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Articles 31 - 60 of 95
Full-Text Articles in Law
Criminal Justice Reforms In The United States, Paul Marcus
Criminal Justice Reforms In The United States, Paul Marcus
Faculty Publications
No abstract provided.
Justice Scalia, Standing, And Public Law Litigation, Gene R. Nichol Jr.
Justice Scalia, Standing, And Public Law Litigation, Gene R. Nichol Jr.
Faculty Publications
No abstract provided.
Legal Anthropology Comes Home: A Brief History Of The Ethnographic Study Of Law, John M. Conley, William M. O'Barr
Legal Anthropology Comes Home: A Brief History Of The Ethnographic Study Of Law, John M. Conley, William M. O'Barr
Faculty Publications
No abstract provided.
Rape Trauma Syndrome & Child Sexual Abuse Syndrome, Paul C. Giannelli
Rape Trauma Syndrome & Child Sexual Abuse Syndrome, Paul C. Giannelli
Faculty Publications
No abstract provided.
Of God And Caesar: The Free Exercise Rights Of Public School Students, George W. Dent
Of God And Caesar: The Free Exercise Rights Of Public School Students, George W. Dent
Faculty Publications
No abstract provided.
Preemption By Fiat: The Department Of Labor's Usurpation Of Power Over Noncitizen Workers' Right To Unemployment Benefits, Irene Scharf
Preemption By Fiat: The Department Of Labor's Usurpation Of Power Over Noncitizen Workers' Right To Unemployment Benefits, Irene Scharf
Faculty Publications
This Article starts with the premise that the right to unemployment insurance benefits is a property right protected by the Fifth and Fourteenth Amendments to the United States Constitution, which apply to noncitizen unemployment applicants as well as to United States citizens. Given this assumption, certain actions being taken by the United States Department of Labor ("DOL") violate both procedural and substantive due process as well as the Administrative Procedure Act ("APA"). The challenged actions involve the DOL's issuance of internally-created missives, termed Unemployment Insurance Program Letters ("Program Letters"), that purport to interpret the meaning of a requirement under federal …
Mortgage Prepayment Clauses: An Economic And Legal Analysis, Dale A. Whitman
Mortgage Prepayment Clauses: An Economic And Legal Analysis, Dale A. Whitman
Faculty Publications
Most mortgages on income-producing real estate (as distinct from owner-occupied housing) contain clauses restricting early payment of the loan. These clauses are highly controversial, and borrowers often resist their enforcement. While other writers have discussed prepayment clauses in the recent legal literature, my objectives in this article are to advance this discussion in three respects: first, to provide an economic perspective on mortgage prepayment as support for a set of legal recommendations; second, to consider whether the bankruptcy of the mortgagor should affect enforceability of a prepayment fee clause; and third, to analyze the cumulative effect of the presence in …
Computing Time, James D. Ghiardi
Scientific Evidence In Wisconsin After Daubert, Daniel Blinka
Scientific Evidence In Wisconsin After Daubert, Daniel Blinka
Faculty Publications
No abstract provided.
Team Physicians And Competitive Athletes: Allocating Legal Responsibility For Athletic Injuries, Matthew J. Mitten
Team Physicians And Competitive Athletes: Allocating Legal Responsibility For Athletic Injuries, Matthew J. Mitten
Faculty Publications
No abstract provided.
What Triggers The Time Period For Applying For Attorney's Fees Under The Eaja In Social Security Benefits Cases?, Jay E. Grenig
What Triggers The Time Period For Applying For Attorney's Fees Under The Eaja In Social Security Benefits Cases?, Jay E. Grenig
Faculty Publications
No abstract provided.
Can A Federal Court Block The Enforcement Action Of A Federal Administrative Agency Before The Agency Has Reviewed The Action?, Jay E. Grenig
Can A Federal Court Block The Enforcement Action Of A Federal Administrative Agency Before The Agency Has Reviewed The Action?, Jay E. Grenig
Faculty Publications
No abstract provided.
Winners, Losers, And Attorney's Fees: Who Pays And When?, Jay E. Grenig
Winners, Losers, And Attorney's Fees: Who Pays And When?, Jay E. Grenig
Faculty Publications
No abstract provided.
Aids And Athletics, Matthew J. Mitten
A History Of The Opening Statement From Barristers To Corporate Lawyers: A Case Study Of South Carolina, W. Lewis Burke
A History Of The Opening Statement From Barristers To Corporate Lawyers: A Case Study Of South Carolina, W. Lewis Burke
Faculty Publications
No abstract provided.
