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Series

Faculty Scholarship

2000

Discipline
Institution
Keyword

Articles 1 - 30 of 445

Full-Text Articles in Law

Deferral: Consider Ending It Instead Of Expanding It, J. Clifton Fleming Jr. Dec 2000

Deferral: Consider Ending It Instead Of Expanding It, J. Clifton Fleming Jr.

Faculty Scholarship

No abstract provided.


Legal Information And The Search For Cognitive Authority, Robert C. Berring Dec 2000

Legal Information And The Search For Cognitive Authority, Robert C. Berring

Faculty Scholarship

No abstract provided.


A Century Of Religious Freedom, Jesse H. Choper Dec 2000

A Century Of Religious Freedom, Jesse H. Choper

Faculty Scholarship

Focuses on the Religion Clauses in the First Amendment of the United States Bill of Rights which direct the separation of church and state and protect the free exercise of religion. History of the Religion Clauses; Changes in the approach of the Supreme Court toward the Religion Clauses; Uncertainties of religious freedom.


Flat Tax, Consumption Tax, Consumption-Type Income Tax Proposals In The United States: A Tax Policy Discussion Of Fundamental Tax Reform, John K. Mcnulty Dec 2000

Flat Tax, Consumption Tax, Consumption-Type Income Tax Proposals In The United States: A Tax Policy Discussion Of Fundamental Tax Reform, John K. Mcnulty

Faculty Scholarship

No abstract provided.


One Hundred Years Of Solicitude: Intellectual Property Law, 1900-2000, Robert P. Merges Dec 2000

One Hundred Years Of Solicitude: Intellectual Property Law, 1900-2000, Robert P. Merges

Faculty Scholarship

No abstract provided.


From The Second Sex To The Joint Venture: An Overview Of Women's Rights And Family Law In The United States During The Twentieth Century, Herma Hill Kay Dec 2000

From The Second Sex To The Joint Venture: An Overview Of Women's Rights And Family Law In The United States During The Twentieth Century, Herma Hill Kay

Faculty Scholarship

No abstract provided.


Environmental Law At The Turn Of The Century: A Reportorial Fragment Of Contemporary History, Joseph L. Sax Dec 2000

Environmental Law At The Turn Of The Century: A Reportorial Fragment Of Contemporary History, Joseph L. Sax

Faculty Scholarship

No abstract provided.


A Century Of Change In Personal Injury Law, Stephen D. Sugarman Dec 2000

A Century Of Change In Personal Injury Law, Stephen D. Sugarman

Faculty Scholarship

No abstract provided.


One Hundred Years Of Evidence Law Reform: Thayer's Triumph, Eleanor Swift Dec 2000

One Hundred Years Of Evidence Law Reform: Thayer's Triumph, Eleanor Swift

Faculty Scholarship

No abstract provided.


The Right To Silence Helps The Innocent: A Game-Theoretic Analysis Of The Fifth Amendment Privilege, Alex Stein, Daniel J. Seidmann Dec 2000

The Right To Silence Helps The Innocent: A Game-Theoretic Analysis Of The Fifth Amendment Privilege, Alex Stein, Daniel J. Seidmann

Faculty Scholarship

No abstract provided.


Survey Of Florida Law: Real Property, Ronald B. Brown, Joseph M. Grohman Oct 2000

Survey Of Florida Law: Real Property, Ronald B. Brown, Joseph M. Grohman

Faculty Scholarship

No abstract provided.


2000 Survey Of Florida Law: Real Property, Ronald B. Brown, Joseph M. Grohman Oct 2000

2000 Survey Of Florida Law: Real Property, Ronald B. Brown, Joseph M. Grohman

Faculty Scholarship

No abstract provided.


Distribution Vs. Recognition: The Case Of Antidiscrimination Laws, Sujit Choudhry Sep 2000

Distribution Vs. Recognition: The Case Of Antidiscrimination Laws, Sujit Choudhry

Faculty Scholarship

This article considers two debates that are currently raging among scholars of political and legal theory. The first debate, among political theorists, focuses on the correct way for the politically progressive to imagine the problems of justice—as centered on problems of material distribution (the distributive paradigm), cultural recognition, or some complex combination of the two. The second debate, among scholars of antidiscrimination law, turns on the relationship between the prohibited grounds of discrimination in those laws and the social groups found in most nation-states characterized by an increasing degree of social heterogeneity along a number of dimensions—race, religion ...


