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Brind & (And) Rust V. Sullivan: Free Speech And The Limits Of A Written Constitution, Ronald J. Krotoszynski Jr. Jan 1994

Brind & (And) Rust V. Sullivan: Free Speech And The Limits Of A Written Constitution, Ronald J. Krotoszynski Jr.

Articles

No abstract provided.


Critical Race Theory: An Annotated Bibliography 1993, A Year Of Transition Bibliography, Richard Delgado, Jean Stefancic Jan 1994

Critical Race Theory: An Annotated Bibliography 1993, A Year Of Transition Bibliography, Richard Delgado, Jean Stefancic

Articles

No abstract provided.


Tribute To William F. Fratcher: Marital Property Rights In Transition, Lawrence W. Waggoner Jan 1994

Tribute To William F. Fratcher: Marital Property Rights In Transition, Lawrence W. Waggoner

Articles

"Marital property rights," a term that covers a vast multitude of rights or interests conferred by law on persons who occupy the status of spouse, are in a state of transition. To discuss the themes and trends that are emerging, this Article is divided into four discrete, yet related segments. The first segment addresses how the law allocates original ownership between spouses in a marriage. The second segment turns to the intestate share of the surviving spouse. This is not a topic that much concerns high-powered estate planners because intestate estates are usually fairly small. But to the surviving spouse, …


Gay Men, Aids, And The Code Of The Condom, David L. Chambers Jan 1994

Gay Men, Aids, And The Code Of The Condom, David L. Chambers

Articles

The principal purpose of this Article is to explore the origins and moral content of the code of behavior among gay men that has developed around the condom. A second purpose is to consider whether this code is wise and defensible under current circumstances. A final purpose is to compare the condom rules to the code of sexual behavior that state governments have created in response to AIDS under their criminal laws.


The Making Of The Model Employment Termination Act, Theodore J. St. Antoine Jan 1994

The Making Of The Model Employment Termination Act, Theodore J. St. Antoine

Articles

Courts in about 45 states have ameliorated the harshness of employment at will, but the common-law modifications still exhibit serious deficiencies. Legislation is needed. The Model Employment Termination Act proposes a balanced compromise. It would protect most employees against discharge without good cause and it would relieve employers of the risk of devastating financial losses When liability is imposed. Arbitration procedures under the Model Act would also be simpler, faster, and cheaper than existing court proceedings.


The Seven Statutory Wonders Of U.S. Environmental Law: Origins And Morphology, William H. Rodgers, Jr. Jan 1994

The Seven Statutory Wonders Of U.S. Environmental Law: Origins And Morphology, William H. Rodgers, Jr.

Articles

Students from around the world often ask my opinion on the most influential or effective of the United States environmental laws. I offer an opinion based on two criteria: What laws have contributed most to protection of the natural world and what laws have been most emulated? The second criterion is obviously an indicator of output, not of direct consequence. However, a linkage between the spread of strong laws and degree of environmental protection is assumed.

In theory, of course, the questions of "how much protection" and "how many laws" can be answered empirically. But this story is available only …


If Anybody Asks You Who I Am: An Outsider's Story Of The Duty To Establish Paternity, Lisa Kelly Jan 1994

If Anybody Asks You Who I Am: An Outsider's Story Of The Duty To Establish Paternity, Lisa Kelly

Articles

This story is fictional but true. There is no one particular Minerva Copeland, James Walker, or Judge Jennings. Lake Village and Helena also are intended to be fictional places. I chose a format using endnotes instead of footnotes in an effort not to disrupt the flow of the narrative. The endnotes, however, are an integral part of this article and serve to provide the reader with the background necessary to understand the legal and social context in which this piece operates.


Federalist Society Roundtable Discussion, Timothy Dyk, Robert Bork, Nadine Strossen, John O. Mcginnis, Theodore B. Olson Jan 1994

Federalist Society Roundtable Discussion, Timothy Dyk, Robert Bork, Nadine Strossen, John O. Mcginnis, Theodore B. Olson

Articles

This discussion took place at the National Press Club in Washington, D.C., on October 12, 1993.


Parallel Universes: Nepa Lessons For The New Property, Michael E. Herz Nov 1993

Parallel Universes: Nepa Lessons For The New Property, Michael E. Herz

Articles

No abstract provided.


Nonrefundable Retainers Revisited, Lester Brickman, Lawrence A. Cunningham Nov 1993

Nonrefundable Retainers Revisited, Lester Brickman, Lawrence A. Cunningham

Articles

Amidst widespread public attention to fee abuses, a court recently held for the first time that nonrefundable retainers violate professional ethics. The court in In re Cooperman essentially adopted the argument of Professors Brickman and Cunningham that nonrefundable retainers are against public policy because they impair a client's right to discharge his attorney at any time without penalty. Because declaring such agreements unethical is tantamount, in the eyes of the practicing bar, to declaring them void, In re Cooperman has sparked a national outcry from those who profit from enforcing nonrefundable retainers. In this Article, Professors Brickman and Cunningham analyze …


Life As An Intrinsic Rather Than Instrumental Good: The “Spiritual” Case Against Euthanasia, J. David Bleich Oct 1993

Life As An Intrinsic Rather Than Instrumental Good: The “Spiritual” Case Against Euthanasia, J. David Bleich

Articles

No abstract provided.


