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Articles 1 - 12 of 12

Full-Text Articles in Law

Chain Of Custody, Paul C. Giannelli Jan 1993

Chain Of Custody, Paul C. Giannelli

Faculty Publications

No abstract provided.


Rape Trauma Syndrome & Child Sexual Abuse Syndrome, Paul C. Giannelli Jan 1993

Rape Trauma Syndrome & Child Sexual Abuse Syndrome, Paul C. Giannelli

Faculty Publications

No abstract provided.


Innumeracy And Jurisprudence: The Surprising Difficulty Of Counting Petition Signatures, Jonathan L. Entin Jan 1993

Innumeracy And Jurisprudence: The Surprising Difficulty Of Counting Petition Signatures, Jonathan L. Entin

Faculty Publications

No abstract provided.


Defensible Fees, State Action, And The Legacy Of Massive Resistance, Jonathan L. Entin Jan 1993

Defensible Fees, State Action, And The Legacy Of Massive Resistance, Jonathan L. Entin

Faculty Publications

The Supreme Court of Virginia recently upheld the validity of a whites-only provision in an educational trust. The decision in Hermitage Methodist Homes of Virginia, Inc. v. Dominion Trust Co., would be noteworthy for that reason alone. It is important for three other reasons, however. First, this was not an ordinary property dispute; it arose directly from Brown v. Board of Education. The restriction at issue applied to a segregation academy in Prince Edward County, the most recalcitrant of the defendants in Brown. The academy was established to provide private education for whites when the county closed its public schools ...


Symposium On Religion And The Public Schools After Lee V. Weisman- Introduction, Jonathan L. Entin Jan 1993

Symposium On Religion And The Public Schools After Lee V. Weisman- Introduction, Jonathan L. Entin

Faculty Publications

Introduction to the Symposium: Religion and the Public Schools after Lee v. Weisman. Cleveland, Ohio, 1993


Of God And Caesar: The Free Exercise Rights Of Public School Students, George W. Dent Jan 1993

Of God And Caesar: The Free Exercise Rights Of Public School Students, George W. Dent

Faculty Publications

No abstract provided.


Looking For Default Rule Legitimacy In All The Wrong Places: A Critique Of The Authority Of Contract Model And The Coordination Principle Proposed By Professor Burto, Juliet P. Kostritsky Jan 1993

Looking For Default Rule Legitimacy In All The Wrong Places: A Critique Of The Authority Of Contract Model And The Coordination Principle Proposed By Professor Burto, Juliet P. Kostritsky

Faculty Publications

A central question of contract law remains: when should the law supply a term not expressly agreed to? Many scholars have addressed that question, yet the justification for law- supplied terms often remains unconvincing. Because many proposals to supply terms do not incorporate a comparative frameworkfor assessing the costs and benefits of legal interventions, they are incompletely justifled. This Article proposes that a comparative net benefit approach (developed in institutional economics to explain private arrangements) be adapted and expanded to resolve fundamental issues of legal intervention. This Article uses that framework to critique the (1) hypothetical bargain and (2) Ayres ...


“Junk Science”: The Criminal Cases, Paul C. Giannelli Jan 1993

“Junk Science”: The Criminal Cases, Paul C. Giannelli

Faculty Publications

No abstract provided.


The Constitutional Right To Defense Experts, Paul C. Giannelli Jan 1993

The Constitutional Right To Defense Experts, Paul C. Giannelli

Faculty Publications

No abstract provided.


Battered Woman Syndrome, Paul C. Giannelli Jan 1993

Battered Woman Syndrome, Paul C. Giannelli

Faculty Publications

No abstract provided.


The Confirmation Process And The Quality Of Political Debate, Jonathan L. Entin Jan 1993

The Confirmation Process And The Quality Of Political Debate, Jonathan L. Entin

Faculty Publications

This Article examines the seeming contradiction between the rise of the ideological model and the increasing public revulsion against the degrading spectacle that the confirmation process all too often has become. The principal problem with recent confirmation debates has been the exaggeration of the stakes of argument. Participants have focused so single-mindedly on winning the immediate battle that they have lost sight of the limited impact that any individual justice can have on American law and society. I suggest that the kind of political discourse which can promote effective government has both normative and empirical components. The normative aspect involves ...


Bargaining With Uncertainty, Moral Hazard And Sunk Costs: A Default Rule For Precontractual Negotiations, Juliet P. Kostritsky Jan 1993

Bargaining With Uncertainty, Moral Hazard And Sunk Costs: A Default Rule For Precontractual Negotiations, Juliet P. Kostritsky

Faculty Publications

Drawing from a model of bargaining behavior based on transaction cost economics, relational theories of contract,23 Williamsonian models of contracting behavior, and other economic insights, this Article argues that achieving the optimal solution for the complexities of bargaining relationships demands the adoption of a new legal default rule. This new default rule should have two aspects: First, the law should substantively recognize an implicit bargain, even in the absence of explicitly reciprocal communications. Second, the law should impose an obligation to perform that incorporates the terms of the parties' unexpressed, implicit bargain.