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Articles 1 - 14 of 14

Full-Text Articles in Legal History

An Original Model Of The Independent Counsel Statute, Ken Gormley Dec 1998

An Original Model Of The Independent Counsel Statute, Ken Gormley

Michigan Law Review

On Friday, October 19, 1973, President Richard M. Nixon took a risky step to de-fang the Watergate investigation that had become a "viper in the bosom" of his Presidency. The U.S. Court of Appeals had just directed him to tum over tape-recordings subpoenaed by Watergate Special Prosecutor Archibald Cox; these taperecordings might prove or disprove White House involvement in the Watergate cover-up. Rather than challenge this ruling, the President conceived a new plan. The White House would prepare summaries of the nine tape-recordings in question, which would be verified by Senator John Stennis, a seventy-two-year-old Democrat from Mississippi, working alone …


The Digests Of Pennsylvania, Joel Fishman Jan 1998

The Digests Of Pennsylvania, Joel Fishman

Joel Fishman

Pennsylvania has one of the largest collections of case law for which digests serve as an important research tool.


Title Vii And Negative Job References: Employees Find Safe Harbor In Robinson V. Shell Oil Company, 31 J. Marshall L. Rev. 521 (1998), Matthew J. Cleveland Jan 1998

Title Vii And Negative Job References: Employees Find Safe Harbor In Robinson V. Shell Oil Company, 31 J. Marshall L. Rev. 521 (1998), Matthew J. Cleveland

UIC Law Review

No abstract provided.


Promoting The Intermediate Benefits Of Strict Notary Regulation, 31 J. Marshall L. Rev. 819 (1998), Nancy Perkins Spyke Jan 1998

Promoting The Intermediate Benefits Of Strict Notary Regulation, 31 J. Marshall L. Rev. 819 (1998), Nancy Perkins Spyke

UIC Law Review

No abstract provided.


Fidelity To Original Preferences: An Application Of Consumer Choice Theory To The Problems Of Legal Interpretation, 31 J. Marshall L. Rev. 1111 (1998), Ahmed M. Saeed Jan 1998

Fidelity To Original Preferences: An Application Of Consumer Choice Theory To The Problems Of Legal Interpretation, 31 J. Marshall L. Rev. 1111 (1998), Ahmed M. Saeed

UIC Law Review

No abstract provided.


"Constitutionalism" : The White Man's Ghost Dance, 31 J. Marshall L. Rev. 513 (1998), Robert C. Black Jan 1998

"Constitutionalism" : The White Man's Ghost Dance, 31 J. Marshall L. Rev. 513 (1998), Robert C. Black

UIC Law Review

No abstract provided.


The Invisible Man: A Call To Empower Individual Participants And Beneficiaries Against Fiduciary Breachers In Erisa Plans, 31 J. Marshall L. Rev. 553 (1998), Andrea Koutoulogenis Jan 1998

The Invisible Man: A Call To Empower Individual Participants And Beneficiaries Against Fiduciary Breachers In Erisa Plans, 31 J. Marshall L. Rev. 553 (1998), Andrea Koutoulogenis

UIC Law Review

No abstract provided.


Without Justification: Misplaced Reliance On United Nations Security Council Resolutions For Presidential War Making, 31 J. Marshall L. Rev. 583 (1998), Timothy D. A. O'Hara Jan 1998

Without Justification: Misplaced Reliance On United Nations Security Council Resolutions For Presidential War Making, 31 J. Marshall L. Rev. 583 (1998), Timothy D. A. O'Hara

UIC Law Review

No abstract provided.


How The Wagner Act Came To Be: A Prospectus, Theodore J. St. Antoine Jan 1998

How The Wagner Act Came To Be: A Prospectus, Theodore J. St. Antoine

Articles

The Wagner Act of 1935, the original National Labor Relations Act (NLRA), has been called "perhaps the most radical piece of legislation ever enacted by the United States Congress."' But Supreme Court interpretations supposedly frustrated the utopian aspirations for a radical restructuring of the workplace." Similarly, according to another commentator, unnecessary language in one of the Court's earliest NLRA cases "drastically undercut the new act's protection of the critical right to strike."'


