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Articles 1 - 30 of 36
Full-Text Articles in Courts
What Mcculloch V. Maryland Got Wrong: The Original Meaning Of 'Necessary' Is Not 'Useful', 'Convenient', Or 'Rational', Steven Calabresi, Gary S. Lawson, Elise Kostial
What Mcculloch V. Maryland Got Wrong: The Original Meaning Of 'Necessary' Is Not 'Useful', 'Convenient', Or 'Rational', Steven Calabresi, Gary S. Lawson, Elise Kostial
Faculty Scholarship
McCulloch v. Maryland, echoing Alexander Hamilton nearly thirty years earlier, claimed of the word “necessary” in the Necessary and Proper Clause: “If reference be had to its use, in the common affairs of the world, or in approved authors, we find that it frequently imports that one thing is convenient, or useful . . . to another.” Modern case law has translated that understanding into a rational-basis test that treats the issue of necessity as all but nonjusticiable; The Supreme Court has never found a congressional law unconstitutional on the ground that it was not “necessary . . . …
Perfect Plaintiffs, Cynthia Godsoe
Ice Cube Bonds: Allocating The Price Of Process In Chapter 11 Bankruptcy, Edward J. Janger, M. B. Jacoby
Ice Cube Bonds: Allocating The Price Of Process In Chapter 11 Bankruptcy, Edward J. Janger, M. B. Jacoby
Faculty Scholarship
No abstract provided.
Back To The Future (Reviewing David Bernstein, Rehabilitating Lochner: Defending Individual Rights Against Progressive Reform (2011)), William D. Araiza
Back To The Future (Reviewing David Bernstein, Rehabilitating Lochner: Defending Individual Rights Against Progressive Reform (2011)), William D. Araiza
Faculty Scholarship
No abstract provided.
After The Flood: The Legacy Of The "Surge" Of Federal Immigration Appeals, Stacy Caplow
After The Flood: The Legacy Of The "Surge" Of Federal Immigration Appeals, Stacy Caplow
Faculty Scholarship
No abstract provided.
Accessing Justice: The Availability And Adequacy Of Counsel Removal Proceedings: New York Immigrant Representation Study Report, Stacy Caplow, Peter L. Markowitz, Jojo Annobil, Peter Z. Cobb, Nancy Morawetz, Oren Root, Claudia Slovinsky, Zhifen Cheng, Lindsay C. Nash
Accessing Justice: The Availability And Adequacy Of Counsel Removal Proceedings: New York Immigrant Representation Study Report, Stacy Caplow, Peter L. Markowitz, Jojo Annobil, Peter Z. Cobb, Nancy Morawetz, Oren Root, Claudia Slovinsky, Zhifen Cheng, Lindsay C. Nash
Faculty Scholarship
No abstract provided.
Changes To The Culture Of Adversarialness: Endorsing Candor, Cooperation And Civility In Relationships Between Prosecutors And Defense Counsel, Stacy Caplow, Lisa Griffin
Changes To The Culture Of Adversarialness: Endorsing Candor, Cooperation And Civility In Relationships Between Prosecutors And Defense Counsel, Stacy Caplow, Lisa Griffin
Faculty Scholarship
No abstract provided.
Manufacturers' Liability For Defective Product Designs: The Triumph Of Risk-Utility, Aaron D. Twerski, James A. Henderson, Jr.
Manufacturers' Liability For Defective Product Designs: The Triumph Of Risk-Utility, Aaron D. Twerski, James A. Henderson, Jr.
Faculty Scholarship
No abstract provided.
Should Securities Industry Self-Regulatory Organizations Be Considered Government Agencies?, Roberta S. Karmel
Should Securities Industry Self-Regulatory Organizations Be Considered Government Agencies?, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
For And Against Marriage: A Revision., Anita Bernstein
For And Against Marriage: A Revision., Anita Bernstein
Faculty Scholarship
No abstract provided.
Statutory Inflation And Institutional Choice, Lawrence Solan
Statutory Inflation And Institutional Choice, Lawrence Solan
Faculty Scholarship
No abstract provided.
Hearing Voices: Speaker Identification In Court, Lawrence Solan, Peter Tiersma
Hearing Voices: Speaker Identification In Court, Lawrence Solan, Peter Tiersma
Faculty Scholarship
No abstract provided.
The Linguist On The Witness Stand: Forensic Linguistics In American Courts, Lawrence Solan, Peter Tiersma
The Linguist On The Witness Stand: Forensic Linguistics In American Courts, Lawrence Solan, Peter Tiersma
Faculty Scholarship
No abstract provided.
