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Articles 1 - 30 of 61

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.


Jury Awards For Medical Malpractice And Post-Verdict Adjustments Of Those Awards, Neil Vidmar, Felicia Gross, Mary R. Rose Jan 1998

Jury Awards For Medical Malpractice And Post-Verdict Adjustments Of Those Awards, Neil Vidmar, Felicia Gross, Mary R. Rose

Faculty Scholarship

No abstract provided.


Removing The ‘Fuel Of Interest’ From The ‘Fire Of Genius’: Law And The Employee Inventor, 1830-1930, Catherine Fisk Jan 1998

Removing The ‘Fuel Of Interest’ From The ‘Fire Of Genius’: Law And The Employee Inventor, 1830-1930, Catherine Fisk

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.


Balancing The Rights Of Privacy And The Press: A Reply To Professor Smolla, Erwin Chemerinsky Jan 1998

Balancing The Rights Of Privacy And The Press: A Reply To Professor Smolla, Erwin Chemerinsky

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.


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.


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.


Managed Care-Work In Progress Or Stalled Experiment?, Clark C. Havighurst Jan 1998

Managed Care-Work In Progress Or Stalled Experiment?, Clark C. Havighurst

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 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.


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.


Can Constitutional Borrowing Be Justified? A Comment On Tushnet, Matthew D. Adler Jan 1998

Can Constitutional Borrowing Be Justified? A Comment On Tushnet, Matthew D. Adler

Faculty Scholarship

No abstract provided.


The Law Of Cyberwar: A Case Study From The Future, Charles J. Dunlap Jr. Jan 1998

The Law Of Cyberwar: A Case Study From The Future, Charles J. Dunlap Jr.

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.


Evidence, Proof And Persuasion In Wto Dispute Settlement - Who Bears The Burden?, Joost H. B. Pauwelyn Jan 1998

Evidence, Proof And Persuasion In Wto Dispute Settlement - Who Bears The Burden?, Joost H. B. Pauwelyn

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 ‘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.


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.


Redefining A Profession, Richard A. Danner Jan 1998

Redefining A Profession, Richard A. Danner

Faculty Scholarship

No abstract provided.


The Founders And The Presidents Authority Over Foreign Affairs, H. Jefferson Powell Jan 1998

The Founders And The Presidents Authority Over Foreign Affairs, H. Jefferson Powell

Faculty Scholarship

No abstract provided.


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

Facilitating Accountability: International Guidelines Against Impunity, Madeline Morris

Faculty Scholarship

No abstract provided.


The Concept Of Compliance As A Function Of Competing Conceptions Of International Law, Benedict Kingsbury Jan 1998

The Concept Of Compliance As A Function Of Competing Conceptions Of International Law, Benedict Kingsbury

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 ...


The President’S Authority Over Foreign Affairs: An Executive Branch Perspective, H. Jefferson Powell Jan 1998

The President’S Authority Over Foreign Affairs: An Executive Branch Perspective, H. Jefferson Powell

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.


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.


Rights Against Rules: The Moral Structure Of American Constitutional Law, Matthew D. Adler Jan 1998

Rights Against Rules: The Moral Structure Of American Constitutional Law, Matthew D. Adler

Faculty Scholarship

Constitutional rights are conventionally thought to be "personal" rights. The successful constitutional litigant is thought to have a valid claim that some constitutional wrong has or would be been done "to her"; the case of "overbreadth," where a litigant prevails even though her own conduct is permissibly regulated, is thought to be unique to the First Amendment. This "personal" or "as-applied" view of constitutional adjudication has been consistently and pervasively endorsed by the Supreme Court, and is standardly adopted by legal scholars.

In this Article, I argue that the conventional view is incorrect. Constitutional rights, I claim, are rights against ...


Securing Compliance With The Trips Agreement After Us V. India, Jerome H. Reichman Jan 1998

Securing Compliance With The Trips Agreement After Us V. India, Jerome H. Reichman

Faculty Scholarship

The different developmental circumstances of the industrialized and developing countries call for different approaches to intellectual property rights protection. While increasingly high levels of protection may (or may not) be appropriate to the industrialized economies, developing country economies are more likely to benefit from strategies and rules which encourage building upon existing stocks of knowledge. TRIPS Agreement standards provide sufficient `wiggle room' to allow developing countries to pursue pro-competitive strategies, while still acting consistently with the TRIPS Agreement requirements of national and most favored nation treatment. The decision of the WTO Appellate Body in the India-Mailbox case was a critical ...


Managing The Iatrogenic Risks Of Risk Management, Jonathan B. Wiener Jan 1998

Managing The Iatrogenic Risks Of Risk Management, Jonathan B. Wiener

Faculty Scholarship

No abstract provided.