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Articles 1 - 30 of 63

Full-Text Articles in Law

Markets, Democracy, And Ethnicity: Toward A New Paradigm For Law And Development, Amy L. Chua Oct 1998

Markets, Democracy, And Ethnicity: Toward A New Paradigm For Law And Development, Amy L. Chua

Faculty Scholarship

No abstract provided.


Indemnity Or Compensation? The Contract With America, Loser-Pays Attorney Fee Shifting, And A One-Way Alternative, Thomas D. Rowe Jr. Jan 1998

Indemnity Or Compensation? The Contract With America, Loser-Pays Attorney Fee Shifting, And A One-Way Alternative, Thomas D. Rowe Jr.

Faculty Scholarship

No abstract provided.


Quo Vadis, Posadas?, William W. Van Alstyne Jan 1998

Quo Vadis, Posadas?, William W. Van Alstyne

Faculty Scholarship

This examination looks at Virginia's ban on speech advertising motorcycles and revisits the question raised in the Posadas decision - may a state ban speech about a legal product the state could ban if it so desired. This article uses comparisons to the government employee speech cases to further illuminate the issue.


Concretizing Human Rights, Laurence R. Helfer Jan 1998

Concretizing Human Rights, Laurence R. Helfer

Faculty Scholarship

reviewing Francisco Forest Martin et al., International Human Rights Law and Practice: Cases, Treaties and Materials (1997)


Preliminary Observations: Asymmetrical Warfare And The Western Mindset, Charles J. Dunlap Jr. Jan 1998

Preliminary Observations: Asymmetrical Warfare And The Western Mindset, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Privatautonomie Und Privatkodifikation – Zu Anwendbarkeit Und Geltung Allgemeiner Vertragsrechtsprinzipien, Ralf Michaels Jan 1998

Privatautonomie Und Privatkodifikation – Zu Anwendbarkeit Und Geltung Allgemeiner Vertragsrechtsprinzipien, Ralf Michaels

Faculty Scholarship

No abstract provided.


The Faces Of Loyalty: A Comment On Hillman, “Loyalty In The Firm: A Statement Of General Principles On The Duties Of Partners Withdrawing From Law Firms”, Deborah A. Demott Jan 1998

The Faces Of Loyalty: A Comment On Hillman, “Loyalty In The Firm: A Statement Of General Principles On The Duties Of Partners Withdrawing From Law Firms”, Deborah A. Demott

Faculty Scholarship

No abstract provided.


The Lawyer As Agent, Deborah A. Demott Jan 1998

The Lawyer As Agent, Deborah A. Demott

Faculty Scholarship

No abstract provided.


Privately Legislated Intellectual Property Rights: Reconciling Freedom Of Contract With Public Good Uses Of Information, Jerome H. Reichman Jan 1998

Privately Legislated Intellectual Property Rights: Reconciling Freedom Of Contract With Public Good Uses Of Information, Jerome H. Reichman

Faculty Scholarship

No abstract provided.


A Revised Prospectus For A Third Restatement Of Agency, Deborah A. Demott Jan 1998

A Revised Prospectus For A Third Restatement Of Agency, Deborah A. Demott

Faculty Scholarship

No abstract provided.


Saving The Family From The Reformers, Katharine T. Bartlett Jan 1998

Saving The Family From The Reformers, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.


Silence Is Not Golden: Protecting Lawyer Speech Under The First Amendment, Erwin Chemerinsky Jan 1998

Silence Is Not Golden: Protecting Lawyer Speech Under The First Amendment, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Efficiency-Wages, Tournaments, And Descrimination: A Theory Of Employment Descrimination Law For ‘High-Level’ Jobs, Mitu Gulati, David Charny Jan 1998

Efficiency-Wages, Tournaments, And Descrimination: A Theory Of Employment Descrimination Law For ‘High-Level’ Jobs, Mitu Gulati, David Charny

Faculty Scholarship

No abstract provided.


Reconceiving The Tournament Of Lawyers: Tracking, Seeding, And Information Control In The International Labor Markets Of Elite Law Firms, Mitu Gulati, David B. Wilkins Jan 1998

Reconceiving The Tournament Of Lawyers: Tracking, Seeding, And Information Control In The International Labor Markets Of Elite Law Firms, Mitu Gulati, David B. Wilkins

Faculty Scholarship

No abstract provided.


The Status Of Customary International Law In U.S. Courts—Before And After ‘Erie’, Curtis A. Bradley Jan 1998

The Status Of Customary International Law In U.S. Courts—Before And After ‘Erie’, Curtis A. Bradley

Faculty Scholarship

No abstract provided.


