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Full-Text Articles in Law

Making The Equal Rights Amendment That Is Needed In The Twenty-First Century, Julie Suk Jan 2022

Making The Equal Rights Amendment That Is Needed In The Twenty-First Century, Julie Suk

Faculty Scholarship

No abstract provided.


Stevens, J., Dissenting: The Legacy Of Heller, Joseph Blocher, Darrell A. H. Miller Jan 2019

Stevens, J., Dissenting: The Legacy Of Heller, Joseph Blocher, Darrell A. H. Miller

Faculty Scholarship

No abstract provided.


The Well-Intentioned Purpose But Weak Epistemological Foundation Of Originalism, George C. Christie Jan 2019

The Well-Intentioned Purpose But Weak Epistemological Foundation Of Originalism, George C. Christie

Faculty Scholarship

The attraction of an originalist approach to constitutional interpretation is understandable. It is maintained that only that method can provide the judicial objectivity and certainty that constitutional adjudication requires. They claim that the traditional common-law evolutionary approach leads Supreme Court Justices to succumb to the temptation to fill in gaps in constitutional law and thereby ignore that major expansions in constitutional meaning and should be made in the way the Founders envisioned, namely by amendment of the Constitution. However difficult or impractical that process may be, it is the only way to avoid the politicization of the Court. Whether that …


Introduction: Perceived Legitimacy And The State Judiciary, G. Alexander Nunn Nov 2017

Introduction: Perceived Legitimacy And The State Judiciary, G. Alexander Nunn

Faculty Scholarship

Professor Nunn provides an introduction for the Symposium: The Least Understood Branch: The Demands and Challenges of the State Judiciary.


Lord Mustill And The Channel Tunnel Case, William W. Park Jun 2015

Lord Mustill And The Channel Tunnel Case, William W. Park

Faculty Scholarship

Over two decades ago, in the now legendary Channel Tunnel Case, the British House of Lords (as it then was) was asked to provide judicial support for the efficient completion of a monumental construction project. The decision in that matter, penned by the late Lord Mustill, illustrates the delicate interplay between the dynamics of otherwise applicable law and the bespoke arbitration framework chosen by sophisticated parties to govern their dispute.


Correcting A False Step: Rethinking Overhead For The "Actual Expenses" Affirmative Defense To The Texas Construction Trust Fund Act, Wayne R. Barnes Jan 2015

Correcting A False Step: Rethinking Overhead For The "Actual Expenses" Affirmative Defense To The Texas Construction Trust Fund Act, Wayne R. Barnes

Faculty Scholarship

In a typical construction project, an owner contracts with a general contractor to construct improvements or make repairs to real property. The owner agrees to pay a total contract price for the work. Often, the general contractor then contracts with subcontractors, laborers, materialmen, and other suppliers to do aspects of the job. These are part of the contractor’s costs to do the work for owner, and the expectation is that the contractor will pay his subcontractors and laborers from the money received from the owner. All too frequently, unfortunately, contractors receive the payment from the owner and then do not …


On Capturing The Possible Significance Of Institutional Design And Ethos, Peter L. Strauss Jan 2009

On Capturing The Possible Significance Of Institutional Design And Ethos, Peter L. Strauss

Faculty Scholarship

At a recent conference, a new judge from one of the federal courts of appeal – for the United States, the front line in judicial control of administrative action-made a plea to the lawyers in attendance. Please, he urged, in briefing and arguing cases reviewing agency actions, help us judges to understand their broader contexts. So often, he complained, the briefs and arguments are limited to the particular small issues of the case. We get little sense of the broad context in which it arises – the agency responsibilities in their largest sense, the institutional issues that may be at …


Economic Organization In The Construction Industry: A Case Study Of Collaborative Production Under High Uncertainty, William A. Klein, Mitu Gulati Jan 2004

Economic Organization In The Construction Industry: A Case Study Of Collaborative Production Under High Uncertainty, William A. Klein, Mitu Gulati

Faculty Scholarship

No abstract provided.


The Recoverability Of The Cost Of Borrowing In Construction Contracts, Heidi K. Brown, Steven J. Weber, Michele Mintz Oct 1997

The Recoverability Of The Cost Of Borrowing In Construction Contracts, Heidi K. Brown, Steven J. Weber, Michele Mintz

Faculty Scholarship

No abstract provided.


Recoverability Of The Cost Of Borrowing In Construction Contracts, Heidi K. Brown Oct 1997

Recoverability Of The Cost Of Borrowing In Construction Contracts, Heidi K. Brown

Faculty Scholarship

No abstract provided.


How Long Is Too Long? When Pretrial Detention Violates Due Process, Floralynn Einesman Jan 1992

How Long Is Too Long? When Pretrial Detention Violates Due Process, Floralynn Einesman

Faculty Scholarship

No abstract provided.


The Modern Misunderstanding Of Original Intent, H. Jefferson Powell Jan 1987

The Modern Misunderstanding Of Original Intent, H. Jefferson Powell

Faculty Scholarship

No abstract provided.