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A Constitutional Bibliography, Thomas E. Baker Jan 1996

A Constitutional Bibliography, Thomas E. Baker

Faculty Publications

No abstract provided.


The Role Of Convertible Securities In Corporate Finance, George W. Dent Jan 1996

The Role Of Convertible Securities In Corporate Finance, George W. Dent

Faculty Publications

This Article examines theories supporting the use of convertible secyrutues and finds them insufficient even for public companies, to which they are supposed to apply. They fare worse yet for private firms which use convertibles even more frequently. Indeed, no one theory explains all uses of convertibles. Convertibles can reduce agency costs by reconciling differences in risk aversion and diminishing managers' exploitation of investors, but they can also promote managers' interests at the expense of shareholders. The mix of factors varies from case to case. Thus, the role of convertibles proves complex and diverse. After describing convertible securities (part II) …


Medical Advocates: A Call For A New Profession, Maxwell J. Mehlman Jan 1996

Medical Advocates: A Call For A New Profession, Maxwell J. Mehlman

Faculty Publications

No abstract provided.


Model Codes And Tax Technical Assistance: Note On The Revised Edition Of The Basic World Tax Code And Commentary, Richard K. Gordon Jan 1996

Model Codes And Tax Technical Assistance: Note On The Revised Edition Of The Basic World Tax Code And Commentary, Richard K. Gordon

Faculty Publications

No abstract provided.


Responses, Thomas G. Krattenmaker Jan 1996

Responses, Thomas G. Krattenmaker

Faculty Publications

No abstract provided.


The Telecommunications Act Of 1996, Thomas G. Krattenmaker Jan 1996

The Telecommunications Act Of 1996, Thomas G. Krattenmaker

Faculty Publications

No abstract provided.


God Bless The Child: Poor Children, Parens Patriae, And A State Obligation To Provide Assistance, Kay P. Kindred Jan 1996

God Bless The Child: Poor Children, Parens Patriae, And A State Obligation To Provide Assistance, Kay P. Kindred

Faculty Publications

No abstract provided.


The First Stone In Retrospect: An Outsider's Observations On The Book And Its Critics, Susan Grover Jan 1996

The First Stone In Retrospect: An Outsider's Observations On The Book And Its Critics, Susan Grover

Faculty Publications

No abstract provided.


The Children We Abandon: Religious Exemptions To Child Welfare And Education Law As Denials Of Equal Protection To Children Of Religious Objectors, James G. Dwyer Jan 1996

The Children We Abandon: Religious Exemptions To Child Welfare And Education Law As Denials Of Equal Protection To Children Of Religious Objectors, James G. Dwyer

Faculty Publications

The story of children who die because their parents, in observance of their own religious principles, withhold conventional medical treatment from them is a familiar one. In this Article, James G. Dwyer shows that the phenomenon of parents denying secular benefits to their children for religious reasons goes far beyond these few highly publicized cases, extending into the realm of education as well as medical care. Moreover, Dr. Dwyer shows that the federal and state governments endorse this practice by statutorily exempting 'religious objector' parents from otherwise generally applicable compulsory child care and education laws. He argues that courts addressing …


Antitrust Balancing In A (Near) Coasean World: The Case Of Franchise Tying Contracts, Alan J. Meese Jan 1996

Antitrust Balancing In A (Near) Coasean World: The Case Of Franchise Tying Contracts, Alan J. Meese

Faculty Publications

No abstract provided.


Technology Augmented Litigation--Systemic Revolution, Fredric I. Lederer Jan 1996

Technology Augmented Litigation--Systemic Revolution, Fredric I. Lederer

Faculty Publications

This article reviews key aspects of high technology litigation, including technology augmented court records, two-way video arraignment and testimony, and technology based evidence display, and posits some of the critical jurisprudential and pragmatic issues posed by the use of such technologies


Country/Region Reports -- United States Of America, Linda A. Malone Jan 1996

Country/Region Reports -- United States Of America, Linda A. Malone

Faculty Publications

No abstract provided.


The United States Criminal Justice System: A Brief Overview, Paul Marcus Jan 1996

The United States Criminal Justice System: A Brief Overview, Paul Marcus

Faculty Publications

No abstract provided.


Health Insurance And Early Retirement: Evidence From The Availability Of Continuation Coverage, Jonathan Gruber, Brigitte C. Madrian Jan 1996

Health Insurance And Early Retirement: Evidence From The Availability Of Continuation Coverage, Jonathan Gruber, Brigitte C. Madrian

Faculty Publications

The dramatic postwar decline in the labor force participation of older men in the United States has motivated a sizable body of literature on retirement behavior. Three factors, in particular, have been studied extensively: the growth of the Social Security program (see, for example, Burtless 1986; Burtless and Moffitt 1984; Diamond and Hausman 1984; Hausman and Wise 1985; Sueyoshi 1989), the increased availability and generosity of private pensions (Stock and Wise 1990a, 1990b), and the expansion of federal disability insurance (Bound and Waidmann 1992). One potentially important factor that until recently has not received much attention is the availability of …


Merciful Juries: The Resilience Of Jury Nullification, Alan Scheflin, Jon M. Van Dyke Jan 1996

Merciful Juries: The Resilience Of Jury Nullification, Alan Scheflin, Jon M. Van Dyke

Faculty Publications

No abstract provided.


