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Articles 1 - 30 of 39
Full-Text Articles in Law
By Nature Equal: The Anatomy Of A Western Insight, Patrick Brennan, John Coons
By Nature Equal: The Anatomy Of A Western Insight, Patrick Brennan, John Coons
John Coons
The basic premise of this book, by two law professors, is that humans, in spite of their differences, share one essential characteristic: "the capacity of every rational person to advance in moral self-perfection." How this is achieved, the authors argue, is more dependent on the intention to do good for one's fellow human beings than on the actual results of any efforts to do so. By this analysis, a person can become good without necessarily doing good; it is the good intention that is ultimately determinative. To flesh this out, the authors make a grand tour of Western philosophy, theology, …
Regulatory Improvement Legislation: Judicial Review Of Provisions Regarding Risk Assessment And Cost-Benefit Analysis, Mary Ann Chirba, Frederick Anderson, E. Donald Elliott, Cynthia Farina, Ernest Gelhorn, John Graham, C. Boyden Gray, Jeffrey Holmstead, Ronald Levin, Lars Noah, Katherine Rhyne, Jonathan Weiner
Regulatory Improvement Legislation: Judicial Review Of Provisions Regarding Risk Assessment And Cost-Benefit Analysis, Mary Ann Chirba, Frederick Anderson, E. Donald Elliott, Cynthia Farina, Ernest Gelhorn, John Graham, C. Boyden Gray, Jeffrey Holmstead, Ronald Levin, Lars Noah, Katherine Rhyne, Jonathan Weiner
Cynthia R. Farina
No abstract provided.
Risky Business: Acting As A Lender And Otc Derivative Dealer With The Same Customer, Christian Johnson
Risky Business: Acting As A Lender And Otc Derivative Dealer With The Same Customer, Christian Johnson
Christian A. Johnson
Fabricating Authenticity: Law Students As Country Music Stars, David Caudill
Fabricating Authenticity: Law Students As Country Music Stars, David Caudill
David S Caudill
No abstract provided.
Cases And Materials On The Regulation Of International Business And Economic Relations, 2nd Ed., John Murphy, Alan Swan
Cases And Materials On The Regulation Of International Business And Economic Relations, 2nd Ed., John Murphy, Alan Swan
John F. Murphy
No abstract provided.
The Trial Of Charles I: A Sesquitricentennial Reflection, Louis Sirico
The Trial Of Charles I: A Sesquitricentennial Reflection, Louis Sirico
Louis J. Sirico Jr.
n 1649, Charles I, England's second Stuart king, became the only English ruler to be tried and beheaded. His ordeal illustrates what happens when revolutionaries attempt to use the traditional legal process to overthrow the political order. Charles's opponents--Oliver Cromwell's army and its Puritan allies--believed they could not execute a hereditary monarch unless they attempted to follow acceptable legal proceedings. Therefore, they created a kangaroo court that tried Charles by mimicking a formal trial. Their elaborate impersonation of the rule of law resolutely failed. According to Charles, the court's creators wrongfully claimed the power to alter the kingdom's constitutional structure …
Instant Replay, Weak Teams, And Bad Calls: An Empirical Study Of Alleged Tax Court Judge Bias, James Edward Maule
Instant Replay, Weak Teams, And Bad Calls: An Empirical Study Of Alleged Tax Court Judge Bias, James Edward Maule
James Edward Maule
This article summarizes and analyzes empirical data collected in an effort to determine if there is underlying justification for allegations that the United States Tax Court is biased against taxpayers. After reviewing the history of the debate as it appears in legal literature, the article describes the Tax Court and its procedures. The article develops a new methodology for dealing with the issue, by abandoning the traditional case-by-case analysis and instead analyzing each issue decided by the Court. Four hundred thirty cases, providing the opportunity for 1,327 issue decisions, were explored to determine the extent to which bias opportunity exists. …
Redesignating Tribal Trust Land Under Section 164(C) Of The Clean Air Act, Ann Juliano
Redesignating Tribal Trust Land Under Section 164(C) Of The Clean Air Act, Ann Juliano
Ann C Juliano
No abstract provided.