Framing The Field Of Law's Disciplinary Encounters: A Historical Narrative , Christopher Tomlins Sep 2000

Framing The Field Of Law's Disciplinary Encounters: A Historical Narrative , Christopher Tomlins

Faculty Scholarship

In this article I address the historical interrelationship of law and social science. I explore the separation of "law" and "social science" during the later 19th century, examine their relationship over the next 50 years, and finally take up their more elaborate post-World War II interaction, culminating in the birth and development of the law and society movement. The narrative focuses on two realms of encounter, the intellectual and the institutional, or "spatial," and in the latter case on two particular locales-the academy and the state. Histories of the interaction of law and social science have mostly pursued its academic ...


Principled Standard Setting Requires Consideration Of More Than Science (Aei-Brookings Joint Center For Regulatory Studies, Brief 00-02) Brief Amicus Curiae In Support Of Respondents, Browner V. American Trucking Associations, Inc., No. 99-1257, (U.S. September 11, 2000)(With 20 Law Professors, Economists, And Scientists), Jonathan B. Wiener, Cary Coglianese, Gary Marchant Sep 2000

Principled Standard Setting Requires Consideration Of More Than Science (Aei-Brookings Joint Center For Regulatory Studies, Brief 00-02) Brief Amicus Curiae In Support Of Respondents, Browner V. American Trucking Associations, Inc., No. 99-1257, (U.S. September 11, 2000)(With 20 Law Professors, Economists, And Scientists), Jonathan B. Wiener, Cary Coglianese, Gary Marchant

Faculty Scholarship

Summary of Argument: Throughout this proceeding, EPA has identified no policy or normative criteria to justify its NAAQS standards, thus suggesting that science alone can be used to determine the appropriate air quality standard. Science plays a critical, indeed essential, role in evaluating the risks of possible air quality standards being considered for adoption by EPA. However, science by itself cannot provide the justification for selecting a particular air quality standard. Especially in setting standards for non-threshold pollutants, such as in this case, scientific evidence cannot alone indicate where the standard should be set, since any level above zero will ...


Unbending Gender: Why Family And Work Conflict And What To Do About It, Martha M. Ertman Aug 2000

Unbending Gender: Why Family And Work Conflict And What To Do About It, Martha M. Ertman

Faculty Scholarship

No abstract provided.


Constitutional Theory And The Quebec Secession Reference, Sujit Choudhry, Robert Howse Jul 2000

Constitutional Theory And The Quebec Secession Reference, Sujit Choudhry, Robert Howse

Faculty Scholarship

From the moment that it was handed down, the judgment of the Supreme Court of Canada in the Quebec Secession Reference produced a torrent of public commentary. Remarkable as the decision is, however, and given the fundamental issues about the relationship between law and politics that it raises, the discussion in question has remained almost entirely in what we describe as the pragmatic perspective, which asks how positive politics entered into the motivations and justifications of the Court, and looks at the results in terms of their political consequences, without deep or sustained reflection on the ultimate grounds for the ...


The Costs And Benefits Of Letting Juries Punish Corporations: Comment On Viscusi, Robert J. Maccoun Jul 2000

The Costs And Benefits Of Letting Juries Punish Corporations: Comment On Viscusi, Robert J. Maccoun

Faculty Scholarship

No abstract provided.


The Attorney-Client Privilege: Practical Military Applications Of A Professional Core Value, Joshua E. Kastenberg, Norman K. Thompson Jul 2000

The Attorney-Client Privilege: Practical Military Applications Of A Professional Core Value, Joshua E. Kastenberg, Norman K. Thompson

Faculty Scholarship

This article examines the historical development of the attorney-client privilege and then explores the privilege generally before tackling some specific areas where the privilege commonly arises in military practice. We explore important aspects of the privilege from three different perspectives: (1) a prosecution perspective-saving court-martial cases involving alleged compromise of attorney-client privileged material by trial counsel and/or investigators, (2) a defense perspective-using the privilege to protect information about the whereabouts of a client and the contents of a defense counsel's appointment schedule, and, (3) a general military practice perspective-the potential conflicts of interest which may arise when the ...


