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Full-Text Articles in Law

Diversity, Mulitculturalism, And Affirmative Action: Duke, The Nas, And Apartheid, Jerome Mccristal Culp Jr. Jul 1992

Diversity, Mulitculturalism, And Affirmative Action: Duke, The Nas, And Apartheid, Jerome Mccristal Culp Jr.

Faculty Scholarship

No abstract provided.


The Unfair Criticism Of Medical Malpractice Juries, Neil Vidmar Jan 1992

The Unfair Criticism Of Medical Malpractice Juries, Neil Vidmar

Faculty Scholarship

No abstract provided.


Fiduciary Obligation Under Intellectual Siege: Contemporary Challenges To The Duty To Be Loyal, Deborah A. Demott Jan 1992

Fiduciary Obligation Under Intellectual Siege: Contemporary Challenges To The Duty To Be Loyal, Deborah A. Demott

Faculty Scholarship

No abstract provided.


The Lawless Execution Of Robert Alton Harris, Erwin Chemerinsky, Evan Caminker Jan 1992

The Lawless Execution Of Robert Alton Harris, Erwin Chemerinsky, Evan Caminker

Faculty Scholarship

No abstract provided.


The Supreme Court And The Fourteenth Amendment: The Unfulfilled Promise, Erwin Chemerinsky Jan 1992

The Supreme Court And The Fourteenth Amendment: The Unfulfilled Promise, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Rationalizing Jurisdiction, Erwin Chemerinsky Jan 1992

Rationalizing Jurisdiction, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


A Theory Of Law And Information: Copyright, Spleens, Blackmail, And Insider Trading, James Boyle Jan 1992

A Theory Of Law And Information: Copyright, Spleens, Blackmail, And Insider Trading, James Boyle

Faculty Scholarship

In this Article, Professor Boyle undertakes an analysis of the law's treatment of information across four apparently disparate realms: copyright, genetic information, blackmail, and insider trading. He argues that questions of information regulation, commodification, and access are shaped by two neglected processes of interpretive construction. First, such issues are often decided by pigeonholing them into implicitly contradictory stereotypes of "public" or "private" information. These conflicting stereotypes have their roots in basic assumptions about politics, the market, and privacy in a liberal state. Second, Professor Boyle argues that tension between these stereotypes is often apparently resolved by the use of ...


Diversity!, Paul D. Carrington Jan 1992

Diversity!, Paul D. Carrington

Faculty Scholarship

No abstract provided.


Law And Chivalry: An Exhortion From The Spirit Of The Hon. Hugh Henry Brackenridge Of Pittsburgh (1748-1816), Paul D. Carrington Jan 1992

Law And Chivalry: An Exhortion From The Spirit Of The Hon. Hugh Henry Brackenridge Of Pittsburgh (1748-1816), Paul D. Carrington

Faculty Scholarship

No abstract provided.


The Theme Of Early American Law Teaching: The Political Ethics Of Francis Lieber, Paul D. Carrington Jan 1992

The Theme Of Early American Law Teaching: The Political Ethics Of Francis Lieber, Paul D. Carrington

Faculty Scholarship

No abstract provided.


Judicial Review Of Findings Of Fact, George C. Christie Jan 1992

Judicial Review Of Findings Of Fact, George C. Christie

Faculty Scholarship

No abstract provided.


Down The Rabbit-Hole And Into The Nineties: Issues Of Accountability In The Wake Of Eighties-Style Transactions In Control, Deborah A. Demott Jan 1992

Down The Rabbit-Hole And Into The Nineties: Issues Of Accountability In The Wake Of Eighties-Style Transactions In Control, Deborah A. Demott

Faculty Scholarship

No abstract provided.


Rollups Of Limited Partnerships: Questions Of Regulation And Fairness, Deborah A. Demott Jan 1992

Rollups Of Limited Partnerships: Questions Of Regulation And Fairness, Deborah A. Demott

Faculty Scholarship

No abstract provided.


The Structure Of Entitlements, Madeline Morris Jan 1992

The Structure Of Entitlements, Madeline Morris

Faculty Scholarship

No abstract provided.


The Comprehensive Approach To Global Climate Policy: Issues Of Design And Practicality, Jonathan B. Wiener, Richard B. Stewart Jan 1992

The Comprehensive Approach To Global Climate Policy: Issues Of Design And Practicality, Jonathan B. Wiener, Richard B. Stewart

Faculty Scholarship

No abstract provided.


Defining Finality And Appealability By Court Rule: A Comment On Martineau’S “Right Problem, Wrong Solution”, Thomas D. Rowe Jr. Jan 1992

Defining Finality And Appealability By Court Rule: A Comment On Martineau’S “Right Problem, Wrong Solution”, Thomas D. Rowe Jr.

Faculty Scholarship

No abstract provided.


