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Articles 18901 - 18930 of 20685
Full-Text Articles in Entire DC Network
Constitutional Values In The Private Sector Workplace, Joseph R. Grodin
Constitutional Values In The Private Sector Workplace, Joseph R. Grodin
Faculty Scholarship
No abstract provided.
Easements In The Wake Of Catastrophe: The Legal Fallout, William T. Hutton, Walter T. Moore
Easements In The Wake Of Catastrophe: The Legal Fallout, William T. Hutton, Walter T. Moore
Faculty Scholarship
No abstract provided.
Of Unrequited Deductions (And Lost Hopes), William T. Hutton
Of Unrequited Deductions (And Lost Hopes), William T. Hutton
Faculty Scholarship
No abstract provided.
Drafting Choice Of Law Rules For Complex Litigation: Some Preliminary Thoughts, Mary Kay Kane
Drafting Choice Of Law Rules For Complex Litigation: Some Preliminary Thoughts, Mary Kay Kane
Faculty Scholarship
No abstract provided.
Dispute Resolution In The United States: Concerns And Opportunities In An Era Of Globalization Of Securities Markets, Mary Kay Kane
Dispute Resolution In The United States: Concerns And Opportunities In An Era Of Globalization Of Securities Markets, Mary Kay Kane
Faculty Scholarship
No abstract provided.
Principled Decision Making And The Proper Role Of Federal Appellate Courts: The Mixed Questions Conflict, Evan Tsen Lee
Principled Decision Making And The Proper Role Of Federal Appellate Courts: The Mixed Questions Conflict, Evan Tsen Lee
Faculty Scholarship
No abstract provided.
The Discovery Confidentiality Controversy, Richard L. Marcus
The Discovery Confidentiality Controversy, Richard L. Marcus
Faculty Scholarship
No abstract provided.
Federal Tax Amnesty: Crime And Punishment Revisited, Leo P. Martinez
Federal Tax Amnesty: Crime And Punishment Revisited, Leo P. Martinez
Faculty Scholarship
No abstract provided.
Procedural Options For Resolving Hearsay Issues, Roger C. Park
Procedural Options For Resolving Hearsay Issues, Roger C. Park
Faculty Scholarship
No abstract provided.
Comity In International Law, Joel R. Paul
Experts–Use And Abuse (Part I): Commentary, William W. Schwarzer
Experts–Use And Abuse (Part I): Commentary, William W. Schwarzer
Faculty Scholarship
No abstract provided.
Getting There: A Brief History Of The Politics Of Supreme Court Appointments, Calvin R. Massey
Getting There: A Brief History Of The Politics Of Supreme Court Appointments, Calvin R. Massey
Faculty Scholarship
No abstract provided.
The Future Of Legal Ethics, Geoffrey C. Hazard Jr.
The Future Of Legal Ethics, Geoffrey C. Hazard Jr.
Faculty Scholarship
No abstract provided.
Mclennan I: Does The Government Have An Attitude Problem?, William T. Hutton
Mclennan I: Does The Government Have An Attitude Problem?, William T. Hutton
Faculty Scholarship
No abstract provided.
Gender Wars: Selfless Women In The Republic Of Choice, Joan C. Williams
Gender Wars: Selfless Women In The Republic Of Choice, Joan C. Williams
Faculty Scholarship
No abstract provided.
"Normative Constitutional Fact-Finding": Exploring The Empirical Component Of Constitutional Interpretation, David L. Faigman
"Normative Constitutional Fact-Finding": Exploring The Empirical Component Of Constitutional Interpretation, David L. Faigman
Faculty Scholarship
No abstract provided.
Dissolving The Sameness/Difference Debate: A Post-Modern Path Beyond Essentialism In Feminist And Critical Race Theory, Joan C. Williams
Dissolving The Sameness/Difference Debate: A Post-Modern Path Beyond Essentialism In Feminist And Critical Race Theory, Joan C. Williams
Faculty Scholarship
No abstract provided.
The Argument Against International Abduction Of Criminal Defendants: An Introductory Note, Joel R. Paul
The Argument Against International Abduction Of Criminal Defendants: An Introductory Note, Joel R. Paul
Faculty Scholarship
No abstract provided.
Gestational Surrogacy And The Health Care Provider: Put Part Of The "Ivf Genie" Back Into The Bottle, Karen H. Rothenberg
Gestational Surrogacy And The Health Care Provider: Put Part Of The "Ivf Genie" Back Into The Bottle, Karen H. Rothenberg
Faculty Scholarship
No abstract provided.
Rethinking Minority Business Development Strategies, Robert E. Suggs
Rethinking Minority Business Development Strategies, Robert E. Suggs
Faculty Scholarship
Minority business set-asides were created as a prophylactic measure to redress discrimination against minority owned business firms. Predominantly minority jurisdictions found them especially attractive because they promised to provide minority firms a share of the procurement dollars expended by these jurisdictions. The Croson decision invalidated Richmond’s ordinance and posed substantial barriers to further enactments. This article proposes an alternative to such set-aides. It argues that the proposed alternative, an Equal Opportunity Rating Agency (EORA), provides a superior business development policy tool and does not have the constitutional vulnerabilities of set-asides. An EORA would operate much like a credit rating agency, …
Rethinking "Original Intent", David B. Lyons
Rethinking "Original Intent", David B. Lyons
Faculty Scholarship
Although Dred Scott v. Sandford is one of the Supreme Court's most controversial decisions, it is not often taught or read. But its approach to constitutional interpretation is by no means outdated, and its historical importance has not diminished. So it seems a good example to consider.
Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann
Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann
Faculty Scholarship
This Essay is an effort to construct a normative basis for a constitutional theory to resist the Supreme Court's recent decision in DeShaney v. Winnebago County Department of Social Services.1 In DeShaney, the Court decided that a local social service worker's failure to prevent child abuse did not violate the due process clause of the fourteenth amendment even though the social worker "had reason to believe" the abuse was occurring. 2 Chief Justice Rehnquist's opinion for the Court held that government inaction cannot violate due process unless the state has custody of the victim, 3 thus settling a controversial …
Rent Appropriation And The Labor Law Doctrine Of Successorship, Keith N. Hylton
Rent Appropriation And The Labor Law Doctrine Of Successorship, Keith N. Hylton
Faculty Scholarship
When there is a change of corporate control in a business enterprise a question arises as to whether the new employer should be bound by the predecessor's collective bargaining relationship with the union representing the predecessor's employees. This is known as the successorship problem in labor law.' Successorship doctrine is complex and controversial. Several commentators have attempted to reconcile Supreme Court decisions and to ascertain the assumptions underlying the Court's opinions in this area.2 This Article does not attempt to do this, although paradoxically, the arguments presented may lead to reconciliation of many of the Supreme Court's decisions relating to …
Professional Decisions And Ethical Values In Medical And Law Students, Robert L. Schwartz, Agnes G. Rezler, Pamela Lambert, S. Scott Obenshain, Joan Mciver Gibson, David A. Bennahum
Professional Decisions And Ethical Values In Medical And Law Students, Robert L. Schwartz, Agnes G. Rezler, Pamela Lambert, S. Scott Obenshain, Joan Mciver Gibson, David A. Bennahum
Faculty Scholarship
The purpose of this project is to evaluate and compare the values used by medical and law students when dealing with ethical dilemmas in the professional practice of law and medicine. It is assumed that conflict between doctors and lawyers often arises out of the different values that members of each profession apply to similar dilemmas.
Public Remedies For Private Wrongs: Rethinking The Title Vii Back Pay Remedy, Minna J. Kotkin
Public Remedies For Private Wrongs: Rethinking The Title Vii Back Pay Remedy, Minna J. Kotkin
Faculty Scholarship
No abstract provided.
Conflict Of Laws (1990), Sharon N. Freytag, James P. George, Michelle E. Mccoy
Conflict Of Laws (1990), Sharon N. Freytag, James P. George, Michelle E. Mccoy
Faculty Scholarship
Conflicts of laws occur when foreign elements appear in a lawsuit. Nonresident litigants, incidents in sister states or foreign countries, and lawsuits from other jurisdictions represent foreign elements that may create problems of judicial jurisdiction, choice of law, or recognition of foreign judgments, respectively. This Article reviews Texas conflicts of law during the Survey period from late 1988 through 1989, discussing cases from Texas state and federal courts. The Article excludes cases involving federal-state conflicts, criminal law, intrastate matters such as subject matter jurisdiction and venue, and conflicts in time, such as the applicability of prior or subsequent law within …
Academic Freedom: A Bibliography, Janet Sinder
Academic Freedom: A Bibliography, Janet Sinder
Faculty Scholarship
No abstract provided.
Territorial Governments And The Limits Of Formalism, Gary S. Lawson
Territorial Governments And The Limits Of Formalism, Gary S. Lawson
Faculty Scholarship
For much of this nation's history, the governance of American territories, such as the island of Guam, was one of the most significant and oft-litigated problems of American constitutional law. In modern times, however, issues of territorial governance have been reduced to the status of constitutional arcana. Professor Lawson maintains that this frequently neglected problem of territorial governance is an ideal context in which to conduct the resurgent modern debate concerning separation of powers theory. Accordingly, Professor Lawson undertakes a formalist analysis of the principal institutions of American territorial governance, finding all of them incompatible with a formalist understanding of …
The Law And Economics Of Organ Procurement, Keith N. Hylton
The Law And Economics Of Organ Procurement, Keith N. Hylton
Faculty Scholarship
This paper presents an economic analysis of the organ procurement system in the U.S. and examines proposals to alleviate the shortage of transplantable organs. The paper's principal conclusions are: (1) Although non-market solutions deserve the highest priority, demand increases fueled by improvements in transplant technology will probably make some market-based solution necessary in the future. (2) Quality deterioration and coercion will not necessarily be worrisome problems under a market-based procurement system.
Toward A Jurisprudence Of Benefits: The Norms Of Copyright And The Problem Of Private Censorship, Wendy J. Gordon
Toward A Jurisprudence Of Benefits: The Norms Of Copyright And The Problem Of Private Censorship, Wendy J. Gordon
Faculty Scholarship
For many years copyright was a backwater of the law. Perceived as an esoteric and narrow field beset by hypertechnical formalities, the discipline and its practitioners were largely isolated from scholarly and case law developments in other areas. There were exceptions, of course. Well before the explosion of intellectual property litigation in the last twenty years, persons such as Zechariah Chafee, Jr. and Judge Learned Hand brought a wealth of learning and broad perspective to copyright. But by and large copyright looked only to itself for guidance.