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Articles 2851 - 2880 of 4266
Full-Text Articles in Law
A Matter Of Perspective, Penny White
Discrimination Cases Of The 2002 Term (Symposium: The Fifteenth Annual Supreme Court Review), Eileen Kaufman
Discrimination Cases Of The 2002 Term (Symposium: The Fifteenth Annual Supreme Court Review), Eileen Kaufman
Scholarly Works
No abstract provided.
Some Appeasement For Professor Tushnet, Penny White
Some Appeasement For Professor Tushnet, Penny White
Scholarly Works
No abstract provided.
Marbury's Mixed Messages, Glenn Harlan Reynolds
Hijacking Chapter 11, George Kuney
Stress, Burnout, Vicarious Trauma, And Other Emotional Realities In The Lawyer/Client Relationship (Symposium: Lawyering And Its Discontents: Reclaiming Meaning In The Practice Of Law), Marjorie A. Silver, Sanford Portnoy, Jean Koh Peters
Stress, Burnout, Vicarious Trauma, And Other Emotional Realities In The Lawyer/Client Relationship (Symposium: Lawyering And Its Discontents: Reclaiming Meaning In The Practice Of Law), Marjorie A. Silver, Sanford Portnoy, Jean Koh Peters
Scholarly Works
No abstract provided.
Lawyering And Its Discontents: Reclaiming Meaning In The Practice Of Law, Marjorie A. Silver
Lawyering And Its Discontents: Reclaiming Meaning In The Practice Of Law, Marjorie A. Silver
Scholarly Works
No abstract provided.
Mining Mediation Rules For Representation Opportunities And Obstacles, Harold I. Abramson
Mining Mediation Rules For Representation Opportunities And Obstacles, Harold I. Abramson
Scholarly Works
No abstract provided.
Judicial Review And Diversity, Deseriee A. Kennedy
Judicial Review And Diversity, Deseriee A. Kennedy
Scholarly Works
No abstract provided.
Community Service Component Of An Alternative Bar Exam, Eileen Kaufman
Community Service Component Of An Alternative Bar Exam, Eileen Kaufman
Scholarly Works
No abstract provided.
Course Of Performance As Evidence Of Intent Or Waiver: A Meaningful Preference For The Latter And Implications For Newly Broadened Use Under Revised U.C.C. Section 1-303, Jack M. Graves
Scholarly Works
No abstract provided.
Special Needs And Special Deference: Suspicionless Civil Searches In The Modern Regulatory State, Fabio Arcila
Special Needs And Special Deference: Suspicionless Civil Searches In The Modern Regulatory State, Fabio Arcila
Scholarly Works
This Article examines the Supreme Court’s application of the "special needs" principle, which is part of its Fourth Amendment search and seizure jurisprudence, with an emphasis on suspicionless searches. It argues that both courts and commentators have insufficiently acknowledged the tension between the modern regulatory state, which is significantly dependent upon such searches, and adequately protecting liberty interests. The commentators who criticize the Court’s deference ignore that a deferential approach can be justified. Suspicionless civil searches, for example, are not necessarily incompatible with original intent. Moreover, the many proposals for reforming suspicionless civil search jurisprudence, such as reinvigorating the individualized …
Outsider Jurisprudence And The “Unthinkable” Tale: Spousal Abuse And The Doctrine Of Duress, Deborah Waire Post
Outsider Jurisprudence And The “Unthinkable” Tale: Spousal Abuse And The Doctrine Of Duress, Deborah Waire Post
Scholarly Works
No abstract provided.
Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz
Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz
Scholarly Works
No abstract provided.
The Jurisprudence Of Judge Kenesaw Mountain Landis, S. Crincoli (Sigman)
The Jurisprudence Of Judge Kenesaw Mountain Landis, S. Crincoli (Sigman)
Scholarly Works
No abstract provided.
Smart Ethics: Ethical Considerations In Promoting Smart Growth Principles, Patricia E. Salkin
Smart Ethics: Ethical Considerations In Promoting Smart Growth Principles, Patricia E. Salkin
Scholarly Works
No abstract provided.
Implementation Of The Apa Growing Smart Legislative Guidebook: Beginning To Benchmark Success, Patricia E. Salkin
Implementation Of The Apa Growing Smart Legislative Guidebook: Beginning To Benchmark Success, Patricia E. Salkin
Scholarly Works
No abstract provided.
Legislating Morality: The Duty To The Tax System Reconsidered, Watson
Legislating Morality: The Duty To The Tax System Reconsidered, Watson
Scholarly Works
Four years ago, I presented a paper at a symposium on professionalism jointly sponsored by the University of Kansas Law School and the Kansas Bar Association. That paper espoused the view (contrary to what appears to be the popular view among tax scholars) that tax lawyers owe no special duty to the "tax system" other than to abide by the law and the applicable standards of professional conduct. During the four-year interim since my last visit to Kansas, however, we have witnessed the deleterious effect of the IRS Restructuring and Reform Act of 1998 (RRA '98) on IRS enforcement and …
Understanding Price-Based Antidilution Protection: Five Principles To Apply When Negotiating A Down-Round Financing, Robert P. Bartlett
Understanding Price-Based Antidilution Protection: Five Principles To Apply When Negotiating A Down-Round Financing, Robert P. Bartlett
Scholarly Works
As most venture capital investors are aware, the economic downturn of the past two years—and the concomitant decrease in private company valuations—has created an opportunity for significant returns on new venture investments seldom seen since the early 1990s. Yet while the investment opportunities of the current economic environment may have attractive financial valuations, they frequently come with the added cost of significant transactional complexity. In particular, the issuance of securities by a private company at a price that is below the price previously paid by the company's investors (typically referred to as a “down-round” financing) may trigger one or more …
Daubert & Danger: The "Fit" Of Expert Predictions In Civil Commitments, Alex Scherr
Daubert & Danger: The "Fit" Of Expert Predictions In Civil Commitments, Alex Scherr
Scholarly Works
The opinions of experts in prediction in civil commitment hearings should help the courts, but over thirty years of commentary, judicial opinion, and scientific review argue that predictions of danger lack scientific rigor. The United States Supreme Court has commented regularly on the uncertainty of predictive science. The American Psychiatric Association has argued to the Court that "[t]he professional literature uniformly establishes that such predictions are fundamentally of very low reliability." Scientific studies indicate that some predictions do little better than chance or lay speculation, and even the best predictions leave substantial room for error about individual cases. The sharpest …
I Am Glad I Got To Know Him, David Shipley
I Am Glad I Got To Know Him, David Shipley
Scholarly Works
This article is part of a number of articles in tribute to L. Ray Patterson, which appear in 11 J. Intel Prop i (2003).
