Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Faculty Scholarship

Discipline
Institution
Keyword
Publication Year
File Type

Articles 22711 - 22740 of 25324

Full-Text Articles in Entire DC Network

The Argument Against International Abduction Of Criminal Defendants: An Introductory Note, Joel R. Paul Jan 1991

The Argument Against International Abduction Of Criminal Defendants: An Introductory Note, Joel R. Paul

Faculty Scholarship

No abstract provided.


Getting New Drugs To People With Aids: A Public Policy Response To Lansdale, Marsha N. Cohen Jan 1991

Getting New Drugs To People With Aids: A Public Policy Response To Lansdale, Marsha N. Cohen

Faculty Scholarship

No abstract provided.


Assumption Of Risk After Comparative Negligence: Integrating Contract Theory Into Tort Doctrine, John L. Diamond Jan 1991

Assumption Of Risk After Comparative Negligence: Integrating Contract Theory Into Tort Doctrine, John L. Diamond

Faculty Scholarship

No abstract provided.


Itsfea's Effect On Either An Implied Cause Of Action For Damages By Contemporaneous Traders Or An Action For Damages Or Rescission By The Party In Privity With The Inside Trader, William K.S. Wang Jan 1991

Itsfea's Effect On Either An Implied Cause Of Action For Damages By Contemporaneous Traders Or An Action For Damages Or Rescission By The Party In Privity With The Inside Trader, William K.S. Wang

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 Jan 1991

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.


"Normative Constitutional Fact-Finding": Exploring The Empirical Component Of Constitutional Interpretation, David L. Faigman Jan 1991

"Normative Constitutional Fact-Finding": Exploring The Empirical Component Of Constitutional Interpretation, David L. Faigman

Faculty Scholarship

No abstract provided.


Ethical Opportunity In The Practice Of Law, Geoffrey C. Hazard Jr. Jan 1991

Ethical Opportunity In The Practice Of Law, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.


Transfers Of Federal Reclamation Water: A Case Study Of California's San Joaquin Valley, Brian E. Gray, Bruce C. Driver, Richard W. Wahl Jan 1991

Transfers Of Federal Reclamation Water: A Case Study Of California's San Joaquin Valley, Brian E. Gray, Bruce C. Driver, Richard W. Wahl

Faculty Scholarship

No abstract provided.


Martin Lipton And The American Law Institute, Geoffrey C. Hazard Jr. Jan 1991

Martin Lipton And The American Law Institute, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.


Primer #2: Options, William T. Hutton Jan 1991

Primer #2: Options, William T. Hutton

Faculty Scholarship

No abstract provided.


Good Intentions Gone Awry: The Impact Of New York's Equitable Distribution Law On Divorce Outcomes, Marsha Garrison Jan 1991

Good Intentions Gone Awry: The Impact Of New York's Equitable Distribution Law On Divorce Outcomes, Marsha Garrison

Faculty Scholarship

No abstract provided.


Power Not Reason: Justice Marshall's Valedictory And The Fourth Amendment In The Supreme Court's 1990 Term , Bruce A. Green Jan 1991

Power Not Reason: Justice Marshall's Valedictory And The Fourth Amendment In The Supreme Court's 1990 Term , Bruce A. Green

Faculty Scholarship

In its 1990 Term, the United States Supreme Court heard five cases involving the Fourth Amendment. In this article, Professor Bruce Green analyzes these five search-and-seizure decisions in light of Justice Marshall's criticism that '[Plower, not reason, is the new currency of this Court's decision-making." He examines the various considerations the Court advances in its Fourth Amendment analysis-interpretive principle, policy, and precedent--and discovers inconsistencies in the importance assigned to each of these considerations in a series of cases decided very close together by virtually the same Justices. Each approach controlled, Professor Green argues, only when it could be said to …


Slaying The Monsters Of Cost And Delay: Would Disclosure Be More Effective Than Discovery?, William W. Schwarzer Jan 1991

Slaying The Monsters Of Cost And Delay: Would Disclosure Be More Effective Than Discovery?, William W. Schwarzer

Faculty Scholarship

No abstract provided.


Constitutional Values In The Private Sector Workplace, Joseph R. Grodin Jan 1991

Constitutional Values In The Private Sector Workplace, Joseph R. Grodin

Faculty Scholarship

No abstract provided.


The Future Of Legal Ethics, Geoffrey C. Hazard Jr. Jan 1991

The Future Of Legal Ethics, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.


Drafting Choice Of Law Rules For Complex Litigation: Some Preliminary Thoughts, Mary Kay Kane Jan 1991

Drafting Choice Of Law Rules For Complex Litigation: Some Preliminary Thoughts, Mary Kay Kane

Faculty Scholarship

No abstract provided.


Experts–Use And Abuse (Part I): Commentary, William W. Schwarzer Jan 1991

Experts–Use And Abuse (Part I): Commentary, William W. Schwarzer

Faculty Scholarship

No abstract provided.


