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Articles 1 - 30 of 52

Full-Text Articles in Law

Defining Finality And Appealability By Court Rule: A Comment On Martineau’S Right Problem, Wrong Solution, Thomas D. Rowe Jr. Apr 1993

Defining Finality And Appealability By Court Rule: A Comment On Martineau’S Right Problem, Wrong Solution, Thomas D. Rowe Jr.

Faculty Scholarship

No abstract provided.


Civil Forfeiture: A Higher Form Of Commercial Law?, Steven L. Schwarcz, Alan E. Rothman Jan 1993

Civil Forfeiture: A Higher Form Of Commercial Law?, Steven L. Schwarcz, Alan E. Rothman

Faculty Scholarship

In this Article, Messrs. Schwarcz and Rothman analyze the disquieting impact of civil forfeiture law on creditors' rights. The Article begins by describing the historical origins of civil forfeiture and its development into current day law. The Article then explores the tension between forfeiture law and commercial and bankruptcy law by examining the effect of a forfeiture action on unsecured and undersecured creditors. The Article evaluates a recent model for balancing governmental and commercial law interests, and concludes by suggesting reforms to the present civil forfeiture scheme.


What Do You Think About The Twenty-Seventh Amendment?, William W. Van Alstyne Jan 1993

What Do You Think About The Twenty-Seventh Amendment?, William W. Van Alstyne

Faculty Scholarship

"What do you think about the twenty-seventh amendment," I asked my aching head just last week.


The Ali, Insitutionalization And Disclosure: The Quest For The Outside Director’S Spine, James D. Cox Jan 1993

The Ali, Insitutionalization And Disclosure: The Quest For The Outside Director’S Spine, James D. Cox

Faculty Scholarship

No abstract provided.


Regulatory Competition In Securities Markets: An Approach For Reconciling Japanese And United States Disclosure Philosophies, James D. Cox Jan 1993

Regulatory Competition In Securities Markets: An Approach For Reconciling Japanese And United States Disclosure Philosophies, James D. Cox

Faculty Scholarship

No abstract provided.


The Michael Jackson Pill: Equality, Race, And Culture, Jerome M. Culp Jan 1993

The Michael Jackson Pill: Equality, Race, And Culture, Jerome M. Culp

Faculty Scholarship

I was leaving Langdell Hall, after having feasted too fervently at my fifteenth law school reunion, when I noticed what looked like a very ancient document pushed down in the trash can that litters the small entrance to the main reading room of Langdell. The ancient scroll seemed out of place so carelessly thrown away outside the world's largest law school library. I picked it up and was surprised to discover that there, very near Derrick Bell's former office, I had found another of the scrolls that Professor Bell's friend Geneva had revealed to him before she joined the celestial …


Reply: “Real” Men And History, Jerome M. Culp Jan 1993

Reply: “Real” Men And History, Jerome M. Culp

Faculty Scholarship

No abstract provided.


Water Buffalo And Diversity: Naming Names And Reclaiming The Racial Discourse, Jerome M. Culp Jan 1993

Water Buffalo And Diversity: Naming Names And Reclaiming The Racial Discourse, Jerome M. Culp

Faculty Scholarship

No abstract provided.


From The Editor: Delivering Documents, Richard A. Danner Jan 1993

From The Editor: Delivering Documents, Richard A. Danner

Faculty Scholarship

No abstract provided.


Afterword, Robinson O. Everett Jan 1993

Afterword, Robinson O. Everett

Faculty Scholarship

No abstract provided.


Possible Use Of American Military Tribunals To Punish Offenses Against The Law Of Nations, Robinson O. Everett Jan 1993

Possible Use Of American Military Tribunals To Punish Offenses Against The Law Of Nations, Robinson O. Everett

Faculty Scholarship

No abstract provided.


Remembering Jefferson, Paul D. Carrington Jan 1993

Remembering Jefferson, Paul D. Carrington

Faculty Scholarship

No abstract provided.


Improving The Summary Jury Trial, Thomas B. Metzloff Jan 1993

Improving The Summary Jury Trial, Thomas B. Metzloff

Faculty Scholarship

Although the summary jury trial has been used for more than a decade, it remains controversial. To improve its value as a "niche" ADR device, litigants should take advantage of its flexibility, focusing especially on its potential as a binding process.


History, Tradition, The Supreme Court, And The First Amendment, Erwin Chemerinsky Jan 1993

History, Tradition, The Supreme Court, And The First Amendment, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


The Fire This Time, Erwin Chemerinsky Jan 1993

The Fire This Time, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Neutrality, The Race Question, And The 1991 Civil Rights Act: The “Impossibility” Of Permanent Reform, Jerome Mccristal Culp Jr. Jan 1993

Neutrality, The Race Question, And The 1991 Civil Rights Act: The “Impossibility” Of Permanent Reform, Jerome Mccristal Culp Jr.