Liability Without Cause? Further Ruminations On Cause-In-Fact As Applied To Handgun Liability, Aaron Twerski, A. J. Sebok Jul 2000

Liability Without Cause? Further Ruminations On Cause-In-Fact As Applied To Handgun Liability, Aaron Twerski, A. J. Sebok

Faculty Scholarship

No abstract provided.


Children In Poverty: In Search Of State And Federal Constitutional Protections In The Wake Of Welfare Reforms, April Land Jul 2000

Children In Poverty: In Search Of State And Federal Constitutional Protections In The Wake Of Welfare Reforms, April Land

Faculty Scholarship

The elimination of the federal entitlement to welfare and the shifting of essential policy making to states raises serious questions about the procedural due process rights of people in poverty. It also changes the focus of the legal battleground for welfare families, bringing important state constitutional issues into focus across the nation. Overall, the Article emphasizes that in exploring the potential constitutional protections for families in poverty, it will be important to focus on the detrimental effects that welfare reforms have on children. By emphasizing the impact that welfare cuts have on children, it may be possible to provide a ...


Regulating Research With Decisionally Impaired Individuals: Are We Making Progress?, Diane E. Hoffmann, Jack Schwartz, Evan G. Derenzo Jun 2000

Regulating Research With Decisionally Impaired Individuals: Are We Making Progress?, Diane E. Hoffmann, Jack Schwartz, Evan G. Derenzo

Faculty Scholarship

No abstract provided.


Before Ucita: Licensing, Selling And Using Information Under The Proposal Formerly Known As Ucc Article 2b And Federal Database Protection Legislation, Pamela Samuelson, George A. Cooke Jr., Robert W. Gomulkiewicz, Raymond T. Nimmer Jun 2000

Before Ucita: Licensing, Selling And Using Information Under The Proposal Formerly Known As Ucc Article 2b And Federal Database Protection Legislation, Pamela Samuelson, George A. Cooke Jr., Robert W. Gomulkiewicz, Raymond T. Nimmer

Faculty Scholarship

No abstract provided.


The Paradox Of Free Market Democracy: Rethinking Development Policy, Amy L. Chua Apr 2000

The Paradox Of Free Market Democracy: Rethinking Development Policy, Amy L. Chua

Faculty Scholarship

No abstract provided.


Enforcement Of Federal Private Rights Against States After Alden V. Maine: The Importance Of Hutto V. Finney And Compensation Via Civil Contempt Proceedings, Gordon G. Young Apr 2000

Enforcement Of Federal Private Rights Against States After Alden V. Maine: The Importance Of Hutto V. Finney And Compensation Via Civil Contempt Proceedings, Gordon G. Young

Faculty Scholarship

No abstract provided.


The Practice Of Law, Karen H. Rothenberg Apr 2000

The Practice Of Law, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.


Intuition And Technology In Product Design Litigation: An Essay On Proximate Causation, Aaron Twerski, J. A. Henderson Apr 2000

Intuition And Technology In Product Design Litigation: An Essay On Proximate Causation, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.


One Size Does Not Fit All: The Third Multi-Track Restatement Of Conflict Of Laws, Aaron Twerski Apr 2000

One Size Does Not Fit All: The Third Multi-Track Restatement Of Conflict Of Laws, Aaron Twerski

Faculty Scholarship

No abstract provided.


Bill 11, The Canada Health Act And The Social Union: The Need For Institutions, Sujit Choudhry Mar 2000

Bill 11, The Canada Health Act And The Social Union: The Need For Institutions, Sujit Choudhry

Faculty Scholarship

This article argues that the debate over the future of Medicare has been dominated by financial considerations at the expense of an examination of the place of supervisory institutions in the health care system. Supervisory institutions will be of central importance to the future of Medicare because any future system will include some national standards, which, to be effective, must be interpreted, applied and enforced by institutions of some kind. This article focuses on two specific institutional questions: the dismal record of federal enforcement of the existing national standards of the Canada Health Act, and the pressing need for dispute-settlement ...


Law Making For The Baby Making: An Interpretive Approach To The Determination Of Legal Parentage, Marsha Garrison Feb 2000

Law Making For The Baby Making: An Interpretive Approach To The Determination Of Legal Parentage, Marsha Garrison

Faculty Scholarship

No abstract provided.