Moths To The Light: The Dubious Attractions Of American Law, Paul D. Carrington Jan 1998

Moths To The Light: The Dubious Attractions Of American Law, Paul D. Carrington

Faculty Scholarship

No abstract provided.


Don’T Ask, Just Tell: Insider Trading After United States V. O’Hagan, Kimberly D. Krawiec, Richard W. Painter, Cynthia A. Williams Jan 1998

Don’T Ask, Just Tell: Insider Trading After United States V. O’Hagan, Kimberly D. Krawiec, Richard W. Painter, Cynthia A. Williams

Faculty Scholarship

The United States Supreme Court validated the misappropriation theory in United States v. O'Hagan, but unfortunately rendered a confusing opinion that left many questions unresolved. In this article we discuss the history of the Supreme Court's Section 10(b) jurisprudence as it relates to insider trading, giving particular attention to the Court's insistence prior to O'Hagan that "a material misrepresentation or material failure to disclose," not merely a breach of fiduciary duty, must exist to impose liability under Section 10(b). We then discuss the pervasive inconsistencies among lower courts in interpreting the misappropriation theory, and ...


Facilitating Accountability: International Guidelines Against Impunity, Madeline Morris Jan 1998

Facilitating Accountability: International Guidelines Against Impunity, Madeline Morris

Faculty Scholarship

No abstract provided.


The Performance Of The American Civil Jury: An Empirical Perspective, Neil Vidmar Jan 1998

The Performance Of The American Civil Jury: An Empirical Perspective, Neil Vidmar

Faculty Scholarship

No abstract provided.


The Durability Of Law School Reputation, Richard L. Schmalbeck Jan 1998

The Durability Of Law School Reputation, Richard L. Schmalbeck

Faculty Scholarship

No abstract provided.


Race And The Federal Income Tax: Has A Disparate Impact Case Been Made?, Richard L. Schmalbeck Jan 1998

Race And The Federal Income Tax: Has A Disparate Impact Case Been Made?, Richard L. Schmalbeck

Faculty Scholarship

No abstract provided.


Choice Of Law Rules For International Securities Transactions?, James D. Cox Jan 1998

Choice Of Law Rules For International Securities Transactions?, James D. Cox

Faculty Scholarship

No abstract provided.


Perserving An Independent Judiciary: The Need For Contribution And Expenditure Limits In Judicial Elections, Erwin Chemerinsky Jan 1998

Perserving An Independent Judiciary: The Need For Contribution And Expenditure Limits In Judicial Elections, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Incommensurability And Cost-Benefit Analysis, Matthew D. Adler Jan 1998

Incommensurability And Cost-Benefit Analysis, Matthew D. Adler

Faculty Scholarship

No abstract provided.


Rooker-Feldman: Worth Only The Power To Blow It Up?, Thomas D. Rowe Jr. Jan 1998

Rooker-Feldman: Worth Only The Power To Blow It Up?, Thomas D. Rowe Jr.

Faculty Scholarship

No abstract provided.


The Treaty Power And American Federalism, Curtis A. Bradley Jan 1998

The Treaty Power And American Federalism, Curtis A. Bradley

Faculty Scholarship

No abstract provided.


The ‘Charming Betsy’ Canon And Separation Of Powers: Rethinking The Interpretive Role Of International Law, Curtis A. Bradley Jan 1998

The ‘Charming Betsy’ Canon And Separation Of Powers: Rethinking The Interpretive Role Of International Law, Curtis A. Bradley

Faculty Scholarship

No abstract provided.


Adjudicating Copyright Claims Under The Trips Agreement: The Case For A European Human Rights Analogy, Laurence R. Helfer Jan 1998

Adjudicating Copyright Claims Under The Trips Agreement: The Case For A European Human Rights Analogy, Laurence R. Helfer

Faculty Scholarship

No abstract provided.


Civil Liability For Pure Economic Loss Under American Tort Law, Herbert Bernstein Jan 1998

Civil Liability For Pure Economic Loss Under American Tort Law, Herbert Bernstein

Faculty Scholarship

No abstract provided.


The Gentleman’S Agreement In Legal Theory And In Modern Practice: United States, Herbert Bernstein, Joachim Zekoll Jan 1998

The Gentleman’S Agreement In Legal Theory And In Modern Practice: United States, Herbert Bernstein, Joachim Zekoll

Faculty Scholarship

No abstract provided.