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Articles 1 - 26 of 26

Full-Text Articles in Law

Bringing Small Business Development To Urban Neighborhoods, Robert E. Suggs Dec 1995

Bringing Small Business Development To Urban Neighborhoods, Robert E. Suggs

Faculty Scholarship

This article describes a race-neutral policy proposal designed to increase business formation and success rates for young urban African Americans. The proposal suggests using local governments' taxing authority, in a manner analogous to tax increment financing, to create financial incentives for successful small business owners to employ, and then mentor and train as business owners, young urban entrepreneurs from deteriorating neighborhoods. The amount of financial incentive varies directly with financial success of protégés and requires the transfer of some of the mentor’s social (reputational) capital to the protégé. Business activity has created wealth and economic mobility for other ethnic groups, …


The Guardianship Puzzle: Whatever Happened To Due Process?, Diane E. Hoffmann, Joan L. O'Sullivan Nov 1995

The Guardianship Puzzle: Whatever Happened To Due Process?, Diane E. Hoffmann, Joan L. O'Sullivan

Faculty Scholarship

No abstract provided.


Testing Children For Genetic Predispositions: Is It In Their Best Interest?, Diane E. Hoffmann, Eric A. Wulfsberg Oct 1995

Testing Children For Genetic Predispositions: Is It In Their Best Interest?, Diane E. Hoffmann, Eric A. Wulfsberg

Faculty Scholarship

No abstract provided.


Colloquium - Gender, Law And Health Care: New Perspectives For Teaching And Scholarship: The Role Of Gender In Law And Health Care, Karen H. Rothenberg Sep 1995

Colloquium - Gender, Law And Health Care: New Perspectives For Teaching And Scholarship: The Role Of Gender In Law And Health Care, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.


The Tax Treatment Of Limited Liability Companies: Law In Search Of Policy, Daniel S. Goldberg May 1995

The Tax Treatment Of Limited Liability Companies: Law In Search Of Policy, Daniel S. Goldberg

Faculty Scholarship

No abstract provided.


Genetic Information And Health Insurance: State Legislative Approaches, Karen H. Rothenberg Apr 1995

Genetic Information And Health Insurance: State Legislative Approaches, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.


A Critical Reassessment Of The Case Law Bearing On Congress's Power To Restrict The Jurisdiction Of The Lower Federal Courts, Gordon G. Young Jan 1995

A Critical Reassessment Of The Case Law Bearing On Congress's Power To Restrict The Jurisdiction Of The Lower Federal Courts, Gordon G. Young

Faculty Scholarship

No abstract provided.


Standing Back From The Forest: Justiciability And Social Choice, Maxwell L. Stearns Jan 1995

Standing Back From The Forest: Justiciability And Social Choice, Maxwell L. Stearns

Faculty Scholarship

No abstract provided.


Standing And Social Choice: Historical Evidence, Maxwell L. Stearns Jan 1995

Standing And Social Choice: Historical Evidence, Maxwell L. Stearns

Faculty Scholarship

No abstract provided.


Poetic Law: A Statement On Intent, Maxwell L. Stearns Jan 1995

Poetic Law: A Statement On Intent, Maxwell L. Stearns

Faculty Scholarship

No abstract provided.


Comparing Implied And Express Constitutional Freedoms, David S. Bogen Jan 1995

Comparing Implied And Express Constitutional Freedoms, David S. Bogen

Faculty Scholarship

No abstract provided.


The Reauthorization Of Superfund: The Public Works Alternative, Rena I. Steinzor Jan 1995

The Reauthorization Of Superfund: The Public Works Alternative, Rena I. Steinzor

Faculty Scholarship

No abstract provided.


The Reauthorization Of Superfund: Can The Deal Of The Century Be Saved?, Rena I. Steinzor Jan 1995

The Reauthorization Of Superfund: Can The Deal Of The Century Be Saved?, Rena I. Steinzor

Faculty Scholarship

No abstract provided.


Genetic Discrimination And Health Insurance: An Urgent Need For Reform, Kathy L. Hudson, Karen H. Rothenberg, Lori B. Andrews, Mary Jo Ellis Kahn, Francis S. Collins Jan 1995

Genetic Discrimination And Health Insurance: An Urgent Need For Reform, Kathy L. Hudson, Karen H. Rothenberg, Lori B. Andrews, Mary Jo Ellis Kahn, Francis S. Collins

Faculty Scholarship

No abstract provided.


Domestic Violence And Partner Notification: Implications For Treatment And Counseling Of Women With Hiv, Karen H. Rothenberg, Stephen J. Paskey, Melissa M. Reuland, Sheryl I. Zimmerman, Richard L. North Jan 1995

Domestic Violence And Partner Notification: Implications For Treatment And Counseling Of Women With Hiv, Karen H. Rothenberg, Stephen J. Paskey, Melissa M. Reuland, Sheryl I. Zimmerman, Richard L. North

Faculty Scholarship

Current public health policy encourages partner notification to protect those at risk of HIV infection. Provider experiences with partner notification, domestic violence, and women with HIV compel a reassessment of this strategy. In a survey of 136 health care providers in Baltimore, substantial numbers reported knowledge of their HIV-infected patients’ experiences with domestic violence before and after partner notification. Providers believed that fear of physical abuse, emotional abuse, and abandonment are important reasons why many female patients resist partner notification. Provider opposition to partner notification was strong in cases where female patients faced a risk of domestic violence. The realization …


Religious Outlaws: Narratives Of Legality And The Politics Of Citizen Interpretation, Barbara L. Bezdek Jan 1995

Religious Outlaws: Narratives Of Legality And The Politics Of Citizen Interpretation, Barbara L. Bezdek

Faculty Scholarship

No abstract provided.


The Passive-Aggressive Virtues: Cohen V. Virginia And The Problematic Establishment Of Judicial Power, Mark A. Graber Jan 1995

The Passive-Aggressive Virtues: Cohen V. Virginia And The Problematic Establishment Of Judicial Power, Mark A. Graber

Faculty Scholarship

No abstract provided.


Old Wine In New Bottles: The Constitutional Status Of Unconstitutional Speech, Mark A. Graber Jan 1995

Old Wine In New Bottles: The Constitutional Status Of Unconstitutional Speech, Mark A. Graber

Faculty Scholarship

This Article explores whether contemporary advocates of restrictions on bigoted expression have more in common with contemporary advocates of broad First Amendment rights or with past censors. The critical theorists who would ban some hate speech rely heavily on the equal citizenship principles that radical civil libertarians believe justify almost absolute speech rights. The First Amendment, past and present censors argue, does not fully protect speech inconsistent with what they believe are basic constitutional values. This claim repudiates a basic principle of American constitutionalism, the faith that "self-evident" constitutional values will triumph in the constitutional marketplace of ideas. The ideological …


Liberating The Thirteenth Amendment, Douglas L. Colbert Jan 1995

Liberating The Thirteenth Amendment, Douglas L. Colbert

Faculty Scholarship

No abstract provided.


Affirming The Thirteenth Amendment, Douglas L. Colbert Jan 1995

Affirming The Thirteenth Amendment, Douglas L. Colbert

Faculty Scholarship

No abstract provided.


Legal Process And The Past Of Antitrust, William L. Reynolds, Spencer Weber Waller Jan 1995

Legal Process And The Past Of Antitrust, William L. Reynolds, Spencer Weber Waller

Faculty Scholarship

No abstract provided.


Why Teach International Family Law In Conflicts?, William L. Reynolds Jan 1995

Why Teach International Family Law In Conflicts?, William L. Reynolds

Faculty Scholarship

[The author] sets forth a challenge to conflicts professors: to teach international family law in their conflict of laws classes. At present, many conflicts professors avoid teaching international family law, in part because the study of this subject is complicated by several statutes addressing particularly difficult issues. Ignorning international family law is unwise, because many United States citizens and lawyers are likely to confront such problems.


The Denial Of Future Tort Claims In In Re Piper Aircraft: Will The Court's Quick-Fix Solution Keep The Debtor Flying High Or Bring It Crashing Down?, Michelle M. Harner Jan 1995

The Denial Of Future Tort Claims In In Re Piper Aircraft: Will The Court's Quick-Fix Solution Keep The Debtor Flying High Or Bring It Crashing Down?, Michelle M. Harner

Faculty Scholarship

No abstract provided.


Implementation Of Standby Guardianship: Respect For Family Autonomy, Deborah J. Weimer Jan 1995

Implementation Of Standby Guardianship: Respect For Family Autonomy, Deborah J. Weimer

Faculty Scholarship

No abstract provided.


Business Combination Antitakeover Statutes, The Unintended Repudiation Of The Internal Affairs Doctrine, And Constitutional Constraints On Choice Of Law, Robert E. Suggs Jan 1995

Business Combination Antitakeover Statutes, The Unintended Repudiation Of The Internal Affairs Doctrine, And Constitutional Constraints On Choice Of Law, Robert E. Suggs

Faculty Scholarship

This article examines the constitutional validity of business combination antitakeover statutes. Delaware and other important corporate law jurisdictions enacted these statutes during the 1980s to inhibit hostile leveraged corporate takeovers and protect incumbent managements. These statutes work by prohibiting transactions which enable a hostile acquirer with a mere majority of target stock to sell target assets for cash and retain all the cash to service acquisition debt while paying off with securities the minority shareholders' interest in the assets sold. This allows the takeover to be financed with the assets acquired. Analyzing the structural operation of these statutes in greater …


Public Service And Private Interests: A Chronicle Of The Professional Life Of Philip B. Perlman, Garrett Power Jan 1995

Public Service And Private Interests: A Chronicle Of The Professional Life Of Philip B. Perlman, Garrett Power

Faculty Scholarship

No abstract provided.