Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

Faculty Scholarship

1990

Discipline
Institution
Keyword

Articles 1 - 30 of 213

Full-Text Articles in Law

In Memoriam: Dr. Bernard L. Diamond, Jesse H. Choper Dec 1990

In Memoriam: Dr. Bernard L. Diamond, Jesse H. Choper

Faculty Scholarship

Pays tribute to Bernard L. Diamond, a psychiatrist and law professor. Professional accomplishments; Contributions to the field of law.


Gestational Surrogacy And The Health Care Provider: Put Part Of The "Ivf Genie" Back Into The Bottle, Karen H. Rothenberg Dec 1990

Gestational Surrogacy And The Health Care Provider: Put Part Of The "Ivf Genie" Back Into The Bottle, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.


Rethinking Minority Business Development Strategies, Robert E. Suggs Dec 1990

Rethinking Minority Business Development Strategies, Robert E. Suggs

Faculty Scholarship

Minority business set-asides were created as a prophylactic measure to redress discrimination against minority owned business firms. Predominantly minority jurisdictions found them especially attractive because they promised to provide minority firms a share of the procurement dollars expended by these jurisdictions. The Croson decision invalidated Richmond’s ordinance and posed substantial barriers to further enactments. This article proposes an alternative to such set-aides. It argues that the proposed alternative, an Equal Opportunity Rating Agency (EORA), provides a superior business development policy tool and does not have the constitutional vulnerabilities of set-asides. An EORA would operate much like a credit rating ...


Rent Appropriation And The Labor Law Doctrine Of Successorship, Keith Hylton Nov 1990

Rent Appropriation And The Labor Law Doctrine Of Successorship, Keith Hylton

Faculty Scholarship

When there is a change of corporate control in a business enterprise a question arises as to whether the new employer should be bound by the predecessor's collective bargaining relationship with the union representing the predecessor's employees. This is known as the successorship problem in labor law.' Successorship doctrine is complex and controversial. Several commentators have attempted to reconcile Supreme Court decisions and to ascertain the assumptions underlying the Court's opinions in this area.2 This Article does not attempt to do this, although paradoxically, the arguments presented may lead to reconciliation of many of the Supreme ...


Karl Krastin, Ronald B. Brown Oct 1990

Karl Krastin, Ronald B. Brown

Faculty Scholarship

No abstract provided.


Constitutional Liberty In World War Ii: Army Rule And Martial Law In Hawaii, 1941-1946, Harry N. Scheiber, Jane L. Scheiber Sep 1990

Constitutional Liberty In World War Ii: Army Rule And Martial Law In Hawaii, 1941-1946, Harry N. Scheiber, Jane L. Scheiber

Faculty Scholarship

No abstract provided.


Professional Decisions And Ethical Values In Medical And Law Students, Robert L. Schwartz, Agnes G. Rezler, Pamela Lambert, S. Scott Obenshain, Joan Mciver Gibson, David A. Bennahum Sep 1990

Professional Decisions And Ethical Values In Medical And Law Students, Robert L. Schwartz, Agnes G. Rezler, Pamela Lambert, S. Scott Obenshain, Joan Mciver Gibson, David A. Bennahum

Faculty Scholarship

The purpose of this project is to evaluate and compare the values used by medical and law students when dealing with ethical dilemmas in the professional practice of law and medicine. It is assumed that conflict between doctors and lawyers often arises out of the different values that members of each profession apply to similar dilemmas.


Public Remedies For Private Wrongs: Rethinking The Title Vii Back Pay Remedy, Minna J. Kotkin Aug 1990

Public Remedies For Private Wrongs: Rethinking The Title Vii Back Pay Remedy, Minna J. Kotkin

Faculty Scholarship

No abstract provided.


Academic Freedom: A Bibliography, Janet Sinder Jul 1990

Academic Freedom: A Bibliography, Janet Sinder

Faculty Scholarship

No abstract provided.


State Choice Of Law In Mass Tort Cases: A Response To 'A View From The Legislature, Aaron Twerski, R. A. Sedler Jul 1990

State Choice Of Law In Mass Tort Cases: A Response To 'A View From The Legislature, Aaron Twerski, R. A. Sedler

Faculty Scholarship

No abstract provided.


Book Review: Law In The People's Republic Of China, Robert Berring, Folsam, Minan Jun 1990

Book Review: Law In The People's Republic Of China, Robert Berring, Folsam, Minan

Faculty Scholarship

No abstract provided.


Contractarianism Without Contracts: A Response To Professor Mcchesney, Melvin Aron Eisenberg Jun 1990

Contractarianism Without Contracts: A Response To Professor Mcchesney, Melvin Aron Eisenberg

Faculty Scholarship

No abstract provided.


Bad Arguments In Corporate Law, Melvin Aron Eisenberg Jun 1990

Bad Arguments In Corporate Law, Melvin Aron Eisenberg

Faculty Scholarship

No abstract provided.


In Re Lee Sing: The First Residential-Segregation Case, Charles J. Mcclain Jun 1990

In Re Lee Sing: The First Residential-Segregation Case, Charles J. Mcclain

Faculty Scholarship

No abstract provided.


Equal Protection, Class Legislation, And Sex Discrimination: One Small Cheer For Mr. Herbert Spencer's Social Statics, Mark G. Yudof May 1990

Equal Protection, Class Legislation, And Sex Discrimination: One Small Cheer For Mr. Herbert Spencer's Social Statics, Mark G. Yudof

Faculty Scholarship

No abstract provided.


Doctrinal Collapse In Products Liability: The Empty Shell Of Failure To Warn, Aaron Twerski, J. A. Henderson May 1990

Doctrinal Collapse In Products Liability: The Empty Shell Of Failure To Warn, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.


Real Property Survey, Ronald B. Brown Apr 1990

Real Property Survey, Ronald B. Brown

Faculty Scholarship

No abstract provided.


Corporate Restructuring: Tax Incentives And Options For Corporate Tax Reform, Alan J. Auerbach Mar 1990

Corporate Restructuring: Tax Incentives And Options For Corporate Tax Reform, Alan J. Auerbach

Faculty Scholarship

No abstract provided.


The Asymmetrical Conditions Of Legal Responsibility In The Marketplace, Bailey Kuklin Mar 1990

The Asymmetrical Conditions Of Legal Responsibility In The Marketplace, Bailey Kuklin

Faculty Scholarship

No abstract provided.


Trial Courts: An Economic Perspective, Robert D. Cooter, Daniel L. Rubinfeld Jan 1990

Trial Courts: An Economic Perspective, Robert D. Cooter, Daniel L. Rubinfeld

Faculty Scholarship

This article describes economic research on models of legal disputes. Concepts such as rational choice and static equilibrium are often used inaccurately in the noneconomic research presented in this issue. This article critiques the longitudinal studies, illustrating a number of problems of conceptualization and data analysis. Finally, the authors consider normative models of dispute resolution and the evolution and effects of judge-made law.


Beyond The Roe Debate: Judicial Experience With The 1980'S Reasonableness Test, Daniel A. Farber, John E. Nowak Jan 1990

Beyond The Roe Debate: Judicial Experience With The 1980'S Reasonableness Test, Daniel A. Farber, John E. Nowak

Faculty Scholarship

No abstract provided.


The Takings Clause: In Search Of Underlying Principles--Part Ii--Takings As Intentional Deprivations Of Property Without Moral Justification, Andrea L. Peterson Jan 1990

The Takings Clause: In Search Of Underlying Principles--Part Ii--Takings As Intentional Deprivations Of Property Without Moral Justification, Andrea L. Peterson

Faculty Scholarship

No abstract provided.


Legislative Deals And Statutory Bequests, Daniel A. Farber Jan 1990

Legislative Deals And Statutory Bequests, Daniel A. Farber

Faculty Scholarship

No abstract provided.


Clinics And "Contextual Integration": Helping Law Students Put The Pieces Back Together Again, Eric S. Janus Jan 1990

Clinics And "Contextual Integration": Helping Law Students Put The Pieces Back Together Again, Eric S. Janus

Faculty Scholarship

In legal education, as in all education aimed at practice, the relationship between theory and practice is an uneasy one. William Mitchell College of Law, one of the nation’s few free-standing law schools, has traditionally placed itself squarely on the practice side of the theory/practice axis. It has aimed to produce law graduates who could walk into a law office and begin practicing law—not lawyers who would spend additional years learning the profession at someone’s elbow. In recent years, William Mitchell has begun to embrace a more academic approach to legal education. This paper suggests that ...


Toward The Feminization Of Collective Bargaining Law, Gillian Lester Jan 1990

Toward The Feminization Of Collective Bargaining Law, Gillian Lester

Faculty Scholarship

No abstract provided.


The Nature Of The Iran-United States Claims Tribunal And The Evolving Structure Of International Dispute Resolution, David D. Caron Jan 1990

The Nature Of The Iran-United States Claims Tribunal And The Evolving Structure Of International Dispute Resolution, David D. Caron

Faculty Scholarship

No abstract provided.


Liability For Mistake In Contract Formation, Mark P. Gergen Jan 1990

Liability For Mistake In Contract Formation, Mark P. Gergen

Faculty Scholarship

No abstract provided.


Equal Protection In Jury Selection - The Implementation Of Batson V. Kentucky In North Carolina, Paul H. Schwartz Jan 1990

Equal Protection In Jury Selection - The Implementation Of Batson V. Kentucky In North Carolina, Paul H. Schwartz

Faculty Scholarship

No abstract provided.


Demographics, Fiscal Policy, And U.S. Saving In The 1980s And Beyond, Alan J. Auerbach, Laurence J. Kotlikoff Jan 1990

Demographics, Fiscal Policy, And U.S. Saving In The 1980s And Beyond, Alan J. Auerbach, Laurence J. Kotlikoff

Faculty Scholarship

No abstract provided.


The Regulation Of Foreign Banks In Canada: Milelli Marks A Decade Of Ambiguity, Gillian Lester Jan 1990

The Regulation Of Foreign Banks In Canada: Milelli Marks A Decade Of Ambiguity, Gillian Lester

Faculty Scholarship

No abstract provided.