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Confining Judicial Authority Over Administrative Action, Charles H. Koch Jr. Apr 1984

Confining Judicial Authority Over Administrative Action, Charles H. Koch Jr.

Faculty Publications

No abstract provided.


Women Lawyers: Perspectives On Success, Dorothy Glancy Apr 1984

Women Lawyers: Perspectives On Success, Dorothy Glancy

Faculty Publications

No abstract provided.


International Relations Theory, Foreign Policy Substitutability, And "Nice" Laws, Benjamin A. Most, Harvey Starr Apr 1984

International Relations Theory, Foreign Policy Substitutability, And "Nice" Laws, Benjamin A. Most, Harvey Starr

Faculty Publications

Two logical problems appear to have impeded the development of an integrative understanding of international and foreign policy phenomena. The first has to do with the potential for foreign policy substitutability: through time and across space, similar factors could plausibly be expected to trigger different foreign policy acts. The second concerns the potential existence of “sometimes true,” domain-specific laws. It is the logical opposite of the substitution problem, suggesting that different processes could plausibly be expected to lead to similar results. Neither problem appears to be well understood in the current literature; if anything, both are ignored. Nevertheless, they are …


Basing-Point Pricing Establishes Illegal Vertical Agreements, Elmer J. Schaefer Apr 1984

Basing-Point Pricing Establishes Illegal Vertical Agreements, Elmer J. Schaefer

Faculty Publications

No abstract provided.


Ucc And Me In Process, Ingrid Michelsen Hillinger Apr 1984

Ucc And Me In Process, Ingrid Michelsen Hillinger

Faculty Publications

No abstract provided.


Bob Jones University V. U.S.: A Political Analysis, Neal Devins Apr 1984

Bob Jones University V. U.S.: A Political Analysis, Neal Devins

Faculty Publications

No abstract provided.


The 1982 Amendments To The Voting Rights Act: A Statutory Analysis Of The Revised Bailout Provisions, Richard A. Williamson Apr 1984

The 1982 Amendments To The Voting Rights Act: A Statutory Analysis Of The Revised Bailout Provisions, Richard A. Williamson

Faculty Publications

No abstract provided.


La Banque De France Et Ses Deux Cents Actionnaires Sous Le Second Empire, By Alain Plessis, Michael S. Smith Feb 1984

La Banque De France Et Ses Deux Cents Actionnaires Sous Le Second Empire, By Alain Plessis, Michael S. Smith

Faculty Publications

A review of La Banque de France et ses deux cents actionnaires sous le Second Empire, by Alain Plessis


“Other Acts” Evidence, Paul C. Giannelli Jan 1984

“Other Acts” Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.


Saturday Afternoon Fever, Michael Peter Waxman Jan 1984

Saturday Afternoon Fever, Michael Peter Waxman

Faculty Publications

No abstract provided.


Antitrust And Employer Restraints In Labor Markets, Robert H. Jerry Ii Jan 1984

Antitrust And Employer Restraints In Labor Markets, Robert H. Jerry Ii

Faculty Publications

This Article argues that the Sherman Act regulates concerted employer activity in the labor market only if such activity restrains or attempts to restrain the product market. After discussing the legislative history of the Act, the Article examines and synthesizes two conflicting lines of cases. Finally, the Article suggests how courts should dispose of challenges to employer conduct and posits the basis for a unified theory of labor-antitrust law.


Recent Developments In Kansas Insurance Law: A Survey, Some Analysis, And Some Suggestions, Robert H. Jerry Ii Jan 1984

Recent Developments In Kansas Insurance Law: A Survey, Some Analysis, And Some Suggestions, Robert H. Jerry Ii

Faculty Publications

For most of us the "small world" of insurance law, as it reflects and responds to changes in the "larger world," is also becoming increasingly complex. Part I of this article discusses cases involving questions of contract formation and termination; Part II concerns issues involving the performance of obligations arising out of the insurance contract; Part III studies several cases involving the construction and interpretation of contract language; Part IV is devoted solely to automobile insurance issues; finally, Part V discusses a few detached ideas.


Religion And A Neutral State: Imperative Or Impossibility?, Carl H. Esbeck Jan 1984

Religion And A Neutral State: Imperative Or Impossibility?, Carl H. Esbeck

Faculty Publications

The thesis of this Article is that the myth-of-neutrality argument is partially right and partially wrong. For reasons of religious liberty, the state can and should avoid any involvement with matters of religious worship, and the propagation or inculcation of matters that comprise the very heart of one's belief concerning the nature and destiny of mankind. Conversely, the state cannot retreat from the regulation of certain conduct which is arguably immoral and still claim its neutrality concerning the rightness of the conduct. The very decision by the state to withdraw its regulation, leaving the morality of the conduct up to …


U.S. Supreme Court: The 1983-84 Term, Paul C. Giannelli Jan 1984

U.S. Supreme Court: The 1983-84 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.


