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Series

Faculty Scholarship

1993

Discipline
Institution
Keyword

Articles 1 - 30 of 274

Full-Text Articles in Law

Thoughts About Pursuing Diversity In Legal Education For Pedagogical Rather Than Political Or Compensatory Reasons, J. Clifton Fleming Jr. Dec 1993

Thoughts About Pursuing Diversity In Legal Education For Pedagogical Rather Than Political Or Compensatory Reasons, J. Clifton Fleming Jr.

Faculty Scholarship

No abstract provided.


The Divergence Of Standards Of Conduct And Standards Of Review In Corporate Law, Melvin Aron Eisenberg Dec 1993

The Divergence Of Standards Of Conduct And Standards Of Review In Corporate Law, Melvin Aron Eisenberg

Faculty Scholarship

No abstract provided.


Parading Ourselves: Freedom Of Speech At The Feast Of St. Patrick, Larry Yackle Nov 1993

Parading Ourselves: Freedom Of Speech At The Feast Of St. Patrick, Larry Yackle

Faculty Scholarship

Three things are true. First, American society is now absorbed in yet another great civil rights movement, this one on behalf of gay, lesbian, and ambisexual citizens, which will lead ineluctably to the elimination of legal burdens on the basis of sexual orientation.' Change will come slowly, with much backing and filling, and at an awful price measured in human pain. Intolerance for the homosexualities that exist among us, and the homosexual behavior in which many of us engage, will persist in quarters where the law cannot reach.2 Yet private homophobia, deprived of legal sanction, will ultimately be discredited ...


Partner Notification And The Threat Of Domestic Violence Against Women With Hiv Infection, Karen H. Rothenberg, Richard L. North Oct 1993

Partner Notification And The Threat Of Domestic Violence Against Women With Hiv Infection, Karen H. Rothenberg, Richard L. North

Faculty Scholarship

No abstract provided.


Real Property: 1993 Survey Of Florida Law, Ronald B. Brown Oct 1993

Real Property: 1993 Survey Of Florida Law, Ronald B. Brown

Faculty Scholarship

No abstract provided.


Evaluating Ethics Committees: A View From The Outside, Diane E. Hoffmann Oct 1993

Evaluating Ethics Committees: A View From The Outside, Diane E. Hoffmann

Faculty Scholarship

No abstract provided.


Environmental Law In The Supreme Court: Highlights From The Marshall Papers, Robert V. Percival Oct 1993

Environmental Law In The Supreme Court: Highlights From The Marshall Papers, Robert V. Percival

Faculty Scholarship

Justice Marshall served on the Court from 1967 until 1991. During that period, Congress passed all of the major federal environmental statutes and environmental regulation mushroomed. As a result, the Marshall papers reveal how the Court reached decisions that have shaped modern environmental law. The author, a former law clerk to former Justice Byron White and an associate professor of law at the University of Maryland, begins by describing the history of the Court's treatment of environmental disputes. He then discusses the steps the Justices take in deciding whether to accept cases for review; in reaching decisions on the ...


An Overview Of The Principles Of Corporate Governance, Melvin Aron Eisenberg Aug 1993

An Overview Of The Principles Of Corporate Governance, Melvin Aron Eisenberg

Faculty Scholarship

Presents an overview of the book 'Principles of Corporate Governance' in the United States. Background architecture of the Principles of Corporate Governance of the American Law Institute; Explanations of the policy reasons of the provisions covered by the Principles; Restatement rules of the relevant law.


A(Nother) Critique Of Pure Reason: Toward Civic Virtue In Legal Education, Angela P. Harris, Marjorie M. Shultz Jul 1993

A(Nother) Critique Of Pure Reason: Toward Civic Virtue In Legal Education, Angela P. Harris, Marjorie M. Shultz

Faculty Scholarship

No abstract provided.


A Practical Guide To Recent Developments In Federal Habeas Corpus For Practicing Attorneys, J. Thomas Sullivan Jul 1993

A Practical Guide To Recent Developments In Federal Habeas Corpus For Practicing Attorneys, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.


Striking The Balance: The Evolving Nature Of Suretyship Defense, Neil B. Cohen Jul 1993

Striking The Balance: The Evolving Nature Of Suretyship Defense, Neil B. Cohen

Faculty Scholarship

No abstract provided.


A Model Of Products Liability Reform, Anita Bernstein Jul 1993

A Model Of Products Liability Reform, Anita Bernstein

Faculty Scholarship

No abstract provided.


Cipollone V. Liggitt Group, Inc., Federal Preemption And The Preservation Of State Common Law Claims (Product Liability), David J. Stout Jun 1993

Cipollone V. Liggitt Group, Inc., Federal Preemption And The Preservation Of State Common Law Claims (Product Liability), David J. Stout

Faculty Scholarship

In virtually every case involving a defective product you can anticipate the manufacturer or supplier seeking refuge behind the tired refrain "the Government let me do it." At its most basic the doctrine of preemption limits the operation of state law in areas where Congress has intended that federal law be exclusive or controlling.

It is to be hoped that the wave of federal preemption has crested and that the federal courts will, under the specific guidance of Cipollone, be less inclined to look beyond the expressed purpose of Congress to find state common law tort claims preempted.


