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Articles 23461 - 23490 of 25324

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Simplifying Subpoena Law: Taking The Fifth Amendment Seriously, Robert P. Mosteller Jan 1987

Simplifying Subpoena Law: Taking The Fifth Amendment Seriously, Robert P. Mosteller

Faculty Scholarship

No abstract provided.


Reviving Republicanism, H. Jefferson Powell Jan 1987

Reviving Republicanism, H. Jefferson Powell

Faculty Scholarship

No abstract provided.


Rules For Originalists, H. Jefferson Powell Jan 1987

Rules For Originalists, H. Jefferson Powell

Faculty Scholarship

No abstract provided.


Notes On A Bicentennial Constitution: Part Ii, Antinomial Choices And The Role Of The Supreme Court, William W. Van Alstyne Jan 1987

Notes On A Bicentennial Constitution: Part Ii, Antinomial Choices And The Role Of The Supreme Court, William W. Van Alstyne

Faculty Scholarship

No abstract provided.


The Idea Of The Constitution As Hard Law, William W. Van Alstyne Jan 1987

The Idea Of The Constitution As Hard Law, William W. Van Alstyne

Faculty Scholarship

The "idea" of the Constitution is generally thought to be well declared in the famous rhetoric of its Preamble.


What Is “An Establishment Of Religion”?, William W. Van Alstyne Jan 1987

What Is “An Establishment Of Religion”?, William W. Van Alstyne

Faculty Scholarship

No abstract provided.


Preface: Master Advocates Edition, Robinson O. Everett Jan 1987

Preface: Master Advocates Edition, Robinson O. Everett

Faculty Scholarship

No abstract provided.


Thinking About Habeas Corpus, Erwin Chemerinsky Jan 1987

Thinking About Habeas Corpus, Erwin Chemerinsky

Faculty Scholarship

Hailed as the "great writ of liberty," the writ of habeas corpus protects the American citizenry from arbitrary and wrongful governmental imprisonment. The scope of the protection provided by the writ, however, has never been finally settled during it's almost 200 year existence. This is the result of failure on the part of those analyzing its scope to recognize the complexity of the issues involved and to confront the true issues that underlie its application. In this Article, Professor Chemerinsky discusses what he considers to be the four primary considerations of habeas issues; federalism, separation of powers, the purposes of …


A Paradox Without A Principle: A Comment On The Burger Court’S Jurisprudence In Separation Of Powers Cases, Erwin Chemerinsky Jan 1987

A Paradox Without A Principle: A Comment On The Burger Court’S Jurisprudence In Separation Of Powers Cases, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Shareholder Litigation In The United States And Australia: Common Problems, Uncommon Solutions, Deborah A. Demott Jan 1987

Shareholder Litigation In The United States And Australia: Common Problems, Uncommon Solutions, Deborah A. Demott

Faculty Scholarship

To what extent should decisions of companies' directors and controlling shareholders be challenged in litgation brought by disgruntled shareholders? The response in the United States tends to differ from that in Australia and Great Britain and to produce divergent legal rules for the regulation of shareholder litigation. Nonetheless, to some extent these dissimilar legal rules reflect common policy concerns created by shareholder litigation. This article begins with a brief sketch of the development of rules governing shareholder derivative suits, actions in which the shareholder sues on behalf of a company in which he owns shares alleging that the company has …


Basics Of Business Reorganization In Bankruptcy, Steven L. Schwarcz Jan 1987

Basics Of Business Reorganization In Bankruptcy, Steven L. Schwarcz

Faculty Scholarship

In this article, Steven Schwarcz offers an overview of Chapter 11 bankruptcy. In addition to beginning a Chapter 11 case, he also discusses administration of these cases and the plan of reorganization that a debtor must consider.


Comments On Standards Of Judicial Review, William W. Van Alstyne Jan 1987

Comments On Standards Of Judicial Review, William W. Van Alstyne

Faculty Scholarship

No abstract provided.


Book Review, George C. Christie Jan 1987

Book Review, George C. Christie

Faculty Scholarship

Reviewing Laura Kalman, Legal Realism at Yale 1927-60 (1986)


The Impact Of Fraudulent Conveyance Law On Future Advances Supported By Upstream Guaranties And Security Interests, Steven L. Schwarcz Jan 1987

The Impact Of Fraudulent Conveyance Law On Future Advances Supported By Upstream Guaranties And Security Interests, Steven L. Schwarcz

Faculty Scholarship

No abstract provided.


Response Prepared To White House Analysis Of Judge Bork’S Record (Biden Report), Christopher H. Schroeder, Jeffrey Peck Jan 1987

Response Prepared To White House Analysis Of Judge Bork’S Record (Biden Report), Christopher H. Schroeder, Jeffrey Peck

Faculty Scholarship

Originally published as a Report to the Chairman of the Senate Judiciary Committee, Joseph Biden, on the nomination of Robert H. Bork to the United States Supreme Court.


A Judicial Declaration Of Martial Law, Lawrence G. Baxter Jan 1987

A Judicial Declaration Of Martial Law, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.