Before The Flood: The History Of Baseball’S Antitrust Exemption, Roger Abrams
Before The Flood: The History Of Baseball’S Antitrust Exemption, Roger Abrams
Roger I. Abrams
This article addresses the historical anomaly of baseball’s exemption from the federal antitrust laws. Starting with Justice Holmes’ opinion in the 1922 Federal Baseball case, the article criticizes the Supreme Court’s rigid adherence to stare decisis despite considerable changes in the legal and economic context. Ultimately, in the Curt Flood case the Court acknowledges the error of its previous ways, but stubbornly refuses to correct the law, leaving to Congress the ultimate power to revise a half century of judicial errors.
By Nature Equal: The Anatomy Of A Western Insight, Patrick Brennan, John Coons
By Nature Equal: The Anatomy Of A Western Insight, Patrick Brennan, John Coons
Patrick McKinley Brennan
The basic premise of this book, by two law professors, is that humans, in spite of their differences, share one essential characteristic: "the capacity of every rational person to advance in moral self-perfection." How this is achieved, the authors argue, is more dependent on the intention to do good for one's fellow human beings than on the actual results of any efforts to do so. By this analysis, a person can become good without necessarily doing good; it is the good intention that is ultimately determinative. To flesh this out, the authors make a grand tour of Western philosophy, theology, …
The Urge To Regulate The Internet Strikes Again, Tom Bell
The Urge To Regulate The Internet Strikes Again, Tom Bell
Tom W. Bell
No abstract provided.
Intellectual Property Rights, Input Markets, And The Value Of Intangible Assets, Robert Merges
Intellectual Property Rights, Input Markets, And The Value Of Intangible Assets, Robert Merges
Robert P Merges
No abstract provided.
Environmental Impact Assessment In The European Community: Shaping International Norms, William Tabb
Environmental Impact Assessment In The European Community: Shaping International Norms, William Tabb
William M. Tabb
No abstract provided.
Tax Simplification From A Comparative Point Of View, Hugh Ault
Tax Simplification From A Comparative Point Of View, Hugh Ault
Hugh J. Ault
No abstract provided.
The Emerging Third Strand In Equal Protection Jurisprudence: Recognizing The Co-Constitutive Nature Of Rights And Classes, Julie Nice
Julie A. Nice
This article posits the emergence of a third strand in Equal Protection jurisprudence, one that expands conventional two-strand Equal Protection analysis, which applies heightened scrutiny if a right is fundamental or a class is suspect by treating the interaction between rights and classes as mutually constitutive. This development Professor Nice closely examines a prominent trilogy of “outlier” Supreme Court decisions, Romer v. Evans, Plyler v. Doe, and M.L.B. v. S.L.J., and argues these decisions effectively endorsed a co-constitutive understanding to justify the invalidation of governmental discrimination. In each decision, the Court departed from its conventional focus on a fundamental right …
Geophysical "Trespass" Revisited, Owen Anderson
Geophysical "Trespass" Revisited, Owen Anderson
Owen L. Anderson
No abstract provided.
Tardive Dyskinesia: Tremors In Law And Medicine, Thomas Reed
Tardive Dyskinesia: Tremors In Law And Medicine, Thomas Reed
Thomas J Reed
No abstract provided.
Ignoring The Sexualization Of Race: Heteronormativity, Critical Race Theory And Anti-Racist Politics, Darren Hutchinson
Ignoring The Sexualization Of Race: Heteronormativity, Critical Race Theory And Anti-Racist Politics, Darren Hutchinson
Darren L Hutchinson
No abstract provided.
The Anglo-American Legal Heritage: Introductory Materials, Daniel Coquillette
The Anglo-American Legal Heritage: Introductory Materials, Daniel Coquillette
Daniel R. Coquillette
A slightly modified version of Chapter 2 appears as "The Lessons of Anglo-Saxon 'Justice.'" The Green Bag. 2d ser. 2, no.3 (Spring 1999): 251-259.
