arrangements In Close Corporations, F. Hodge O'Neal, Ronald R. Janke
Faculty Scholarship
No abstract provided.
Book Review, George C. Christie
Book Review, George C. Christie
Faculty Scholarship
Reviewing William Twining, Karl Llwellyn and the Realist Movement (1973)
United States Appeals In Civil Cases: A Field And Statistical Study, Paul D. Carrington
United States Appeals In Civil Cases: A Field And Statistical Study, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Haunting Shadows From The Rubble Of Roe’S Right Of Privacy, Jacqueline Nolan-Haley
Haunting Shadows From The Rubble Of Roe’S Right Of Privacy, Jacqueline Nolan-Haley
Faculty Scholarship
No abstract provided.
Pregnancy And The Constitution: The Uniqueness Trap, Katharine T. Bartlett
Pregnancy And The Constitution: The Uniqueness Trap, Katharine T. Bartlett
Faculty Scholarship
No abstract provided.
Hart And Wechsler's The Federal Courts And Federal System, Henry Paul Monaghan
Hart And Wechsler's The Federal Courts And Federal System, Henry Paul Monaghan
Faculty Scholarship
The first edition of Hart & Wechsler's The Federal Courts and the Federal System, published in i953, has deservedly achieved a reputation that is extraordinary among casebooks and, indeed, rare even among learned treatises. Hart & Wechsler I is more than a stimulating collection of cases and basic source material, and its scope is not confined to the operation and functioning of the federal courts in the federal system. Through its extensive notes and its inimitable leading questions, the book constantly raised questions which have "prodded … students and [teachers] to think over their heads about the deepest problems …
The Characterization Of A Vessel As A Common Or Private Carrier, Frank Chiang
The Characterization Of A Vessel As A Common Or Private Carrier, Frank Chiang
Faculty Scholarship
No abstract provided.
Drug Control In Iran: A Legal And Historical Analysis, Thomas Quinn
Drug Control In Iran: A Legal And Historical Analysis, Thomas Quinn
Faculty Scholarship
No abstract provided.
Environmental Protection By Coastal States: The Paradigm From Marine Transport Of Petroleum, Joseph Sweeney
Environmental Protection By Coastal States: The Paradigm From Marine Transport Of Petroleum, Joseph Sweeney
Faculty Scholarship
No abstract provided.