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Articles 1 - 30 of 62
Full-Text Articles in Law
The Intellectual Development Of Modern Products Liability Law: A Comment On Priest's View Of The Cathedral's Foundations, David G. Owen
The Intellectual Development Of Modern Products Liability Law: A Comment On Priest's View Of The Cathedral's Foundations, David G. Owen
Faculty Publications
No abstract provided.
Reflections Upon Federal And State Control Of Administrative Policy Making, Paul R. Verkuil
Reflections Upon Federal And State Control Of Administrative Policy Making, Paul R. Verkuil
Faculty Publications
No abstract provided.
A Constitutional Right To Home Instruction?, Neal Devins
A Constitutional Right To Home Instruction?, Neal Devins
Faculty Publications
No abstract provided.
The Economic And Cultural Impact Of The Origins Of Property: 1180-1220, Robert C. Palmer
The Economic And Cultural Impact Of The Origins Of Property: 1180-1220, Robert C. Palmer
Faculty Publications
No abstract provided.
Allocating Consumptive Water Rights In A Riparian Jurisdiction: Defining The Relationship Between Public And Private Interests, Lynda L. Butler
Allocating Consumptive Water Rights In A Riparian Jurisdiction: Defining The Relationship Between Public And Private Interests, Lynda L. Butler
Faculty Publications
Historically, water consumption in the eastern United States has been governed by the common-law riparian doctrine. Fashioned to protect the domestic uses of private individuals in a largely agrarian society, the doctrine is not well suited to today's environment in which the demands of public users have grown enormously. Even in the East, where water has long been abundant, the effects of increased consumption, pollution, and periodic drought have brought the continued viability of the doctrine into question. Professor Butler examines the legal standards which have developed under the riparian doctrine and identifies three principal areas in which the doctrine …
The Place Of Procedural Control In Determining Who May Sue Or Be Sued: Lessons In Statutory Interpretation From Civil Rico And Sedima, Douglas E. Abrams
The Place Of Procedural Control In Determining Who May Sue Or Be Sued: Lessons In Statutory Interpretation From Civil Rico And Sedima, Douglas E. Abrams
Faculty Publications
When a federal court resolves equipoise in its effort to determine the contours of a litigant class created by an express private cause of action, the court should consider the control that the Federal Rules of Civil Procedure, taken as a whole, exercise on the conduct of litigation. With civil RICO as background, part II presents this thesis and discusses the circumstances in which procedural control would be an element supporting a determination *1481 that Congress created a broad litigant class. Implicit in the notion of equipoise is the threshold recognition that when a court engages in statutory interpretation, it …
Legal Positivism And Federalism: The Certification Experience, Paul A. Lebel
Legal Positivism And Federalism: The Certification Experience, Paul A. Lebel
Faculty Publications
No abstract provided.
The Trouble With Jaycees, Neal Devins
Deterrence And Desert In Tort: A Comment, David G. Owen
Deterrence And Desert In Tort: A Comment, David G. Owen
Faculty Publications
No abstract provided.
A Message From The New Dean, Timothy J. Sullivan
A Message From The New Dean, Timothy J. Sullivan
Faculty Publications
No abstract provided.
The Origins Of Property In England, Robert C. Palmer
The Origins Of Property In England, Robert C. Palmer
Faculty Publications
No abstract provided.
Book Review Of The Second American Revolution, Neal Devins
Book Review Of The Second American Revolution, Neal Devins
Faculty Publications
No abstract provided.
The Article 2 Merchant Rules: Karl Llewellyn's Attempt To Achieve The Good, The True, The Beautiful In Commercial Law, Ingrid Michelsen Hillinger
The Article 2 Merchant Rules: Karl Llewellyn's Attempt To Achieve The Good, The True, The Beautiful In Commercial Law, Ingrid Michelsen Hillinger
Faculty Publications
No abstract provided.
To Bargain Or Not To Bargain: A New Chapter In Work Relocation Decisions, B. Glenn George
To Bargain Or Not To Bargain: A New Chapter In Work Relocation Decisions, B. Glenn George
Faculty Publications
No abstract provided.
The Kahan Report, Ariel Sharon And The Sabra-Shatilla Massacres In Lebanon: Responsibility Under International Law For Massacres Of Civilian Populations, Linda A. Malone
The Kahan Report, Ariel Sharon And The Sabra-Shatilla Massacres In Lebanon: Responsibility Under International Law For Massacres Of Civilian Populations, Linda A. Malone
Faculty Publications
No abstract provided.
