Digital Commons Network^™

Welcome To The Constantly Evolving Field Of Administrative Law, Paul R. Verkuil

Faculty Publications

No abstract provided.

Giving Voice To Shareholder Choice, Jayne W. Barnard

Faculty Publications

No abstract provided.

The Lemon Test: Should It Be Retained, Reformulated Or Rejected?, Carl H. Esbeck

Faculty Publications

This essay addresses the Supreme Court's three-part establishment clause test originally set down in Lemon v. Kurtzman. Part I concerns the manner in which the Lemon test has substantially evolved. Part II explores what the evolved test has to offer by way of solving the seemingly conflicting duties not to inhibit free speech and political rights, while at the same time refraining from passing laws "respecting an establishment of religion." Finally, Part III addresses some of the proposals to supplant Lemon altogether.

After We're Gone: A Commentary, Michael A. Middleton

Faculty Publications

Professor Bell has placed before us a basic question that must be dealt with by all who wish to resolve the difficulties inherent in governing a free society. That question is one with which the framers of our Constitution grappled and that baffles us still. How does a society effectively govern itself and at the same time guarantee equal liberty for all? More specifically, in the racial context presented by The Chronicle of the Space Traders, when may government act for the benefit of society in a manner that is detrimental to some of its citizens because of their race?

Uniformity And Efficiency In The Uniform Commerical Code: A Partial Research Agenda, William J. Woodward Jr., F. Stephen Knippenberg

Faculty Publications

No abstract provided.

“Our Federalism” In Pennzoil Co. V. Texaco, Inc. Or How The Younger Doctrine Keeps Getting Older Not Better, Thomas E. Baker

Faculty Publications

No abstract provided.

Discriminatory Speech And The Tort Of Intentional Infliction Of Emotional Distress, Jean C. Love

Faculty Publications

No abstract provided.

A Critique Of Justice Antonin Scalia's Approach To Fundamental Rights Adjudication, E. Gary Spitko

Faculty Publications

No abstract provided.

New Judgment Liens On Personal Property: Does "Efficient" Mean "Better"?, William J. Woodward Jr.

Faculty Publications

No abstract provided.

Book Review Essay: Justice Rehnquist And His Constitution, David Day

Faculty Publications

No abstract provided.

The Burden Of Responsibility In The Libro De Buen Amor, Lynn Williams

Faculty Publications

In three of the early sections of the Libro de buen amor, Juan Ruiz explains to his public how, for various reasons, he is conditioned to love women. In stanzas 71-76 he uses the unimpeachable authority of Aristotle to argue that men and animals are biologically determined to seek 'juntamiento con fenbra plazentera' (st. 71d), and since he is a man like any other, it is natural, perhaps even inevitable, that from time to time he too should feel the attraction of the opposite sex. Paraphrasing St Paul (I Thessalonians 5.21), the Archpriest tells us rather cheekily that one must …

The Madaba Plains Project: Three Seasons Of Excavation At Tell El-`Umeiri And Vicinity, Jordan, Larry G. Herr, Lawrence T. Geraty, Oystein Labianca, Randall W. Younker

Faculty Publications

No abstract provided.

Metro Broadcasting, Inc. V. Fcc: Requiem For A Heavyweight, Neal Devins

Faculty Publications

No abstract provided.

The Exclusion Of Evidence In The United States, Paul Marcus

Faculty Publications

No abstract provided.

The Due Process Defense In Entrapment Cases, The Journey Back, Paul Marcus

Faculty Publications

No abstract provided.

The Fourth Bite At The Apple: A Study Of The Operation And Utility Of The Social Security Administration's Appeals Council, Charles H. Koch Jr., David A. Koplow

Faculty Publications

The Social Security Administration's Appeals Council performs the fourth and final administrative evaluation of appealed disability claims. Very little information about the Appeals Council has been available to claimants and their representatives, even though claimants must request Appeals Council review before filing an appeal in federal court. In response to criticism and controversy surrounding this obscure branch of the Social Security Administration, the Administrative Conference of the United States (ACUS) asked Professors Koch and Koplow to study the Appeals Council's effectiveness in disability claims and adjudication. In this Article, the authors examine Appeals Council operations and the Council's relationship to …

Citizenship, Alienage, And Ethnic Origin Discrimination In Employment Under The Law Of The United States, Mack Player

