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Series

Faculty Scholarship

1993

Discipline
Institution
Keyword

Articles 31 - 60 of 216

Full-Text Articles in Law

Bank Holding Company Act: Has It Lived Its Life, The , Carl Felsenfeld Jan 1993

Bank Holding Company Act: Has It Lived Its Life, The , Carl Felsenfeld

Faculty Scholarship

The Bank Holding Company Act of 1956 (BHCA) "regulates the acquisition of state and national banks by bank holding companies." The BHCA also regulates the nonbanking activities of bank holding companies and their nonbank subsidiaries. The BHCA was enacted and remains on the books for two fundamental reasons: 1) to prevent undue concentration in banking; and 2) to avoid the mixing of banking with other businesses unrelated to banking (generally called "commerce"). Both of these purposes have been or are being discredited, and it is time to ask whether the BHCA should be repealed. On several levels, banking is combined ...


Perspectives On A Torts Course, Anita Bernstein Jan 1993

Perspectives On A Torts Course, Anita Bernstein

Faculty Scholarship

No abstract provided.


Reflections On The Historical Context Of Section 402a, Oscar S. Gray Jan 1993

Reflections On The Historical Context Of Section 402a, Oscar S. Gray

Faculty Scholarship

No abstract provided.


Babies, Parents, And Grandparents: A Story In Two Cases, Karen Czapanskiy Jan 1993

Babies, Parents, And Grandparents: A Story In Two Cases, Karen Czapanskiy

Faculty Scholarship

No abstract provided.


The Saga Of Wiretapping In France: What It Tells Us About The French Criminal Justice System, Edward A. Tomlinson Jan 1993

The Saga Of Wiretapping In France: What It Tells Us About The French Criminal Justice System, Edward A. Tomlinson

Faculty Scholarship

No abstract provided.


Anti-Harassment: Building Law School Policies, Karen Czapanskiy Jan 1993

Anti-Harassment: Building Law School Policies, Karen Czapanskiy

Faculty Scholarship

No abstract provided.


Die Eg-Uebernahme-Richtlinie Im Lichte Der Erfahrungen In Den Usa, Michael P. Van Alstine Jan 1993

Die Eg-Uebernahme-Richtlinie Im Lichte Der Erfahrungen In Den Usa, Michael P. Van Alstine

Faculty Scholarship

No abstract provided.


Divorce Obligations And Bankruptcy Discharge: Rethinking The Support/Property Distinction, Jana B. Singer Jan 1993

Divorce Obligations And Bankruptcy Discharge: Rethinking The Support/Property Distinction, Jana B. Singer

Faculty Scholarship

The Bankruptcy Code currently divides divorce-related obligations into two categories: awards or agreements in the nature of support are non-dischargeable; obligations arising from property divisions can be discharged in the same manner as ordinary commercial debts. Because recent developments in family law have undermined the support/property distinction and because privately negotiated divorce agreements often fail to distinguish between payments intended to serve as support and those intended to distribute property, the Code's reliance on this classification often leads to confusion and hardship for divorce obligees. In addition, because of the rise of equitable distribution as the dominant method ...


Bifurcation Of Civil Rights Defendants: Undermining Monell In Police Brutality Cases, Douglas L. Colbert Jan 1993

Bifurcation Of Civil Rights Defendants: Undermining Monell In Police Brutality Cases, Douglas L. Colbert

Faculty Scholarship

No abstract provided.


Denying The Secret Of Joy: A Critique Of Posner's Theory Of Sexuality, Martha M. Ertman Jan 1993

Denying The Secret Of Joy: A Critique Of Posner's Theory Of Sexuality, Martha M. Ertman

Faculty Scholarship

No abstract provided.


Federal Court Abstention And State Administrative Law From Burford To Ankenbrandt: Fifty Years Of Judicial Federalism Under Burford V. Sun Oil Co. And Kindred Doctrines, Gordon G. Young Jan 1993

Federal Court Abstention And State Administrative Law From Burford To Ankenbrandt: Fifty Years Of Judicial Federalism Under Burford V. Sun Oil Co. And Kindred Doctrines, Gordon G. Young

Faculty Scholarship

No abstract provided.


Taming The Asylum Adjudication Process: An Agenda For The Twenty-First Century, Katherine L. Vaughns Jan 1993

Taming The Asylum Adjudication Process: An Agenda For The Twenty-First Century, Katherine L. Vaughns

Faculty Scholarship

No abstract provided.


The Impact Of The European Community On Labor Law: Some American Comparisons, Marley S. Weiss Jan 1993

The Impact Of The European Community On Labor Law: Some American Comparisons, Marley S. Weiss

Faculty Scholarship

No abstract provided.


