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Series

2001

Faculty Publications

Discipline
Institution
Keyword

Articles 31 - 60 of 195

Full-Text Articles in Law

Diplomatic Adjudication, Nancy Amoury Combs Apr 2001

Diplomatic Adjudication, Nancy Amoury Combs

Faculty Publications

No abstract provided.


Bankruptcy Reform: Does The End Justify The Means?, A. Mechele Dickerson Apr 2001

Bankruptcy Reform: Does The End Justify The Means?, A. Mechele Dickerson

Faculty Publications

No abstract provided.


The Copyrightability Of New Works Of Authorship: 'Xml Schemas' As An Example, I. Trotter Hardy Apr 2001

The Copyrightability Of New Works Of Authorship: 'Xml Schemas' As An Example, I. Trotter Hardy

Faculty Publications

No abstract provided.


Professor Stephen H. Schulman, Peter J. Henning, Eric Kades Apr 2001

Professor Stephen H. Schulman, Peter J. Henning, Eric Kades

Faculty Publications

No abstract provided.


History And Interpretation Of The Great Case Of Johnson V. M'Intosh, Eric Kades Apr 2001

History And Interpretation Of The Great Case Of Johnson V. M'Intosh, Eric Kades

Faculty Publications

No abstract provided.


Court Administration As A Tool For Judicial Reform, Christie Warren Apr 2001

Court Administration As A Tool For Judicial Reform, Christie Warren

Faculty Publications

This paper focuses on court administration as a component of judicial branch reform in the United States and other countries.

Over the past fifty years, state and federal court systems in the United States have undergone a process of significant change. At the beginning of the twentieth century, courts were largely dependent upon the executive branch of government for administrative support and were for the most part externally dominated, disorganized, and poorly managed. By the end of the century, they had undergone a process of administrative innovation and improvement that changed the way they were managed. In other countries, judicial ...


Don't Disintegrate Microsoft (Yet), Alan J. Meese Apr 2001

Don't Disintegrate Microsoft (Yet), Alan J. Meese

Faculty Publications

No abstract provided.


Quiet Rebellion? Explaining Nearly A Decade Of Declining Federal Drug Sentences With Michael Heise, Frank O. Bowman Iii, Michael Heise Apr 2001

Quiet Rebellion? Explaining Nearly A Decade Of Declining Federal Drug Sentences With Michael Heise, Frank O. Bowman Iii, Michael Heise

Faculty Publications

The Article begins with an examination of three primarily empirical questions. First, is the trend real? In other words, is the apparent decrease in federal drug sentences merely a species of statistical hiccup, a random fluctuation that could move easily and rapidly in the other direction? Or is the decline in average drug sentences large enough, and the trend prolonged enough, that we can safely conclude that something meaningful is occurring?


Crumbs For Oliver Twist: Resolving The Conflict Between Tax And Support Claims In Bankruptcy, Michelle A. Cecil Apr 2001

Crumbs For Oliver Twist: Resolving The Conflict Between Tax And Support Claims In Bankruptcy, Michelle A. Cecil

Faculty Publications

This article is premised on the assumption that the congressional goal of preferring support claims over federal income tax claims is indeed a laudable one, based on three interrelated policy justifications. First, support claimants are unable to spread their risk of loss like the government is able to do by raising tax rates or increasing tax revenue from other sources. As three prominent bankruptcy scholars noted in their recent study of consumer bankruptcy entitled The Fragile Middle Class: Americans in Debt:


A Tribute To Governor Mel Carnahan, Kenneth D. Dean Apr 2001

A Tribute To Governor Mel Carnahan, Kenneth D. Dean

Faculty Publications

A Tribute to Governor Mel Carnahan


Book Review: Faith In Law: Essays In Legal Theory, S. I. Strong Mar 2001

Book Review: Faith In Law: Essays In Legal Theory, S. I. Strong

Faculty Publications

The essays collected in this book arise out of a series of seminars exploring the relationship between law and faith, broadly defined, and investigate "the many varied links between law and faith", particularly as those links relate to legal theory. While the editors intended to demonstrate the diversity of ways in which the topic can be viewed, this very diversity causes some problems for the reader.


Legislative Watch: State Bar Urges Adoption Of Ucc Revised Article 9, Ralph Anzivino Feb 2001

Legislative Watch: State Bar Urges Adoption Of Ucc Revised Article 9, Ralph Anzivino

Faculty Publications

No abstract provided.


Censorship Tsunami Spares College Media: To Protect Free Expression On Public Campuses, Lessons From The "College Hazelwood" Case, Richard J. Peltz-Steele Jan 2001

Censorship Tsunami Spares College Media: To Protect Free Expression On Public Campuses, Lessons From The "College Hazelwood" Case, Richard J. Peltz-Steele

Faculty Publications

Since the advent of journalism schools in the college academy, student publications have taken their place as a vital component of campus life. As counterparts to the Fourth Estate in the society at large, college journalists act as watchdogs on student government, ensuring that student money is wisely spent and student justice equitably administered. As an outpost of the Fourth Estate, college journalism serves all the public by monitoring the administration of higher education. In September 1999, a decision from the U.S. Court of Appeals for the Sixth Circuit threatened to radically distort the face of college journalism by ...


Pause At The Rubicon, John Marshall And Emancipation: Reparations In The Early National Period?, Frances Howell Rudko Jan 2001

Pause At The Rubicon, John Marshall And Emancipation: Reparations In The Early National Period?, Frances Howell Rudko

Faculty Publications

Marshall thought that the solution to emancipation and the end to slavery were to be nationally funded. He considered slavery a national problem, not a state problem, as most of his fellow Virginians insisted. In this he differed from most southerners who argued that slave matters were state matters and that the nation could involve itself in the institution of slavery only by strictly adhering to the role assigned to it by the Constitution under the three fifths clause and the fugitive slave clause.


