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Articles 1 - 30 of 267
Full-Text Articles in Law
Scoping Out The Uncertain Simplification (Complication?) Effects Of Vats, Bats, And Consumed Income Taxes, J. Clifton Fleming Jr.
Scoping Out The Uncertain Simplification (Complication?) Effects Of Vats, Bats, And Consumed Income Taxes, J. Clifton Fleming Jr.
Faculty Scholarship
No abstract provided.
Real Estate Brokerage: Recent Changes In Relationships And A Proposed Cure, Ronald B. Brown, Joseph M. Grohman, Manuel R. Valcarcel
Real Estate Brokerage: Recent Changes In Relationships And A Proposed Cure, Ronald B. Brown, Joseph M. Grohman, Manuel R. Valcarcel
Faculty Scholarship
No abstract provided.
Bringing Small Business Development To Urban Neighborhoods, Robert E. Suggs
Bringing Small Business Development To Urban Neighborhoods, Robert E. Suggs
Faculty Scholarship
This article describes a race-neutral policy proposal designed to increase business formation and success rates for young urban African Americans. The proposal suggests using local governments' taxing authority, in a manner analogous to tax increment financing, to create financial incentives for successful small business owners to employ, and then mentor and train as business owners, young urban entrepreneurs from deteriorating neighborhoods. The amount of financial incentive varies directly with financial success of protégés and requires the transfer of some of the mentor’s social (reputational) capital to the protégé. Business activity has created wealth and economic mobility for other ethnic groups, …
Application Of International Water Law To Transboundary Groundwater Resources, And The Slovak-Hungarian Dispute Over Gabcikovo-Nagymaros, Gabriel Eckstein
Application Of International Water Law To Transboundary Groundwater Resources, And The Slovak-Hungarian Dispute Over Gabcikovo-Nagymaros, Gabriel Eckstein
Faculty Scholarship
The growth in global population and economic development has resulted in tremendous pressures on existing sources of fresh water. Human water use over the past three centuries increased by a factor of thirty-five and is growing by four to eight percent annually. Coupled with recurring international disputes over water resources, poor water management, and the realization that water is an indispensable but finite resource, these trends have propelled the use and management of transboundary groundwater resources to the forefront of legal debate.
Until recently, matters relating to groundwater resources were relatively ignored in the context of international law applicable to …
Am I My Partner's Keeper? Peer Review In Law Firms, Susan Saab Fortney
Am I My Partner's Keeper? Peer Review In Law Firms, Susan Saab Fortney
Faculty Scholarship
This article explores the concept of peer review in the practice of law. The article begins with an introduction to law partners’ liability exposure for the acts or omissions of their law partners. The article explains how this exposure has traditionally been approached as vicarious liability and how the government is attempting to transform these issues into direct liability by using failure to monitor claims. Part I briefly reviews perspectives on the emergence, growth, and structure of law firms, then uses a matrix to show how firm culture and organizational structure affect internal and external controls on attorney conduct. Part …
Why Irac Should Be Igpac, Barbara P. Blumenfeld
Why Irac Should Be Igpac, Barbara P. Blumenfeld
Faculty Scholarship
While IRAC is generally a good organizational tool, I find that the R or rule part of this formulation is often unclear to students. Despite what they are taught in class, many want to see “rule” as a general premise only, forgetting that it must also include fact specific examples of how that general premise has been applied in the past. This failure leaves them without any precedent to which they can analogize the facts of their own case.
The Guardianship Puzzle: Whatever Happened To Due Process?, Diane E. Hoffmann, Joan L. O'Sullivan
The Guardianship Puzzle: Whatever Happened To Due Process?, Diane E. Hoffmann, Joan L. O'Sullivan
Faculty Scholarship
No abstract provided.
Securing Deliberative Autonomy, James E. Fleming
Securing Deliberative Autonomy, James E. Fleming
Faculty Scholarship
In this article, Professor Fleming proposes to tether the right of autonomy by grounding it within a constitutional constructivism, a guidingframeworkfor constitutional theory with two fundamental themes: deliberative democracy and deliberative autonomy. He advances deliberative autonomy as a unifying theme that shows the coherence and structure of certain substantive liberties on a list of familiar "unenumerated" fundamental rights (commonly classed under privacy, autonomy, or substantive due process). The bedrock structure of deliberative autonomy secures basic liberties that are significant preconditions for persons' ability to deliberate about and make certain fundamental decisions affecting their destiny, identity, or way of life. As …
Professionalism, Gender And The Public Interest: The Advocacy Of Protection, Minna J. Kotkin
Professionalism, Gender And The Public Interest: The Advocacy Of Protection, Minna J. Kotkin
Faculty Scholarship
No abstract provided.
Property Law: 1995 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohman, Manuel R. Valcarcel Iv
Property Law: 1995 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohman, Manuel R. Valcarcel Iv
Faculty Scholarship
No abstract provided.
