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Articles 1 - 30 of 52

Full-Text Articles in Law

Defining Finality And Appealability By Court Rule: A Comment On Martineau’S Right Problem, Wrong Solution, Thomas D. Rowe Jr. Apr 1993

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.


Reply: “Real” Men And History, Jerome M. Culp Jan 1993

Reply: “Real” Men And History, Jerome M. Culp

Faculty Scholarship

No abstract provided.


The Ali, Insitutionalization And Disclosure: The Quest For The Outside Director’S Spine, James D. Cox Jan 1993

The Ali, Insitutionalization And Disclosure: The Quest For The Outside Director’S Spine, James D. Cox

Faculty Scholarship

No abstract provided.


From The Editor: Delivering Documents, Richard A. Danner Jan 1993

From The Editor: Delivering Documents, Richard A. Danner

Faculty Scholarship

No abstract provided.


Civil Forfeiture: A Higher Form Of Commercial Law?, Steven L. Schwarcz, Alan E. Rothman Jan 1993

Civil Forfeiture: A Higher Form Of Commercial Law?, Steven L. Schwarcz, Alan E. Rothman

Faculty Scholarship

In this Article, Messrs. Schwarcz and Rothman analyze the disquieting impact of civil forfeiture law on creditors' rights. The Article begins by describing the historical origins of civil forfeiture and its development into current day law. The Article then explores the tension between forfeiture law and commercial and bankruptcy law by examining the effect of a forfeiture action on unsecured and undersecured creditors. The Article evaluates a recent model for balancing governmental and commercial law interests, and concludes by suggesting reforms to the present civil forfeiture scheme.


Prior Similar Acts In Prosecutions For Rape And Child Sex Abuse, Sara Sun Beale Jan 1993

Prior Similar Acts In Prosecutions For Rape And Child Sex Abuse, Sara Sun Beale

Faculty Scholarship

No abstract provided.


Improving The Summary Jury Trial, Thomas B. Metzloff Jan 1993

Improving The Summary Jury Trial, Thomas B. Metzloff

Faculty Scholarship

Although the summary jury trial has been used for more than a decade, it remains controversial. To improve its value as a "niche" ADR device, litigants should take advantage of its flexibility, focusing especially on its potential as a binding process.


Is The Rehnquist Court Really That Conservative?: An Analysis Of The 1991-92 Term, Erwin Chemerinsky Jan 1993

Is The Rehnquist Court Really That Conservative?: An Analysis Of The 1991-92 Term, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


History, Tradition, The Supreme Court, And The First Amendment, Erwin Chemerinsky Jan 1993

History, Tradition, The Supreme Court, And The First Amendment, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Constitutional Investigations, H. Jefferson Powell Jan 1993

Constitutional Investigations, H. Jefferson Powell

Faculty Scholarship

No abstract provided.


Legal Realism And The Social Contract: Fuller’S Public Jurisprudence Of Form, Private Jurisprudence Of Substance, James Boyle Jan 1993

Legal Realism And The Social Contract: Fuller’S Public Jurisprudence Of Form, Private Jurisprudence Of Substance, James Boyle

Faculty Scholarship

No abstract provided.


Comment On Derrick Bell’S “Diversity And Academic Freedom”, Paul D. Carrington Jan 1993

Comment On Derrick Bell’S “Diversity And Academic Freedom”, Paul D. Carrington

Faculty Scholarship

No abstract provided.


Meaning And Professionalism In American Law, Paul D. Carrington Jan 1993

Meaning And Professionalism In American Law, Paul D. Carrington

Faculty Scholarship

No abstract provided.


Self-Dealing Transactions In Nonprofit Corporations, Deborah A. Demott Jan 1993

Self-Dealing Transactions In Nonprofit Corporations, Deborah A. Demott

Faculty Scholarship

No abstract provided.


Afterword, Robinson O. Everett Jan 1993

Afterword, Robinson O. Everett

Faculty Scholarship

No abstract provided.


The University In The Manner Of Tiananmen Square, William W. Van Alstyne Jan 1993

The University In The Manner Of Tiananmen Square, William W. Van Alstyne

Faculty Scholarship

The university academic council assembled in the room where it customarily met.


“Thirty Pieces Of Silver” For The Rights Of Your People: Irresistible Offers Reconsidered As A Matter Of State Constitutional Law, William W. Van Alstyne Jan 1993

“Thirty Pieces Of Silver” For The Rights Of Your People: Irresistible Offers Reconsidered As A Matter Of State Constitutional Law, William W. Van Alstyne

Faculty Scholarship

In recent decades there has arisen a renewed interest in state constitutional law provisions that parallel the provisions in the Bill of Rights and the Fourteenth Amendment.


What Do You Think About The Twenty-Seventh Amendment?, William W. Van Alstyne Jan 1993

What Do You Think About The Twenty-Seventh Amendment?, William W. Van Alstyne

Faculty Scholarship

"What do you think about the twenty-seventh amendment," I asked my aching head just last week.


Marriage And The Income Tax, Lawrence A. Zelenak Jan 1993

Marriage And The Income Tax, Lawrence A. Zelenak

Faculty Scholarship

No abstract provided.


Remembering Jefferson, Paul D. Carrington Jan 1993

Remembering Jefferson, Paul D. Carrington

Faculty Scholarship

No abstract provided.


What States Owe Outsiders, Matthew D. Adler Jan 1993

What States Owe Outsiders, Matthew D. Adler

Faculty Scholarship

No abstract provided.


Making The Case For A Constitutional Right To Minimum Entitlements, Erwin Chemerinsky Jan 1993

Making The Case For A Constitutional Right To Minimum Entitlements, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Copyright And The Constitution In The Age Of Intellectual Property, David L. Lange Jan 1993

Copyright And The Constitution In The Age Of Intellectual Property, David L. Lange

Faculty Scholarship

Twenty-Second Annual Donald Brace Memorial Lecture to the United States Copyright Society at Columbia Law School, April 22, 1992. Reprinted substantially as given, with the addition of footnotes for clarity.


The Pc Harangue, James Boyle Jan 1993

The Pc Harangue, James Boyle

Faculty Scholarship

No abstract provided.


Passage Home To India, Mitu Gulati Jan 1993

Passage Home To India, Mitu Gulati

Faculty Scholarship

No abstract provided.


Rumpelstiltskin (Review Essay), Katharine T. Bartlett Jan 1993

Rumpelstiltskin (Review Essay), Katharine T. Bartlett

Faculty Scholarship

Professor Bartlett's article is one of five commentaries continuing the debate concerning human sexuality and its regulation begun by Judge Richard Posner's in his book, Sex and Reason (1992). Bartlett's essay responds generally to the book and specifically to his application of economic principles to sexuality.


Book Review, Curtis A. Bradley, Jack L. Goldsmith Jan 1993

Book Review, Curtis A. Bradley, Jack L. Goldsmith

Faculty Scholarship

Reviewing, Gary B. Born & David Westin, International Civil Litigation in the United States Courts (1992) (with Jack L. Goldsmith)


Culture Of Battering And The Role Of Meditation In Domestic Violence Cases, Neil Vidmar, Karla Fischer, René Stemple Ellis Jan 1993

Culture Of Battering And The Role Of Meditation In Domestic Violence Cases, Neil Vidmar, Karla Fischer, René Stemple Ellis

Faculty Scholarship

No abstract provided.


Remaking Confrontation Clause And Hearsay Doctrine Under The Challenge Of Child Sexual Abuse Prosecutions, Robert P. Mosteller Jan 1993

Remaking Confrontation Clause And Hearsay Doctrine Under The Challenge Of Child Sexual Abuse Prosecutions, Robert P. Mosteller

Faculty Scholarship

No abstract provided.


Regulatory Competition In Securities Markets: An Approach For Reconciling Japanese And United States Disclosure Philosophies, James D. Cox Jan 1993

Regulatory Competition In Securities Markets: An Approach For Reconciling Japanese And United States Disclosure Philosophies, James D. Cox

Faculty Scholarship

No abstract provided.