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Articles 31 - 60 of 139
Full-Text Articles in Law
The Consent Of The Governed: Recall Of United States Senators, Timothy Zick
The Consent Of The Governed: Recall Of United States Senators, Timothy Zick
Faculty Publications
No abstract provided.
From Jeans To Genes: The Evolving Nature Of Property Of The Estate, A. Mechele Dickerson
From Jeans To Genes: The Evolving Nature Of Property Of The Estate, A. Mechele Dickerson
Faculty Publications
No abstract provided.
Institutional Analysis Of Municipal Liability Under Section 1983, Michael J. Gerhardt
Institutional Analysis Of Municipal Liability Under Section 1983, Michael J. Gerhardt
Faculty Publications
No abstract provided.
The Road To The Virtual Courtroom? A Consideration Of Today’S -- And Tomorrow’S -- High Technology Courtrooms, Fredric I. Lederer
The Road To The Virtual Courtroom? A Consideration Of Today’S -- And Tomorrow’S -- High Technology Courtrooms, Fredric I. Lederer
Faculty Publications
No abstract provided.
Law And Politics In Judicial Oversight Of Federal Administrative Agencies, Martha Anne Humphries, Donald R. Songer
Law And Politics In Judicial Oversight Of Federal Administrative Agencies, Martha Anne Humphries, Donald R. Songer
Faculty Publications
Administrative agencies play a substantial role in the formulation and implementation of national policy Central to this role is their exercise of discretion. A normative consensus exists that such discretion should be constrained by administrative deference to the rule of law. The courts of appeals are expected to insure that such discretion is constrained. The analysis reported below examines how effectively they fulfill that expectation The findings suggest that agency success is related to political considerations, with agencies being successful when their decisions are consistent with the policy preferences of the judges. However, variables that captured elements of the legal …
Bearing False Witness: The Clinton Impeachment And The Future Of Academic Freedom, Neal Devins
Bearing False Witness: The Clinton Impeachment And The Future Of Academic Freedom, Neal Devins
Faculty Publications
No abstract provided.
The Privilege's Last Stand: The Privilege Against Self-Incrimination And The Right To Rebel Against The State, Michael S. Green
The Privilege's Last Stand: The Privilege Against Self-Incrimination And The Right To Rebel Against The State, Michael S. Green
Faculty Publications
No abstract provided.
Civil Rights Act Of 1991 -- Employer Liability For Punitive Damages In Title Vii Claims, Angela M. Banks
Civil Rights Act Of 1991 -- Employer Liability For Punitive Damages In Title Vii Claims, Angela M. Banks
Faculty Publications
No abstract provided.
The Lessons Of Impeachment History, Michael J. Gerhardt
The Lessons Of Impeachment History, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Implications Of The Tax Reform Proposals For Fraud – Or – How To Shift To A Consumption Tax Without Helping The Cheaters, Kalyani Robbins
Implications Of The Tax Reform Proposals For Fraud – Or – How To Shift To A Consumption Tax Without Helping The Cheaters, Kalyani Robbins
Faculty Publications
The vast majority of the proposals on the table today are simply different implementation mechanisms of the same basic idea: a change in the tax base from income to consumption. The purpose of this article is to consider the implications some of these proposals have for the enforcement of tax compliance (prevention of cheating). For this reason, it will only briefly address the impetus for a consumption tax and the policy considerations behind it. The first part will also give short descriptions of the proposals that will be considered in this article: the National Retail Sales Tax, the Savings-Exempt Income …
Two Cheers For The Commission On Structural Alternatives For The Federal Courts Of Appeals, Thomas E. Baker
Two Cheers For The Commission On Structural Alternatives For The Federal Courts Of Appeals, Thomas E. Baker
Faculty Publications
No abstract provided.
No-Drop Prosecution Of Domestic Violence: Just Good Policy, Or Equal Protection Mandate?, Kalyani Robbins
No-Drop Prosecution Of Domestic Violence: Just Good Policy, Or Equal Protection Mandate?, Kalyani Robbins
Faculty Publications
Domestic violence is a problem that must be dealt with for what it is: a criminal act. The only way to effectively diminish it is through the full force of the criminal justice system, which must treat domestic violence the same as it treats crime by strangers. The purpose of this note is to argue that aggressive prosecution of domestic violence-at least to the same extent that other violent crimes are prosecuted-is mandated by the Equal Protection Clause of the Fourteenth Amendment. Part I will examine the extent of the problems that pervade the criminal justice system, both historically and …
The Role Of The States In Combating Managed Care Fraud And Abuse, Joan H. Krause
The Role Of The States In Combating Managed Care Fraud And Abuse, Joan H. Krause
Faculty Publications
No abstract provided.
The Unnecessary Victims' Rights Amendment, Robert P. Mosteller
The Unnecessary Victims' Rights Amendment, Robert P. Mosteller
Faculty Publications
No abstract provided.
Members’ Briefing: Licensing, Anne Klinefelter
Members’ Briefing: Licensing, Anne Klinefelter
Faculty Publications
No abstract provided.
Spoiling The Surprise: Constraints Facing Random Regulatory Inspections In Japan And The United States, Andrew Chin
Spoiling The Surprise: Constraints Facing Random Regulatory Inspections In Japan And The United States, Andrew Chin
Faculty Publications
This Article is organized as follows. Part I presents a rational actor model of legal compliance under an enforcement regime based on random inspections and identifies two classes of reforms that can be applied in combination to improve aggregate compliance. Part II introduces the problem of corrupt tip-offs into the model and argues that exogenous reforms are necessary to combat corruption. Part III surveys the use of random administrative inspections in the United States, reviews the approaches taken by four such programs to improve compliance and fight corruption, and describes the various constraints under which they must operate. Part IV …
Database Protection In A Digital World, Mary Maureen Brown, Robert M. Bryan, John M. Conley
Database Protection In A Digital World, Mary Maureen Brown, Robert M. Bryan, John M. Conley
Faculty Publications
No abstract provided.
Institutional Analysis Of Municipal Liability Under Section 1983, Michael J. Gerhardt
Institutional Analysis Of Municipal Liability Under Section 1983, Michael J. Gerhardt
Faculty Publications
No abstract provided.
The Lessons Of Impeachment History, Michael J. Gerhardt
The Lessons Of Impeachment History, Michael J. Gerhardt
Faculty Publications
No abstract provided.
The Constitutionality Of Censure, Michael J. Gerhardt
The Constitutionality Of Censure, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Self-Interest, Politics, And The Environment: A Response To Professor Schroeder, Donald Thomas Hornstein
Self-Interest, Politics, And The Environment: A Response To Professor Schroeder, Donald Thomas Hornstein
Faculty Publications
No abstract provided.
Environmental Sustainability And Environmental Justice At The International Level: Traces Of Tension And Traces Of Synergy, Donald Thomas Hornstein
Environmental Sustainability And Environmental Justice At The International Level: Traces Of Tension And Traces Of Synergy, Donald Thomas Hornstein
Faculty Publications
No abstract provided.