Race-Conscious Affirmative Action By Tax Exempt 501(C)(3) Corporations After Grutter And Gratz, David A. Brennen
Race-Conscious Affirmative Action By Tax Exempt 501(C)(3) Corporations After Grutter And Gratz, David A. Brennen
Scholarly Works
Part I of this Article examines how the Equal Protection Clause limits the government's ability to engage in race-based affirmative action. Part I focuses on how constitutional law analysis has evolved in light of the Supreme Court's recent decisions in Grutter v. Bollinger and Gratz v. Bollinger. Part II provides a brief description of tax law's public policy limitation. This part shows how the IRS, though not required to do so, has generally followed Equal Protection Clause jurisprudence when applying the public policy limitation to race-based activity by private tax exempt 501(c)(3) institutions. Part III discusses how the Supreme …
The (Un)Favorable Judgment Of History: Deportation Hearings, The Palmer Raids, And The Meaning Of History, Harlan G. Cohen
The (Un)Favorable Judgment Of History: Deportation Hearings, The Palmer Raids, And The Meaning Of History, Harlan G. Cohen
Scholarly Works
As Americans respond to the events of September 11, 2001, they are being forced to contemplate their place in American history-past, present, and future. This has become particularly stark in the fight over secret deportation hearings. Following September 11, Attorney General John Ashcroft announced that the deportation hearings of "special interest" aliens would be closed to the public. Applying Richmond Newspapers's two-pronged logic-and-experience test, the Third and Sixth Circuits subsequently split over the constitutionality of the blanket closure. At the heart of their disagreement was the scarce history of deportation hearings and whether such hearings had been closed in the …
Resigning As Dean: Stepping Down Or Stepping Up?, David E. Shipley
Resigning As Dean: Stepping Down Or Stepping Up?, David E. Shipley
Scholarly Works
I am sure that I will enjoy being a regular law professor again, but there are some aspects of being Dean that I will miss. There are also some parts of the job I am happy to leave to my successor. Let me start with the things I am happy are no longer my responsibility.
The Ada's Reasonable Accommodation Requirement And Innocent Third Parties, Alex B. Long
The Ada's Reasonable Accommodation Requirement And Innocent Third Parties, Alex B. Long
Scholarly Works
No abstract provided.
Evaluating The Risks Of Market Swaps, Maurice Stucke
Evaluating The Risks Of Market Swaps, Maurice Stucke
Scholarly Works
An asset swap between two competitors can be (i) per se illegal under Section 1 of the Sherman Act or (ii) a potentially legitimate sale of assets under Section 7 of the Clayton Act. The case law and antitrust commentary vary as to which standard should be applied, and the impication can be significant for the business entities contemplating the deal. This article outlines five factors to assist in evaluating the asset swap's legality under the federal antitrust laws, and the critical determination of which standard to apply to a potentially high risk transaction.
"Stop Me Before I Vote For This Judge Again": Judicial Conduct Organizations, Judicial Accountability, And The Disciplining Of Elected Judges, Alex B. Long
Scholarly Works
No abstract provided.
Nanotechnology And Regulatory Policy: Three Futures, Glenn Harlan Reynolds
Nanotechnology And Regulatory Policy: Three Futures, Glenn Harlan Reynolds
Scholarly Works
This Article outlines the basic characteristics of nanotechnology as it is currently understood and will briefly describe some of the technical - and social - consequences likely to arise as nanotechnology matures. Next, it examines three potential approaches for regulating nanotechnology and the likely consequences of each. The Article concludes with suggestions for further study, as well as a list of "dos" and "don'ts" for regulating nanotechnology.
Materiality Guidance In The Context Of Insider Trading: A Call To Action, Joan Macleod Heminway
Materiality Guidance In The Context Of Insider Trading: A Call To Action, Joan Macleod Heminway
Scholarly Works
This article reflects upon certain negative effects associated with the ambiguity of the current legal standard for materiality in the insider trading context and suggests and demonstrates an approach to mitigating these negative effects. Specifically, after describing and illustrating the concept of materiality and its application in the insider trading context, this article identifies and assesses applicable regulatory policies, showing that these policies do not dictate an imprecise definition of materiality. Next, the article explains certain negative impacts on stockholder value emanating from the lack of predictability and certainty in interpreting and applying the existing materiality standard, including negative impacts …
Bankruptcy And Recovery Of Tort Damages, George Kuney
Bankruptcy And Recovery Of Tort Damages, George Kuney
Scholarly Works
No abstract provided.