Digital Commons Network^™

The Second Death Of Federalism, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

Developments In The Law Of Toxic Waste Litigation: Bankruptcy And Insurance Issues, Jonathan B. Wiener

Faculty Scholarship

No abstract provided.

Thinking About Nonliteral Interpretations Of The Internal Revenue Code, Lawrence A. Zelenak

Faculty Scholarship

In interpreting the Internal Revenue Code, courts must frequently resolve conflicts between the Code's literal language and its underlying structure and policies. Prof. Zelenak points out that the United States Supreme Court has failed to develop a coherent, consistent approach to resolving such conflicts, thus giving lower courts little guidance as to whether and when nonliteral interpretations of the Internal Revenue Code may be proper. Prof. Zelenak argues that nonliteral interpretations of the Internal Revenue Code may be appropriate when the language of a Code provision, taken literally, conflicts with Code policy or structure. The complexity of the Code does …

State Sovereignty And Federal Court Power: The Eleventh Amendment After “Pennhurst V. Halderman”, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Pedagogy Without Purpose: An Essay On Professional Responsibility Courses And Casebooks, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Training The Ethical Lawyer: A Rejoinder To Schneyer, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Changing The Rules Of The Game: The New Fcc Regulations On Political Debates, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Legal Education And Public Policy, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.

A Symposium Of Critical Legal Studies: Introduction, James Boyle

Faculty Scholarship

No abstract provided.

Modernist Social Theory: Roberto Unger’S Passion, James Boyle

Faculty Scholarship

No abstract provided.

Whose Rights? What Danger?, Michael E. Tigar

Faculty Scholarship

No abstract provided.

The Military Justice System And Command Accountability, Charles J. Dunlap Jr.

Faculty Scholarship

The Long Commission, which investigated the terrorist bombing of the Beirut Marine barracks, recommended punitive action against officers in the chain of command. The president, however, ruled out courts-martial. This article examines the concept of command accountability and the role of the military justice system.

Professional dereliction and incompetence have rarely been punished since World War II. . . . Failure to do so has bred an atmosphere of professional unaccountability that encourages, because it does not penalize, repetition of failure on the battlefield.

Judge Parker And The Public Service State, Peter G. Fish

Faculty Scholarship

No abstract provided.

Doctors On Trial: Steve Biko, Medical Ethics, And The Courts, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.

Court Trial Empirical Survey: Interview Responses From Trial Judges Explaining Their Experiences And Views Regarding The Trial Of Non-Jury Cases, John O. Sonsteng, Roger S. Haydock

Faculty Scholarship

Knowing how a judge will react to certain trial techniques in a trial can greatly enhance an attorney's effectiveness in the courtroom. This article contains and explains the results of the authors' empirical survey. Fifty-nine judges serving in both criminal and civil court in the Minneapolis-St. Paul area were surveyed, with each judge responding to thirty-eight questions designed to obtain objective information concerning their experiences and views on effective trial advocacy. The survey covered eight topics: (1) trial briefs; (2) pretrial chambers discussions; (3) opening statements; (4) direct and cross-examinations; (5) evidentiary matters; (6) closing arguments; (7) findings of fact …

Exhaustion Of Administrative Remedies: The Lesson From Environmental Cases, Marcia R. Gelpe

Faculty Scholarship

The law governing exhaustion of administrative remedies is complex and confusing and fosters needless litigation: litigation that is burdensome to the courts and costly to defendants, that adversely affects agency decision making and that by its very existence, wrongly influences courts to dispense with the exhaustion requirement. Exhaustion remains troublesome to the courts; many of the decisions are confusing and poorly reasoned. A reexamination of the exhaustion doctrine is called for, not only to indicate how the cases should be decided, but also to clarify the issues sufficiently to guide parties' behavior so that they may avoid litigation over exhaustion's …

Calculating Fees Of Special Masters, David I. Levine

Faculty Scholarship

No abstract provided.

Tribute To Talbert B. Fowler, Jr., Jenni Parrish

Faculty Scholarship

No abstract provided.

Recent Developments In Tax-Exempt Organizations, Stephen Schwarz

Faculty Scholarship

No abstract provided.

Trust Termination: Unborn, Living, And Dead Hands–Too Many Fingers In The Trust Pie, Gail Boreman Bird

Faculty Scholarship

No abstract provided.

Kidnapping: A Modern Definition, John L. Diamond

Faculty Scholarship

No abstract provided.

The Invention Of The Municipal Corporation: A Case Study In Legal Change, Joan C. Williams

Faculty Scholarship

No abstract provided.

Executive Targeting Of Congressmen As A Violation Of The Arrest Clause, Anita Bernstein

Faculty Scholarship

No abstract provided.

Introduction: Literature, Life And The Law, Joel Gora

Faculty Scholarship

No abstract provided.

Reflections On The Substance Of Finality, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Public Policy Limitations On Cohabitation Agreements: Unruly Horse Or Circus Pony?, H.G. Prince

Faculty Scholarship

No abstract provided.

Indigenous Peoples, Land Claims And Control Of Mineral Development: Australian And U.S. Legal Systems Compared, John D. Leshy

Faculty Scholarship

No abstract provided.

Ethical Dilemmas Facing Today's Lawyer, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Compensation For Victims Of Hazardous Substance Exposure, J. David Prince

Faculty Scholarship

Hazardous wastes, threatening environmental and human safety, are being generated at an alarming rate. In this Article, J. David Prince discusses the threats posed by hazardous wastes and the remedies that are available in Minnesota for dealing with those threats. Professor Prince analyzes a proposed compensation scheme for victims of hazardous waste exposure in Minnesota and suggests that a modification of that scheme be adopted by the Minnesota Legislature.

The Transformation Of The Fourteenth Amendment: Reflections From The Admission Of Maryland's First Black Lawyers, David S. Bogen

Faculty Scholarship

October 10, 1985, was the one hundredth anniversary of the admission to the bar of the Supreme Bench of Baltimore City of Everett J. Waring, the first black lawyer admitted to practice before the state courts in Maryland. This article explores the efforts of African-American lawyers to establish the right to practice law in Maryland and their role in the larger struggle for political and civil rights.