Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Comparative and Foreign Law (4)
- Constitutional Law (4)
- International Law (4)
- International Trade Law (3)
- Organizations Law (3)
-
- Civil Procedure (2)
- Courts (2)
- Criminal Law (2)
- Labor and Employment Law (2)
- Law and Gender (2)
- Science and Technology Law (2)
- Administrative Law (1)
- American Politics (1)
- Antitrust and Trade Regulation (1)
- Bankruptcy Law (1)
- Business (1)
- Contracts (1)
- Dispute Resolution and Arbitration (1)
- Environmental Law (1)
- Estates and Trusts (1)
- European Law (1)
- Fourth Amendment (1)
- Geriatrics (1)
- Health Law and Policy (1)
- Health and Medical Administration (1)
- Human Rights Law (1)
- Intellectual Property Law (1)
- Legal History (1)
- Medical Jurisprudence (1)
- Keyword
-
- Constitutional Law (4)
- Louis jackson national student writing competition (3)
- Dispute Resolution (2)
- Environmental Law (2)
- International Trade (2)
-
- Labor Law (2)
- Practice and Procedure (2)
- Women (2)
- Arbitration (1)
- Bankruptcy Law (1)
- Caregiving (1)
- Competition Law (1)
- Constitutional principles (1)
- Cost-benefit analysis (1)
- Courts (1)
- Criminal Law and Procedure (1)
- End-of-life (1)
- FMLA (1)
- Family and medical leave act (1)
- General Works (1)
- Health Law and Policy (1)
- Hospice (1)
- Human Rights Law (1)
- Intellectual Property Law (1)
- Law and Society (1)
- Law and Technology (1)
- Legal History (1)
- NLRA (1)
- NLRB (1)
- National labor relations act (1)
Articles 1 - 30 of 39
Full-Text Articles in Law
Thwart A Tyrant By Resolving Land Crisis, Bernadette Atuahene
Thwart A Tyrant By Resolving Land Crisis, Bernadette Atuahene
All Faculty Scholarship
No abstract provided.
Final Status For Kosovo (Symposium Editor), Henry H. Perritt Jr.
Final Status For Kosovo (Symposium Editor), Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Charity Governance: What’S Trust Law Got To Do With It? (Symposium), Evelyn Brody
Charity Governance: What’S Trust Law Got To Do With It? (Symposium), Evelyn Brody
All Faculty Scholarship
No abstract provided.
Introduction To Symposium, Who Guards The Guardians?: Monitoring And Enforcement Of Charity Governance (With D. Reiser), Evelyn Brody
Introduction To Symposium, Who Guards The Guardians?: Monitoring And Enforcement Of Charity Governance (With D. Reiser), Evelyn Brody
All Faculty Scholarship
No abstract provided.
The Charity In Bankruptcy And Ghosts Of Donors Past, Present, And Future (Symposium), Evelyn Brody
The Charity In Bankruptcy And Ghosts Of Donors Past, Present, And Future (Symposium), Evelyn Brody
All Faculty Scholarship
The bankruptcy of a charity represents the clash of two policy regimes: charity law's willingness to preserve assets for the public purpose determined by the donor as against bankruptcy law's desire to maximize assets for distribution to creditors. As a general rule, assets will be distributed to creditors; as the courts say, 'a man must be just before he is generous.' However, when a charitable donee goes out of existence or otherwise becomes unable to perform a charitable trust or restricted gift, the courts will try to identify those charitable assets that are restricted in such a manner that they …
Resolving Claims When Countries Disintegrate: The Challenge Of Kosovo, Henry H. Perritt Jr.
Resolving Claims When Countries Disintegrate: The Challenge Of Kosovo, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
A Brief History Of The Fifth Amendment Guarantee Against Double Jeopardy, David S. Rudstein
A Brief History Of The Fifth Amendment Guarantee Against Double Jeopardy, David S. Rudstein
All Faculty Scholarship
No abstract provided.
