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Full-Text Articles in Law

Latinos, Blacks, Others, And The New Legal Narrative, Jerome M. Culp Jan 1997

Latinos, Blacks, Others, And The New Legal Narrative, Jerome M. Culp

Faculty Scholarship

No abstract provided.


Not Bad For Government Work: Does Anyone Else Think The Supreme Court Is Doing A Halfway Decent Job In Its Erie-Hanna Jurisprudence?, Thomas D. Rowe Jr. Jan 1997

Not Bad For Government Work: Does Anyone Else Think The Supreme Court Is Doing A Halfway Decent Job In Its Erie-Hanna Jurisprudence?, Thomas D. Rowe Jr.

Faculty Scholarship

No abstract provided.


Nothing And Everything: Race, Romer, And (Gay/Lesbian/Bisexual) Rights, Robert S. Chang, Jerome Mccristal Culp Jr. Jan 1997

Nothing And Everything: Race, Romer, And (Gay/Lesbian/Bisexual) Rights, Robert S. Chang, Jerome Mccristal Culp Jr.

Faculty Scholarship

In this Article, Professors Chang and Culp propose that the Supreme Court's decision in Romer v. Evans, viewed by some scholars as a progressive case about gay/lesbian/bisexual rights, has little to do with gay/lesbian/bisexual rights as such. They argue that whatever protection Romer provides to gays, lesbians, and bisexuals is provided not because of their sexuality but, rather, despite it. The authors demonstrate their thesis by examining the racial underpinnings of the Court's opinion, which begins with Justice Harlan's famous dissent in Plessy v. Ferguson and which relies on a specific vision of ...


Renovating Discovery, Paul D. Carrington Jan 1997

Renovating Discovery, Paul D. Carrington

Faculty Scholarship

No abstract provided.


The Fundamentals Of An Electronic-Based Federal Securities Act, James D. Cox Jan 1997

The Fundamentals Of An Electronic-Based Federal Securities Act, James D. Cox

Faculty Scholarship

No abstract provided.


Agency And The Unincorporated Firm: Reflections On Design On The Same Plane Of Interest, Deborah A. Demott Jan 1997

Agency And The Unincorporated Firm: Reflections On Design On The Same Plane Of Interest, Deborah A. Demott

Faculty Scholarship

No abstract provided.


Intellectual Property Rights In Data?, Jerome H. Reichman, Pamela Samuelson Jan 1997

Intellectual Property Rights In Data?, Jerome H. Reichman, Pamela Samuelson

Faculty Scholarship

The Authors trace the evolution of hybrid intellectual property rights protecting the contents of noncopyrightable databases from early European Commission proposals sounding in unfair competition law to the strong and potentially perpetual exclusive property right embodied in the final E.C. Directive on Databases adopted in March 1996. Also Examined are parallel legislative proposals pending before Congress and the draft international treaty on the legal protection of databases to be considered at a Diplomatic Conference hosted by the World Intellectual Property Organization in December 1996. The Authors endorse the need to provide some ancillary legal relief for investors in the ...


What Would Be The Impact Of Eliminating Affirmative Action?, Erwin Chemerinsky Jan 1997

What Would Be The Impact Of Eliminating Affirmative Action?, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


More Speech Is Better, Erwin Chemerinsky Jan 1997

More Speech Is Better, Erwin Chemerinsky

Faculty Scholarship

In this Reply, Professor Chemerinsky argues that the application of First Amendment principles to private institutions is desirable. Under traditional law, the free speech interests of private institutions are always favored over the free speech interests of individuals. Transporting First Amendment norms to the private sector is desirable because more speech is generally best and private power can chill and prevent speech just as much as government actions. Courts should balance the competing free speech interests of institutions and individuals, rather than always siding with the institution over the individual.


Decision-Makers: In Defense Of Courts, Erwin Chemerinsky Jan 1997

Decision-Makers: In Defense Of Courts, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


The Current Illegitimacy Of International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith Jan 1997

The Current Illegitimacy Of International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith

Faculty Scholarship

No abstract provided.