Defining The Right To Die, David M. English
Defining The Right To Die, David M. English
Faculty Publications
Although Friedrich Nietzsche was not noted for his views on medical ethics, the above quotation captures the essence of James Lindgren's article. Lindgren posits that the recent O'Connor' and Cruzan decisions signal a shift in the law on the withdrawal or withholding of treatment. He concludes that the requirement set forth in those cases-that an individual must have clearly and convincingly expressed his or her wishes before treatment can be terminated--errs unduly on the side of life. Basing his conclusion primarily on preferences revealed by public opinion polls, he contends that a better rule would be to presume, subject to …
The Differing Treatment Of Efficiency And Competition In Antitrust And Tortious Interference Law, Gary Myers
The Differing Treatment Of Efficiency And Competition In Antitrust And Tortious Interference Law, Gary Myers
Faculty Publications
During the last twenty years, there has been a revolution in antitrust law. As a result of extensive scholarly and judicial analysis, a new learning has developed concerning the content, role, and effect of antitrust doctrines. This trend has focused primarily on the primacy of consumer welfare and economic efficiency. Most commentators now assume that these two interrelated goals are the principal, if not exclusive, concerns of antitrust law. The United States Supreme Court has responded to these new approaches by modifying or altering antitrust law in a long series of cases. Similarly, the new learning has affected the focus …
Rethinking Wrongful Life: Bridging The Boundary Between Tort And Family Law, Philip G. Peters Jr.
Rethinking Wrongful Life: Bridging The Boundary Between Tort And Family Law, Philip G. Peters Jr.
Faculty Publications
Traditional tort law embraces an unduly narrow notion of corrective justice that fails to resolve wrongful life disputes satisfactorily. The unique circumstances associated with the creation of a new life bring into play another, broader paradigm of responsibility: one that resembles family law more than tort. From this perspective, children whose birth can be attributed to tortious conduct have a strong moral claim for supplemental child support whenever a tortfeasor's interference with the pro- creative rights of the parents foreseeably results in the birth of a child and that child's parents cannot provide adequate support. In such an instance, the …
The Moral Foundations Of Products Liability Law: Toward First Principles, David G. Owen
The Moral Foundations Of Products Liability Law: Toward First Principles, David G. Owen
Faculty Publications
No abstract provided.
Redistributing Bank Insolvency Risks: Challenges To Limited Liability In The Bank Holding Company Structure, Lissa Lamkin Broome
Redistributing Bank Insolvency Risks: Challenges To Limited Liability In The Bank Holding Company Structure, Lissa Lamkin Broome
Faculty Publications
No abstract provided.
The Pressure Of Precedent: A Critique Of The Conservative Approaches To Stare Decisis In Abortion Cases, Michael J. Gerhardt
The Pressure Of Precedent: A Critique Of The Conservative Approaches To Stare Decisis In Abortion Cases, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Cyberspace, The Free Market And The Free Marketplace Of Ideas: Recognizing Legal Differences In Computer Bulletin Board Functions, Eric Goldman
Faculty Publications
No abstract provided.
Rethinking Indigent Defense: Promoting Effective Representation Through Consumer Sovereignty And Freedom Of Choice For All Criminal Defendants, David D. Friedman, Stephen J. Schulhofer
Rethinking Indigent Defense: Promoting Effective Representation Through Consumer Sovereignty And Freedom Of Choice For All Criminal Defendants, David D. Friedman, Stephen J. Schulhofer
Faculty Publications
No abstract provided.
La Diplomatie De La Détente: La Csce, 1973-1979, Jiri Toman
La Diplomatie De La Détente: La Csce, 1973-1979, Jiri Toman
Faculty Publications
No abstract provided.
Lessons From Federal Pesticide Regulation On The Paradigms And Politics Of Environmental Law Reform, Donald Thomas Hornstein
Lessons From Federal Pesticide Regulation On The Paradigms And Politics Of Environmental Law Reform, Donald Thomas Hornstein
Faculty Publications
No abstract provided.
An Essay On Independence, Interdependence, And The Suretyship Principle, Peter A. Alces
An Essay On Independence, Interdependence, And The Suretyship Principle, Peter A. Alces
Faculty Publications
In this article, Professor Peter A. Alces investigates the tension that exists between the independent and interdependent nature of contractual relations arising in suretyship agreements and letter of credit transactions. This discussion is particularly timely as the American Law Institute is currently revising both the Restatement of the Law of Suretyship and Article 5 of the Uniform Commercial Code, "Letters of Credit." This article discerns a basic incongruity between the two revisions' treatment of interrelated multiple party rights and discusses the consequences that this incongruity can be expected to have upon commercial transactions.
Intellectual Property Protection And Management: Law And Practice In Japan, Teruo Doi, George J. Alexander
Intellectual Property Protection And Management: Law And Practice In Japan, Teruo Doi, George J. Alexander
Faculty Publications
No abstract provided.
Information, Imagery, And The First Amendment: A Case For Expansive Protection Of Commercial Speech, Rodney A. Smolla
Information, Imagery, And The First Amendment: A Case For Expansive Protection Of Commercial Speech, Rodney A. Smolla
Faculty Publications
No abstract provided.
Political Will And The Unitary Executive: What Makes An Independent Agency Independent?, Neal Devins
Political Will And The Unitary Executive: What Makes An Independent Agency Independent?, Neal Devins
Faculty Publications
No abstract provided.
Roll Over, Llewellyn?, Peter A. Alces