Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legal Education (148)
- Constitutional Law (144)
- Social and Behavioral Sciences (133)
- Criminal Law (115)
- International Law (113)
-
- Environmental Law (104)
- Health Law and Policy (89)
- Law and Society (88)
- Civil Rights and Discrimination (87)
- Courts (87)
- Legal History (82)
- Legal Ethics and Professional Responsibility (73)
- Legislation (73)
- Law and Gender (72)
- Natural Resources Law (72)
- Business Organizations Law (71)
- State and Local Government Law (71)
- Legal Profession (70)
- Administrative Law (61)
- Labor and Employment Law (60)
- Arts and Humanities (57)
- Criminal Procedure (56)
- Water Law (55)
- Comparative and Foreign Law (53)
- Public Affairs, Public Policy and Public Administration (50)
- Dispute Resolution and Arbitration (49)
- Family Law (49)
- Legal Writing and Research (49)
- Tax Law (49)
- Institution
-
- Brigham Young University Law School (495)
- University of Minnesota Law School (124)
- University of Chicago Law School (107)
- Golden Gate University School of Law (84)
- Columbia Law School (79)
-
- William & Mary Law School (77)
- University of Michigan Law School (76)
- Duke Law (74)
- Maurer School of Law: Indiana University (68)
- Boston University School of Law (57)
- Cornell University Law School (55)
- University of Colorado Law School (50)
- University of Pennsylvania Carey Law School (49)
- New York Law School (46)
- University of Washington School of Law (41)
- Notre Dame Law School (39)
- Chicago-Kent College of Law (35)
- Vanderbilt University Law School (35)
- Georgetown University Law Center (34)
- Louisiana State University (34)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (34)
- Fordham Law School (33)
- Case Western Reserve University School of Law (32)
- UC Law SF (32)
- Touro University Jacob D. Fuchsberg Law Center (30)
- University of Maryland Francis King Carey School of Law (30)
- University of Richmond (28)
- American University Washington College of Law (26)
- Brooklyn Law School (25)
- Pace University (25)
- Keyword
-
- LSU Student Government (34)
- Law (29)
- United States Supreme Court (25)
- Ethics (22)
- Law professors (20)
-
- United States (20)
- Discrimination (19)
- University of Michigan Law School (19)
- Law schools (18)
- Ohio (18)
- CalFed Bay-Delta Program (17)
- Constitutional Law (17)
- Law students (17)
- Litigation (17)
- Constitutional law (16)
- International law (16)
- Legal education (16)
- Bankruptcy (15)
- Antitrust (14)
- Curriculum (14)
- History (14)
- Privacy (14)
- Race (14)
- Supreme Court (14)
- Women (14)
- Book review (13)
- Children (13)
- Environmental law (13)
- Events (13)
- Evidence (13)
- Publication
-
- Utah Court of Appeals Briefs (1996–2006) (489)
- Faculty Scholarship (383)
- Articles (211)
- Faculty Publications (138)
- All Faculty Scholarship (103)
-
- Scholarly Works (79)
- Cornell Law Faculty Publications (54)
- Journal Articles (53)
- Minnesota Law Review (44)
- Constitutional Commentary (43)
- Articles & Chapters (36)
- Vanderbilt Law School Faculty Publications (35)
- Georgetown Law Faculty Publications and Other Works (34)
- Publications (34)
- Student Senate Enrolled Legislation (34)
- Articles by Maurer Faculty (33)
- California Agencies (33)
- Faculty Articles (32)
- Law Faculty Publications (32)
- Coase-Sandor Working Paper Series in Law and Economics (28)
- Indiana Law Annotated (28)
- Scholarly Articles (26)
- Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11) (26)
- Elisabeth Haub School of Law Faculty Publications (25)
- UF Law Faculty Publications (24)
- National Health Policy Forum (21)
- Articles in Law Reviews & Other Academic Journals (20)
- Faculty Journal Articles and Book Chapters (18)
- GW Law Faculty Publications & Other Works (18)
- Ohio Oil & Gas Commission Decisions (18)
Articles 2701 - 2717 of 2717
Full-Text Articles in Law
Child Care And Federal Tax Policy (Symposium: Women, Equity And Federal Tax Policy: Open Questions), Ann F. Thomas
Child Care And Federal Tax Policy (Symposium: Women, Equity And Federal Tax Policy: Open Questions), Ann F. Thomas
Articles & Chapters
No abstract provided.