Symbiosis Between Social Spiders And Yeast: The Role In Prey Attraction, William James Tietjen, L. Rao Ayyagari, George W. Uetz Jan 1987

Symbiosis Between Social Spiders And Yeast: The Role In Prey Attraction, William James Tietjen, L. Rao Ayyagari, George W. Uetz

Faculty Scholarship

A number of predatory animals use deception, including odors, signals, and bait-like body appendages or objects to lure prey (Alcock, 1984). Several spider species are known to emit chemical odors that mimic the sex attractants of certain noctuid or saturniid moths as a means of luring males to be captured (Tietjen and Rovner, 1982). Here we provide evidence that the social spider species, Mallos gregalis, uses a scented "bait" to attract prey. Our results indicate that this odor is produced by yeasts growing on the carcasses of previously fed-upon flies which these spiders incorporated into their webs.


A Lawyer's Privilege Against Self-Incrimination In Professional Disciplinary Proceedings, Geoffrey C. Hazard Jr., Cameron Beard Jan 1987

A Lawyer's Privilege Against Self-Incrimination In Professional Disciplinary Proceedings, Geoffrey C. Hazard Jr., Cameron Beard

Faculty Scholarship

No abstract provided.


The Excessive Fines Clause And Punitive Damages Some Lessons From History, Calvin R. Massey Jan 1987

The Excessive Fines Clause And Punitive Damages Some Lessons From History, Calvin R. Massey

Faculty Scholarship

No abstract provided.


Taking Kawashima Seriously: A Review Of Japanese Research On Japanese Legal Consciousness And Disputing Behavior, Setsuo Miyazawa Jan 1987

Taking Kawashima Seriously: A Review Of Japanese Research On Japanese Legal Consciousness And Disputing Behavior, Setsuo Miyazawa

Faculty Scholarship

This paper discusses Japanese research on legal consciousness (ho-ishiki) and civil disputing. The author presents a recent explication of Takeyoshi Kawashima's concept of legal consciousness as a cultural factor and also proposes to explore the possibility of treating it as an individual, attitudinal factor. He also reviews large-scale surveys of aggregate-level culture and studies on individual-level disputing behavior. The need and possibility of a longitudinal study of individual disputing behavior that uses individual-level attitudes and regional culture as explanatory variables is suggested.


Permissive Affirmative Action For The Benefit Of Blacks, Geoffrey C. Hazard Jr. Jan 1987

Permissive Affirmative Action For The Benefit Of Blacks, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.


Whence Knowledge Intent? Whither Knowledge Intent?, David Jung, David I. Levine Jan 1987

Whence Knowledge Intent? Whither Knowledge Intent?, David Jung, David I. Levine

Faculty Scholarship

No abstract provided.


Of Carrots And Sticks: Evaluating The Role Of The Class Action Lawyer, Mary Kay Kane Jan 1987

Of Carrots And Sticks: Evaluating The Role Of The Class Action Lawyer, Mary Kay Kane

Faculty Scholarship

No abstract provided.


The Dual Sovereignty Exception To Double Jeopardy: In The Wake Of Garcia V. San Antonio Metropolitan Transit Authority, Evan Tsen Lee Jan 1987

The Dual Sovereignty Exception To Double Jeopardy: In The Wake Of Garcia V. San Antonio Metropolitan Transit Authority, Evan Tsen Lee

Faculty Scholarship

No abstract provided.


Exceptions To The Clearly Erroneous Test After The Recent Amending Of Rule 52(A) For The Review Of Findings Of Fact Based Upon Documentary Evidence, David I. Levine, Hillary J. Salans Jan 1987

Exceptions To The Clearly Erroneous Test After The Recent Amending Of Rule 52(A) For The Review Of Findings Of Fact Based Upon Documentary Evidence, David I. Levine, Hillary J. Salans

Faculty Scholarship

No abstract provided.


Whence Knowledge Intent? Whither Knowledge Intent?, David I. Levine Jan 1987

Whence Knowledge Intent? Whither Knowledge Intent?, David I. Levine

Faculty Scholarship

No abstract provided.


A Subject Matter Approach To Hearsay Reform, Roger C. Park Jan 1987

A Subject Matter Approach To Hearsay Reform, Roger C. Park

Faculty Scholarship

No abstract provided.


Philadelphia Newspapers V. Hepps: Unanswered Defamation Questions, John L. Diamond Jan 1987

Philadelphia Newspapers V. Hepps: Unanswered Defamation Questions, John L. Diamond

Faculty Scholarship

No abstract provided.


The "Contemporaneous" Traders Who Can Sue An Inside Trader, William K.S. Wang Jan 1987

The "Contemporaneous" Traders Who Can Sue An Inside Trader, William K.S. Wang

Faculty Scholarship

No abstract provided.


Critical Legal Studies: The Death Of Transcendence And The Rise Of The New Langdells, Joan C. Williams Jan 1987

Critical Legal Studies: The Death Of Transcendence And The Rise Of The New Langdells, Joan C. Williams

Faculty Scholarship

No abstract provided.