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Articles 1 - 30 of 49

Full-Text Articles in Law

Understanding The Racial Discourse Of Justice Rehnquist, Jerome Mccristal Culp Jr. Apr 1994

Understanding The Racial Discourse Of Justice Rehnquist, Jerome Mccristal Culp Jr.

Faculty Scholarship

No abstract provided.


Why Cases Under The Guarantee Clause Should Be Justiciable, Erwin Chemerinsky Jan 1994

Why Cases Under The Guarantee Clause Should Be Justiciable, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Whose International Law?: Sovereignty And Non-State Groups, Benedict Kingsbury Jan 1994

Whose International Law?: Sovereignty And Non-State Groups, Benedict Kingsbury

Faculty Scholarship

This is the first of three keynote panels at this 88th Annual Meeting, under the overarching theme of "The Transformation of Sovereignty."


Afterword: Shaw V. Reno, Robinson O. Everett Jan 1994

Afterword: Shaw V. Reno, Robinson O. Everett

Faculty Scholarship

No abstract provided.


The Qur’An And The Common Law: Islamic Law Reform And The Theory Of Legal Change (Part 1), Donald L. Horowitz Jan 1994

The Qur’An And The Common Law: Islamic Law Reform And The Theory Of Legal Change (Part 1), Donald L. Horowitz

Faculty Scholarship

Part I of a two part article.


Legal Hybrids Between The Patent And Copyright Paradigms, Jerome H. Reichman Jan 1994

Legal Hybrids Between The Patent And Copyright Paradigms, Jerome H. Reichman

Faculty Scholarship

No abstract provided.


Constitutional Power And National Health Care, Christopher H. Schroeder Jan 1994

Constitutional Power And National Health Care, Christopher H. Schroeder

Faculty Scholarship

No abstract provided.


A Fundamental Inquiry Into The Statutory Rulemaking Process Of Private Legislatures, Steven L. Schwarcz Jan 1994

A Fundamental Inquiry Into The Statutory Rulemaking Process Of Private Legislatures, Steven L. Schwarcz

Faculty Scholarship

This Article examines the private rulemaking proces under which uniform state laws are formulated. It suggests that deficiencies may arise from the failure of rulemakers to step back and ask fundamental questions about the consequences of the rules being proposed and sets forth a framework for asking these questions. As part of this framework, the Article identifies and explores the meaning of underlying statutory policies, such as consistency and fairness. Although the Article's focus is on private rulemaking, it's conclusions are shown to be relevent to public rulemaking and possibly even to judicial decisionmaking.


Are Juries Competent To Decide Liability In Tort Cases Involving Scientific/Medical Issues? Some Data From Medical Malpractice, Neil Vidmar Jan 1994

Are Juries Competent To Decide Liability In Tort Cases Involving Scientific/Medical Issues? Some Data From Medical Malpractice, Neil Vidmar

Faculty Scholarship

No abstract provided.


Only Girls Wear Barrettes: Dress And Appearance Standards, Community Norms, And Workplace Equality, Katharine T. Bartlett Jan 1994

Only Girls Wear Barrettes: Dress And Appearance Standards, Community Norms, And Workplace Equality, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.


Do You Have The Right To Remain Silent?: Duties Of Disclosure In Buisness Transactions, Deborah A. Demott Jan 1994

Do You Have The Right To Remain Silent?: Duties Of Disclosure In Buisness Transactions, Deborah A. Demott

Faculty Scholarship

No abstract provided.


Forums For Punishing Offenses Against The Law Of Nations, Robinson O. Everett, Scott L. Silliman Jan 1994

Forums For Punishing Offenses Against The Law Of Nations, Robinson O. Everett, Scott L. Silliman

Faculty Scholarship

Judge Everett and Mr. Silliman introduce the Statute of the International Tribunal, which has been established by the United Nations Security Council to prosecute violations of the law of war in the territory of the former Yugoslavia. The authors outline historical precedent for the International Tribunal and propse alternative military forums for punishing offenses against the law of nations. In particular, the authors discuss whether American courts-marital and military commissions are realistic alternatives to a specially constituted international tribunal when trying such offenses. After a brief comparison of these two American military tribunals, the artical concludes that both are viable ...


An Analysis Of Mass Torts For Judges, Francis Mcgovern Jan 1994

An Analysis Of Mass Torts For Judges, Francis Mcgovern

Faculty Scholarship

No abstract provided.


The Principles Of ‘98: An Essay In Historical Retrieval, H. Jefferson Powell Jan 1994

The Principles Of ‘98: An Essay In Historical Retrieval, H. Jefferson Powell

Faculty Scholarship

No abstract provided.


The Separation Of The Religious And The Secular: A Foundational Challenge To First Amendment Theory, Laura S. Underkuffler Jan 1994

The Separation Of The Religious And The Secular: A Foundational Challenge To First Amendment Theory, Laura S. Underkuffler

Faculty Scholarship

No abstract provided.


Welcome To The Junta: The Erosion Of Civilian Control Of The U.S. Military, Charles J. Dunlap Jr. Jan 1994

Welcome To The Junta: The Erosion Of Civilian Control Of The U.S. Military, Charles J. Dunlap Jr.

Faculty Scholarship

Colonel Dunlap argues that civilian control of the United States military is eroding as a result of seemingly disparate phenomena. Colonel Dunlap first examines the American tradition of antimilitarism, which he believes no longer effectively restrains the modern armed forces. He then analyzes the effects of the military's elevated public support, the evolving nature of the leadership elite, and the increasing vulnerability of constitutional safeguards to military influence. In an effort to assess the current predicament, Colonel Dunlap introduces the new paradigm of postmodern militarism that challenges traditional notions of civilian control. Noting the potential long-term implications of excessive ...


Haymarket: Whose Name The Few Still Say With Tears, A Dramatization In Eleven Scenes, Michael E. Tigar Jan 1994

Haymarket: Whose Name The Few Still Say With Tears, A Dramatization In Eleven Scenes, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Legal Education For The People: Populism And Civic Virtue, Paul D. Carrington Jan 1994

Legal Education For The People: Populism And Civic Virtue, Paul D. Carrington

Faculty Scholarship

No abstract provided.


Lost Opportunity: The Burger Court And The Failure To Achieve Equal Educational Opportunity, Erwin Chemerinsky Jan 1994

Lost Opportunity: The Burger Court And The Failure To Achieve Equal Educational Opportunity, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Still “Learning Something Of Legislation”: The Judiciary In The History Of Labor Law, Catherine Fisk Jan 1994

Still “Learning Something Of Legislation”: The Judiciary In The History Of Labor Law, Catherine Fisk

Faculty Scholarship

No abstract provided.


There Is Still So Much To Learn From Legislation, Catherine Fisk Jan 1994

There Is Still So Much To Learn From Legislation, Catherine Fisk

Faculty Scholarship

No abstract provided.


Contract Failure In The Market For Health Services, Clark C. Havighurst Jan 1994

Contract Failure In The Market For Health Services, Clark C. Havighurst

Faculty Scholarship

Professor Havighurst examines the claim that the United States is overspending on health care. Finding much of the evidence inconclusive, he nevertheless finds one clear cause of allocative inefficiency to be unwise tax subsidies for the purchase of private health insurance. He avers, however, that a more serious problem is the market's failure to offer consumers a full range of health care choices, specifically low-cost options. Here, he makes the novel claim that overspending on health care is attributable to the failure of private contracts to specify the precise character and scope of the health services to be provided ...


The New Reno Bluesheet: A Little More Candor Regarding Prosecutorial Discretion, Sara Sun Beale Jan 1994

The New Reno Bluesheet: A Little More Candor Regarding Prosecutorial Discretion, Sara Sun Beale

Faculty Scholarship

No abstract provided.


Sex, Lies, And Dissipation: The Discourse Of Fault In A No-Fault Era, Katharine T. Bartlett, Barbara Bennett Woodhouse Jan 1994

Sex, Lies, And Dissipation: The Discourse Of Fault In A No-Fault Era, Katharine T. Bartlett, Barbara Bennett Woodhouse

Faculty Scholarship

No abstract provided.


The Alchemy Of Asset Securitization, Steven L. Schwarcz Jan 1994

The Alchemy Of Asset Securitization, Steven L. Schwarcz

Faculty Scholarship

No abstract provided.


William Gardiner Hammond And The Lieber Revival, Paul D. Carrington Jan 1994

William Gardiner Hammond And The Lieber Revival, Paul D. Carrington

Faculty Scholarship

No abstract provided.


Document Delivery In The 1990s And Beyond, Richard A. Danner Jan 1994

Document Delivery In The 1990s And Beyond, Richard A. Danner

Faculty Scholarship

The role of document delivery services in research libraries is a major topic of discussion among librarians in both Canada and the Unitd States.


From The Editor: Big Things, Richard A. Danner Jan 1994

From The Editor: Big Things, Richard A. Danner

Faculty Scholarship

No abstract provided.


Rediscovering Conservatism: Burkean Political Theory & Constitutional Interpretation, Ernest A. Young Jan 1994

Rediscovering Conservatism: Burkean Political Theory & Constitutional Interpretation, Ernest A. Young

Faculty Scholarship

Recent decisions of the Rehnquist Court--particularly the Court's 1992 decision in Planned Parenthood v. Casey--have caused many to question widely-held assumptions about the meaning of judicial conservatism. In this article, Ernest Young argues that the views of the modern judicial "conservatives" such as Judge Robert Bork and Justice Antonin Scalia are antithetical to classical conservative political theory, as exemplified by the writings and speeches of the eighteenth-century British philosopher/politician Edmund Burke. In particular, Mr. Young argues that strict adherence to the original understanding of the Constitution, judicial deference to democratic majorities, and formulation of legal directives as bright-line ...


Repealing The Law Of Unintended Consequences? Comment On Walker (2), Thomas D. Rowe Jr. Jan 1994

Repealing The Law Of Unintended Consequences? Comment On Walker (2), Thomas D. Rowe Jr.

Faculty Scholarship

Commentary on, Laurens Walker, Avoiding Surprise From Federal Civil Rule Making: The Role of Economic Analysis, 23 Journal of Legal Studies 569 (1994).