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Elitism, Expediency, And The New Certiorari: Requiem For The Learned Hand Tradition, William M. Richman, William L. Reynolds Jan 1996

Elitism, Expediency, And The New Certiorari: Requiem For The Learned Hand Tradition, William M. Richman, William L. Reynolds

Faculty Scholarship

No abstract provided.


Protective Orders In The Bankruptcy Court: The Congressional Mandate Of Bankruptcy Code Section 107 And Its Constitutional Implications, Michelle M. Harner, William T. Bodoh Jan 1996

Protective Orders In The Bankruptcy Court: The Congressional Mandate Of Bankruptcy Code Section 107 And Its Constitutional Implications, Michelle M. Harner, William T. Bodoh

Faculty Scholarship

No abstract provided.


The Balanced Budget Amendment: Will Judges Become Accountants? A Look At State Experiences, Donald B. Tobin Jan 1996

The Balanced Budget Amendment: Will Judges Become Accountants? A Look At State Experiences, Donald B. Tobin

Faculty Scholarship

No abstract provided.


Less Is More: A Move Toward Sanity In The Budget Process, Donald B. Tobin Jan 1996

Less Is More: A Move Toward Sanity In The Budget Process, Donald B. Tobin

Faculty Scholarship

No abstract provided.


Administrative Law Progress In 1995: Important Pennsylvania Supreme Court Decisions, John L. Gedid Jan 1996

Administrative Law Progress In 1995: Important Pennsylvania Supreme Court Decisions, John L. Gedid

Faculty Scholarship

No abstract provided.


A Pro-Death, Self-Fulfilling Constitutional Construct: The Supreme Court’S Evolving Standard Of Decency For The Death Penalty, Susan Raeker-Jordan Jan 1996

A Pro-Death, Self-Fulfilling Constitutional Construct: The Supreme Court’S Evolving Standard Of Decency For The Death Penalty, Susan Raeker-Jordan

Faculty Scholarship

No abstract provided.


H. Jefferson Powell On The American Constitutional Tradition: A Conversation, Randy Lee Jan 1996

H. Jefferson Powell On The American Constitutional Tradition: A Conversation, Randy Lee

Faculty Scholarship

No abstract provided.


New Federalism And Constitutional Criminal Procedure: Are We Repeating The Mistakes Of The Past?, James W. Diehm Jan 1996

New Federalism And Constitutional Criminal Procedure: Are We Repeating The Mistakes Of The Past?, James W. Diehm

Faculty Scholarship

No abstract provided.


The New Paradigm In Custody Law: Looking At Parents With A Loving Eye, Mary Kate Kearney Jan 1996

The New Paradigm In Custody Law: Looking At Parents With A Loving Eye, Mary Kate Kearney

Faculty Scholarship

No abstract provided.


The Role Of The Corporate Attorney Within The Takeover Context: Loyalties To Whom, Miriam Baer Jan 1996

The Role Of The Corporate Attorney Within The Takeover Context: Loyalties To Whom, Miriam Baer

Faculty Scholarship

No abstract provided.


A Mortgage By Any Other Name: A Plea For The Uniform Treatment Of Installment Land Contracts And Mortgages Under The Bankruptcy Code, Juliet M Moringiello Jan 1996

A Mortgage By Any Other Name: A Plea For The Uniform Treatment Of Installment Land Contracts And Mortgages Under The Bankruptcy Code, Juliet M Moringiello

Faculty Scholarship

No abstract provided.


Text, Purpose And Facts: The Relationship Between Cercla Sections 107 And 113, William D. Araiza Jan 1996

Text, Purpose And Facts: The Relationship Between Cercla Sections 107 And 113, William D. Araiza

Faculty Scholarship

No abstract provided.


Human Rights Monitoring In Germany: A Rejoinder, Maryellen Fullerton Jan 1996

Human Rights Monitoring In Germany: A Rejoinder, Maryellen Fullerton

Faculty Scholarship

No abstract provided.