Reconstructing Self-Determination: The Role Of Critical Theory In The Positivist International Law Paradigm, Ediberto Román
Reconstructing Self-Determination: The Role Of Critical Theory In The Positivist International Law Paradigm, Ediberto Román
Faculty Publications
This article (or conference transcription) discuses the role that critical race theory may have on what, will be called, self-determination movements. It commences with the introduction of four speakers Taygab Muhmud, Seigfried Weissner, Julie Mertus and Donna Coker, discussing various forms of self-determination movements of indigenous people, the neocolonial plight of the people of South Asia and a comparative analysis of Eastern Europeans. The article then undertakes an innovative critical analysis of the acceptance of the liberal international law doctrine of self-determination. In particular, it will critique the purportedly universal norm of self-determination in order to expose and explain its …
I Don't Want To Play God: A Response To Professor Tremblay, Justine A. Dunlap
I Don't Want To Play God: A Response To Professor Tremblay, Justine A. Dunlap
Faculty Publications
In Acting "A Very Moral Type of God": Triage Among Poor Clients, an article in this Symposium issue, Professor Paul R. Tremblay argues for the need for triage in the selection of legal services cases and clients and suggests a formula for making those triage decisions. While many of Professor Tremblay's views are unassailable, there is a part of me that rejects absolutely his hierarchy of case selection. In this musing on Professor Tremblay's meditation, I attempt to sort out the basis for my strong reaction to some of his points. I join others who have rejected a system …
Section 365 In The Consumer Context: Something Old, Something New, Something Borrowed, Something Blue, Michael G. Hillinger, Ingrid Michelsen Hillinger
Section 365 In The Consumer Context: Something Old, Something New, Something Borrowed, Something Blue, Michael G. Hillinger, Ingrid Michelsen Hillinger
Faculty Publications
The § 365 consumer debtor case law has a further complication. Much of it arises in the context of the last great bankruptcy frontier, Chapter 13. Until recently, Chapter 11 has occupied the minds and hearts of courts and attorneys. Not any more. And, as attorneys and courts take a closer, harder look at Chapter 13, it is no longer possible to describe it as a “streamlined creditors-can’t-vote Chapter 11”. Chapter 13 is unique, presenting its very own quandaries, not the least of which is how its provisions and § 365 interact. We live in interesting times.
Labor Law Access Rules And Stare Decisis: Developing A Planned Parenthood-Based Model Of Reform, Rafael Gely, Leonard Bierman
Labor Law Access Rules And Stare Decisis: Developing A Planned Parenthood-Based Model Of Reform, Rafael Gely, Leonard Bierman
Faculty Publications
This article deals with labor law access rules, particularly the rights of unions to gain access to employers' private property for organizing purposes. Professors Gely and Bierman provide a comprehensive analysis of the access issue and identify two major problems with the manner in which the Supreme Court has approached this area. First, the Supreme Court has dealt piecemeal with the various aspects of this problem without attempting to develop a coherent framework. Second, the Court has been reluctant to analyze the access issue within the context of today's workplace.Professors Gely and Bierman attribute the Supreme Court's flawed approach to …
Hindsight Bias And Tort Liability: Avoiding Premature Conclusions, Philip G. Peters Jr.
Hindsight Bias And Tort Liability: Avoiding Premature Conclusions, Philip G. Peters Jr.
Faculty Publications
Cognitive psychologists know that judgments made in hindsight are distorted by two cognitive heuristics-hindsight bias and outcome bias. Hindsight bias makes bad outcomes seem more predictable in hindsight than they were ex ante. Outcome bias induces us to assume that people who cause accidents have been careless. Because of these biases, individuals who know that a bad outcome has occurred tend to evaluate prior conduct more harshly than they would if they were unaware of the actual outcome. In negligence actions, defendants are supposed to be judged by the reasonableness of their conduct, not by its outcome. Jurors are asked …
Why Baseball’S Antitrust Exemption Survives, J. Gordon Hylton
Why Baseball’S Antitrust Exemption Survives, J. Gordon Hylton
Faculty Publications
No abstract provided.
Getting Along: The Evolution Of Dispute Resolution Regimes In International Trade Organizations, Andrea Kupfer Schneider
Getting Along: The Evolution Of Dispute Resolution Regimes In International Trade Organizations, Andrea Kupfer Schneider
Faculty Publications
No abstract provided.
The Demise Of Hypothetical Jurisdiction In The Federal Courts, Scott C. Idleman
The Demise Of Hypothetical Jurisdiction In The Federal Courts, Scott C. Idleman
Faculty Publications
This article examines the causes, nature, and potential demise of a federal judicial practice known as hypothetical jurisdiction, whereby a court renders a binding judgment in a case without first verifying that it has the power to do so. By the mid-1990s, every federal court of appeals had adopted the practice, despite the fact that it violated fundamental tenets of judicial power and, in some cases, the Constitution itself. In 1998, the Supreme Court attempted to repudiate this practice, but the scope of the repudiation was not clearly delineated and the Court left unresolved a number of questions and left …