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Articles 1 - 23 of 23
Full-Text Articles in Law
Indigenous Peoples And International Law Issues, S. James Anaya
Indigenous Peoples And International Law Issues, S. James Anaya
Publications
No abstract provided.
The Promise Of The United Nations Convention On The Law Of The Sea (Unclos): Justice In Trade And Environment Disputes, Lakshman Guruswamy
The Promise Of The United Nations Convention On The Law Of The Sea (Unclos): Justice In Trade And Environment Disputes, Lakshman Guruswamy
Publications
No abstract provided.
Historical Water Use And The Protection Of Vested Rights: A Challenge For Colorado Water Law, James N. Corbridge Jr.
Historical Water Use And The Protection Of Vested Rights: A Challenge For Colorado Water Law, James N. Corbridge Jr.
Publications
No abstract provided.
A New Options Theory For Risk Multipliers Of Attorney's Fees In Federal Civil Rights Litigation, Peter H. Huang
A New Options Theory For Risk Multipliers Of Attorney's Fees In Federal Civil Rights Litigation, Peter H. Huang
Publications
Given the importance of private enforcement of federal civil rights laws, Congress and the courts have attempted to encourage plaintiffs' attorneys to accept meritorious civil rights cases through fee shifting and risk multipliers. Recently, however, the Supreme Court has essentially prohibited the use of risk multipliers, thus undercompensating attorneys for the risk of losing civil rights actions and discouraging the filing of such cases. In this Article, Professor Huang develops a new options-based theory of calculating attorney's fees. Professor Huang argues that a lawsuit consists of a sequence of options to continue with the case rather than a once-and-for-all irreversible …
Introduction: Symposium On Constitutional Elitism, Robert F. Nagel
Introduction: Symposium On Constitutional Elitism, Robert F. Nagel
Publications
No abstract provided.
Judicial Supremacy And The Settlement Function, Robert F. Nagel
Judicial Supremacy And The Settlement Function, Robert F. Nagel
Publications
No abstract provided.
The Execution Of Search Warrants, H. Patrick Furman
The Execution Of Search Warrants, H. Patrick Furman
Publications
No abstract provided.
Book Review, Lakshman D. Guruswamy
Should Unclos Or Gatt/Wto Decide Trade And Environment Disputes?, Lakshman D. Guruswamy
Should Unclos Or Gatt/Wto Decide Trade And Environment Disputes?, Lakshman D. Guruswamy
Publications
No abstract provided.
The Federal Psychotherapist-Patient Privilege After Jaffee: Truth And Other Values In A Therapeutic Age, Christopher B. Mueller
The Federal Psychotherapist-Patient Privilege After Jaffee: Truth And Other Values In A Therapeutic Age, Christopher B. Mueller
Publications
No abstract provided.
Sex And The Social Order: The Selective Enforcement Of Colonial American Adultery Laws In The English Context, Carolyn B. Ramsey
Sex And The Social Order: The Selective Enforcement Of Colonial American Adultery Laws In The English Context, Carolyn B. Ramsey
Publications
No abstract provided.
Dangers Of Monetary Commensurability: A Psychological Game Model Of Contagion, Peter H. Huang
Dangers Of Monetary Commensurability: A Psychological Game Model Of Contagion, Peter H. Huang
Publications
No abstract provided.
Cases Versus Theory, Richard B. Collins
Notice And Notification Under The Revised Uniform Partnership Act: Some Suggested Changes, J. Dennis Hynes
Notice And Notification Under The Revised Uniform Partnership Act: Some Suggested Changes, J. Dennis Hynes
Publications
This Article addresses the decision by the drafters of the revised Uniform Partnership Act (1996) (RUPA) to reduce the traditional defenses available to partnerships in apparent authority cases. RUPA eliminated the requirement that apparent authority claims against a partnership be based on the claimant's reasonable expectations. Under RUPA a partnership is liable for a partner's unauthorized act even when the claimant had reason to know the act was unauthorized. A defense based on the claimant's knowledge is effective only when the claimant actually knows--is cognitively aware--that the act was unauthorized. This Article argues that this places an unfair burden on …
The Corporate Director's Duty Of Oversight, Mark J. Loewenstein
The Corporate Director's Duty Of Oversight, Mark J. Loewenstein
Publications
No abstract provided.
Authorizing Interpretation, Pierre Schlag
Indian Tribal Rights And The National Forests: The Case Of The Aboriginal Lands Of The Nez Perce Tribe, Charles F. Wilkinson
Indian Tribal Rights And The National Forests: The Case Of The Aboriginal Lands Of The Nez Perce Tribe, Charles F. Wilkinson
Publications
No abstract provided.
Women And The Promise Of Equal Citizenship, Jennifer S. Hendricks
Women And The Promise Of Equal Citizenship, Jennifer S. Hendricks
Publications
Anticipating the decision in United States v. Morrison (2000), holding that the civil rights remedy of the Violence Against Women Act was not a legitimate exercise of Congress's power to enforce the Equal Protection Clause, this article argues that the Act could be upheld as an exercise of Congress's authority under the Citizenship Clause of the Fourteenth Amendment. Congress's authority under the Citizenship Clause is analogous to its authority under the "badges and incidents" doctrine of the Thirteenth Amendment, which allows Congress to provide protection from discriminatory violence. This theory would also guide interpretation of the act to focus on …
Subtracting Sexism From The Classroom: Law And Policy In The Debate Over All-Female Math And Science Classes In Public Schools, Carolyn B. Ramsey
Subtracting Sexism From The Classroom: Law And Policy In The Debate Over All-Female Math And Science Classes In Public Schools, Carolyn B. Ramsey
Publications
No abstract provided.
Publicity In High Profile Criminal Cases, H. Patrick Furman
Publicity In High Profile Criminal Cases, H. Patrick Furman
Publications
No abstract provided.
The American "Adversary System"?, William T. Pizzi
Tapping Rainy Day Funds For The Reluctant Entrepreneur: Downsizing, Paternalism, And The Internal Revenue Code, Edward J. Gac, Wayne M. Gazur
Tapping Rainy Day Funds For The Reluctant Entrepreneur: Downsizing, Paternalism, And The Internal Revenue Code, Edward J. Gac, Wayne M. Gazur
Publications
No abstract provided.
Customary International Law, S. James Anaya