As A Matter Of Factions: The Budgetary Implications Of Shifting Factional Control In Japan’S Ldp, Mathew D. Mccubbins, Michael F. Thies Jan 1997

As A Matter Of Factions: The Budgetary Implications Of Shifting Factional Control In Japan’S Ldp, Mathew D. Mccubbins, Michael F. Thies

Faculty Scholarship

For 38 years, the Liberal Democratic Party (LDP) maintained single-party control over the Japanese government. This lack of partisan turnover in government has frustrated attempts to explain Japanese government policy changes using political variables. In this paper, we look for intraparty changes that may have led to changes in Japanese budgetary policy. Using a simple model of agenda-setting, we hypothesize that changes in which intraparty factions “control” the LDP affect the party’s decisions over spending priorities systematically. This runs contrary to the received wisdom in the voluminous literature on LDP factions, which asserts that factions, whatever their raison d ...


Fiduciaries, Misappropriators And The Murky Outlines Of The Den Of Thieves: A Conceptual Continuum For Analyzing United States V. O’Hagan,, Kimberly D. Krawiec Jan 1997

Fiduciaries, Misappropriators And The Murky Outlines Of The Den Of Thieves: A Conceptual Continuum For Analyzing United States V. O’Hagan,, Kimberly D. Krawiec

Faculty Scholarship

No abstract provided.


Renaissance Matters, Richard A. Danner Jan 1997

Renaissance Matters, Richard A. Danner

Faculty Scholarship

No abstract provided.


Judicial Overkill In Applying The Rule In Shelley’S Case, William A. Reppy Jr. Jan 1997

Judicial Overkill In Applying The Rule In Shelley’S Case, William A. Reppy Jr.

Faculty Scholarship

No abstract provided.


Rethinking Cooperation Among Judges In Mass Tort Litigation, Francis Mcgovern Jan 1997

Rethinking Cooperation Among Judges In Mass Tort Litigation, Francis Mcgovern

Faculty Scholarship

No abstract provided.


Corporate Debt Restructurings In Mexico: For Foreign Creditors, Insolvency Law Is Only Half The Story, Kimberly D. Krawiec Jan 1997

Corporate Debt Restructurings In Mexico: For Foreign Creditors, Insolvency Law Is Only Half The Story, Kimberly D. Krawiec

Faculty Scholarship

No abstract provided.


Fourth Amendment Accommodations: (Un)Compelling Public Needs, Balancing Acts, And The Fiction Of Consent, Guy-Uriel Charles Jan 1997

Fourth Amendment Accommodations: (Un)Compelling Public Needs, Balancing Acts, And The Fiction Of Consent, Guy-Uriel Charles

Faculty Scholarship

The problems of public housing-including crime, drugs, and gun violence- have received an enormous amount of national attention. Much attention has also focused on warrantless searches and consent searches as solutions to these problems. This Note addresses the constitutionality of these proposals and asserts that if the Supreme Court's current Fourth Amendment jurisprudence is taken to its logical extremes, warrantless searches in public housing can be found constitutional. The author argues, however, that such an interpretation fails to strike the proper balance between public need and privacy in the public housing context. The Note concludes by proposing alternative consent-based ...


Customary International Law As Federal Common Law: A Critique Of The Modern Position, Curtis A. Bradley, Jack L. Goldsmith Jan 1997

Customary International Law As Federal Common Law: A Critique Of The Modern Position, Curtis A. Bradley, Jack L. Goldsmith

Faculty Scholarship

In the last twenty years, a consensus has developed among courts and scholars that customary international law has the status of federal common law. We label this consensus the "modern position." Courts have endorsed the modern position primarily to support their conclusion that international human rights lawsuits between aliens "arise under" the laws of the United States for purposes of Article III of the Constitution. Scholars have pushed the consequences of the modern position further by arguing that customary international law preempts inconsistent state law under the Supremacy Clause, binds the President under the Take Care Clause, and even supersedes ...