Nullification In The Nineties, Alan Scheflin Jan 1996

Nullification In The Nineties, Alan Scheflin

Faculty Publications

No abstract provided.


Avoiding Serious Constitutional Doubts: The Supreme Court's Construction Of Statutes Raising Free Speech Concerns, Lisa A. Kloppenberg Jan 1996

Avoiding Serious Constitutional Doubts: The Supreme Court's Construction Of Statutes Raising Free Speech Concerns, Lisa A. Kloppenberg

Faculty Publications

No abstract provided.


The Public Interest In The Work Of The Courts: Opinions And Beyond, Lisa A. Kloppenberg Jan 1996

The Public Interest In The Work Of The Courts: Opinions And Beyond, Lisa A. Kloppenberg

Faculty Publications

No abstract provided.


Measured Constitutional Steps, Lisa A. Kloppenberg Jan 1996

Measured Constitutional Steps, Lisa A. Kloppenberg

Faculty Publications

No abstract provided.


Improving Access To Food In Low-Income Communities: An Investigation Of Three Bay Area Neighborhoods, Edward Steinman, Kenneth Hecht Jan 1996

Improving Access To Food In Low-Income Communities: An Investigation Of Three Bay Area Neighborhoods, Edward Steinman, Kenneth Hecht

Faculty Publications

This report seeks to describe and analyze that dysfunction as it manifests itself in three low-income neighborhoods in San Francisco and Oakland. It does not examine the causes nor scope of poverty in those communities nor does it intend to estimate or describe the prevalence of hunger. These measures are amply documented in a 1995 report on hunger and the problem of food "insecurity" commissioned by the California Senate Office of Research and, in 1993 and 1994, reports on hunger from the Alameda County Community Food Bank and San Francisco Food Bank, respectively. Rather, this report treats poverty, hunger and …


Dreaming In America: In Honor Of Professor Trina Grillo, Stephanie M. Wildman Jan 1996

Dreaming In America: In Honor Of Professor Trina Grillo, Stephanie M. Wildman

Faculty Publications

No abstract provided.


Democratic Community And Privilege: The Mandate For Inclusive Education, Stephanie M. Wildman Jan 1996

Democratic Community And Privilege: The Mandate For Inclusive Education, Stephanie M. Wildman

Faculty Publications

No abstract provided.


Test Wars: Mandatory Hiv Testing, Women, And Their Children, Michelle Oberman Jan 1996

Test Wars: Mandatory Hiv Testing, Women, And Their Children, Michelle Oberman

Faculty Publications

No abstract provided.


Minor Rights And Wrongs, Michelle Oberman Jan 1996

Minor Rights And Wrongs, Michelle Oberman

Faculty Publications

No abstract provided.


Beyond The Tort/Crime Distinction, David D. Friedman Jan 1996

Beyond The Tort/Crime Distinction, David D. Friedman

Faculty Publications

No abstract provided.


A Biologic Argument For Gay Essentialism-Determinism: Implications For Equal Protection And Substantive Due Process, E. Gary Spitko Jan 1996

A Biologic Argument For Gay Essentialism-Determinism: Implications For Equal Protection And Substantive Due Process, E. Gary Spitko

Faculty Publications

Classifications, like race, that historically have been used to saddle certain people with disabilities on the basis of a characteristic that otherwise would be irrelevant to an individual's ability to contribute to society are inherently suspect as more likely to have been the product of irrational prejudice and, thus, are deserving of heightened equal protection scrutiny. Thus, in adjudicating whether a sexual orientation classification is deserving of heightened equal protection scrutiny, a court should ask only whether gay people have suffered a history of discrimination and whether their sexual orientation says anything about their ability to contribute to society.

The …


Imagine There's No Marriage, Patricia A. Cain Jan 1996

Imagine There's No Marriage, Patricia A. Cain

Faculty Publications

No abstract provided.


Beyond "Sellouts" And "Race Cards": Black Attorneys And The Straitjacket Of Legal Practice, Margaret M. Russell Jan 1996

Beyond "Sellouts" And "Race Cards": Black Attorneys And The Straitjacket Of Legal Practice, Margaret M. Russell

Faculty Publications

No abstract provided.


Liberty, Trade, And The Uniform Commerical Code: When Should Default Rules Be Based On Business Practices?, Kerry L. Macintosh Jan 1996

Liberty, Trade, And The Uniform Commerical Code: When Should Default Rules Be Based On Business Practices?, Kerry L. Macintosh

Faculty Publications

No abstract provided.


Jury-Bashing And The O.J. Simpson Verdict, Gerald F. Uelmen Jan 1996

Jury-Bashing And The O.J. Simpson Verdict, Gerald F. Uelmen

Faculty Publications

No abstract provided.