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Articles 23911 - 23940 of 25324

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First Amendment Limitations On Recovery From The Press—An Extended Comment On “The Anderson Solution”, William W. Van Alstyne Jan 1984

First Amendment Limitations On Recovery From The Press—An Extended Comment On “The Anderson Solution”, William W. Van Alstyne

Faculty Scholarship

No abstract provided.


Should Courts Require The Internal Revenue Service To Be Consistent?, Lawrence A. Zelenak Jan 1984

Should Courts Require The Internal Revenue Service To Be Consistent?, Lawrence A. Zelenak

Faculty Scholarship

No abstract provided.


The Price Of Asking The Wrong Question: An Essay On Constitutional Scholarship And Judicial Review, Erwin Chemerinsky Jan 1984

The Price Of Asking The Wrong Question: An Essay On Constitutional Scholarship And Judicial Review, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Solvency And Survival After The Boom—A Different Perspective, A. Kenneth Pye, John R. Kramer Jan 1984

Solvency And Survival After The Boom—A Different Perspective, A. Kenneth Pye, John R. Kramer

Faculty Scholarship

No abstract provided.


Notes On A Bicentennial Constitution: Part I, Processes Of Change, William W. Van Alstyne Jan 1984

Notes On A Bicentennial Constitution: Part I, Processes Of Change, William W. Van Alstyne

Faculty Scholarship

With the approach of the Bill of Rights bicentennial, this paper takes the cause for celebration as an equally important occasion for critique. This work argues that the most distinguishing aspects of our Constitution are not the Bill of Rights, federalism, and separation of powers, but rather the availability of judicial review, the political insulation of federal judges, and the limited mechanisms available for constitutional change.


Book Review, Michael E. Tigar Jan 1984

Book Review, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Book Review, Paul D. Carrington Jan 1984

Book Review, Paul D. Carrington

Faculty Scholarship

Reviewing R. Stevens, Law School: Legal Education in America from the 1850s to the 1980s (1983).


Foreword: Public And Private Barriers To Competitive Reform Of Health Care Services Delivery, Clark C. Havighurst Jan 1984

Foreword: Public And Private Barriers To Competitive Reform Of Health Care Services Delivery, Clark C. Havighurst

Faculty Scholarship

No abstract provided.


The Small Claims Court: A Reconceptualization Of Disputes And An Empirical Investigation, Neil Vidmar Jan 1984

The Small Claims Court: A Reconceptualization Of Disputes And An Empirical Investigation, Neil Vidmar

Faculty Scholarship

In this paper disputes are seen as varying along a dimension of admitted liability, that is, the extent to which defendants admit some obligation to plaintiffs; they may admit no liability, partial liability, or full liability. This conceptualization was used in an empirical study of a small claims court. The results paint a portrait of the court that is at variance with most of the previous literature. Consumer issues constitute a substantial portion of the court caseload. On average, defendants, including individual consumers, do well when they dispute claims. Among disputed cases, small rather than large businesses predominate. Prior literature …


Administrative Institutions And The Administrative Process, Lawrence G. Baxter Jan 1984

Administrative Institutions And The Administrative Process, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.


The Scope Of Bargaining In Minnesota Public Sector Labor Relations: A Proposal For Change, Deborah A. Schmedemann Jan 1984

The Scope Of Bargaining In Minnesota Public Sector Labor Relations: A Proposal For Change, Deborah A. Schmedemann

Faculty Scholarship

This article surveys and analyzes the law on the scope of bargaining under the Minnesota Public Employment Labor Relations Act (PERLA) and suggests ways to make it more certain and responsive to public policy. Part II sets out the conflicting policy considerations to be accommodated in defining the scope of bargaining. These considerations form the basis for Part Ill's criticism of the present law under PELRA and guide the recommendations for change made in Part IV.


Sources In American Legal History, Jenni Parrish Jan 1984

Sources In American Legal History, Jenni Parrish

Faculty Scholarship

No abstract provided.


Recent Developments In Tax-Exempt Organizations, William T. Hutton, Stephen Schwarz Jan 1984

Recent Developments In Tax-Exempt Organizations, William T. Hutton, Stephen Schwarz

Faculty Scholarship

No abstract provided.


Law As An Instrument Of Educational Policy-Making, David Jung, David L. Kirp Jan 1984

Law As An Instrument Of Educational Policy-Making, David Jung, David L. Kirp

Faculty Scholarship

No abstract provided.