A Selective Bibliography On The Endangered Species Act, Kristin Cheney Jun 1993

A Selective Bibliography On The Endangered Species Act, Kristin Cheney

Faculty Scholarship

Since its passage in 1973, the Endangered Species Act (ESA) has been the subject of much discussion and numerous publications. This bibliography is not an exhaustive treatment of the topic, but rather concentrates on monographs published from 1980 forward and includes only post-1988 journal articles. To aid the reader in locating relevant references, the journal articles are organized into the subcategories of (1) law and regulations, (2) litigation, and (3) international and extraterritorial.


Financial Exploitation Of The Elderly, Diane E. Hoffmann, Roger Wolf May 1993

Financial Exploitation Of The Elderly, Diane E. Hoffmann, Roger Wolf

Faculty Scholarship

No abstract provided.


The Government Contractor Defense, David J. Stout May 1993

The Government Contractor Defense, David J. Stout

Faculty Scholarship

Litigation involving defective products has increasingly become a pre-trial battle to overcome a series of technical defenses that have become a stock part of the manufacturer's defense.

Defendants invariably raise the government contractor defense where the defective product resulted from some governmental involvement in the manufacturing process, no matter how peripheral or superfluous was the government's involvement in that process.

The defense by its nature only applies to design defect cases. A defect in the manufacturing process is not protected by the defense.


The Legal Infrastructure Of Markets: The Role Of Contract And Property Law Essay, Tamar Frankel May 1993

The Legal Infrastructure Of Markets: The Role Of Contract And Property Law Essay, Tamar Frankel

Faculty Scholarship

Markets are social institutions that facilitate exchange transactions. Therefore, they require a regime of freedom to exchange-a contract regime. Markets can be made more efficient by reducing the transaction and information costs for market actors. Such a reduction can be effected by standardizing the products exchanged, the terms of the transactions, and the nature of the rights transferred. Information costs can be reduced by publicizing the transactions' and by using the services of intermediaries


Defining Finality And Appealability By Court Rule: A Comment On Martineau’S Right Problem, Wrong Solution, Thomas D. Rowe Jr. Apr 1993

Defining Finality And Appealability By Court Rule: A Comment On Martineau’S Right Problem, Wrong Solution, Thomas D. Rowe Jr.

Faculty Scholarship

No abstract provided.


Drafting Commercial Law For The New Millennium: Will The Current Process Suffice?, Neil B. Cohen, Barry Zaretsky Apr 1993

Drafting Commercial Law For The New Millennium: Will The Current Process Suffice?, Neil B. Cohen, Barry Zaretsky

Faculty Scholarship

No abstract provided.


Implications Of The Stakeholder Model, Roberta S. Karmel Apr 1993

Implications Of The Stakeholder Model, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


Colloquium On Capital Gains: Commentary, Alan J. Auerbach Mar 1993

Colloquium On Capital Gains: Commentary, Alan J. Auerbach

Faculty Scholarship

No abstract provided.


Farmers And Ranchers, Roger A. Lohmann Feb 1993

Farmers And Ranchers, Roger A. Lohmann

Faculty Scholarship

This book review, part of the third/nonprofit sector literature considers a case study of informal cooperation and decision-making in Shasta County, California. In certain key respects, the case parallels issues of the research literature on commons.


The Poverty Of Academic Rhetoric, Frederick Mark Gedicks Jan 1993

The Poverty Of Academic Rhetoric, Frederick Mark Gedicks

Faculty Scholarship

No abstract provided.


Comparing U.S. And Ec Copyright Protection For Computer Programs: Are They More Different Than They Seem, Pamela Samuelson Jan 1993

Comparing U.S. And Ec Copyright Protection For Computer Programs: Are They More Different Than They Seem, Pamela Samuelson

Faculty Scholarship

No abstract provided.


Our Declaratory Ninth Amendment, John Choon Yoo Jan 1993

Our Declaratory Ninth Amendment, John Choon Yoo

Faculty Scholarship

No abstract provided.


Making Of The Legal Process, The, William N. Eskridge Jr, Philip P. Frickey Jan 1993

Making Of The Legal Process, The, William N. Eskridge Jr, Philip P. Frickey

Faculty Scholarship

Reviews the book 'The Legal Process: Basic Problems in the Making and Application of Law,' by Henry M. Hart Jr. and Albert M. Sacks.


Gender In The Military: Androcentrism And Institutional Reform, Kathryn Abrams Jan 1993

Gender In The Military: Androcentrism And Institutional Reform, Kathryn Abrams

Faculty Scholarship

Discusses androcentrism and institutional reform in the military. Need to expose androcentism as a strategy for change; Courts' deference toward military policy.


The Fair Value Of Minority Stock In Closely Held Corporations, Zenichi Shishido Jan 1993

The Fair Value Of Minority Stock In Closely Held Corporations, Zenichi Shishido

Faculty Scholarship

No abstract provided.


Observations On The Guarantee Clause - As Thoughtfully Addressed By Justice Linde And Professor Eule, Jesse H. Choper Jan 1993

Observations On The Guarantee Clause - As Thoughtfully Addressed By Justice Linde And Professor Eule, Jesse H. Choper

Faculty Scholarship

No abstract provided.


No There There: State Autonomy And Voting Rights Regulation, Kathryn Abrams Jan 1993

No There There: State Autonomy And Voting Rights Regulation, Kathryn Abrams

Faculty Scholarship

No abstract provided.