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Series

Faculty Scholarship

1992

Discipline
Institution
Keyword

Articles 1 - 30 of 185

Full-Text Articles in Law

Altering U.S. Treaty Policy To Permit The Negotiating Of Zero Withholding On Portfolio Dividends: An Invitation To Research, J. Clifton Fleming Jr. Dec 1992

Altering U.S. Treaty Policy To Permit The Negotiating Of Zero Withholding On Portfolio Dividends: An Invitation To Research, J. Clifton Fleming Jr.

Faculty Scholarship

No abstract provided.


Myth And Reality: The Threat Of Medical Malpractice Claims By Low Income Women, Karen H. Rothenberg Dec 1992

Myth And Reality: The Threat Of Medical Malpractice Claims By Low Income Women, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.


The Unworkability Of Court-Made Enterprise Liability: A Reply To Geistfeld, Aaron Twerski, J. A. Henderson Nov 1992

The Unworkability Of Court-Made Enterprise Liability: A Reply To Geistfeld, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.


Real Property: 1992 Survey Of Florida Law, Ronald B. Brown Oct 1992

Real Property: 1992 Survey Of Florida Law, Ronald B. Brown

Faculty Scholarship

No abstract provided.


Diversity, Mulitculturalism, And Affirmative Action: Duke, The Nas, And Apartheid, Jerome Mccristal Culp Jr. Jul 1992

Diversity, Mulitculturalism, And Affirmative Action: Duke, The Nas, And Apartheid, Jerome Mccristal Culp Jr.

Faculty Scholarship

No abstract provided.


Particularity And Generality: Challenges Of Feminist Theory And Practice In Work On Woman-Abuse, Elizabeth M. Schneider Jun 1992

Particularity And Generality: Challenges Of Feminist Theory And Practice In Work On Woman-Abuse, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.


The Eichmann Trial, The Jewish Question, And The American-Jewish Intelligentsia, Pnina Lahav May 1992

The Eichmann Trial, The Jewish Question, And The American-Jewish Intelligentsia, Pnina Lahav

Faculty Scholarship

The abduction, trial, and execution of Adolf Karl Eichmann by the state of Israel, fifteen years after the shutdown of the crematoria at Auschwitz, challenged the American Jewish intelligentsia to confront the Jewish question.4 What does it mean to be a Jew in America and who is an American Jew? Is the Jewish history of anti-Semitism and the Holocaust also a part of American-Jewish history? Is there a lesson in the destruction of European Jewry-the triumph of anti-Semitism, the failure of assimilation-relevant to American Jews? Is there a national component to being Jewish? Are Jews a people? If so ...


Violence Against Women And Legal Education: An Essay For Mary Joe Frug, Elizabeth M. Schneider Apr 1992

Violence Against Women And Legal Education: An Essay For Mary Joe Frug, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.


Shell Games: The Continuing Legacy Of Rights To Minerals And Water On Spanish And Mexican Land Grants In The Southwest, G. Emlen Hall Mar 1992

Shell Games: The Continuing Legacy Of Rights To Minerals And Water On Spanish And Mexican Land Grants In The Southwest, G. Emlen Hall

Faculty Scholarship

This paper explores generally this paradoxical approach to mineral and water rights on confirmed Spanish and Mexican land grants. The analysis treats mineral and water rights separately. For each critical land grant resource, the paper explicates basic law of the Southwest's antecedent sovereigns. It then suggests how those Spanish and Mexican rights fit within the 1848 Treaty of Guadalupe Hidalgo guarantee of protection of "property rights." It proceeds to analyze how the United States implemented those guarantees, suggesting that the treatment of the succeeding sovereign owed more to its own law than it did to the law of the ...


An Eclectic History And Analysis Of The 1990 Uniform Probate Code, Lawrence H. Averill Jan 1992

An Eclectic History And Analysis Of The 1990 Uniform Probate Code, Lawrence H. Averill

Faculty Scholarship

No abstract provided.


The Lender As Unconventional Fiduciary, Niels Schaumann Jan 1992

The Lender As Unconventional Fiduciary, Niels Schaumann

Faculty Scholarship

This Article examines one kind of fiduciary relationship—one that develops from an ordinary, arms-length commercial relationship between a lender and a borrower. Although this prototype relationship exists in the broader context of “lender liability,” to which academic commentators and the practicing bar have paid a good deal of attention in recent years, the suggested analysis has as much to do with fiduciary relationships generally as it does with issues of lender liability. The unconventional fiduciary relationship examined here differs in several respects from the conventional fiduciary relationship, for example that of trustee-beneficiary. Perhaps the most obvious difference is that ...


How Long Is Too Long? When Pretrial Detention Violates Due Process, Floralynn Einesman Jan 1992

How Long Is Too Long? When Pretrial Detention Violates Due Process, Floralynn Einesman

Faculty Scholarship

No abstract provided.


Finding A Suitable Lawyer: Why Consumers Can't Always Get What They Want And What The Legal Profession Should Do About It, Linda H. Morton Jan 1992

Finding A Suitable Lawyer: Why Consumers Can't Always Get What They Want And What The Legal Profession Should Do About It, Linda H. Morton

Faculty Scholarship

This article criticizes the inadequacy of information available to consumers seeking an attorney compatible with their needs. The article describes why such inadequacy exists – in part because the legal profession distribute information to consumers through the narrow lens of attorney self-regulation rather than through the broader lens of consumer need. Yet, in striving to maintain their autonomy, lawyers have only perpetuated the enormous gap between information the public would like to have and that which they actually receive. The article explores sources of information consumers have access to, why such sources are so limited, and finally, how the problem might ...


