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Articles 20071 - 20100 of 25411

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Vagueness-Chicago's Anti-Gang Loitering Ordinance, Thomas H. Lee Jan 1999

Vagueness-Chicago's Anti-Gang Loitering Ordinance, Thomas H. Lee

Faculty Scholarship

No abstract provided.


Feminism And Family Law, Katharine T. Bartlett Jan 1999

Feminism And Family Law, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.


The Impact On Securitization Of Revised Ucc Article 9, Steven L. Schwarcz Jan 1999

The Impact On Securitization Of Revised Ucc Article 9, Steven L. Schwarcz

Faculty Scholarship

No abstract provided.


The Ethics Of Being A Commentator Iii, Erwin Chemerinsky, Laurie Levenson Jan 1999

The Ethics Of Being A Commentator Iii, Erwin Chemerinsky, Laurie Levenson

Faculty Scholarship

No abstract provided.


A New American Foreign Affairs Law?, Curtis A. Bradley Jan 1999

A New American Foreign Affairs Law?, Curtis A. Bradley

Faculty Scholarship

No abstract provided.


Intellectual Property Rights In Biotechnology: Addressing New Technology, Arti K. Rai Jan 1999

Intellectual Property Rights In Biotechnology: Addressing New Technology, Arti K. Rai

Faculty Scholarship

This Article argues that the Court of Appeals for the Federal Circuit ("CAFC") has applied patent doctrine to biotechnology in a manner that makes patent protection far too strong in some respects and too weak in other respects. One major reason for the CAFC's mistakes has been limited comprehension of the new technologies that are central to the biotechnology industry. Moreover, a comparative analysis of the various institutions that could address the new genetic technologies reveals that the Patent and Trademark Offices ("PTO") is best equipped for the task. Thus, the CAFC should show greater deference to the PTO's factual …


Restoring Vitaility To State And Local Politics By Correcting The Excessive Independance Of The Supreme Court, Paul D. Carrington Jan 1999

Restoring Vitaility To State And Local Politics By Correcting The Excessive Independance Of The Supreme Court, Paul D. Carrington

Faculty Scholarship

This Article endorses the view of such political "conservatives" as Robert Bork, Pat Buchanan, Orrin Hatch, and Ed Meese that the Constitution of the United States is deeply flawed in conferring too large a political role on life-tenured Supreme Court Justices. It argues that a constitutional amendment to correct excessive judicial independance is long overdue, a conclusion, it contends, that ought be shared by all who believe, as the author does, that the right to self-government is the parent right on which our civil liberties and the market economy ultimately depend and that healthy institutions of self-government require substantial devolution …


Regulatory Duopoly In U.S. Securities Markets, James D. Cox Jan 1999

Regulatory Duopoly In U.S. Securities Markets, James D. Cox

Faculty Scholarship

Due to globalization, the world is a much smaller place today than it was when the U.S. securities laws were enacted. In an era of global trading and offerings of securities disclosure policy for U.S. securities markets is formulated with a healthy respect for the rules, customs, and practices of foreign markets. Thus, for policymakers, regulatory competition is as important a strategy as is harmonization. Theorists have long embraced the view that regulatory competition among markets will result in a regulatory hierarchy that is optimal for investors and the issuers of securities. In this Article, Professor Cox takes the regulatory …


The Unnecessary Victims’ Rights Amendment, Robert P. Mosteller Jan 1999

The Unnecessary Victims’ Rights Amendment, Robert P. Mosteller

Faculty Scholarship

The principle purpose of this essay is to examine the major justifications advanced by supporters of the proposed Victims' Rights Amendment (the "Amendment") that they contend to require victims' rights to be protected through the unique form of a constitutional amendment. I begin with what should be an uncontroversial proposition: proponents of an amendment to the United States Constitution bear a heavy burden of persuasion and must be able to justify enactment of the amendment on substantive grounds. I conclude that the Amendment is unnecessary, and therefore its proponents simply have not made their case.


Judgment Proofing: A Rejoinder, Steven L. Schwarcz Jan 1999

Judgment Proofing: A Rejoinder, Steven L. Schwarcz

Faculty Scholarship

No abstract provided.


Rethinking Freedom Of Contract: A Bankruptcy Paradigm, Steven L. Schwarcz Jan 1999

Rethinking Freedom Of Contract: A Bankruptcy Paradigm, Steven L. Schwarcz

Faculty Scholarship

This Article tests the limits of private contracting by examining what it means to contract about bankruptcy. Bankruptcy law if governed by a statutory code that defines the relationship between debtors and creditors when a debtor enters the bankruptcy regulatory scheme. May debtors and creditors contract in advance to change that relationship? Or would these contracts be "Faustian" bargains that the state should not enforce? Both courts and scholars are in conflict, yet the answer is critical because it affects not only bankruptcy costs but also the structuring of corporate reorganizations and securitization transactions. I maintain that the threshold question--what …


Can The Graduated Income Tax Survive Optimal Tax Analysis?, Lawrence A. Zelenak, Kemper Moreland Jan 1999

Can The Graduated Income Tax Survive Optimal Tax Analysis?, Lawrence A. Zelenak, Kemper Moreland

Faculty Scholarship

No abstract provided.