1990 Farm Bill's Inaccessible-Resource Provision Applies To Vehicles, David A. Super Jan 1993

1990 Farm Bill's Inaccessible-Resource Provision Applies To Vehicles, David A. Super

Faculty Scholarship

No abstract provided.


The Nonmajoritarian Difficulty: Legislative Deference To The Judiciary, Mark A. Graber Jan 1993

The Nonmajoritarian Difficulty: Legislative Deference To The Judiciary, Mark A. Graber

Faculty Scholarship

No abstract provided.


A Constitutional Conspiracy Unmasked: Why "No State" Does Not Mean "No State", Mark A. Graber Jan 1993

A Constitutional Conspiracy Unmasked: Why "No State" Does Not Mean "No State", Mark A. Graber

Faculty Scholarship

No abstract provided.


Domestic Violence, The Family And The Lawyering Process: Lessons From Studies On Gender Bias In The Courts, Karen Czapanskiy Jan 1993

Domestic Violence, The Family And The Lawyering Process: Lessons From Studies On Gender Bias In The Courts, Karen Czapanskiy

Faculty Scholarship

No abstract provided.


Reproduction And Parenting, Taunya Lovell Banks Jan 1993

Reproduction And Parenting, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.


The Role Of The Legislature In Guidelines Sentencing In The "Other Washington", David Boerner Jan 1993

The Role Of The Legislature In Guidelines Sentencing In The "Other Washington", David Boerner

Faculty Scholarship

Washington's legislature crafted a sentencing system which structures but does not eliminate discretionary decisions affecting sentences. Washington has a Sentencing Guidelines Commission which functions as an agent of the legislature and not as an independent actor. Data collected by the Sentencing Guidelines Commission since 1985 demonstrate the effectiveness of Washington's sentencing guidelines in translating the legislature's sentencing policy judgments into reality. The legislature's role in formulating and refining sentencing policies is examined in detail, as well as Washington's Sentencing Reform Act of 1981 and its effect on sentencing.


In A Different Register: The Pragmatics Of Powerlessness In Police Interrogation, Janet Ainsworth Jan 1993

In A Different Register: The Pragmatics Of Powerlessness In Police Interrogation, Janet Ainsworth

Faculty Scholarship

In a majority of states, a suspect is deemed to have invoked the Miranda right to counsel only if the suspect's request is clear and unequivocal. This doctrine is challenged as an insufficient protection of constitutional rights. It is argued that courts should treat even ambiguous and equivocal requests as per se effective innovations of the right to counsel.


Sex Stories: A Review Of Sex And Reason, Margaret Chon Jan 1993

Sex Stories: A Review Of Sex And Reason, Margaret Chon

Faculty Scholarship

In this review of Sex Stories-A Review Of Sex And Reason by Richard A. Posner, Professor Chon explores the implications of Posner’s exuberant faith in bioeconomic reasoning, unalloyed by any of the late modernist or postmodernist challenges to the nature and limits of science and its transformative potential. In doing so, Professor Chon attempts three things. First, she discusses some of his sociobiological assertions in order to demonstrate that evolutionary biology consists of a much richer and more contradictory set of assertions than Posner would have us believe. Even within the empiricist framework, therefore, Posner leaves out many stories ...


Toward An Asian American Legal Scholarship: Critical Race Theory, Post-Structuralism, And Narrative Space, Robert S. Chang Jan 1993

Toward An Asian American Legal Scholarship: Critical Race Theory, Post-Structuralism, And Narrative Space, Robert S. Chang

Faculty Scholarship

As Asian Americans join the legal academy in growing numbers, they change the face of the academy and challenge its traditional legal doctrines. The author announces an "'Asian American Moment" in the legal academy and an opportunity to reverse the pattern of discrimination against Asian Americans. Traditional civil rights work and current critical race scholarship fail to address the unique issues for Asian Americans, including nativistic racism and the model minority myth. Space must be made in the legal academy for an Asian American Legal Scholarship and the narratives of Asian Americans. The author asserts that the rational-empirical mode is ...


The Right To Health Care In The United States, Ken Wing Jan 1993

The Right To Health Care In The United States, Ken Wing

Faculty Scholarship

This article provides an analysis of the history of constitutional interpretation in the United States, and reveals that any right Americans have to health care is a political rather than constitutional right.