The Tragedy Of The Interstate Child: A Critical Reexamination Of The Uniform Child Custody Jurisdiction Act And The Parental Kidnaping Prevention Act, Anne B. Goldstein Jan 1992

The Tragedy Of The Interstate Child: A Critical Reexamination Of The Uniform Child Custody Jurisdiction Act And The Parental Kidnaping Prevention Act, Anne B. Goldstein

Faculty Scholarship

This Article's thesis is that the Uniform Child Custody Jurisdiction Act (UCCJA) and the Parental Kidnaping Prevention Act (PKPA) have not eliminated jurisdictional competition because a federal system such as ours cannot achieve both of the Acts' two main instrumental goals - preventing or punishing "child snatching" and promoting well-informed decisions. Our system commits custody decisions to sovereign states, which make and modify the decisions according to indeterminate precepts. Such a system will inevitably create some version of the interstate child; so long as these features of our system persist, legislation cannot solve the problem. Therefore, although this Article proposes ...


Law And Literature: Representing Lesbians, Anne B. Goldstein Jan 1992

Law And Literature: Representing Lesbians, Anne B. Goldstein

Faculty Scholarship

What is involved in representing a lesbian in law or in literature? The premise of this Article is that the work of novelists is enough like the work of lawyers that useful insights can be drawn in at least one direction. That is, lawyers can learn how to represent lesbian clients better by studying books with lesbian characters.


Codification Of Supplemental Jurisdiction: Anatomy Of A Legislative Proposal, Arthur D. Wolf Jan 1992

Codification Of Supplemental Jurisdiction: Anatomy Of A Legislative Proposal, Arthur D. Wolf

Faculty Scholarship

The historic nature of congressional action in codifying supplemental jurisdiction in section 1367 calls for a close examination of the legislative process and product. Section I of this Article presents a brief survey of the development of supplemental jurisdiction. Section II examines the history of the legislative process that produced section 1367. Section III contains a preliminary review of judicial decisions under the new supplemental jurisdiction statute. The Article concludes with some editorial remarks regarding the statute and the process by which it became public law.


Teaching Appellate Advocacy In An Appellate Clinical Law Program, J Thomas Sullivan Jan 1992

Teaching Appellate Advocacy In An Appellate Clinical Law Program, J Thomas Sullivan

Faculty Scholarship

No abstract provided.


Is An Employment-Discrimination Award Taxable?, L. Scott Stafford Jan 1992

Is An Employment-Discrimination Award Taxable?, L. Scott Stafford

Faculty Scholarship

No abstract provided.


Norplant: The New Scarlet Letter?, Michael T. Flannery Jan 1992

Norplant: The New Scarlet Letter?, Michael T. Flannery

Faculty Scholarship

No abstract provided.


"Reforming" Federal Habeas Corpus: The Cost Of Federalism; The Burden For Defense Counsel; And The Loss Of Innocence, J. Thomas Sullivan Jan 1992

"Reforming" Federal Habeas Corpus: The Cost Of Federalism; The Burden For Defense Counsel; And The Loss Of Innocence, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.


The Faces Of Law In Theory And Practice: Doctrine, Rhetoric, And Social Context, Richard C. Boldt, Marc Feldman Jan 1992

The Faces Of Law In Theory And Practice: Doctrine, Rhetoric, And Social Context, Richard C. Boldt, Marc Feldman

Faculty Scholarship

No abstract provided.


The Proper Forum For A Suit: Transnational Forum Non Conveniens And Counter-Suit Injunctions In The Federal Courts, William L. Reynolds Jan 1992

The Proper Forum For A Suit: Transnational Forum Non Conveniens And Counter-Suit Injunctions In The Federal Courts, William L. Reynolds

Faculty Scholarship

No abstract provided.


Parceling Out Land In Baltimore, 1632-1796, Garrett Power Jan 1992

Parceling Out Land In Baltimore, 1632-1796, Garrett Power

Faculty Scholarship

No abstract provided.


Teaching Laws With Flaws: Adopting A Pluralistic Approach To Torts, Taunya Lovell Banks Jan 1992

Teaching Laws With Flaws: Adopting A Pluralistic Approach To Torts, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.


"Legal Theory And Practice" Development At The University Of Maryland: One Teacher's Experience In Programmatic Context, Barbara L. Bezdek Jan 1992

"Legal Theory And Practice" Development At The University Of Maryland: One Teacher's Experience In Programmatic Context, Barbara L. Bezdek

Faculty Scholarship

No abstract provided.


The Privatization Of Family Law, Jana B. Singer Jan 1992

The Privatization Of Family Law, Jana B. Singer

Faculty Scholarship

No abstract provided.


Ignoring History: The Liability Of Ships' Masters, Innkeepers And Stablekeepers Under Roman Law, David S. Bogen Jan 1992

Ignoring History: The Liability Of Ships' Masters, Innkeepers And Stablekeepers Under Roman Law, David S. Bogen

Faculty Scholarship

No abstract provided.


An Essay On The Ninth Amendment: Interpretation For The New World Order, Phoebe A. Haddon Jan 1992

An Essay On The Ninth Amendment: Interpretation For The New World Order, Phoebe A. Haddon

Faculty Scholarship

No abstract provided.


Intellectual Property Protection Or Protectionism? Declaratory Judgment Use By Patent Owners Against Prospective Infringers, Lawrence M. Sung Jan 1992

Intellectual Property Protection Or Protectionism? Declaratory Judgment Use By Patent Owners Against Prospective Infringers, Lawrence M. Sung

Faculty Scholarship

No abstract provided.


The Public Choice Case Against The Item Veto, Maxwell L. Stearns Jan 1992

The Public Choice Case Against The Item Veto, Maxwell L. Stearns

Faculty Scholarship

No abstract provided.