Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 10 of 10

Full-Text Articles in Law

Race, Ethnicity, Erasure: The Salience Of Race To Latcrit Theory, Ian F. Haney-Lopez Oct 1997

Race, Ethnicity, Erasure: The Salience Of Race To Latcrit Theory, Ian F. Haney-Lopez

Faculty Scholarship

Discusses issues related to race relations in the United States using the `Hernandez v. Texas' case. Social constructionist understanding of Latino racial identity; Salience of race in Latino identity; Extent of Latino racialization; Question of the language of race's appropriateness.


The World Of Contract And The World Of Gift, Melvin Aron Eisenberg Jul 1997

The World Of Contract And The World Of Gift, Melvin Aron Eisenberg

Faculty Scholarship

Examines the social and legal implications of the treatment of donative promise as an absolute enforceable contract in the United States. Evolution of the donative-promise doctrine; Case laws on donative promise; Moral and social significance of donative promises; Substantive bases for donative-promise principle.


Adjudication And Its Discontents: Coherence And Conciliation In Federal Indian Law, Philip P. Frickey Jun 1997

Adjudication And Its Discontents: Coherence And Conciliation In Federal Indian Law, Philip P. Frickey

Faculty Scholarship

Federal indian law is rooted in conflicting principles that leave the field in a morass of doctrinal and normative incoherence. In this Commentary, Professor Frickey begins by criticizing two recent efforts to bring coherence to this field. One approach, which narrows the scope of inquiry and attempts to apply non-normative doctrinal analysis, ignores the fictional nature of much federal Indian law doctrine and fails to appreciate the significance of normative and historical principles lurking behind the doctrine. The other approach, which seeks to construct a single descriptive paradigm from the case law, .fails because federal Indian law precedents do not ...


The Danger Of Winning: Contract Law Ramifications Of Successful Bailey Challenges For Plea-Convicted Defendants, T. Alper Jan 1997

The Danger Of Winning: Contract Law Ramifications Of Successful Bailey Challenges For Plea-Convicted Defendants, T. Alper

Faculty Scholarship

Evaluates contract law ramifications of successful challenges for plea-convicted defendants. Examination of district courts that allowed reindictment subsequent to successful collateral attack; Defendant obligations under a typical plea agreement; Factors dictating the frequency of using the contract law doctrine of frustration of purpose.


Social, Cultural, And Temporal Dynamics Of The Aids Case Congregation: Early Years Of The Epidemic, Kriss A. Drass, Peter R. Gregware, Michael Musheno Jan 1997

Social, Cultural, And Temporal Dynamics Of The Aids Case Congregation: Early Years Of The Epidemic, Kriss A. Drass, Peter R. Gregware, Michael Musheno

Faculty Scholarship

The article looks at how social and cultural factors shape judicial decisions, with respect to the AIDS epidemic in the United States, with reference to the early years of the epidemic from 1983-1989. The temporal analysis of the opinions of AIDS related cases suggests the emergence of more than one AIDS case congregation, by the end of the 1980s among reported cases. The initial construction of AIDS as a gay disease mobilized gay activists, including gay rights litigators who saw up close the problems that White gay people with AIDS faced in the workplace, housing, and health care. The activists ...


Traffic Stops, Minority Motorists, And The Future Of The Fourth Amendment, David A. Sklansky Jan 1997

Traffic Stops, Minority Motorists, And The Future Of The Fourth Amendment, David A. Sklansky

Faculty Scholarship

No abstract provided.


Privacy And The Economics Of Personal Health Care Information, Paul M. Schwartz Jan 1997

Privacy And The Economics Of Personal Health Care Information, Paul M. Schwartz

Faculty Scholarship

No abstract provided.


Interrogating Richard Leo's Claims About Police Scholarship, Michael Musheno Jan 1997

Interrogating Richard Leo's Claims About Police Scholarship, Michael Musheno

Faculty Scholarship

The article discusses notions of police scholars propounded by review essayist Richard Leo. The current generation of sociolegal scholars pursuing police studies are integrating American and European traditions to generate a new body of critical inquiry, uncovering new insights about the meaning of policing, pursuing issues of policing ignored in the 1960s and connecting police practices to processes of state formation and legitimacy. This latter focus includes critical scholarship about community policing, an area of inquiry that Leo claims is fully under the grip of the policy audience. As for the pull of the policy audience, Leo offers no empirical ...


Do Guaranteed-Low-Price Policies Guarantee High Prices, And Can Antitrust Rise To The Challenge, Aaron S. Edlin Jan 1997

Do Guaranteed-Low-Price Policies Guarantee High Prices, And Can Antitrust Rise To The Challenge, Aaron S. Edlin

Faculty Scholarship

Focuses on the anticompetitiveness of price matching among sellers. Agreement between a buyer and seller to have the seller match the price of another seller; Argument that buyer-seller agreements drive the anticompetitive potential of price matching; Proposal of a legal approach to price matching.


Protection Of Famous Trademarks In Japan And The United States, Kenneth L. Port Jan 1997

Protection Of Famous Trademarks In Japan And The United States, Kenneth L. Port

Faculty Scholarship

The concepts of trademark jurisprudence in Japan and the United States differ drastically. This difference is apparent in many aspects of trademark protection in both countries and is most evident in the treatment of famous marks. Although Japan and the United States share elements of trademark law that cause some observers to claim that Japan is legally the fifty-first State, the conceptual differences at the foundation of trademark law in each country are so significant that such a claim seems inaccurate and misleading.