The "Burden" Of Proof In Federal Habeas Litigation, J. Thomas Sullivan
The "Burden" Of Proof In Federal Habeas Litigation, J. Thomas Sullivan
Faculty Scholarship
No abstract provided.
Through The Looking Glass Of Ethics And The Wrong With Rights We Find There, Susan P. Koniak
Through The Looking Glass Of Ethics And The Wrong With Rights We Find There, Susan P. Koniak
Faculty Scholarship
An ethic that imposes strong obligations to protect those who are most powerful and capable of protecting themselves and weak obligations to protect the powerless and most vulnerable is wrong. I take it this first proposition is self-evident, at least for those of us who still feel comfortable speaking of right and wrong. For those more comfortable speaking of "efficiency" and "inefficiency," the inefficiency of such an ethical system should similarly be self-evident.
Testing Children For Genetic Predispositions: Is It In Their Best Interest?, Diane E. Hoffmann, Eric A. Wulfsberg
Testing Children For Genetic Predispositions: Is It In Their Best Interest?, Diane E. Hoffmann, Eric A. Wulfsberg
Faculty Scholarship
No abstract provided.
Against The Peace And Dignity Of The State: Spousal Violence And Spousal Privilege, Malinda L. Seymore
Against The Peace And Dignity Of The State: Spousal Violence And Spousal Privilege, Malinda L. Seymore
Faculty Scholarship
Every indictment in Texas ends with the phrase, "[a]gainst the peace and dignity of the State." This phrase is in recognition of the fact that crimes are not purely personal matters between a defendant and a victim, but are offenses against society as a whole. By enacting changes to its spousal privilege statute, Texas has an opportunity to demonstrate that domestic violence offends the peace and dignity of the state.
The Fdic's Fraudulent Conveyance Power Under The Crime Control Act Of 1990: Bank Insolvency Law And The Politics Of The Iron Triangle, Edward J. Janger
The Fdic's Fraudulent Conveyance Power Under The Crime Control Act Of 1990: Bank Insolvency Law And The Politics Of The Iron Triangle, Edward J. Janger
Faculty Scholarship
No abstract provided.
How Can A Product Be Liable?, Anita Bernstein
How Can A Product Be Liable?, Anita Bernstein
Faculty Scholarship
No abstract provided.
Business Vs. Medical Ethics: Conflicting Standards For Managed Care, Wendy K. Mariner
Business Vs. Medical Ethics: Conflicting Standards For Managed Care, Wendy K. Mariner
Faculty Scholarship
The increased competition for a share of the market of insured patients, which arose in the wake of failed comprehensive health care reform, has provoked questions about what, if any, standards will govern new “competitive” health care organizations. Managed care arrangements, which typically shift to providers and patients some or all of the financial risk for patient care, are of special concern because they can create incentives to withhold beneficial care from patients. Of course, fee-for-service (FFS) medical practice creates incentives to provide unnecessary services, and managed care can avoid that type of harm. Still, as Edmund Pellegrino has noted, …
Foreword: A Recipe For Effecting Institutional Changes To Achieve Privatization, Tamar Frankel
Foreword: A Recipe For Effecting Institutional Changes To Achieve Privatization, Tamar Frankel
Faculty Scholarship
Symposium A Recipe for Effecting Institutional Changes to Achieve Privatization
..Of the many questions raised by privatization, this mini-conference will focus on the "how" in different countries: developed and developing, Western countries and the Eastern bloc (including China), emphasizing methodology and cultural traits. Clearly, the "how" will differ in fundamental aspects depending on the political and economic conditions of countries in which the process is taking place
The focus on the "how," however, does not mean that we will not consider other important questions that the movement to privatize raises. The papers presented in this mini-conference reflect a wide range …
Review Of "Constitutional Torts" By Sheldon H. Nahmod, Michael L. Wells, Thomas A. Eaton, Jack M. Beermann
Review Of "Constitutional Torts" By Sheldon H. Nahmod, Michael L. Wells, Thomas A. Eaton, Jack M. Beermann
Faculty Scholarship
The most interesting issues in the field of constitutional torts, involving the legal and moral bases for the government's responsibility for injuries it causes, are the most difficult ones for lawyers to explore. The question whether, as a moral or social policy matter, governments and government officials should enjoy immunities or other defenses not available to private individuals is rarely confronted directly in judicial opinions or in scholarship on constitutional torts, yet it lurks behind many of the doctrinal issues that come up in constitutional tort litigation.1 A slight scratch on the surface of doctrines as disparate as official …
Colloquium - Gender, Law And Health Care: New Perspectives For Teaching And Scholarship: The Role Of Gender In Law And Health Care, Karen H. Rothenberg
Colloquium - Gender, Law And Health Care: New Perspectives For Teaching And Scholarship: The Role Of Gender In Law And Health Care, Karen H. Rothenberg
Faculty Scholarship
No abstract provided.