Foreword, “Symposium 1999: Women, Equity And Federal Tax Policy: Open Questions.” ., Ann F. Thomas
Foreword, “Symposium 1999: Women, Equity And Federal Tax Policy: Open Questions.” ., Ann F. Thomas
Articles & Chapters
No abstract provided.
Observing Money, Marriage And Taxation, Ann F. Thomas
Observing Money, Marriage And Taxation, Ann F. Thomas
Articles & Chapters
No abstract provided.
Renegotiation And Secured Credit: Explaining The Equity Of Redemption, Marshall E. Tracht
Renegotiation And Secured Credit: Explaining The Equity Of Redemption, Marshall E. Tracht
Articles & Chapters
The prohibition against "clogging the equity of redemption" has been enforced by the courts for centuries, yet the traditional justifications (invoking fairness or unfair bargaining power) offered for this central premise of mortgage law are rather unconvincing, particularly in the commercial context. After describing and critiquing the traditional view, this article lays out an alternative justification for the equity of redemption, stressing the role of the law in fostering efficient renegotiation upon default. This view explains why the equity of redemption cannot be waived in the initial loan documents, and why it can be waived in subsequent workouts only if …
"Half-Wracked Prejudice Leaped Forth:" Sanism, Pretextuality, And Why And How Mental Disability Law Developed As It Did, Michael L. Perlin
"Half-Wracked Prejudice Leaped Forth:" Sanism, Pretextuality, And Why And How Mental Disability Law Developed As It Did, Michael L. Perlin
Articles & Chapters
Mental disability law jurisprudence is often incoherent Much of its incoherence can be explained by two concepts that dominate this area of the law: sanism (the irrational prejudices that cause, and are reflected in, prevailing social attitudes toward mentally disabled persons, and those so perceived) and pretextuality (the courts' acceptance -- either implicit or explicit -- of testimonial dishonesty and their decisions to engage in dishonest decisionmaking in mental disability law cases). Mental disability law is frequently premised on stereotypes and on prejudice, on typification and fear. These distortions reflect sanism; cases that sanction the use of such stereotypes and …
Ted Mearns: Colleague, Teacher, Friend, Gerald Korngold
Ted Mearns: Colleague, Teacher, Friend, Gerald Korngold
Articles & Chapters
No abstract provided.
Women And The Internet, Carlin Meyer
The Benefits And Risks Of Going It Alone, Michael B. Gerrard
The Benefits And Risks Of Going It Alone, Michael B. Gerrard
Faculty Scholarship
Brownfield projects are essentially real estate developments with a twist, and the old real estate adage certainly applies: "Location, location, location." But if time is the fourth dimension, then time is also the fourth element in a successful brownfield project – preferably, spending as little of it as possible.
The timing of standard governmental cleanup processes is simply incompatible with many kinds of real estate projects. Forget about cleanups of National Priorities List (NPL) sites under the U.S. Environmental Protection Agency's National Contingency Plan (NCP); those take on average almost twenty years to complete. But even many state voluntary cleanup …
The Legal And The Ethical In Legal Ethics: A Brief Rejoinder To Comments On The Practice Of Justice, William H. Simon
The Legal And The Ethical In Legal Ethics: A Brief Rejoinder To Comments On The Practice Of Justice, William H. Simon
Faculty Scholarship
We have here, not the clash of opposites, but a series of family quarrels within what you might call the Party of Aspiration in legal ethics. My seven allies and I all favor lawyers' ethic of more complex judgment, and more responsibility to nonclients than the currently dominant one. The differences among us are not large from the broadest perspective, but they involve issues that are quite important to the elaboration of the sort of alternative ethic we would like to see.
I am enormously grateful for the care and attention the commentators have taken. They have frequently stated my …
Deterrence And Distribution In The Law Of Takings, Michael A. Heller, James E. Krier
Deterrence And Distribution In The Law Of Takings, Michael A. Heller, James E. Krier
Faculty Scholarship
Supreme Court decisions over the last three-quarters of a century have turned the words of the Takings Clause into a secret code that only a momentary majority of the Court is able to understand. The Justices faithfully moor their opinions to the particular terms of the Fifth Amendment, but only by stretching the text beyond recognition. A better approach is to consider the purposes of the Takings Clause, efficiency and justice, and go anew from there. Such a method reveals that in some cases there are good reasons to require payment by the government when it regulates property, but not …
Beyond The Independent Counsel: Evaluating The Options, Thomas W. Merrill
Beyond The Independent Counsel: Evaluating The Options, Thomas W. Merrill
Faculty Scholarship
The Independent Counsel Act expires on June 30, 1999. Should it be extended? Extended with modifications? Radically reformed? Or should it be allowed to sunset with nothing put in its place? To answer these questions, we need to address some more fundamental questions: (1) Do we truly need an independent office to investigate alleged wrongdoing by high-ranking officers of the executive branch? (2) If so, what are the options for the organizational structure of such an office? (3) By what criteria should the different institutional options be evaluated? (4) Under these criteria, which option represents the best, or perhaps more …
Public Broadcasting And The Crisis Of Corporate Governance, Monroe E. Price
Public Broadcasting And The Crisis Of Corporate Governance, Monroe E. Price
Articles
No abstract provided.
Toward A Formative Project Of Securing Freedom And Equality, Linda C. Mcclain
Toward A Formative Project Of Securing Freedom And Equality, Linda C. Mcclain
Faculty Scholarship
This Symposium offers an occasion to pursue two important tasks: (1) identifying normative and constitutional foundations for an affimnative governmental responsibility to engage in a "formative project" that would foster persons' capacities for democratic and personal self-government;' and (2) exploring the mix of normative and empirical inquiries necessary to shape the proper goals and parameters of such a project. These tasks are relevant to my larger project of attempting to develop a synthetic, or feminist and liberal, normative account of rights, responsibilities, and governmental promotion of good, self-governing lives.2 That account argues for governmental responsibility to foster the preconditions for …
Sincere And Strategic Voting Norms On Multimember Courts, Evan H. Caminker
Sincere And Strategic Voting Norms On Multimember Courts, Evan H. Caminker
Articles
In appellate adjudication, decisions are rendered by a multimember court as a collective entity, not by individual judges. Yet legal scholars have only just begun to explore the formal and informal processes by which individual votes are transformed into a collective judgment.' In particular, they have paid insufficient attention to the ways in which the vote of each individual judge is influenced by the views of her colleagues on a multimember court.
Jury Reform At The End Of The Century: Real Agreement, Real Changes, Phoebe C. Ellsworth
Jury Reform At The End Of The Century: Real Agreement, Real Changes, Phoebe C. Ellsworth
Articles
Complaints about the jury system and calls for its reform are nothing new-they have probably existed as long as the jury system itself. Warren Burger called for the reform of the civil jury in 1971'; in 1905 William Howard Taft decried the contemporary tendency "to exalt the jury's power beyond anything which is wise or prudent .... ,2 Judges complain to judges, lawyers complain to lawyers, legal academics write articles about the jury for other legal academics, social scientists report their research on juries to other social scientists, and the jurors themselves go home and express their exasperation to their …
International Refugee Law: The Michigan Guidelines On The Internal Protection Alternative, James C. Hathaway
International Refugee Law: The Michigan Guidelines On The Internal Protection Alternative, James C. Hathaway
Articles
International refugee law is designed only to provide a back-up source of protection to seriously at-risk persons. Its purpose is not to displace the primary rule that individuals should look to their state of nationality for protection, but simply to provide a safety net in the event a state fails to meet its basic protective responsibilities.1 As observed by the Supreme Court of Canada, "[t]he international community was meant to be a forum of second resort for the persecuted, a 'surrogate,' approachable upon the failure of local protection. The rationale upon which international refugee law rests is not simply the …
In Memoriam: Lewis F. Powell, Jr., Christina B. Whitman
In Memoriam: Lewis F. Powell, Jr., Christina B. Whitman
Articles
At the time of his resignation, Justice Lewis F. Powell, Jr. was justly praised as a moderate, flexible jurist - open-minded, suspicious of ideology, most often found at the center of a divided Supreme Court. Yet Justice Powell was a man of deeply conservative instincts. Suspicious of invitations to expand the scope of individual constitutional rights, he was a participant and even a leader in the Court's reassertion of a federalism that emphasized deference to states and in its reinvigoration of restrictions on access to federal courts. His jurisprudence was all of a piece. Justice Powell's reluctance to expand federal …