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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
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
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
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
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.
"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.
Ethical Opportunity In The Practice Of Law, Geoffrey C. Hazard Jr.
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
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.
Martin Lipton And The American Law Institute, Geoffrey C. Hazard Jr.
Faculty Scholarship
No abstract provided.
Primer #2: Options, William T. Hutton
Good Intentions Gone Awry: The Impact Of New York's Equitable Distribution Law On Divorce Outcomes, Marsha Garrison
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
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
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
Constitutional Values In The Private Sector Workplace, Joseph R. Grodin
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.
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.
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.
Impeachment Exception To The Exclusionary Rules: Policies, Principles, And Politics, The , James L. Kainen
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
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
Note, Sex(Ual Orientation) And Title Vii, I. Bennett Capers
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
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
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
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
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
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
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
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
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
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 …