The Communities That Make Standards Of Care Possible, Anita Bernstein
The Communities That Make Standards Of Care Possible, Anita Bernstein
Faculty Scholarship
No abstract provided.
The Impossible Dream Come True: A Criminal Law Professor Becomes Juror #7, Stacy Caplow
The Impossible Dream Come True: A Criminal Law Professor Becomes Juror #7, Stacy Caplow
Faculty Scholarship
No abstract provided.
The Written Contract As Safe Harbor For Dishonest Conduct, Lawrence Solan
The Written Contract As Safe Harbor For Dishonest Conduct, Lawrence Solan
Faculty Scholarship
No abstract provided.
Brandeis, Progressivism, And Commercial Law: Rethinking Benedict V. Ratner, Edward J. Janger
Brandeis, Progressivism, And Commercial Law: Rethinking Benedict V. Ratner, Edward J. Janger
Faculty Scholarship
No abstract provided.
Public Choice Theory: A Unifying Framework For Judicial Activism, Dana Brakman Reiser
Public Choice Theory: A Unifying Framework For Judicial Activism, Dana Brakman Reiser
Faculty Scholarship
No abstract provided.
The Fdic's Fraudulent Conveyance Power Under The Crime Control Act Of 1990: Bank Insolvency Law And The Politics Of The Iron Triangle, Edward J. Janger
The Fdic's Fraudulent Conveyance Power Under The Crime Control Act Of 1990: Bank Insolvency Law And The Politics Of The Iron Triangle, Edward J. Janger
Faculty Scholarship
No abstract provided.
Judicial Decisions And Linguistic Analysis: Is There A Linguist In The Court?, Lawrence Solan
Judicial Decisions And Linguistic Analysis: Is There A Linguist In The Court?, Lawrence Solan
Faculty Scholarship
No abstract provided.
Symposium On Securities Law Enforcement Priorities, Roberta S. Karmel
Symposium On Securities Law Enforcement Priorities, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
"Comparing Medical Provider Performance: A First Look At The New Era Of Medical Statistics", Neil B. Cohen, Aaron D. Twerski
"Comparing Medical Provider Performance: A First Look At The New Era Of Medical Statistics", Neil B. Cohen, Aaron D. Twerski
Faculty Scholarship
No abstract provided.
Greenmail, The Control Premium And Shareholder Duty, Roberta S. Karmel
Greenmail, The Control Premium And Shareholder Duty, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Rent Appropriation And The Labor Law Doctrine Of Successorship, Keith N. Hylton
Rent Appropriation And The Labor Law Doctrine Of Successorship, Keith N. Hylton
Faculty Scholarship
When there is a change of corporate control in a business enterprise a question arises as to whether the new employer should be bound by the predecessor's collective bargaining relationship with the union representing the predecessor's employees. This is known as the successorship problem in labor law.' Successorship doctrine is complex and controversial. Several commentators have attempted to reconcile Supreme Court decisions and to ascertain the assumptions underlying the Court's opinions in this area.2 This Article does not attempt to do this, although paradoxically, the arguments presented may lead to reconciliation of many of the Supreme Court's decisions relating to …
Beyond Parity: Section 1983 And The State Courts, Susan Herman
Beyond Parity: Section 1983 And The State Courts, Susan Herman
Faculty Scholarship
No abstract provided.
Task Force Reports On Women In The Courts: The Challenge For Legal Education, Elizabeth M. Schneider
Task Force Reports On Women In The Courts: The Challenge For Legal Education, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
The Cost Of Acceptability: Blue Buses, Agent Orange, And Aversion To Statistical Evidence, Neil B. Cohen
The Cost Of Acceptability: Blue Buses, Agent Orange, And Aversion To Statistical Evidence, Neil B. Cohen
Faculty Scholarship
No abstract provided.
Confidence In Probability: Burdens Of Persuasion In A World Of Imperfect Knowledge, Neil B. Cohen
Confidence In Probability: Burdens Of Persuasion In A World Of Imperfect Knowledge, Neil B. Cohen
Faculty Scholarship
No abstract provided.
The Reluctant Witness For The Prosecution: Grand Jury Subpoenas To Defense Counsel, Stacy Caplow
The Reluctant Witness For The Prosecution: Grand Jury Subpoenas To Defense Counsel, Stacy Caplow
Faculty Scholarship
No abstract provided.
Securities Commentary, Roberta S. Karmel, John P. Ketels
Securities Commentary, Roberta S. Karmel, John P. Ketels
Faculty Scholarship
No abstract provided.