Faculty Publications

INTRODUCTION

This paper will survey the federal law of discrimination in employment based on ethnic origin, alienage, and citizenship. There are a number of sources of this law, many of them overlapping. The federal constitution provides some protections, but only to governmental employees or applicants. The traditional centerpiece of employment discrimination law is Title VII of the Civil Rights Act of 1964. The 1866 Civil Rights Act also provides protection which overlaps with that provided by Title VII. Finally, the recently enacted Immigration Reform and Control Act of 1986 regulates both national origin discrimination, thus duplicating the protections of Title …

Exorcising The Bugaboo Of "Comparable Worth": Disparate Treatment Analysis Of Compensation Differences Under Title Vii, Mack Player

Faculty Publications

No abstract provided.

Easing Transfer And Security Interest Transactions In Intellectual Property: An Agenda For Reform, William J. Woodward Jr., Harold R. Weinberg

Faculty Publications

No abstract provided.

The Reservation As Place: A South Dakota Essay, Frank Pommersheim

Faculty Publications

No abstract provided.

Bankruptcy And Environmental Obligations: The Clash Between Private Relief And Public Policy, Jonathan Van Patten, Richard D. Puetz

Faculty Publications

No abstract provided.

Exchange On The Eleventh Amendment, Calvin R. Massey, William P. Marshall, Lawrence C. Marshall, William A. Fletcher

Faculty Publications

No abstract provided.

First Freedom: Religion And The Bill Of Rights, Carl H. Esbeck

Faculty Publications

This volume is a collection of seven papers delivered at a symposium assembled in April 1989 upon the occasion, almost two hundred years hence, of the passage of the Bill of Rights by the First Congress. The unifying theme is stated to be the historical context of both Religion Clauses in the First Amendment, but the authors are driven primarily by Establishment Clause concerns. The Thrust of the essays deal with the originalism advanced during the years of Reagan Administration, and nonpreferentialism comes in for particular criticism, both pejoratively characterized as that "growing clamor".

Statutory Prohibitions On The Negotiation Of Insurance Agent Commissions: Substantive Due Process Review Under State Constitutions, Robert H. Jerry Ii, Reginald L. Robinson

Faculty Publications

In Part I, this Article examines and categorizes the state statutes that prohibit an insurance agent from returning a portion of his commission for the sale of the policy to the consumer. Part II discusses substantive due process' in the state courts. After briefly summarizing the rise and fall of federal substantive due process, this part explores the use of state constitutions as independent constitutional authority in the area of economic regulation. This part concludes that two distinct models of substantive due process analysis exist in the state courts. Part III comments on two recent cases where the validity of …

On Redrawing Circuit Boundaries — Why The Proposal To Divide The United States Court Of Appeals For The Ninth Circuit Is Not Such A Good Idea, Thomas E. Baker

Faculty Publications

The current U.S. Court of Appeals for the 9th Circuit covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam and the Northern Mariana Islands. Nearly 46 million people live within its boundaries. As a result, the 9th Circuit has the largest caseload and takes the most time of any federal circuit court to dispose of cases. Despite all of this, Professor Baker lays out his argument for why dividing the 9th Circuit is wrong-headed. He starts by giving a detailed history of U.S. circuit courts, including the recent experience of splitting the 5th Circuit. He then takes on …

Legitimizing Realities: State-Based Bar Admission, National Standards, And Multistate Practice, Michael K. Mcchrystal

Faculty Publications

No abstract provided.

Toward A Unified Theory Of The Jurisdiction Of The United States Courts Of Appeals, Thomas E. Baker

Faculty Publications

No abstract provided.

Ideology, Racism And Morality: Investigating The Structural Origins Of Drug Prohibition, John P. Hoffmann

Faculty Publications

This paper explores the origins of drug prohibition in the United States from a structural perspective. The primary locus ,son how certain economic conditions in U.S. history influenced attitudes toward racial and ethnic minorities during the 1800s and early 1900s. and indirectly affected the passage or prohibitory drug laws. The economic structure continues to Influence the current illegal drug market. Moreover, some consequences of legal and illegal drug use identify the impact of the economic structure on drug prohibition.

The Eleventh Amendment, Process Federalism And The Clear Statement Rule, William P. Marshall

Faculty Publications

No abstract provided.

Inadvertent Waiver Of The Attorney-Client Privilege By Disclosure Of Documents: An Economic Analysis, Alan J. Meese

Faculty Publications

No abstract provided.