A Championship Season For The First Amendment, Joel Gora Jan 1996

A Championship Season For The First Amendment, Joel Gora

Faculty Scholarship

No abstract provided.


Images Of Law School And Law Teaching In An Imperfect Spy, Stacy Caplow, Spencer W. Waller Jan 1996

Images Of Law School And Law Teaching In An Imperfect Spy, Stacy Caplow, Spencer W. Waller

Faculty Scholarship

No abstract provided.


Credit Enhancement In Domestic Transactions: Conceptualizing The Devices And Reinventing The Law, Neil B. Cohen Jan 1996

Credit Enhancement In Domestic Transactions: Conceptualizing The Devices And Reinventing The Law, Neil B. Cohen

Faculty Scholarship

No abstract provided.


Hungary, Refugees. And The Law Of Return, Maryellen Fullerton Jan 1996

Hungary, Refugees. And The Law Of Return, Maryellen Fullerton

Faculty Scholarship

No abstract provided.


From Courtroom To Classroom: Creating An Academic Component To Enhance The Skills And Values Learned In A Student Judicial Clerkship Clinic, Stacy Caplow Jan 1996

From Courtroom To Classroom: Creating An Academic Component To Enhance The Skills And Values Learned In A Student Judicial Clerkship Clinic, Stacy Caplow

Faculty Scholarship

No abstract provided.


The Legal Culture Of Northern New Spain, 1700-1810 By Charles R. Cutter, G. Emlen Hall Jan 1996

The Legal Culture Of Northern New Spain, 1700-1810 By Charles R. Cutter, G. Emlen Hall

Faculty Scholarship

The Legal Culture of Northern New Spain, 1700-1810. By Charles R. Cutter. (Albuquerque: University of New Mexico Press, 1995. xii+ 227 pp. Illustrations, maps, notes, bibliography, index. $39.95.)


Capital Murder And The Domestic Discount: A Study Of Capital Domestic Murder In The Post Furman Era, Elizabeth Rapaport Jan 1996

Capital Murder And The Domestic Discount: A Study Of Capital Domestic Murder In The Post Furman Era, Elizabeth Rapaport

Faculty Scholarship

In this Article I will challenge the tendency to discount the severity of domestic homicide, a phenomenon I call "the domestic discount." I will argue against automatic mitigation-the imputation of provocation or diminished capacity-simply or merely because the relationship" between victim and defendant is domestic or sexually intimate. I will argue that the traditional hot blood/cold blood dichotomy is an imperfect guide to the moral grading of homicide offenses. In particular, reliance on it has led to the under evaluation of the seriousness of some domestic homicides. It is my contention, or hypothesis, that the conclusions I draw from the …


Evolution Or Expediency: The United Nations' Response To The Disruption Of Democracy, Douglas Lee Donoho Jan 1996

Evolution Or Expediency: The United Nations' Response To The Disruption Of Democracy, Douglas Lee Donoho

Faculty Scholarship

No abstract provided.


The Civil Rights Remedy Of The Violence Against Women Act: Legislative History, Policy Implications & Litigation Strategy, Elizabeth M. Schneider Jan 1996

The Civil Rights Remedy Of The Violence Against Women Act: Legislative History, Policy Implications & Litigation Strategy, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.


'Trespassers, Beware': Lyda Burton Conley And The Battle For The Huron Place Cemetery, A. Kimberley Dayton Jan 1996

'Trespassers, Beware': Lyda Burton Conley And The Battle For The Huron Place Cemetery, A. Kimberley Dayton

Faculty Scholarship

Lyda Burton Conley, Kansas attorney and direct descendant of the great Wyandot Chief Tarhe, appeared before the Supreme Court in January, 1910 to appeal a dismissal of a lawsuit she had filed against Secretary of the Interior James Garfield in 1907. She was seeking a permanent injunction to prevent the sale of a parcel of land in which her ancestors were buried, by the federal government to private developers. This case appears to be the first on record in which a plaintiff argued that the burying grounds and cemeteries of Native American peoples are entitled to federal protection. This lawsuit …


The Role Of The Corporate Attorney Within The Takeover Context: Loyalties To Whom?, Miriam H. Baer Jan 1996

The Role Of The Corporate Attorney Within The Takeover Context: Loyalties To Whom?, Miriam H. Baer

Faculty Scholarship

No abstract provided.


