Law Commons^™

John Marshall, Mcculloch V. Maryland, And The Southern States' Rights Tradition, R. Kent Newmyer

Faculty Articles and Papers

No abstract provided.

Folk Psychology And Legal Understanding, Robert Birmingham

Faculty Articles and Papers

No abstract provided.

Insurance: How It Matters As Psychological Fact And Political Metaphor, Thomas Morawetz

Faculty Articles and Papers

No abstract provided.

Review, Inherent Rights, The Written Constitution, And Popular Sovereignty: The Founders' Understanding, Richard Kay

Faculty Articles and Papers

Reviewing Thomas B. McAffee, Inherent Rights, the Written Constitution, and Popular Sovereignty: The Founders' Understanding. Westport, Conn.: Greenwood Press, 2000

The Efficacy Of Strasbourg Law, Mark Weston Janis

Faculty Articles and Papers

No abstract provided.

The Problem With Scorecards: How (And How Not) To Measure The Cost-Effectiveness Of Economic Sanctions, Richard Parker

Faculty Articles and Papers

No abstract provided.

The European Human Rights System As A System Of Law, Richard Kay

Faculty Articles and Papers

No abstract provided.

Insurance And The Utopian Idea, Carol Weisbrod

Faculty Articles and Papers

No abstract provided.

John Marshall As An American Original: Some Thoughts On Personality And Judicial Statesmanship, R. Kent Newmyer

Faculty Articles and Papers

No abstract provided.

Hidden Economy Of The Unconscious, The, Anne Dailey

Faculty Articles and Papers

No abstract provided.

Determining A Partner's Share On Unrealized Receivables At The Liquidation Of The Partner's Interest, Stephen Utz

Faculty Articles and Papers

Partnership law allows partners great freedom to vary the terms on which they share partnership profits from different sources. Partnership tax law, however, seems to presume, for purposes of the collapsible partner rules, that partners will share the revenue from the collection of receivables always in proportion to the value of their partnership interests. This counterfactual presumption exposes both the government and partner/taxpayers to unfortunate consequences. A substance-over-form approach to the attribution of unrealized receivables would certainly be unworkable, because too costly and intrusive to administer. Something between substance-over form and form-over-substance would best implement the policy of Subchapter K …

Striving For Rationality, Anne Dailey

Faculty Articles and Papers

No abstract provided.

On The Cost- Effectiveness Of Economic Sanctions, Richard Parker

Faculty Articles and Papers

For over one hundred years, the attraction of economic sanctions as a middle path between talk and violence has prompted the use of sanctions for a wide variety of purposes ranging from weakening adversaries, toppling governments, and promoting human rights to opening foreign markets, promoting intellectual property, and protecting the global environment.

In recent years, however, economic sanctions have been subjected to stricter scrutiny than ever before, due to a sustained media and lobbying blitz by the U.S. business community under the banner of "USA*Engage." The campaign, begun in 1997, has produced a deluge of newspaper editorials and stories, virtually …

., Administrative Channeling Under The Medicare Act Clarified: Illinois Council, Section 45(H), And The Application Of Congressional Intent, John Aloysius Cogan, Jr., Rodney A. Johnson

Faculty Articles and Papers

In non-legal terms, subject matter jurisdiction is much like your American Express card. You cannot "leave home without it." This is especially true if you represent a Medicare provider or supplier and intend to sue on a Medicare claim. To be sure, your well-pleaded complaint alleges several bases for the federal district court's subject matter jurisdiction, including, but not limited to, 28 U.S.C. § 1331 (federal question jurisdiction), 28 U.S.C. § 1346 (federal defendant jurisdiction), 28 U.S.C. § 1361 (mandamus), and 5 U.S.C. § 702 (the Administrative Procedures Act). Perhaps, your complaint is brought in the context of an adversary …

Antitrust Guideposts For B2b Electronic Marketplaces, Hillary Greene, Gail F. Levine

Faculty Articles and Papers

No abstract provided.

Constitutional Chrononomy, Richard Kay

Faculty Articles and Papers

Every constitution defines and is defined by a period in time. Like all law the creation and application of constitutions require reference to the past and future respectively Every instance of constitution-making is an attempt to control behavior over an extended period of time. Therefore constitutions will be drafted, both in style and substance, to reflect that temporal ambition. The effectiveness of a constitution also requires that its interpretation makes reference to the understanding of its rules held by the constitution-makers. As a result, and notwithstanding the efforts to make it suitable over a long period by its creators, every …

William Iii And The Legalist Revolution, Richard Kay

Faculty Articles and Papers

A symposium dedicated to the paradoxical idea of rebellious leadership, therefore, is a particularly apt way to honor Dean Macgill's tenure. This phrase also captures a notion that is especially fruitful when applied to basic questions of constitutional structure and political value. Every legal system rests, at the end, on a set of political assumptions. Every instance of law, that is, is ultimately supported by something that is not law. When, as inevitably happens, there develops a fundamental disharmony between the artifacts of law and the political values of a society the law will have to give way. When this …