Labor, Loyalty, And The Corporate Campaign, Melinda J. Branscomb Jan 1993

Labor, Loyalty, And The Corporate Campaign, Melinda J. Branscomb

Faculty Scholarship

This article critically assesses the disloyalty test, offering badly needed guidance in this murky and risky area of labor law. Part I provides an overview of the relevant portions of the Act and the problems facing the National Labor Relations Board (NLRB or the Board) and the courts as these decision makers interpret section 7 law. It reviews the early section 7 exceptions, the creation of the disloyalty test, and the aftermath of this new exception, and it introduces a number of problems left as Jefferson Standard's legacy. Part II discusses the analytical inconsistency applied in disloyalty doctrine analysis ...


Woman's Ghetto Within The Legal Profession, Marilyn Berger, Kari A. Robinson Jan 1993

Woman's Ghetto Within The Legal Profession, Marilyn Berger, Kari A. Robinson

Faculty Scholarship

In this article, we explore how the historical, stereotypical images of women as the timid, delicate caretaker shaped and continue to shape women's roles in the work force. As women entered the workplace, they became nurses, not doctors; dental hygienists, not dentists; paralegals, not lawyers; and kindergarten teachers, not university professors. This pattern persists today. We examine the professions to show how women's nurturing caretaker image has resulted in special niches within the professions, positions which perpetuate women in caretaker roles. Specifically, we examine the legal profession and probe the contemporary barricades erected to channel women into positions ...


Abortion And The Pied Piper Of Compromise, Annette E. Clark Jan 1993

Abortion And The Pied Piper Of Compromise, Annette E. Clark

Faculty Scholarship

In this article, Professor Clark offers a detailed analysis of the controversy among legal scholars which has long surrounded the issue of legal regulation of abortion. Professor Clark begins by focusing on a recent book by Professor Laurence Tribe, Abortion: The Clash of Absolutes. She argues that although Tribe claims to seek a compromise solution to the abortion problem, he fails in this pursuit both because he does not truly search for compromise and because he is unwilling to explore intermediate moral or legal positions that are not acceptable to either the pro-choice or pro-life movements. In contrast, Professor Clark ...


Commerce & Communication, David Skover, Ronald Collins Jan 1993

Commerce & Communication, David Skover, Ronald Collins

Faculty Scholarship

As the lead piece in a Colloquy entitled The First Amendment in a Commercial Culture, this article argues that, in our culture of advanced capitalism, public discourse cannot significantly be separated from the influences of commercialism. To understand the First Amendment, we must look beyond cases and commentary to the actual ways in which our culture communicates about and through commodities. We must think less about the marketplace of ideas and more about the marketing of items.


The Psychology Of First Amendment Scholarship: A Reply, David Skover, Ronald Collins Jan 1993

The Psychology Of First Amendment Scholarship: A Reply, David Skover, Ronald Collins

Faculty Scholarship

This essay was written as an afterword to the Colloquy entitled The First Amendment in a Commercial Culture, as a reply to commentaries on "Commerce & Communication" authored by Leo Bogart (advertising expert), Sut Jhally (professor of communications), Alex Kozinski (federal appellate judge) & Stuart Banner (attorney), and Rodney Smolla (law professor). The authors, Professors Skover and Collins, had hoped that Commerce & Communication would prompt new debate and discussion about certain First Amendment issues. However, judging from thier colleagues' reactions, there may well be more of the former than the latter. But in the scheme of things, who's to complain about ...


Postmodern 'Progress': Reconsidering The Copyright And Patent Power, Margaret Chon Jan 1993

Postmodern 'Progress': Reconsidering The Copyright And Patent Power, Margaret Chon

Faculty Scholarship

This article undertakes a postmodern analysis of the term ‘Progress’ in the Constitution’s Copyright Clause, finding stewarding the production of knowledge is integral to the clause. First, by deconstructing the linear, forward assumption entailing Progress. As technology concentrates, Progress entails distributional fairness and decentralized control over knowledge. Relying on the writings of the Founders and recent copyright decisions, this article does not limit postmodernism to a theory recognizing that words have multiple meanings, instead it argues that the Copyright Clause transforms the idea of knowledge to a common resource like water and air, and places knowledge into a public ...


Blackmailers, Bribe Takers, And The Second Paradox, Sidney Delong Jan 1993

Blackmailers, Bribe Takers, And The Second Paradox, Sidney Delong

Faculty Scholarship

An adequate theoretical justification for the prohibition of blackmail should explain both of its paradoxes. However, a review of contemporary theories of blackmail shows that they are able neither to explain why blackmail is criminalized nor to rationalize the different treatment of blackmail and bribery. This review suggests that the paradoxes of blackmail may not yield to rational analysis. In contrast to deductive analyses premised on rights or economics, this paper offers an account of bribery and blackmail that is premised on their different social meanings. The author suggests that the legal and moral treatment of bribery and blackmail spring ...