Belton Redux: Re-Evaluating Belton's Per Se Rule Governing The Search Of An Automobile Incident To An Arrest, David S. Rudstein
Belton Redux: Re-Evaluating Belton's Per Se Rule Governing The Search Of An Automobile Incident To An Arrest, David S. Rudstein
All Faculty Scholarship
No abstract provided.
The Surprisingly Strong Case For Tailoring Constitutional Principles, Mark D. Rosen
The Surprisingly Strong Case For Tailoring Constitutional Principles, Mark D. Rosen
All Faculty Scholarship
Many constitutional principles apply to more than one level of government. This is true not only of Bill of Rights guarantees that have been incorporated against the States, but of many constitutional principles whose source lies outside of the Bill of Rights. The conventional wisdom is that such multi-level constitutional principles apply identically to all levels of government. The Article's thesis is that this One-Size-Fits-All approach is problematic because the different levels of government - federal, state, and local - sometimes are sufficiently different that a given constitutional principle may apply differently to each level. This Article critically examines an …
Deterrence And Implied Limits On Arbitral Power, Michael A. Scodro
Deterrence And Implied Limits On Arbitral Power, Michael A. Scodro
All Faculty Scholarship
No abstract provided.
Technology For Justice Customers: Bridging The Digital Divide Facing Self-Represented Litigants, Ronald W. Staudt
Technology For Justice Customers: Bridging The Digital Divide Facing Self-Represented Litigants, Ronald W. Staudt
All Faculty Scholarship
No abstract provided.
Irregulars: The Appellate Rights Of Persons Who Are Not Full-Fledged Parties, Joan E. Steinman
Irregulars: The Appellate Rights Of Persons Who Are Not Full-Fledged Parties, Joan E. Steinman
All Faculty Scholarship
No abstract provided.
Science, Judgment, And Controversy In Natural Resource Regulation, (With H. Doremus), A. Dan Tarlock
Science, Judgment, And Controversy In Natural Resource Regulation, (With H. Doremus), A. Dan Tarlock
All Faculty Scholarship
Natural resource regulation is heavily "scientized," by which we mean both that the current regulatory structure requires the use of science in a wide range of decisions, and that decisionmakers generally emphasize the role of science in those decisions. Nonetheless, critics on all sides of the political spectrum claim to believe that regulatory decisions remain too political and insufficiently scientific. Administration of the Endangered Species Act (ESA) in the Klamath Basin illustrates the challenges of scientifically managing nature. A series of science-based decisions are needed, from species listing to consultation on federal actions. Those decisions carry substantial costs for the …
The Law Of Later-Developing Riparian States: The Case Of Afghanistan, (With J. Mcmurray), A. Dan Tarlock
The Law Of Later-Developing Riparian States: The Case Of Afghanistan, (With J. Mcmurray), A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Surveillance And The Self: Privacy, Identity, And Technology, Richard Warner
Surveillance And The Self: Privacy, Identity, And Technology, Richard Warner
All Faculty Scholarship
No abstract provided.
Institutional Context In Constitutional Law: A Critical Examination Of Term Limits, Judicial Campaign Codes, And Anti-Pornography Ordinances, Mark D. Rosen
All Faculty Scholarship
No abstract provided.
Patents: The Need For Bioethics Scrutiny And Legal Change (With J. Paradise), Lori B. Andrews
Patents: The Need For Bioethics Scrutiny And Legal Change (With J. Paradise), Lori B. Andrews
All Faculty Scholarship
A patent holder can choose to license a patented invention to others, can choose to use the patented invention exclusively itself, or can choose to prevent any use of the patented invention by itself or by others. In the gene patent area, the exclusive rights of the patent holder can raise the costs of genetic services, diminish the quality of genetic tests and treatments, and interfere with access to health care.
Studying Medical Error In Situ: Implications For Malpractice Law And Policy, Lori B. Andrews
Studying Medical Error In Situ: Implications For Malpractice Law And Policy, Lori B. Andrews
All Faculty Scholarship
No abstract provided.
A Separate Crime Of Reckless Sex, Katharine K. Baker
A Separate Crime Of Reckless Sex, