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Culture And Certainty: Legal History And The Reconstructive Project, Joan C. Williams Jan 1990

Culture And Certainty: Legal History And The Reconstructive Project, Joan C. Williams

Faculty Scholarship

No abstract provided.


Comparable Worth In Arbitration, Christine D. Ver Ploeg Jan 1990

Comparable Worth In Arbitration, Christine D. Ver Ploeg

Faculty Scholarship

In 1992 Minnesota became a pioneer in the arena of equal pay for equal work by enacting the Minnesota Local Government Pay Equity Act/Comparable Worth Law (“CWL”), which allocated nearly $22 million to remedy wage disparities between female dominated and male dominated classes at the state level. Each local government had to determine a new pay level for public employees taking into account whether it was a male or female dominated field. Many of these determinations were challenged by unions basing their challenges on two primary themes: (1) the methodologies used were flawed; (2) the determinations were invalid because the …


Strange Bedfellows For Electronic Funds Transfers: Proposed Article 4a Of The Uniform Commercial Code And The Uncitral Model Law Symposium: Revised U.C.C. Articles 3 &(And) 4 And New Article 4a, Carl Felsenfeld Jan 1990

Strange Bedfellows For Electronic Funds Transfers: Proposed Article 4a Of The Uniform Commercial Code And The Uncitral Model Law Symposium: Revised U.C.C. Articles 3 &(And) 4 And New Article 4a, Carl Felsenfeld

Faculty Scholarship

Two pieces of proposed legislation that will affect the same subject matter are proceeding down parallel tracks. If all goes as planned, the tracks will at some time turn inward and there may be a collision. Each piece has as its core concern the subject of electronic funds transfers ("EFTs"), the modern device that has overtaken checks as the principal form of money transfer.' Basically, however, before the promulgation of Article 4A there was no legislation, either in the United States or abroad, that governed EFTs in the way that Articles 3 and 4 of the Uniform Commercial Code ("U.C.C.") …


Structured Finance: The New Way To Securitize Assets, Steven L. Schwarcz Jan 1990

Structured Finance: The New Way To Securitize Assets, Steven L. Schwarcz

Faculty Scholarship

No abstract provided.


Corrective Justice, Liability For Risks, And Tort Law, Christopher H. Schroeder Jan 1990

Corrective Justice, Liability For Risks, And Tort Law, Christopher H. Schroeder

Faculty Scholarship

No abstract provided.


Evolution And Application Of Critical Habitat Under The Endangered Species Act, James Salzman Jan 1990

Evolution And Application Of Critical Habitat Under The Endangered Species Act, James Salzman

Faculty Scholarship

No abstract provided.


Strategies For Strengthening The Case For Separate Property Classification Of Assets Under Idaho Law, William A. Reppy Jr. Jan 1990

Strategies For Strengthening The Case For Separate Property Classification Of Assets Under Idaho Law, William A. Reppy Jr.

Faculty Scholarship

No abstract provided.


Corrective Justice And Liability For Increasing Risks, Christopher H. Schroeder Jan 1990

Corrective Justice And Liability For Increasing Risks, Christopher H. Schroeder

Faculty Scholarship

No abstract provided.


The Professional Paradigm Of Medical Care: Obstacle To Decentralization, Clark C. Havighurst Jan 1990

The Professional Paradigm Of Medical Care: Obstacle To Decentralization, Clark C. Havighurst

Faculty Scholarship

This article examines the tension between the medical profession's control of medical decisionmaking and the decentralization strategy of placing control of costs and decisions in consumers' hands. The author argues that society cannot fight the battle for efficiency in medical care because the professional paradigm limits the ability of consumers to influence physicians' practices. He explains the paradigm as the medical profession's belief that medical care is not a consumer good but is scientifically determined, and thus medical decisions are entrusted exclusively to physicians. The author analyzes the operation of the professional paradigm in the following areas: accreditation, hospital organization, …


Teaching Law And Virtue At Translyvania University: The George Wythe Tradition In The Antebellum Years, Paul D. Carrington Jan 1990

Teaching Law And Virtue At Translyvania University: The George Wythe Tradition In The Antebellum Years, Paul D. Carrington

Faculty Scholarship

No abstract provided.