Arthur L. Corbin: His Kansas Connection, Robert H. Jerry Ii Jan 1984

Arthur L. Corbin: His Kansas Connection, Robert H. Jerry Ii

Faculty Publications

When a farm-born Kansan becomes one of the great teachers, authors, and scholars in the history of Anglo-American law, the story of his Kansas connection is worth noting in a law review published in his native state. This is the story of Arthur L. Corbin's early years and of his life-long fondness for the university where his quest for excellence began.


New Settlement Statute: Its History And Effect, David A. Fischer Jan 1984

New Settlement Statute: Its History And Effect, David A. Fischer

Faculty Publications

The statute concerning releases in multiple tortfeasor cases was amended to encourage settlements in two ways. It protects the settling tortfeasor from future liability for contribution, and it protects the settling claimant from having future judgments against non-settling tortfeasors reduced by more than an amount ascertainable at the time of the settlement. This article discusses the operation of the new statute and its relation to the law of contribution, indemnity, and comparative fault in Missouri.


1991: A Fourth Amendment Odyssey, Gerald F. Uelmen Jan 1984

1991: A Fourth Amendment Odyssey, Gerald F. Uelmen

Faculty Publications

No abstract provided.


Direct Television Broadcasting And The Quest For Communication Equality, Howard C. Anawalt Jan 1984

Direct Television Broadcasting And The Quest For Communication Equality, Howard C. Anawalt

Faculty Publications

No abstract provided.


Political Vs. Economic Incentives, B. Delworth Gardner Jan 1984

Political Vs. Economic Incentives, B. Delworth Gardner

Faculty Publications

H this paper is the best challenge that can be brought against the New Resource Economics (NRE) and its advocacy for privatization of the public lands, we are likely to see both around for a long time. If there is fallacy in the idea of privatization, it is not illuminated in the arguments of this article. The paper misrepresents what the NRE is, shows little comprehension of the basic concepts on which it rests, and completely reverses the basic nature of the privatization solution. I hope to demonstrate as much in this critique.


A New Look At An Old Association: Will Today's Women Be Tomorrow's Jaycees?, Neal Devins Jan 1984

A New Look At An Old Association: Will Today's Women Be Tomorrow's Jaycees?, Neal Devins

Faculty Publications

No abstract provided.


The 1965 Voting Rights Act: Some Wrongs Still Not Righted, Neal Devins Jan 1984

The 1965 Voting Rights Act: Some Wrongs Still Not Righted, Neal Devins

Faculty Publications

No abstract provided.


Human Rights In The Middle East, Linda A. Malone Jan 1984

Human Rights In The Middle East, Linda A. Malone

Faculty Publications

No abstract provided.


Inverse Liability Of The State Of Wisconsin For A De Facto "Temporary Taking" As A Result Of An Administrative Decision: Zinn V. State, Alemante G. Selassie Jan 1984

Inverse Liability Of The State Of Wisconsin For A De Facto "Temporary Taking" As A Result Of An Administrative Decision: Zinn V. State, Alemante G. Selassie

Faculty Publications

This Note examines Zinn v. State, a Wisconsin Supreme Court decision, which held that plaintiff stated a claim for inverse condemnation against the State of Wisconsin when, as a result of an erroneous quasi-judicial decision by the DNR, plaintiff lost the use of her property for a little longer than a month. This Note takes the position that Zinn represents the growing tendency among courts to enlarge the scope of fact situations in which they will find a taking. Given this tendency, and given that the substantive test in Wisconsin of what constitutes a taking is identical whether a taking …


The Good Faith Exception To The Exclusionary Rule: A Panel Discussion, Gerald F. Uelmen Jan 1984

The Good Faith Exception To The Exclusionary Rule: A Panel Discussion, Gerald F. Uelmen

Faculty Publications

No abstract provided.


Labor Law, Mack Player Jan 1984

Labor Law, Mack Player

Faculty Publications

No abstract provided.


The Right To Communicate, Howard C. Anawalt Jan 1984

The Right To Communicate, Howard C. Anawalt

Faculty Publications

No abstract provided.


The Joint Enterprise: Collaboration Between The Public And Private Sectors, Howard C. Anawalt, Karen Robbins Jan 1984

The Joint Enterprise: Collaboration Between The Public And Private Sectors, Howard C. Anawalt, Karen Robbins

Faculty Publications

No abstract provided.


The Legitimation Of Sex Discrimination: A Critical Response To Supreme Court Jurisprudence, Stephanie M. Wildman Jan 1984

The Legitimation Of Sex Discrimination: A Critical Response To Supreme Court Jurisprudence, Stephanie M. Wildman

Faculty Publications

No abstract provided.


The Limits Of Advocacy: A Proposal For The Tort Of Malicious Defense In Civil Litigation, Jonathan Van Patten Jan 1984

The Limits Of Advocacy: A Proposal For The Tort Of Malicious Defense In Civil Litigation, Jonathan Van Patten

Faculty Publications

No abstract provided.


The Enigma Of The Era, Jonathan Van Patten Jan 1984

The Enigma Of The Era, Jonathan Van Patten

Faculty Publications

No abstract provided.