Territorial Intellectual Property Rights In An Age Of Globalism, Curtis A. Bradley Jan 1997

Territorial Intellectual Property Rights In An Age Of Globalism, Curtis A. Bradley

Faculty Scholarship

No abstract provided.


Tax And The Married Woman, Lawrence A. Zelenak Jan 1997

Tax And The Married Woman, Lawrence A. Zelenak

Faculty Scholarship

Reviewing, Edward J. McCaffery, Taxing Women (1997)


Foreign Investment Cycles In Emerging Economies, Amy L. Chua Jan 1997

Foreign Investment Cycles In Emerging Economies, Amy L. Chua

Faculty Scholarship

No abstract provided.


More Than Just New Financial Bingo: A Risk-Based Approach To Understanding Derivatives, Kimberly D. Krawiec Jan 1997

More Than Just New Financial Bingo: A Risk-Based Approach To Understanding Derivatives, Kimberly D. Krawiec

Faculty Scholarship

The large losses suffered by investors in financial derivatives during recent years have prompted a wave of litigation, as well as proposals from Congress and regulatory agencies for increased monitoring of derivatives markets. Many, including some members of Congress and even "industry experts," are uneasy with the growing use of derivatives. Yet many market participants and others knowledgeable about this growing industry insist that derivatives serve an important, and perhaps vital, purpose by allowing investors to better manage the financial risks associated with their business transactions.

I define the term derivative and briefly discuss the history, uses and types of ...


Justice In The Wake Of Genocide: The Case Of Rwanda, Madeline Morris Jan 1997

Justice In The Wake Of Genocide: The Case Of Rwanda, Madeline Morris

Faculty Scholarship

During three months in 1994, genocide was committed in Rwanda. Two years after those events, and notwithstanding efforts at both national and international levels to bring the perpetrators to justice, the first case has yet to go to trial. Over the past months, I have worked closely with the government of Rwanda on justice issues in the course of a research project that I am doing on the role of national and international tribunals in the former Yugoslavia, Ethiopia, and Rwanda. I would like to share with you some observations arising from that work. I will examine the approaches to ...


Defining A Profession: Some Initial Problems, Richard A. Danner Jan 1997

Defining A Profession: Some Initial Problems, Richard A. Danner

Faculty Scholarship

Professor Danner looks at the literature of the profession for insight into the relationships among librarians and other information professionals in the workplace, and to see how increasing reliance on technology in the work of all information professionals (and their clients) will affect roles and relationships in the future. He draws upon examples from American law librarianship to show current trends and developments.


Foucault In Cyberspace: Surveillance, Sovereignty, And Hardwired Censors, James Boyle Jan 1997

Foucault In Cyberspace: Surveillance, Sovereignty, And Hardwired Censors, James Boyle

Faculty Scholarship

This is an essay about law in cyberspace. I focus on three interdependent phenomena: a set of political and legal assumptions that I call the jurisprudence of digital libertarianism, a separate but related set of beliefs about the state's supposed inability to regulate the Internet, and a preference for technological solutions to hard legal issues on-line. I make the familiar criticism that digital libertarianism is inadequate because of its blindness towards the effects of private power, and the less familiar claim that digital libertarianism is also surprisingly blind to the state's own power in cyberspace. In fact, I ...


The Constitutional Law Scholarship Of Thomas Mcintyre Cooley, Paul D. Carrington Jan 1997

The Constitutional Law Scholarship Of Thomas Mcintyre Cooley, Paul D. Carrington

Faculty Scholarship

No abstract provided.


Equal Treatment For Shareholders: An Essay, James D. Cox Jan 1997

Equal Treatment For Shareholders: An Essay, James D. Cox

Faculty Scholarship

No abstract provided.


Formalism And Functionalism In Federalism Analysis, Erwin Chemerinsky Jan 1997

Formalism And Functionalism In Federalism Analysis, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


The Defensive Use Of Federal Class Actions In Mass Torts, Francis Mcgovern Jan 1997

The Defensive Use Of Federal Class Actions In Mass Torts, Francis Mcgovern

Faculty Scholarship

No abstract provided.