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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.
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
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
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
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
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
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
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
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
From The Editor: Delivering Documents, Richard A. Danner
Faculty Scholarship
No abstract provided.
Afterword, Robinson O. Everett
Possible Use Of American Military Tribunals To Punish Offenses Against The Law Of Nations, Robinson O. Everett
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
Improving The Summary Jury Trial, Thomas B. Metzloff
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
History, Tradition, The Supreme Court, And The First Amendment, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
The Fire This Time, Erwin Chemerinsky
Neutrality, The Race Question, And The 1991 Civil Rights Act: The “Impossibility” Of Permanent Reform, Jerome Mccristal Culp Jr.
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
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
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
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
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
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
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
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
“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
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
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
Marriage And The Income Tax, Lawrence A. Zelenak
Faculty Scholarship
No abstract provided.
Taxing Gains At Death, Lawrence A. Zelenak
Procedural Issues Raised By Guidelines Sentencing: The Constitutional Significance Of The “Elements Of The Sentence”, Sara Sun Beale
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
Constitutional Investigations, H. Jefferson Powell
Faculty Scholarship
No abstract provided.