Radical Tax Reform, The Constitution, And The Conscientious Legislator, Lawrence A. Zelenak Jan 1999

Radical Tax Reform, The Constitution, And The Conscientious Legislator, Lawrence A. Zelenak

Faculty Scholarship

In an earlier article in these pages, Prof. Erik M Jensen examined the history of the Direct-Tax Clauses of the Constitution and concluded that two proposals for fundamental tax reform--the flat tax and the Unlimited Savings Allowance (USA) tax--would be unconstitutional as unapportioned direct taxes. In this essay Prof. Zelenak disagrees with that conclusion. Zelenak accepts, for the sake of argument, Jensen's reading of the historical records, but differs with Jensen on how to apply the Direct-Tax Clauses to forms of taxation not imagined in the eighteenth century. He suggests that a conscientious legislator could decide that neither proposal would …


What Are Law Libraries For?, Richard A. Danner Jan 1999

What Are Law Libraries For?, Richard A. Danner

Faculty Scholarship

No abstract provided.


Child Custody In The 21st Century: How The American Law Institute Proposes To Achieve Predictability And Still Protect The Individual Child’S Best Interests, Katharine T. Bartlett Jan 1999

Child Custody In The 21st Century: How The American Law Institute Proposes To Achieve Predictability And Still Protect The Individual Child’S Best Interests, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.


Substantive Due Process, Erwin Chemerinsky Jan 1999

Substantive Due Process, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Procedural Due Process Claims, Erwin Chemerinsky Jan 1999

Procedural Due Process Claims, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


A Framework For Analyzing The Constitutionality Of Restrictions On Federal Court Jurisdiction In Immigration Cases, Erwin Chemerinsky Jan 1999

A Framework For Analyzing The Constitutionality Of Restrictions On Federal Court Jurisdiction In Immigration Cases, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


The Supreme Court, Public Opinion, And The Role Of The Academic Commentator, Erwin Chemerinsky Jan 1999

The Supreme Court, Public Opinion, And The Role Of The Academic Commentator, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Civil Rights Without Remedies: Vicarious Liability Under Title Vii, Section 1983, And Title Ix, Catherine Fisk, Erwin Chemerinsky Jan 1999

Civil Rights Without Remedies: Vicarious Liability Under Title Vii, Section 1983, And Title Ix, Catherine Fisk, Erwin Chemerinsky

Faculty Scholarship

The Supreme Court has taken an inconsistent approach to allowing vicarious liability under major civil rights statutes. In recent cases, the Court has permitted qualified vicarious liability for supervisor's sexual harrassment under Title VII, but rejected vicarious liability under Title IX. Earlier, the Court rejected vicarious liability for local governements sued under Section 1983. In this Article, Professors Fisk and Chemerinsky describe the Court's inconsistent approaches and arge that they cannot be justified by the text or legislative history of these statutes. Professors Fisk and Chemerinsky argue that each of these statutes is meant to achieve the same purpose, deterring …


The Mechanisms Of Control, Deborah A. Demott Jan 1999

The Mechanisms Of Control, Deborah A. Demott

Faculty Scholarship

No abstract provided.


Technology And The 21st Century Battlefield: Recomplicating Moral Life For The Statesman And The Soldier, Charles J. Dunlap Jr. Jan 1999

Technology And The 21st Century Battlefield: Recomplicating Moral Life For The Statesman And The Soldier, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Book Review, Matthew D. Adler Jan 1999

Book Review, Matthew D. Adler

Faculty Scholarship

Reviewing, Incommensurability, Incomparability and Practical Reason (Ruth Chang ed., 1997)


Rationing Justice—What Thomas More Would Say, Michael E. Tigar Jan 1999

Rationing Justice—What Thomas More Would Say, Michael E. Tigar

Faculty Scholarship

No abstract provided.


The Police-Ization Of The Military, Charles J. Dunlap Jr. Jan 1999

The Police-Ization Of The Military, Charles J. Dunlap Jr.

Faculty Scholarship

This essay will briefly review the background of the use of the armed forces in a police capacity, discuss the growth of that role in the I980s and 1990s, and forecast an even greater expansion into that role in the near future due to the emerging threat of "catastrophic terrorism." It will contend that this increased reliance on military resources for policing is not in the interest of either the armed forces or the public. Finally, it will make some observations with a view towards minimizing the dangers of police-ization of the military while ensuring the Nation's public safety.


Kosovo, Casualty Aversion, And The American Military Ethos: A Perspective, Charles J. Dunlap Jr. Jan 1999

Kosovo, Casualty Aversion, And The American Military Ethos: A Perspective, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


On The Political Economy Of Global Environmental Regulation, Jonathan B. Wiener Jan 1999

On The Political Economy Of Global Environmental Regulation, Jonathan B. Wiener

Faculty Scholarship

No abstract provided.


Book Review, Curtis A. Bradley Jan 1999

Book Review, Curtis A. Bradley

Faculty Scholarship

Reviewing John Rogers, International Law and United States Law (1999)


State Sovereign Immunity And The Future Of Federalism, Ernest A. Young Jan 1999

State Sovereign Immunity And The Future Of Federalism, Ernest A. Young

Faculty Scholarship

No abstract provided.


The Last Brooding Omnipresence: Erie Railroad Co. V. Tompkins And The Unconstitutionality Of Preemptive Federal Maritime Law, Ernest A. Young Jan 1999

The Last Brooding Omnipresence: Erie Railroad Co. V. Tompkins And The Unconstitutionality Of Preemptive Federal Maritime Law, Ernest A. Young

Faculty Scholarship

No abstract provided.