Regulatory Improvement Legislation: Judicial Review Of Provisions Regarding Risk Assessment And Cost-Benefit Analysis, Mary Ann Chirba, Frederick Anderson, E. Donald Elliott, Cynthia Farina, Ernest Gelhorn, John Graham, C. Boyden Gray, Jeffrey Holmstead, Ronald Levin, Lars Noah, Katherine Rhyne, Jonathan Weiner
Regulatory Improvement Legislation: Judicial Review Of Provisions Regarding Risk Assessment And Cost-Benefit Analysis, Mary Ann Chirba, Frederick Anderson, E. Donald Elliott, Cynthia Farina, Ernest Gelhorn, John Graham, C. Boyden Gray, Jeffrey Holmstead, Ronald Levin, Lars Noah, Katherine Rhyne, Jonathan Weiner
Mary Ann Chirba
No abstract provided.
Commercial Transactions: Secured Financing: Cases, Materials, Problems, Ingrid Hillinger, Raymond Nimmer, Michael Hillinger
Commercial Transactions: Secured Financing: Cases, Materials, Problems, Ingrid Hillinger, Raymond Nimmer, Michael Hillinger
Ingrid Michelsen Hillinger
Accompanied by Commercial Transactions: Secured Financing: Cases, Materials, Problems, 2nd ed. Teacher's Manual, by Nimmer, Hillinger and Hillinger. New York: Lexis Publishing, 2000
Recent Publication, 24 Yale Journal Of International Law 342 (Reviewing Peter H. Schuck, Citizens, Strangers, And In-Betweens: Essays On Immigration And Citizenship (1998)), Anil Kalhan
Anil Kalhan
No abstract provided.
Fostering Harmony Among The Justices: How Contemporary Debates In Theology Can Help To Reconcile The Divisions On The Court Regarding Religious Expression By The State, Kathleen Brady
Kathleen A Brady
No abstract provided.
Civil, Constitutional And Criminal Justice Responses To Female Partner Abuse: Proposals For Reform, Mark Drumbl
Civil, Constitutional And Criminal Justice Responses To Female Partner Abuse: Proposals For Reform, Mark Drumbl
Mark A. Drumbl
No abstract provided.
Internet Gambling: Popular, Inexorable, And (Eventually) Legal, Tom Bell
Internet Gambling: Popular, Inexorable, And (Eventually) Legal, Tom Bell
Tom W. Bell
No abstract provided.
Raising The Caroline, Timothy Kearley
Raising The Caroline, Timothy Kearley
Timothy G. Kearley
This article examines the Caroline case, which articulates when one state can lawfully use force in the territory of another state in peacetime against another state that has been unable or unwilling to prevent its territory from being used to harm the state taking action. It analyzes how the doctrine arising from this case has been misconstrued by some to apply to all uses of force in self defense.
Writing, Reflecting And Professionalism, Michael Meltsner
Writing, Reflecting And Professionalism, Michael Meltsner
Michael Meltsner
In this article, I present an approach to stimulating reflective writing that may interest law teachers looking to raise issues of professional values and clinicians seeking an alternative to the use of open-ended journal writing. The students whose experience will be described were enrolled in an experimental course on the legal profession, but the method employed may work equally well in a variety of clinical settings, whether externship or in-house clinics, or for that matter in other law school courses.
The Craft Of Teaching, Robert Bennett
The Craft Of Teaching, Robert Bennett
Robert B. Bennett
Note: full-text not available due to publisher restrictions. Link takes you to an external site where you can purchase the article or borrow it from a local library.
Gay Rights For Gay Whites: Race, Sexual Identity, And Equal Protection Discourse, Darren Hutchinson
Gay Rights For Gay Whites: Race, Sexual Identity, And Equal Protection Discourse, Darren Hutchinson
Darren L Hutchinson
No abstract provided.