Faculty Scholarship

No abstract provided.


Consensus, Coherence And The European Convention On Human Rights, Laurence R. Helfer Jan 1993

Consensus, Coherence And The European Convention On Human Rights, Laurence R. Helfer

Faculty Scholarship

No abstract provided.


The Oldest Question Of Constitutional Law, H. Jefferson Powell Jan 1993

The Oldest Question Of Constitutional Law, H. Jefferson Powell

Faculty Scholarship

No abstract provided.


Past And Current Trends In The Evolution Of Design Protection Law- A Comment, Jerome H. Reichman Jan 1993

Past And Current Trends In The Evolution Of Design Protection Law- A Comment, Jerome H. Reichman

Faculty Scholarship

No abstract provided.


The Trips Component Of The Gatt’S Uruguay Round: Competitive Prospects For Intellectual Property Owners In An Integrated World Market, Jerome H. Reichman Jan 1993

The Trips Component Of The Gatt’S Uruguay Round: Competitive Prospects For Intellectual Property Owners In An Integrated World Market, Jerome H. Reichman

Faculty Scholarship

No abstract provided.


Municipal Tort Liability: Special Duty Issues Of Police, Fire, And Safety, Horace B. Robertson Jan 1993

Municipal Tort Liability: Special Duty Issues Of Police, Fire, And Safety, Horace B. Robertson

Faculty Scholarship

According to the program bulletin, my topic is "Special Duty Issues" of tort liability under the overall conference heading of "Municipal Liability."


Cool Analysis Versus Moral Outrage In The Development Of Federal Environmental Criminal Law, Christopher H. Schroeder Jan 1993

Cool Analysis Versus Moral Outrage In The Development Of Federal Environmental Criminal Law, Christopher H. Schroeder

Faculty Scholarship

No abstract provided.


The Parts Are Greater Than The Whole: How Securitization Of Divisible Interests Can Revolutionize Structured Finance And Open The Capital Markets To Middle-Market Companies, Steven L. Schwarcz Jan 1993

The Parts Are Greater Than The Whole: How Securitization Of Divisible Interests Can Revolutionize Structured Finance And Open The Capital Markets To Middle-Market Companies, Steven L. Schwarcz

Faculty Scholarship

No abstract provided.


“Thirty Pieces Of Silver” For The Rights Of Your People: Irresistible Offers Reconsidered As A Matter Of State Constitutional Law, William W. Van Alstyne Jan 1993

“Thirty Pieces Of Silver” For The Rights Of Your People: Irresistible Offers Reconsidered As A Matter Of State Constitutional Law, William W. Van Alstyne

Faculty Scholarship

In recent decades there has arisen a renewed interest in state constitutional law provisions that parallel the provisions in the Bill of Rights and the Fourteenth Amendment.


The University In The Manner Of Tiananmen Square, William W. Van Alstyne Jan 1993

The University In The Manner Of Tiananmen Square, William W. Van Alstyne

Faculty Scholarship

The university academic council assembled in the room where it customarily met.


Children And The Income Tax, Lawrence A. Zelenak Jan 1993

Children And The Income Tax, Lawrence A. Zelenak

Faculty Scholarship

All children are not equal under the federal income tax. The enormous variation in the tax consequences attributable to children suggest a need to evaluate how the income tax adjusts for for family relationships. This article is a comprehensive review of the various ways the Code might adjust tax liabilities to reflect differences in family responsibilities. It begins with a description of current tax benefits to families, some examples of how those benefits work in different situations and a review of proposals for reform.


Marriage And The Income Tax, Lawrence A. Zelenak Jan 1993

Marriage And The Income Tax, Lawrence A. Zelenak

Faculty Scholarship

No abstract provided.


Taxing Gains At Death, Lawrence A. Zelenak Jan 1993

Taxing Gains At Death, Lawrence A. Zelenak

Faculty Scholarship

No abstract provided.


Procedural Issues Raised By Guidelines Sentencing: The Constitutional Significance Of The “Elements Of The Sentence”, Sara Sun Beale Jan 1993

Procedural Issues Raised By Guidelines Sentencing: The Constitutional Significance Of The “Elements Of The Sentence”, Sara Sun Beale

Faculty Scholarship

No abstract provided.


Constitutional Investigations, H. Jefferson Powell Jan 1993

Constitutional Investigations, H. Jefferson Powell

Faculty Scholarship

No abstract provided.