Assessments Of Noneconomic Damage Awards In Medical Negligence: A Comparison Of Jurors With Legal Professionals, Neil Vidmar, Jeffrey J. Rice Jan 1992

Assessments Of Noneconomic Damage Awards In Medical Negligence: A Comparison Of Jurors With Legal Professionals, Neil Vidmar, Jeffrey J. Rice

Faculty Scholarship

No abstract provided.


Positive Canons: The Role Of Legislative Bargains In Statutory Interpretation, Mathew D. Mccubbins, Roger G. Noll, Barry R. Weingast Jan 1992

Positive Canons: The Role Of Legislative Bargains In Statutory Interpretation, Mathew D. Mccubbins, Roger G. Noll, Barry R. Weingast

Faculty Scholarship

No abstract provided.


Does Treasury Have Authority To Index Basis For Inflation?, Lawrence A. Zelenak Jan 1992

Does Treasury Have Authority To Index Basis For Inflation?, Lawrence A. Zelenak

Faculty Scholarship

In this article he examines the claim, which has been publicized in recent months, that the Treasury Department could unilaterally index the capital gains tax for inflation by a new regulation interpreting code section 1012. He concludes, in light of more than seven decades of administrative, judicial and legislative history, that such unilateral action would be invalid.


Electronic Information Tools - The Outer Edge Of World Intellectual Property Law, Jerome H. Reichman Jan 1992

Electronic Information Tools - The Outer Edge Of World Intellectual Property Law, Jerome H. Reichman

Faculty Scholarship

No abstract provided.


Environmental Policy For Eastern Europe:Technology-Based Versus Market-Based Approaches, Jonathan B. Wiener, Richard B. Stewart, Donald J. Dudek Jan 1992

Environmental Policy For Eastern Europe:Technology-Based Versus Market-Based Approaches, Jonathan B. Wiener, Richard B. Stewart, Donald J. Dudek

Faculty Scholarship

No abstract provided.


Book Review, Katharine T. Bartlett Jan 1992

Book Review, Katharine T. Bartlett

Faculty Scholarship

Reviewing Patricia J. Williams, The Alchemy of Race and Rights (1991).


Minow’S Social Relations Approach: Unanswering The Unasked Questions, Katharine T. Bartlett Jan 1992

Minow’S Social Relations Approach: Unanswering The Unasked Questions, Katharine T. Bartlett

Faculty Scholarship

reviewing Martha Minow, Making All the Difference: Inclusion, Exclusion, and American Law (1990)


Overlapping Proprietary Rights In University-Generated Research Products: The Case Of Computer Programs, Jerome H. Reichman Jan 1992

Overlapping Proprietary Rights In University-Generated Research Products: The Case Of Computer Programs, Jerome H. Reichman

Faculty Scholarship

No abstract provided.


The Political Grammar Of Early Constitutional Law, H. Jefferson Powell Jan 1992

The Political Grammar Of Early Constitutional Law, H. Jefferson Powell

Faculty Scholarship

In this Article, Professor H. Jefferson Powell discusses the United States Constitution and the historical era during which it was written and adopted. He analyzes the Constitution not as a set of rules creating and organizing the federal government, but as a document that inspired political debate and the culture out of which our notions and understandings of constitutionalism grew. Professor Powell asserts that the "creation of a shared political and legal language" is perhaps one of the greatest achievements of founding-era Americans. Because deep political disagreement existed at the time, Professor Powell suggests that when we look to the ...


The Supreme Court, 1991 Term - Leading Cases, Ernest A. Young Jan 1992

The Supreme Court, 1991 Term - Leading Cases, Ernest A. Young

Faculty Scholarship

No abstract provided.


Teaching Law In The Antebellum Northwest, Paul D. Carrington Jan 1992

Teaching Law In The Antebellum Northwest, Paul D. Carrington

Faculty Scholarship

No abstract provided.


You Can Take Them To Water But You Can’T Make Them Drink: Black Legal Scholarship And White Legal Scholars, Jerome Mccristal Culp Jr. Jan 1992

You Can Take Them To Water But You Can’T Make Them Drink: Black Legal Scholarship And White Legal Scholars, Jerome Mccristal Culp Jr.

Faculty Scholarship

No abstract provided.


Voice, Perspective, Truth, And Justice: Race And The Mountain In The Legal Academy, Jerome Mccristal Culp Jr. Jan 1992

Voice, Perspective, Truth, And Justice: Race And The Mountain In The Legal Academy, Jerome Mccristal Culp Jr.

Faculty Scholarship

No abstract provided.


The Politics Of Judicial Structure: Creating The United States Court Of Veterans Appeals, Laurence R. Helfer Jan 1992

The Politics Of Judicial Structure: Creating The United States Court Of Veterans Appeals, Laurence R. Helfer

Faculty Scholarship

No abstract provided.