The Authority For The Appointment Of Remedial Special Masters In Federal Institutional Reform Litigation: The History Reconsidered, David I. Levine Jan 1984

The Authority For The Appointment Of Remedial Special Masters In Federal Institutional Reform Litigation: The History Reconsidered, David I. Levine

Faculty Scholarship

No abstract provided.


Preliminary Procedural Protection For The Press From Jurisdiction In Distant Forums After Calder And Keeton, David I. Levine Jan 1984

Preliminary Procedural Protection For The Press From Jurisdiction In Distant Forums After Calder And Keeton, David I. Levine

Faculty Scholarship

No abstract provided.


Conflicts Among Circuits And Transfers Within The Federal Judicial System, Richard L. Marcus Jan 1984

Conflicts Among Circuits And Transfers Within The Federal Judicial System, Richard L. Marcus

Faculty Scholarship

No abstract provided.


Roger Traynor: Teacher, Jurist, And Friend, James R. Mccall Jan 1984

Roger Traynor: Teacher, Jurist, And Friend, James R. Mccall

Faculty Scholarship

No abstract provided.


Perfecting The Third Party Beneficiary Standing Rule Under Section 302 Of The Restatement (Second) Of Contracts, H.G. Prince Jan 1984

Perfecting The Third Party Beneficiary Standing Rule Under Section 302 Of The Restatement (Second) Of Contracts, H.G. Prince

Faculty Scholarship

No abstract provided.


Grading The Judge, William W. Schwarzer Jan 1984

Grading The Judge, William W. Schwarzer

Faculty Scholarship

No abstract provided.


Dillon V. Legg Revisited: Toward A Unified Theory Of Compensating Bystanders And Relatives For Intangible Injuries, John L. Diamond Jan 1984

Dillon V. Legg Revisited: Toward A Unified Theory Of Compensating Bystanders And Relatives For Intangible Injuries, John L. Diamond

Faculty Scholarship

No abstract provided.


On The Outside Looking In: The Legal Historian's Perspective On Rare Book Collections, Jenni Parrish Jan 1984

On The Outside Looking In: The Legal Historian's Perspective On Rare Book Collections, Jenni Parrish

Faculty Scholarship

No abstract provided.


The "Discovery" Of Sexual Abuse: Experts' Role In Legal Policy Formulation, D. Kelly Weisberg Jan 1984

The "Discovery" Of Sexual Abuse: Experts' Role In Legal Policy Formulation, D. Kelly Weisberg

Faculty Scholarship

No abstract provided.


Sexual Abuse Of Children: Recent Developments In The Law Of Evidence, D. Kelly Weisberg Jan 1984

Sexual Abuse Of Children: Recent Developments In The Law Of Evidence, D. Kelly Weisberg

Faculty Scholarship

No abstract provided.


Preclusion As To Issues Of Law: The Legal System's Interest, Geoffrey C. Hazard Jr. Jan 1984

Preclusion As To Issues Of Law: The Legal System's Interest, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.


Recent Developments In Tax-Exempt Organizations, Stephen Schwarz, William T. Hutton Jan 1984

Recent Developments In Tax-Exempt Organizations, Stephen Schwarz, William T. Hutton

Faculty Scholarship

No abstract provided.


Children Of The Night: The Adequacy Of Statutory Treatment Of Juvenile Prostitution, D. Kelly Weisberg Jan 1984

Children Of The Night: The Adequacy Of Statutory Treatment Of Juvenile Prostitution, D. Kelly Weisberg

Faculty Scholarship

No abstract provided.


The Depublication Practice Of The California Supreme Court, Joseph R. Grodin Jan 1984

The Depublication Practice Of The California Supreme Court, Joseph R. Grodin

Faculty Scholarship

No abstract provided.


Resolving The Paradox Of The Innocent Construction Rule, David Larson Jan 1984

Resolving The Paradox Of The Innocent Construction Rule, David Larson

Faculty Scholarship

The application of the innocent construction rule in defamation cases has led to illogical and questionable holdings. This article will explain the nature of that rule and illustrate its use by focusing on cases arising in Illinois. It will review the recent case of Chapski v. Copley Press, where the Illinois Supreme Court rejected the innocent construction rule, and raise the possibility that additional reform may be necessary in Illinois. Finally, other jurisdictions relying upon similar rules of interpretation will be identified and discussed.


The Equal Credit Opportunity Act's Spousal Co-Signature Rules: Suretyship Contracts In Separate Property States, Winnie F. Taylor Jan 1984

The Equal Credit Opportunity Act's Spousal Co-Signature Rules: Suretyship Contracts In Separate Property States, Winnie F. Taylor

Faculty Scholarship

No abstract provided.