Impeachment Exception To The Exclusionary Rules: Policies, Principles, And Politics, The , James L. Kainen Jan 1991

Impeachment Exception To The Exclusionary Rules: Policies, Principles, And Politics, The , James L. Kainen

Faculty Scholarship

The exclusionary evidence rules derived from the Fourth, Fifth, and Sixth Amendments continue to play an important role in constitutional criminal procedure, despite the intense controversy that surrounds them. The primary justification for these rules has shifted from an "imperative of judicial integrity" to the "deterrence of police conduct that violates... [constitutional] rights." Regardless of the justification it uses for the rules' existence, the Supreme Court continues to limit their breadth "at the margin," when "the acknowledged costs to other values vital to a rational system of criminal justice" outweigh the deterrent effects of exclusion. The most notable limitation on …


Hare And Hounds: The Fugitive Defendant's Constitutional Right To Be Pursued, Bruce A. Green Jan 1991

Hare And Hounds: The Fugitive Defendant's Constitutional Right To Be Pursued, Bruce A. Green

Faculty Scholarship

No abstract provided.


Why Parity Matters, Susan Herman Jan 1991

Why Parity Matters, Susan Herman

Faculty Scholarship

No abstract provided.


Note, Sex(Ual Orientation) And Title Vii, I. Bennett Capers Jan 1991

Note, Sex(Ual Orientation) And Title Vii, I. Bennett Capers

Faculty Scholarship

No abstract provided.


Suretyship Principles In The New Articles 3: Clarifications And Substantive Changes, Neil B. Cohen Jan 1991

Suretyship Principles In The New Articles 3: Clarifications And Substantive Changes, Neil B. Cohen

Faculty Scholarship

No abstract provided.


Why Creditors File So Few Involuntary Petitions And Why The Number Is Not Too Small, Susan Block-Lieb Jan 1991

Why Creditors File So Few Involuntary Petitions And Why The Number Is Not Too Small, Susan Block-Lieb

Faculty Scholarship

No abstract provided.


Feminist Jurisprudence: Why Law Must Consider Women's Perspectives, Ann Juergens Jan 1991

Feminist Jurisprudence: Why Law Must Consider Women's Perspectives, Ann Juergens

Faculty Scholarship

A growing number of scholars are asking how the law would be different if it took women's points of view and experiences into account. Feminist Jurisprudence argues that we must look at the norms embedded in our legal system and rethink the law. It is about being inclusive of women, and of all people who differ from the norms of the law as it is today. The endeavor will necessarily shake up established relations between family, the workplace and the state. Lawyers, judges, and legislators should get ready for the changes.


Title Vii Compensation Issues Affecting Bilingual Hispanic Employees, David Allen Larson Jan 1991

Title Vii Compensation Issues Affecting Bilingual Hispanic Employees, David Allen Larson

Faculty Scholarship

This article deals the workers who are bilingual and their accompanying compensation on the job. The article covers compensation, classification, Bilingual Hispanic employees required to speak both Spanish and English on the job may, in certain circumstances, be entitled to greater compensation under Title VII of the Civil Rights Act of 1964 than employees who do the same job exclusively in English. It is unlikely, however, that a court will conclude that bilingual Hispanic employees required to speak both Spanish and English are for that reason alone entitled to increased compensation. Yet bilingual Hispanic employees required to use both languages …


Regulating Ethics Committees In Health Care Institutions - Is It Time?, Diane E. Hoffmann Jan 1991

Regulating Ethics Committees In Health Care Institutions - Is It Time?, Diane E. Hoffmann

Faculty Scholarship

No abstract provided.


The Privacy Obstacle Course: Hurding Barriers To Transnational Financial Services, Joel R. Reidenberg Jan 1991

The Privacy Obstacle Course: Hurding Barriers To Transnational Financial Services, Joel R. Reidenberg

Faculty Scholarship

This article addresses the challenge to transnational financial services resulting from national regulation of information processing. National laws around the world seek to define fair information practices for the private sector and contain prohibitions on data transfers to foreign destinations that lack sufficient privacy protection. The effect of these laws for the financial services industry is significant because financial services depend on personal information. The article argues that the international attempts to harmonize information practice standards and the national efforts to regulate information processing encourage divergence of national standards for financial services. It argues that regulatory flexibility and customization is …


Is It Time For A Federal Corporation Law, Roberta S. Karmel Jan 1991

Is It Time For A Federal Corporation Law, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


Who Owns Christmas Trees? The Disposition Of Property Used By A Partnership, Daniel S. Kleinberger, Barbara A. Wrigley Jan 1991

Who Owns Christmas Trees? The Disposition Of Property Used By A Partnership, Daniel S. Kleinberger, Barbara A. Wrigley

Faculty Scholarship

Two partners form an enterprise. One (the K partner) supplies the assets used by the enterprise. The other partner (the L partner) supplies only labor. When the enterprise ends, the partners disagree about how to divide the property used in the partnership business. The K partner wants his or her property returned. The L partner wants his or her share of the business assets. If some of the property has appreciated while in partnership use, the dispute will be especially complicated. How do the partners divide the value of the property as originally brought into the business? Who benefits from …


Introduction To Symposium: Achieving Justice In Arbitration, Thomas E. Carbonneau Jan 1991

Introduction To Symposium: Achieving Justice In Arbitration, Thomas E. Carbonneau

Faculty Scholarship

This symposium attests to the depth of scholarship that now surrounds the law of arbitration and to arbitration's widening adjudicatory mission in matters international and domestic. Authored by senior and emerging scholars who share a commitment to professional excellence, the various contributions not only assure continuity in arbitral scholarship, but also underscore the growing sophistication of arbitral practice and illustrate the complexity of the relationship between arbitration and the legal process. This symposium represents an inquiry into the convergence and divergence of legal and arbitral adjudicatory values and what impact these similarities and differences might have upon the functioning and …