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Articles 31 - 60 of 405
Full-Text Articles in Law
The Necessity Of (And The Threat Posed By) Consumer Financial Education For The New Financial Conglomerates, James A. Fanto
The Necessity Of (And The Threat Posed By) Consumer Financial Education For The New Financial Conglomerates, James A. Fanto
Faculty Scholarship
No abstract provided.
Enforcement Of Federal Private Rights Against States After Alden V. Maine: The Importance Of Hutto V. Finney And Compensation Via Civil Contempt Proceedings, Gordon G. Young
Faculty Scholarship
No abstract provided.
The Practice Of Law, Karen H. Rothenberg
The Canon And The Constitution Outside The Courts, Sotirios Barber, James E. Fleming
The Canon And The Constitution Outside The Courts, Sotirios Barber, James E. Fleming
Faculty Scholarship
What would it mean for "the canon of constitutional law" if we were to take seriously "the Constitution outside the courts"? What would happen to the canon if we were to distinguish (as Cass Sunstein and Larry Sager do) between the partial, judicially enforceable Constitution and the Constitution that imposes higher obligations upon legislatures, executives, and citizens generally to Fursue constitutional ends or to secure constitutional rights? How would the canon be affected by "taking the Constitution away from the courts," as Mark Tushnet proposes,2 or by adopting what Sandy Levinson has called a "Protestant" rather than a court-centered "Catholic" …
In Memoriam: Celebration Of The Life Of Michael Ward Melton, Frances H. Miller
In Memoriam: Celebration Of The Life Of Michael Ward Melton, Frances H. Miller
Faculty Scholarship
Mike and I became instant friends when we met almost twenty years ago. We happened to live in the same town, but it wasn't that. Truth is, we rarely saw one another there before he became ill. He patronized the fancy up-market for his food shopping--probably because they had better stuff for his beloved dogs and cat--while I went to the more plebian Star Market. Occasionally, we bumped into one another at the town dump, where we traded a few snide observations about the quality of one another's trash. But such intimacy was never the source of our friendship.
The Parsimony Of Libertarianism, James E. Fleming
The Parsimony Of Libertarianism, James E. Fleming
Faculty Scholarship
I want to begin by congratulating Randy Barnett on writing The Structure of Liberty,' one of the most radical and provocative works of political and legal theory that I have ever read. I consider myself to be a liberal who prizes liberty. Barnett claims to provide an account of the structure of liberty along with "[t]he liberal conception of justice" and the rule of law.2 His is a radical libertarian account centrally concerned with protecting the fundamental natural rights of property, first possession, freedom of contract, and self-defense. In Barnett's world, the fabled libertarian night-watchman state has been downsized and …
One Size Does Not Fit All: The Third Multi-Track Restatement Of Conflict Of Laws, Aaron Twerski
One Size Does Not Fit All: The Third Multi-Track Restatement Of Conflict Of Laws, Aaron Twerski
Faculty Scholarship
No abstract provided.
Wrongful Death: Oklahoma Supreme Court Replaces Viability Standard With "Live Birth" Standard, Fatma Marouf
Wrongful Death: Oklahoma Supreme Court Replaces Viability Standard With "Live Birth" Standard, Fatma Marouf
Faculty Scholarship
Since the United States Supreme Court decision of Roe v. Wade, the line of viability for human fetuses has been consistently pushed back to earlier and earlier gestational ages. Granting "person" status to a nonviable fetus, even if only for purposes of the wrongful death statute, as the Oklahoma Supreme Court did in Nealis v. Baird, represents an important expansion of fetal rights. Although the court explicitly limited its decision to nonviable fetuses born alive, Judge Opala conceded that much of his opinion could apply equally to stillborn fetuses. The court's decision in Nealis raises important questions about …
American Lawyers And International Competence, Charlotte Ku, Christopher J. Borgen
American Lawyers And International Competence, Charlotte Ku, Christopher J. Borgen
Faculty Scholarship
Lawyers trained in U.S. law schools learn that the Constitution gives Congress the power "[t]o define and punish... offenses against the Law of Nations." Some might also be able to cite the oft-quoted dicta from the Supreme Court's decision in The Paquete Habana that "International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction, as often as questions of right depending upon it are duly presented for their determination." But what does this mean for today's practitioner? One century after Paquete Habana, we ask what is international law, …
Paradox Of Family Privacy, David D. Meyer
I Said No, Mary Margaret Penrose
I Said No, Mary Margaret Penrose
Faculty Scholarship
I SAID, "NO" For those who would disallow me the freedom to love
Spandau Revisited: The Question Of Detention For International War Crimes, Mary Margaret Penrose
Spandau Revisited: The Question Of Detention For International War Crimes, Mary Margaret Penrose
Faculty Scholarship
Drazen Erdemovic. The name may be unfamiliar to many outside the former Yugoslavia. The name will surely be unknown by most people outside the international community and those committed to the universal protection of human rights through criminal prosecution. Drazen Erdemovic is a confessed killer. Drazen Erdemovic has confessed to killing somewhere between seventy and one hundred unarmed Muslims in a mass execution as a member of the Bosnian Serb army in July 1995. In this regard, he is the first convicted defendant to stem from the International Criminal Tribunal for the former Yugoslavia (ICTY) established by the United Nations …
Law Making For The Baby Making: An Interpretive Approach To The Determination Of Legal Parentage, Marsha Garrison
Law Making For The Baby Making: An Interpretive Approach To The Determination Of Legal Parentage, Marsha Garrison
Faculty Scholarship
No abstract provided.