A Revue Of Books, Paul A. Lebel
A Revue Of Books, Paul A. Lebel
Faculty Publications
As a public service, I've looked at some of the less noticed but no less significant recent publications in law. The capsule reviews that follow admittedly do not do full justice to the impressive scholarship and acute analysis displayed in these books. These reviews necessarily can be little more than an encouragement to encounter for yourself the hours of pleasure afforded by intense scrutiny of these offerings.
Federal Jurisdiction, Thomas E. Baker
A Compendium Of Proposals To Reform The United States Courts Of Appeals, Thomas E. Baker
A Compendium Of Proposals To Reform The United States Courts Of Appeals, Thomas E. Baker
Faculty Publications
Judge Ginsburg has provided a judge's-eye view of the work of a United States Court of Appeals in her Dunwody Lecture.'From her perspective as a judge on the District of Columbia Circuit, she has done a fine job describing the process of deciding appellate cases and composing a reasoned decision. But simply describing" things as they are" in the decisional process will not suffice in this article for two reasons. First, Judge Ginsburg has already done that, as have other judges.
The "Facts" Of Federal Subject Matter Jurisdiction, William P. Marshall
The "Facts" Of Federal Subject Matter Jurisdiction, William P. Marshall
Faculty Publications
No abstract provided.
Territorial Authority And Personal Jurisdiction, Arthur M. Weisburd
Territorial Authority And Personal Jurisdiction, Arthur M. Weisburd
Faculty Publications
No abstract provided.
The Ambiguous Independent And Adequate State Ground In Criminal Cases: Federalism Along A Mobius Strip, Thomas E. Baker
The Ambiguous Independent And Adequate State Ground In Criminal Cases: Federalism Along A Mobius Strip, Thomas E. Baker
Faculty Publications
The Naked Public Square: Religion And Democracy In America , Carl H. Esbeck
The Naked Public Square: Religion And Democracy In America , Carl H. Esbeck
Faculty Publications
A crisis of confidence in our institutions and talk about loss of life's purpose are everywhere. Sociologists describe the modern individual's sense of isolation, his so-called spiritual homelessness, his weakening sense of values, and his bewilderment in the face of seemingly impersonal forces before which he feels helpless and often victimized.
Installment Land Contracts--The National Scene Revisited, Dale A. Whitman, Grant S. Nelson
Installment Land Contracts--The National Scene Revisited, Dale A. Whitman, Grant S. Nelson
Faculty Publications
In 1977 we published an article in this Review that discussed the legal aspects of the installment land contract. The installment contract was then, and continues to be, widely used as a device for seller financing of real estate. In our judgment, and increasingly in the judgment of the courts, that is a mistake. Few situations, if any, would lead an informed lawyer to advise his client to use an installment contract rather than its financing cousin, the note secured by a mortgage or deed of trust. Since the prior article was published, the courts have continued to place impediments …
When Can An Employee Sue For The Bad Faith Failure To Pay Benefits Provided By A Collective Bargaining Agreement?, Jay E. Grenig
When Can An Employee Sue For The Bad Faith Failure To Pay Benefits Provided By A Collective Bargaining Agreement?, Jay E. Grenig
Faculty Publications
No abstract provided.
Damages Awards In International Flight Disasters: The Court Takes Another Look, Michael Peter Waxman
Damages Awards In International Flight Disasters: The Court Takes Another Look, Michael Peter Waxman
Faculty Publications
No abstract provided.
Compelling Dumping In The United States: Can Foreign Governments Shield Unfair Trade Practices?, Michael P. Waxman
Compelling Dumping In The United States: Can Foreign Governments Shield Unfair Trade Practices?, Michael P. Waxman
Faculty Publications
No abstract provided.
Please Fasten Your Safety Belts For Landing: The Law Of Recovery And Liability In International Flights, Michael P. Waxman
Please Fasten Your Safety Belts For Landing: The Law Of Recovery And Liability In International Flights, Michael P. Waxman
Faculty Publications
No abstract provided.
Foreward: The Use And Control Of Punitive Damages, David Owen
Foreward: The Use And Control Of Punitive Damages, David Owen
Faculty Publications
No abstract provided.
Use Of Government Funding And Taxing Power To Regulate Schools, Carl H. Esbeck, Kline Capps
Use Of Government Funding And Taxing Power To Regulate Schools, Carl H. Esbeck, Kline Capps
Faculty Publications
The past two decades in America have witnessed a resurgence of interest in religious-based schooling. Manifestations of this trend are evident in the increased number of primary and secondary students enrolled in religious schools and the rapidity with which new church-affiliated schools are being opened.
Defining "Legitimacy" In Disparate Treatment Cases: Motivational Inferences As A Talisman For Analysis, Mack Player
Defining "Legitimacy" In Disparate Treatment Cases: Motivational Inferences As A Talisman For Analysis, Mack Player
Faculty Publications
No abstract provided.