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Full-Text Articles in Law
Constitutional Politics: A Rejoinder, Walter E. Dellinger Iii
Constitutional Politics: A Rejoinder, Walter E. Dellinger Iii
Faculty Scholarship
No abstract provided.
Reference Theory And The Future Of Legal Reference Service, Richard A. Danner
Reference Theory And The Future Of Legal Reference Service, Richard A. Danner
Faculty Scholarship
No abstract provided.
In Defense Of Equality: A Reply To Professor Westen, Erwin Chemerinsky
In Defense Of Equality: A Reply To Professor Westen, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Management Of Multiparty Toxic Tort Litigation: Case Law And Trends Affecting Case Management, Francis Mcgovern
Management Of Multiparty Toxic Tort Litigation: Case Law And Trends Affecting Case Management, Francis Mcgovern
Faculty Scholarship
No abstract provided.
Book Review, Richard L. Schmalbeck
Book Review, Administrative Law, Lawrence G. Baxter
Book Review, Administrative Law, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
The Justice Of Economics: An Analysis Of Wealth Maximization As A Normative Goal (Review Essay), Richard L. Schmalbeck
The Justice Of Economics: An Analysis Of Wealth Maximization As A Normative Goal (Review Essay), Richard L. Schmalbeck
Faculty Scholarship
Reviewing, R. Posner,The Economics of Justice (1981).
Interpreting This Constitution: The Unhelpful Contributions Of Special Theories Of Judicial Review, William W. Van Alstyne
Interpreting This Constitution: The Unhelpful Contributions Of Special Theories Of Judicial Review, William W. Van Alstyne
Faculty Scholarship
The United States has an aged Constitution.
Navigation In The Exclusive Economic Zone, Horace B. Robertson
Navigation In The Exclusive Economic Zone, Horace B. Robertson
Faculty Scholarship
Perhaps the most significant outcome of the Third United Nations Conference on the Law of the Sea (UNCLOS Ill or "Conference") was the recognition in the Convention adopted at that Conference of the exclusive economic zone.
The Legitimacy Of Constitutional Change: Rethinking The Amendment Process, Walter E. Dellinger Iii
The Legitimacy Of Constitutional Change: Rethinking The Amendment Process, Walter E. Dellinger Iii
Faculty Scholarship
The conventional view of article V is that it leaves the task of resolving amendment process issues entirely to Congress. In this Article, Professor Dellinger contends that judicial abstentation from involvement in amendment process disputes is dictated neither by the text of article V nor by actual congressional practice nor by the weight of relevent precedent and that it is subversive of the clarity and regularity essential to legitimate constitutional change. Professor Dellinger develops a model of judicial review of amendment process issues as an alternative to the orthodox vision and applies this model to several contemporary amendment process controversies.
Foreword, Clark C. Havighurst
Current Issues In Tender Offer Regulation: Lessons From The British, Deborah A. Demott
Current Issues In Tender Offer Regulation: Lessons From The British, Deborah A. Demott
Faculty Scholarship
The recent submission to Congress of several proposed amendments to the Williams Act has again made tender offer regulation a controversial subject. Professor DeMott believes that the debate about regulatory reform can benefit from a comparative study of Britih and American tender offer rcgulation. She finds the British system instructive in three important respects. First, the British system specifically indentifies different kinds of transactions that resemble tender offers and regulates those transactions according to the hazards they create for investors. Unlike the American system, which imposes a single set of highly complex regulations only if a transaction qualifies as a …
The Business Judgment Rule In The Context Of Termination Of Derivative Suits By Independent Committees, James D. Cox, Donald E. Schwartz
The Business Judgment Rule In The Context Of Termination Of Derivative Suits By Independent Committees, James D. Cox, Donald E. Schwartz
Faculty Scholarship
No abstract provided.
Private Credentialing Of Health Care Personnel: An Antitrust Perspective, Part 1, Clark C. Havighurst, Nancy M. P. King
Private Credentialing Of Health Care Personnel: An Antitrust Perspective, Part 1, Clark C. Havighurst, Nancy M. P. King
Faculty Scholarship
This Article explores the antitrust and other implications of private credentialing and accrediting programs in the health care industry. Although such programs are usually sponsored by powerful competitor groups, they serve the procompetitive purpose of providing useful information and authoritative advice to independent decision makers. Part One examines the risk that credentialing will sometimes be unfair to competitors and deceive consumers. Its survey of common-law, antitrust, and regulatory interventions to correct such unfairness and deception seeks to determine the degree of oversight to which credentialing and similar activities have been and should be subjected. In recommending that judicial or regulatory …
Controlling Inherent Presidential Power: Providing A Framework For Judicial Review, Erwin Chemerinsky
Controlling Inherent Presidential Power: Providing A Framework For Judicial Review, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Private Credentialing Of Health Care Personnel: An Antitrust Perspective, Part 2, Clark C. Havighurst, Nancy M. P. King
Private Credentialing Of Health Care Personnel: An Antitrust Perspective, Part 2, Clark C. Havighurst, Nancy M. P. King
Faculty Scholarship
Having argued in Part One against extensive judicial or regulatory interference with private personnel credentialing in the health care field, this Article now shifts its focus to emphasize the anticompetitive hazards inherent in credentialing as practiced by professional interests. Competitor-sponsored credentialing is shown to be a vital part of a larger cartel strategy to curb competition by standardizing personnel and services and controlling the flow of information to health care consumers. Instead of altering the conclusions reached in Part One, however, Part Two sets forth a new and hitherto unexplored agenda for antitrust enforcement, one that the authors believe will …
Controlling Fraud Against The Government: The Need For Decentralized Enforcement, Erwin Chemerinsky
Controlling Fraud Against The Government: The Need For Decentralized Enforcement, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Eclecticism In Choice Of Law: Hybrid Method Or Mishmash?, William A. Reppy Jr.
Eclecticism In Choice Of Law: Hybrid Method Or Mishmash?, William A. Reppy Jr.
Faculty Scholarship
No abstract provided.
Foreword: Symposium On Hospital Law, Clark C. Havighurst
Foreword: Symposium On Hospital Law, Clark C. Havighurst
Faculty Scholarship
No abstract provided.
Health Planning And Antitrust Law: The Implied Amendment Doctrine Of The Rex Hospital Case, Clark C. Havighurst
Health Planning And Antitrust Law: The Implied Amendment Doctrine Of The Rex Hospital Case, Clark C. Havighurst
Faculty Scholarship
No abstract provided.
International Exchange Of Information In Criminal Cases, Michael E. Tigar, Austin J. Doyle Jr.
International Exchange Of Information In Criminal Cases, Michael E. Tigar, Austin J. Doyle Jr.
Faculty Scholarship
No abstract provided.
Pure Comparative Law And Legal Science In A Mixed Legal System, Lawrence G. Baxter
Pure Comparative Law And Legal Science In A Mixed Legal System, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.