The Revolutionary Idea Of University Legal Education, Paul D. Carrington Jan 1990

The Revolutionary Idea Of University Legal Education, Paul D. Carrington

Faculty Scholarship

No abstract provided.


Puzzles And Parables: Defining Good Faith In The Mbo Context, Deborah A. Demott Jan 1990

Puzzles And Parables: Defining Good Faith In The Mbo Context, Deborah A. Demott

Faculty Scholarship

No abstract provided.


Military Rules Of Evidence Symposium: An Introduction, Robinson O. Everett Jan 1990

Military Rules Of Evidence Symposium: An Introduction, Robinson O. Everett

Faculty Scholarship

No abstract provided.


Transparency, Opacity, And Openness In Narrative, H. Jefferson Powell Jan 1990

Transparency, Opacity, And Openness In Narrative, H. Jefferson Powell

Faculty Scholarship

No abstract provided.


Goldstein On Copyright Law: A Realist’S Approach To A Technological Age, Jerome H. Reichman Jan 1990

Goldstein On Copyright Law: A Realist’S Approach To A Technological Age, Jerome H. Reichman

Faculty Scholarship

No abstract provided.


Panel Three: The Roles Of Juries And The Press In The Modern Judicial System, Neil Vidmar, Shari S. Diamond, Jane Kirtley, Bruce Sanford, Nina Totenberg, Stephen Wermiel, Ford Rowan Jan 1990

Panel Three: The Roles Of Juries And The Press In The Modern Judicial System, Neil Vidmar, Shari S. Diamond, Jane Kirtley, Bruce Sanford, Nina Totenberg, Stephen Wermiel, Ford Rowan

Faculty Scholarship

No abstract provided.


The Taxation Of The Tax Indemnity Payments: Recovery Of Capital And The Contours Of Gross Income, Lawrence A. Zelenak Jan 1990

The Taxation Of The Tax Indemnity Payments: Recovery Of Capital And The Contours Of Gross Income, Lawrence A. Zelenak

Faculty Scholarship

No abstract provided.


The Seventh Amendment: Some Bicentennial Reflections, Paul D. Carrington Jan 1990

The Seventh Amendment: Some Bicentennial Reflections, Paul D. Carrington

Faculty Scholarship

No abstract provided.


An Outsider’S Perspective Of Insider Trading Regulation In Australia, James D. Cox Jan 1990

An Outsider’S Perspective Of Insider Trading Regulation In Australia, James D. Cox

Faculty Scholarship

This article provides a close analysis of contemporary justifications frequently advanced for the regulation of insider trading. The rationalization for the prosecution of insider trading is contrasted with the objectives and provisions of Australia's Corporations Act of 1989. The final section of the paper provides reaction to the many complaints others have raised regarding weaknesses inherent in the former regulatory framework that placed the National Companies and Securities Commission at the center of Australia's regulation of insider trading.


Congress, The Supreme Court, And The Eleventh Amendment: A Comment On The Decisions During The 1988-89 Term, Erwin Chemerinsky Jan 1990

Congress, The Supreme Court, And The Eleventh Amendment: A Comment On The Decisions During The 1988-89 Term, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Defining The Role Of Federal Courts, Erwin Chemerinsky, Larry Kramer Jan 1990

Defining The Role Of Federal Courts, Erwin Chemerinsky, Larry Kramer

Faculty Scholarship

No abstract provided.