Orientalism Revisited In Asylum And Refugee Claims, Susan M. Akram
Orientalism Revisited In Asylum And Refugee Claims, Susan M. Akram
Faculty Scholarship
This article examines the stereotyping of Islam both by advocates and academics in refugee rights advocacy. The article looks at a particular aspect of this stereotyping, which can be seen as ‘neo-Orientalism’ occurring in the asylum and refugee context, particularly affecting women, and the damage that it does to refugee rights both in and outside the Arab and Muslim world. The article points out the dangers of neo-orientalism in framing refugee law issues, and asks for a more thoughtful and analytical approach by Western refugee advocates and academics on the panoply of Muslim attitudes and Islamic thought affecting applicants for …
Shooting From The Lip: United States V. Dickerson, Role [Im]Morality, And The Ethics Of Legal Rhetoric, Elizabeth Fajans, Mary R. Falk
Shooting From The Lip: United States V. Dickerson, Role [Im]Morality, And The Ethics Of Legal Rhetoric, Elizabeth Fajans, Mary R. Falk
Faculty Scholarship
No abstract provided.
Foreword: Still Unfinished, Ever Unfinished, Anita Bernstein
Foreword: Still Unfinished, Ever Unfinished, Anita Bernstein
Faculty Scholarship
No abstract provided.
The Locus Of Lawmaking: Uniform State Law, Federal Law, And Bankruptcy Reform, Edward J. Janger
The Locus Of Lawmaking: Uniform State Law, Federal Law, And Bankruptcy Reform, Edward J. Janger
Faculty Scholarship
No abstract provided.
Will Convergence Of Financial Disclosure Standards Change Sec Regulation Of Foreign Issuers, Roberta S. Karmel
Will Convergence Of Financial Disclosure Standards Change Sec Regulation Of Foreign Issuers, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Agency Adjudication, The Importance Of Facts And The Limitations Of Labels, William D. Araiza
Agency Adjudication, The Importance Of Facts And The Limitations Of Labels, William D. Araiza
Faculty Scholarship
No abstract provided.
Applying Fiduciary Responsibilities In The Managed Care Context, Michael Cahill, Peter Jacobson
Applying Fiduciary Responsibilities In The Managed Care Context, Michael Cahill, Peter Jacobson
Faculty Scholarship
No abstract provided.
When Those Who Do Teach: The Consequences Of Law Firm Education For Business Law Education, James A. Fanto
When Those Who Do Teach: The Consequences Of Law Firm Education For Business Law Education, James A. Fanto
Faculty Scholarship
No abstract provided.
Minnesota Lawyers Evaluate Law Schools, Training And Job Satisfaction, John O. Sonsteng
Minnesota Lawyers Evaluate Law Schools, Training And Job Satisfaction, John O. Sonsteng
Faculty Scholarship
The MacCrate Report was published in 1992 and detailed the findings of a task force established by the American Bar Association. The purpose of the task force was to examine a perceived “gap” between legal education and law practice. The Report concluded that law schools needed to affirm their commitment to train students to practice effectively in the legal profession. This article analyzes the results of several surveys, each seeking to determine to what extent law schools provided Minnesota lawyers consistent training in the practice skills areas identified in the MacCrate Report. The findings discussed in this article were gleaned …
“The Little Project:” From Alternative Families To Domestic Partnerships To Same-Sex Marriage, Barbara Cox
“The Little Project:” From Alternative Families To Domestic Partnerships To Same-Sex Marriage, Barbara Cox
Faculty Scholarship
No abstract provided.
Time And Money: One State's Regulation Of Check-Based Loans, Deborah A. Schmedemann
Time And Money: One State's Regulation Of Check-Based Loans, Deborah A. Schmedemann
Faculty Scholarship
This article, which is part narrative and part essay, describes one professor's experience working on “check cashing” (or “check-based loans”) cases at the Appalachian Research and Defense Fund in eastern Kentucky. Parts I and II describe the typical check-based loan transaction and its effects on low-income consumers. Part III recounts how the law of check-based loans has developed in Kentucky, during the professor’s time there and since. Part IV sets forth some observations about language and legal process, suggested by the preceding narrative.
Awards In Pope & Talbot, Inc. V. Government Of Canada: Introduction, William S. Dodge
Awards In Pope & Talbot, Inc. V. Government Of Canada: Introduction, William S. Dodge
Faculty Scholarship
No abstract provided.
How Good Is Good Enough? Expert Evidence Under Daubert And Kumho, David L. Faigman, David H. Kaye, Michael J. Saks, Joseph Sanders
How Good Is Good Enough? Expert Evidence Under Daubert And Kumho, David L. Faigman, David H. Kaye, Michael J. Saks, Joseph Sanders
Faculty Scholarship
No abstract provided.
The Law's Scientific Revolution: Reflections And Ruminations On The Law's Use Of Experts In Year Seven Of The Revolution, David L. Faigman
The Law's Scientific Revolution: Reflections And Ruminations On The Law's Use Of Experts In Year Seven Of The Revolution, David L. Faigman
Faculty Scholarship
No abstract provided.
Increasing Access To Emergency Contraceptive Pills Through State Law Enabled Dependent Pharmacist Prescribers, Heather M. Field
Increasing Access To Emergency Contraceptive Pills Through State Law Enabled Dependent Pharmacist Prescribers, Heather M. Field
Faculty Scholarship
No abstract provided.
The Battle For Hetch Hetchy Goes To Congress, Brian E. Gray
The Battle For Hetch Hetchy Goes To Congress, Brian E. Gray
Faculty Scholarship
No abstract provided.
From Watergate To Generation Next: Opening Remarks, Rory K. Little
From Watergate To Generation Next: Opening Remarks, Rory K. Little
Faculty Scholarship
No abstract provided.