Same-Sex Marriage And The Public Policy Exception In Choice-Of-Law: Does It Really Exist?, Barbara Cox Jan 1996

Same-Sex Marriage And The Public Policy Exception In Choice-Of-Law: Does It Really Exist?, Barbara Cox

Faculty Scholarship

No abstract provided.


Searches, Seizures, Confessions, And Some Thoughts On Criminal Procedure: Regulation Of Police Investigation -- Legal, Historical, Empirical, And Comparative Materials, Daniel B. Yeager Jan 1996

Searches, Seizures, Confessions, And Some Thoughts On Criminal Procedure: Regulation Of Police Investigation -- Legal, Historical, Empirical, And Comparative Materials, Daniel B. Yeager

Faculty Scholarship

Criminal procedure casebooks densely populate the market but rarely are reviewed. In Criminal Procedure: Regulation of Police Investigation-Legal, Historical, Empirical, and Comparative Materials, Christopher Slobogin copes with the anxiety of influence by writing a different sort of text. Simply put, the book is outwardly somewhat homely. Aesthetics aside, the book is mostly excellent and astonishingly so for a first edition. As the subtitle promises, the book has something for everyone: historians, empiricists, comparativists, theoreticians, case-crunchers, and practitioners. This review essay tracks the book's crowning achievement-the refreshing and inventive "perspectives" chapter that opens the book. The essay then reflects on …


Helping, Doing, And The Grammar Of Complicity, Daniel B. Yeager Jan 1996

Helping, Doing, And The Grammar Of Complicity, Daniel B. Yeager

Faculty Scholarship

This essay is about the grammatical and, to a lesser extent, moral aspects of the law of complicity, which treats someone who helps someone else commit a crime as though the helper himself committed the crime. The point I hope to make here is similar to the one Professor Phillip Johnson made about what he called "the unnecessary crime of conspiracy."


Flesh Of My Flesh But Not My Heir: Unintended Disinheritance, Laura M. Padilla Jan 1996

Flesh Of My Flesh But Not My Heir: Unintended Disinheritance, Laura M. Padilla

Faculty Scholarship

This article briefly explains how the laws of intestacy and adoption work together, providing background information on second parent adoptions. It then describes why these laws are inadequate for same sex partners who adopt each others' children. It is impractical to cover statutes throughout the United States, and because I seek legal reform in California, this article focuses on California statutes, with occasional reference to the Uniform Probate Code. However, the problems caused by California's statutes also arise in other states with similar statutes. Therefore, the issues raised in this article, as well as the solutions proposed, are relevant in …


Small Business And Copyright Ownership, Niels Schaumann Jan 1996

Small Business And Copyright Ownership, Niels Schaumann

Faculty Scholarship

This article attempts to facilitate the recognition of situations involving copyright and the appropriate arrangements regarding ownership of the right. Part II briefly outlines some copyright basics, including the varieties of copyrightable subject matter under the Copyright Act of 1976. Part III describes copyright ownership, focusing on the kinds of transactions most likely to take place in the context of small business, including the “work for hire” doctrine. Armed with these fundamentals, the small-business lawyer may find that copyright litigation will rarely become necessary.


Field Placement Programs: Practices, Problems And Possibilities, Robert F. Seibel, Linda H. Morton Jan 1996

Field Placement Programs: Practices, Problems And Possibilities, Robert F. Seibel, Linda H. Morton

Faculty Scholarship

This article presents empirical data on externship programs in hopes of creating a nationwide clearinghouse for those engaging in and evaluating such programs. The authors analyze the implications of their data, both to better understand and support the pedagogical value of externship programs, as well as to evaluate the effect of the more recent ABA regulations imposed on these programs.