A Judicial Postscript To The Church-State Debates Of 1989: How Porous The Wall, How Civil The State?, William W. Van Alstyne Jan 1990

A Judicial Postscript To The Church-State Debates Of 1989: How Porous The Wall, How Civil The State?, William W. Van Alstyne

Faculty Scholarship

This work is a continuation of the debate regarding the Establishment Clause. The focus lies with Justice O’Connor’s concurrence in County of Allegheny v. ACLU and how this opinion harkens back to a concept shared by Jefferson and Madison, that the establishment clause is designed to prevent government favoritism.


It Does The Crime But Not The Time: Corporate Criminal Liability In Federal Law, Michael E. Tigar Jan 1990

It Does The Crime But Not The Time: Corporate Criminal Liability In Federal Law, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Voices Heard In Jury Argument: Litigation And The Law School Curriculum, Michael E. Tigar Jan 1990

Voices Heard In Jury Argument: Litigation And The Law School Curriculum, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Habeas Corpus And The Penalty Of Death, Michael E. Tigar Jan 1990

Habeas Corpus And The Penalty Of Death, Michael E. Tigar

Faculty Scholarship

No abstract provided.


The Hushed Case Against A Supreme Court Appointment: Judge Parker's "New South" Constitutional Jurisprudence, 1925-1933, Peter G. Fish Jan 1990

The Hushed Case Against A Supreme Court Appointment: Judge Parker's "New South" Constitutional Jurisprudence, 1925-1933, Peter G. Fish

Faculty Scholarship

No abstract provided.


State Control Of Great Lakes Water Diversion, J. David Prince Jan 1990

State Control Of Great Lakes Water Diversion, J. David Prince

Faculty Scholarship

This article focuses on the law relevant to the issue of interbasin diversion of Great Lakes water, the policies reflected in that law, and the limitations of the law on such diversions and on the ability of the Great Lakes states to control proposed diversions. It concludes with an argument for regional as opposed to national or state-by-state decision making on the issue of diversions and a suggested mechanism for facilitating such regional decision making.


Organizing Themes Of Environmental Law, Marcia R. Gelpe Jan 1990

Organizing Themes Of Environmental Law, Marcia R. Gelpe

Faculty Scholarship

This article is designed to assist students and lawyers in their work in the field of Environmental Law; specifically, in the area of preventing and mitigating the effects of pollution. The article begins with the origins of modern environmental law. It briefly summarizes the reasons we have environmental problems and describes the inadequacies of the common law responses. This is key to understanding modern environmental statutes, which are designed to remedy the shortcomings of the common law. The main part of the article sets out the various approaches to remedying those shortcomings and gives examples of environmental statutes which take …


Frontispiece On Good Faith: A Functional Approach Within The Ucc, Christina L. Kunz Jan 1990

Frontispiece On Good Faith: A Functional Approach Within The Ucc, Christina L. Kunz

Faculty Scholarship

This article examines areas of the law with thin jurisprudences on good faith, and how the Uniform Commercial Code’s (UCC’s) express statutory rules have become an active laboratory of experiments on good faith. Part I discusses the general obligation of good faith under the UCC. Part II lays out and discusses how the specific UCC provisions on good faith serve one or more of the following functions: restrict the exercise of one-sided power in a contract, in order to avoid unfair or unexpected results; restrict the range of possible responses to defective performance or to an unexpected event, in order …


Why Not Good Faith?-The Foibles Of Fairness In Closely Held Corporations, Daniel S. Kleinberger Jan 1990

Why Not Good Faith?-The Foibles Of Fairness In Closely Held Corporations, Daniel S. Kleinberger

Faculty Scholarship

This essay describes the contours of the shareholder’s duty to be fair and explores some of the problems caused by the law’s imprecision in defining the duty of fairness. Because this duty is best understood as a rejection of old norms, part one of this essay describes the traditional doctrines of intra-corporate responsibility. Part two describes the special characteristics of a close corporation and outlines how those characteristics pushed close corporation law to new concepts of fairness and shareholder duties. Part three attempts to delineate those duties of fairness and also to highlight some of the dangers that arise when …