Tipping The Scales Of Justice In Sexual Harassment Law, Anne Lawton Jan 2001

Tipping The Scales Of Justice In Sexual Harassment Law, Anne Lawton

Faculty Publications

No abstract provided.


Why Multilateralism Matters In Resolving Trade-Environment Disputes, Kevin C. Kennedy Jan 2001

Why Multilateralism Matters In Resolving Trade-Environment Disputes, Kevin C. Kennedy

Faculty Publications

No abstract provided.


International Trade In Agriculture: Where We've Been, Where We Are, And Where We're Headed, Kevin C. Kennedy Jan 2001

International Trade In Agriculture: Where We've Been, Where We Are, And Where We're Headed, Kevin C. Kennedy

Faculty Publications

No abstract provided.


Bibliography On Secession And International Law, Mary D. Hood Jan 2001

Bibliography On Secession And International Law, Mary D. Hood

Faculty Publications

The purpose of this bibliography is to bring together a variety of sources as a resource for the attendees of America's Regional Conference on Secession and International Law, sponsored by the International and Comparative Law Institute of Santa Clara University School of Law in cooperation with the Consortium on International Disputes Resolution (CIDIR). Issues discussed at this conference include:

  • Secession in the history of international relations;
  • Right of secession in comparative constitutional law;
  • Secession in present international law:
  • Rules and principles of international law with regard to secession;
  • Self-determination and secession;
  • Minorities, "peoples" and the right to self-determination at ...


Fulfilling The Bargain: How The Science Of Ergonomics Can Inform The Laws Of Workers’ Compensation, Jason M. Solomon Jan 2001

Fulfilling The Bargain: How The Science Of Ergonomics Can Inform The Laws Of Workers’ Compensation, Jason M. Solomon

Faculty Publications

In the last decade, cumulative trauma disorders have become a significant percentage of reported workplace injuries and litigated workers'compensation claims. Arising from the accumulated impact of daily work activities on the body, these injuries do not fall neatly within "disease" categories which comprise workers' compensation laws. As a result, courts and legislatures have struggled to properly evaluate workers' compensation claims for these injuries. This Note looks at the legal treatment of cumulative trauma injuries in light of the "original bargain" of workers' compensation, where workers give up a tort remedy against their employers in exchange for guaranteed, but limited ...


Impeachment Defanged And Other Institutional Ramifications Of The Clinton Scandals, Michael J. Gerhardt Jan 2001

Impeachment Defanged And Other Institutional Ramifications Of The Clinton Scandals, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Hardball, Politics, And The Nlrb, Michael Ashley Stein Jan 2001

Hardball, Politics, And The Nlrb, Michael Ashley Stein

Faculty Publications

No abstract provided.


Book Review Of The Riddle Of All Constitutions: International Law, Democracy, And The Critique Of Ideology, Evan J. Criddle Jan 2001

Book Review Of The Riddle Of All Constitutions: International Law, Democracy, And The Critique Of Ideology, Evan J. Criddle

Faculty Publications

No abstract provided.


Carter, Reagan, And Khomeini: Presidential Transitions And International Law, Nancy Amoury Combs Jan 2001

Carter, Reagan, And Khomeini: Presidential Transitions And International Law, Nancy Amoury Combs

Faculty Publications

No abstract provided.


International Criminal Jurisprudence Comes Of Age: The Substance And Procedure Of An Emerging Discipline, Nancy Amoury Combs Jan 2001

International Criminal Jurisprudence Comes Of Age: The Substance And Procedure Of An Emerging Discipline, Nancy Amoury Combs

Faculty Publications

No abstract provided.


Norm Theory And The Future Of The Federal Appointments Process, Michael J. Gerhardt Jan 2001

Norm Theory And The Future Of The Federal Appointments Process, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Book Review Of Eco-Pragmatism: Making Sensible Environmental Decisions In An Uncertain World, Lynda L. Butler Jan 2001

Book Review Of Eco-Pragmatism: Making Sensible Environmental Decisions In An Uncertain World, Lynda L. Butler

Faculty Publications

No abstract provided.


Not So Different: Tangible, Intangible, Digital, And Analog Works And Their Comparison For Copyright Purposes, I. Trotter Hardy Jan 2001

Not So Different: Tangible, Intangible, Digital, And Analog Works And Their Comparison For Copyright Purposes, I. Trotter Hardy

Faculty Publications

No abstract provided.


Panel Four: Revolutionary Regulatory Strategies For Managing The Uncertainty Of Technological Innovation, Michael A. Lawrence Jan 2001

Panel Four: Revolutionary Regulatory Strategies For Managing The Uncertainty Of Technological Innovation, Michael A. Lawrence

Faculty Publications

No abstract provided.


Reproduction Of Hierarchy? A Social Network Analysis Of The American Law Professoriate, Daniel Martin Katz, Joshua R. Gubler, Jon Zelner, Michael J. Bommarito Ii, Eric Provins, Eitan Ingall Jan 2001

Reproduction Of Hierarchy? A Social Network Analysis Of The American Law Professoriate, Daniel Martin Katz, Joshua R. Gubler, Jon Zelner, Michael J. Bommarito Ii, Eric Provins, Eitan Ingall

Faculty Publications

No abstract provided.


Section 1983: Agent Of Peace Or Vehicle Of Violence Against Children, Susan H. Bitensky Jan 2001

Section 1983: Agent Of Peace Or Vehicle Of Violence Against Children, Susan H. Bitensky

Faculty Publications

No abstract provided.