Freeing The Tortious Soul Of Express Warranty Law, James J. White Jan 1998

Freeing The Tortious Soul Of Express Warranty Law, James J. White

Articles

I suspect that most American lawyers and law students regard express warranty as neither more nor less than a term in a contract, a term that is subject to conventional contract rules on formation, interpretation, and remedy. Assume, for example, that a buyer sends a purchase order to a seller and the purchase order specifies the delivery of 300 tons of "prime Thomas cold rolled steel." The acknowledgment also describes the goods to be sold as "prime Thomas cold rolled steel." Every American lawyer would agree that there is a contract to deliver such steel and furthermore would conclude that …


Heteronormativity And The Federal Tax Code, Nancy J. Knauer Dec 1997

Heteronormativity And The Federal Tax Code, Nancy J. Knauer

Nancy J. Knauer

Proponents of same-sex marriage demand equal marriage rights as a matter of fundamental human dignity and as a means to gain certain legal benefits and protections. The ability to file joint federal income tax returns is invariably listed as one of the benefits associated with marriage. This outsider perspective contradicts the popular notion that the income tax is anti-marriage and offers a useful vantage point from which to analyze the marital provisions of the federal tax code, the treatment of the provisions in tax scholarship, and legislative proposals for "pro-family" tax reform. The joint filing provisions are just one example …


Dalla Simbologia Giuridica A Una Filosofia Giuridica E Politica Simbolica ? Ovvero Il Diritto E I Sensi, Paulo Ferreira Da Cunha Dec 1997

Dalla Simbologia Giuridica A Una Filosofia Giuridica E Politica Simbolica ? Ovvero Il Diritto E I Sensi, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

La prima conseguenza della nostra cultura giuridica dell'audizione che è anche cultura dell'oralità, del discorso e della scrittura (di tutto ciò che serve per parlare e fissare quello che può essere detto) è la volontaria atrofia degli altri sensi: il tatto, il gusto, l'olfatto e la vista. Il Diritto quasi non tocca le cose. Le concepisce mentalmente, le dice, però, anche se con i guanti deve toccare il corpo del delitto.


Constitutional Structure As A Limitation On The Scope Of The "Law Of Nations" In The Alien Tort Claims Act, Donald J. Kochan Dec 1997

Constitutional Structure As A Limitation On The Scope Of The "Law Of Nations" In The Alien Tort Claims Act, Donald J. Kochan

Donald J. Kochan

Jurisdiction matters. Outside of the set of jurisdictional constraints, the judiciary is at sea; it poses a threat to the separation of powers and risks becoming a dangerous and domineering branch. Jurisdictional limitations serve a particularly important function when the judiciary is dealing with issues of international law. Since much of international law concerns foreign relations, the province of the executive and, in part, the legislature, the danger that the judiciary will act in a policy-making role or will frustrate the functions of the political branches is especially great. The Framers of the Constitution were particularly concerned with constructing a …


"Public Use" And The Independent Judiciary: Condemnation In An Interest-Group Perspective, Donald J. Kochan Dec 1997

"Public Use" And The Independent Judiciary: Condemnation In An Interest-Group Perspective, Donald J. Kochan

Donald J. Kochan

This Article reexamines the doctrine of public use under the Takings Clause and its ability to impede takings for private use through an application of public choice theory. It argues that the judicial validation of interest-group capture of the condemnation power through a relaxed public use standard in Takings Clause review can be explained by interest group politics and public choice theory and by institutional tendencies inherent in the independent judiciary. Legislators can sell the eminent domain power to special interests for almost any use, promising durability in the deal given the low probability that the judiciary will invalidate it …