Animal Rights: The Frontiers Of Compassion, Henry Spira Jan 1993

Animal Rights: The Frontiers Of Compassion, Henry Spira

Articles

No abstract provided.


Idaho Administrative Procedure Act: A Primer For The Practitioner, Dale Goble Jan 1993

Idaho Administrative Procedure Act: A Primer For The Practitioner, Dale Goble

Articles

No abstract provided.


The Eagle Bird: Mapping A New West, Dale Goble Jan 1993

The Eagle Bird: Mapping A New West, Dale Goble

Articles

No abstract provided.


Four Feminist Theoretical Approaches And The Double Bind Of Surrogacy, Mary E. Becker Jan 1993

Four Feminist Theoretical Approaches And The Double Bind Of Surrogacy, Mary E. Becker

Articles

No abstract provided.


From The Mirror Of Reason To The Measure Of Justice, Mary Anne Case Jan 1993

From The Mirror Of Reason To The Measure Of Justice, Mary Anne Case

Articles

No abstract provided.


The Doubtful Constitutionality Of The Clinic Access Bill, Michael W. Mcconnell, Michael Stokes Paulsen Jan 1993

The Doubtful Constitutionality Of The Clinic Access Bill, Michael W. Mcconnell, Michael Stokes Paulsen

Articles

No abstract provided.


God Is Dead And We Have Killed Him: Freedom Of Religion In The Post-Modern Age, Michael W. Mcconnell Jan 1993

God Is Dead And We Have Killed Him: Freedom Of Religion In The Post-Modern Age, Michael W. Mcconnell

Articles

No abstract provided.


The Demand For Judicial Review, Frank H. Easterbrook Jan 1993

The Demand For Judicial Review, Frank H. Easterbrook

Articles

No abstract provided.


A False Sense Of Social Reality: A Response To Erwin Chemerinsky, Richard A. Epstein Jan 1993

A False Sense Of Social Reality: A Response To Erwin Chemerinsky, Richard A. Epstein

Articles

No abstract provided.


Unmasking The Matching Principle In Tax Law, Julie Roin Jan 1993

Unmasking The Matching Principle In Tax Law, Julie Roin

Articles

No abstract provided.


Obligation Or Restitution For Best Efforts, Saul Levmore Jan 1993

Obligation Or Restitution For Best Efforts, Saul Levmore

Articles

No abstract provided.


The Material Basis Of Jurisprudence, Richard A. Posner Jan 1993

The Material Basis Of Jurisprudence, Richard A. Posner

Articles

No abstract provided.


Distressed Public Housing: Where Do We Go From Here?, Michael H. Schill Jan 1993

Distressed Public Housing: Where Do We Go From Here?, Michael H. Schill

Articles

No abstract provided.


Understanding The Limits Of Court-Connected Adr: A Critique Of Federal Court-Annexed Arbitration Programs, Lisa Bernstein Jan 1993

Understanding The Limits Of Court-Connected Adr: A Critique Of Federal Court-Annexed Arbitration Programs, Lisa Bernstein

Articles

In this Article, the author argues that mandatory, non-binding federal court-annexed arbitration programs will not succeed in increasing access to justice, and may in fact decrease access to justice for poorer litigants, precisely the people the programs were designed to help. After exploring the effects of such programs on parties' litigation decisions and demonstrating that the programs are unlikely to create private or social benefits, the Article explores the attributes of private ADR tribunals that parties find desirable and the many ways, apart from reducing cost and delay, that private ADR agreements create value. The Article concludes that, while the …


Drafting A Constitution: A Friendly Warning To South Africa, Richard A. Epstein Jan 1993

Drafting A Constitution: A Friendly Warning To South Africa, Richard A. Epstein

Articles

No abstract provided.


Should Title Vii Of The Civil Rights Act Of 1964 Be Repealed?, Richard A. Epstein, Erwin Chemerinsky Jan 1993

Should Title Vii Of The Civil Rights Act Of 1964 Be Repealed?, Richard A. Epstein, Erwin Chemerinsky

Articles

No abstract provided.


In A World Not Their Own: The Adoption Of Black Children, Zanita E. Fenton Jan 1993

In A World Not Their Own: The Adoption Of Black Children, Zanita E. Fenton

Articles

No abstract provided.


Impoverished Practices, Anthony V. Alfieri Jan 1993

Impoverished Practices, Anthony V. Alfieri

Articles

No abstract provided.


Well-Being And The State, Cass R. Sunstein Jan 1993

Well-Being And The State, Cass R. Sunstein

Articles

No abstract provided.