Paying Attention To The Signs, Susan P. Koniak, Geoffrey C. Hazard
Paying Attention To The Signs, Susan P. Koniak, Geoffrey C. Hazard
Faculty Scholarship
After all our efforts and all Keck's money, where are we? Some good has been accomplished. By committing its resources to the study of legal ethics, the W.M. Keck Foundation has encouraged law schools to pay attention to a subject all too often ignored. That itself is good. The money has made things happen. Schools have held conferences devoted to legal ethics that otherwise would not have been held;1 schools have experimented with teaching programs in legal ethics that otherwise might have been left untried;' members of the practicing bar have had conversations and debates with academics about the …
Mandatory Prelicensure Legal Internship: A Renewed Plea For Its Implementation In Light Of The Maccrate Report, Stephen R. Alton
Mandatory Prelicensure Legal Internship: A Renewed Plea For Its Implementation In Light Of The Maccrate Report, Stephen R. Alton
Faculty Scholarship
Since its publication in 1992, virtually everyone who has any opinion about American legal education has been talking about the Mac- Crate Report. Relatively few among this multitude seem actually to have read the report itself. The purpose of this essay is to present an overview of this thoughtful document, along with some thoughts of my own regarding its implications for the future of legal education, particularly its implications for a mandatory prelicensure legal internship.
Assessing The Evolution And Available Actions For Recovery In Cultural Property Claims, Joshua E. Kastenberg
Assessing The Evolution And Available Actions For Recovery In Cultural Property Claims, Joshua E. Kastenberg
Faculty Scholarship
United States laws regarding antiquities are not settled, but an historic legal overview provides some guidance to the direction of cultural property claims. These laws gain importance with the realization that art is second only to narcotics in worldwide illegally trafficked items. Furthermore, there is an abundance of disputed cultural property within legitimate interests, such as museums and personal collections. Thus, before taking an overview of current legal protections, it may be helpful to briefly examine two current controversies.
Elizabeth's Story: Exploring Power Imbalances In Divorce Mediation, Scott H. Hughes
Elizabeth's Story: Exploring Power Imbalances In Divorce Mediation, Scott H. Hughes
Faculty Scholarship
Case study of many spouses who enter the divorce process with severe deficits in their abilities to deal with the emotional, economic, intellectual, and logistical issues which arise. Mediation may not be adviseable when there is an inequality of bargaining power due to abuse, inexperience, ignorance, socialization and/or the grieving process.
House Passess Unbalanced Clean Water Act, Denise D. Fort
House Passess Unbalanced Clean Water Act, Denise D. Fort
Faculty Scholarship
The Clean Water Act and the associated state statutes and regulations provide the framework for New Mexico's regulation (and nonregulation) of our rivers and streams. Both the federal and state laws need improvement if they are to work in New Mexico. As readers of The Green Fire Report well know, the "improvements" contemplated by the new Congress are unlikely to improve our water. H.R. 961, the House bill recently passed by the House, is simply unacceptable. President Clinton has indicated that he will veto the bill as passed by the House. Your efforts are needed to contact your federal legislators …
The Tax Treatment Of Limited Liability Companies: Law In Search Of Policy, Daniel S. Goldberg
The Tax Treatment Of Limited Liability Companies: Law In Search Of Policy, Daniel S. Goldberg
Faculty Scholarship
No abstract provided.
Responsibility, Causation, And The Harm-Benefit Line In Takings Jurisprudence, Glynn S. Lunney Jr
Responsibility, Causation, And The Harm-Benefit Line In Takings Jurisprudence, Glynn S. Lunney Jr
Faculty Scholarship
As one of the guarantees provided in the Bill of Rights, the Fifth Amendment's Compensation Clause restricts government's otherwise largely plenary power over privately-held property rights. While the Compensation Clause does not directly limit government's ability to change, modify, or even eliminate existing privately-held property rights, in certain instances it circumscribes government's ability to force individual property owners to bear the cost of such government-imposed changes. Specifically, for those government-imposed property redistributions found to be "takings" within the meaning of the Compensation Clause, the Fifth Amendment requires federal and state governments to compensate the property holder for the taking, and …
Genetic Information And Health Insurance: State Legislative Approaches, Karen H. Rothenberg
Genetic Information And Health Insurance: State Legislative Approaches, Karen H. Rothenberg
Faculty Scholarship
No abstract provided.
Feminist Legal Theories, Gary S. Lawson
Feminist Legal Theories, Gary S. Lawson
Faculty Scholarship
The issue before this panel is one of identification. What epistemologically justifies attaching to an idea or set of ideas the label "feminist legal theory"? In other words, how can one recognize an example of feminist legal theory if and when one comes across it?
Supreme Court Roundtable: Fogerty V. Fantasy, Inc. And Campbell V. Acuff-Rose Music, Inc., Beryl R. Jones-Woodin
Supreme Court Roundtable: Fogerty V. Fantasy, Inc. And Campbell V. Acuff-Rose Music, Inc., Beryl R. Jones-Woodin
Faculty Scholarship
No abstract provided.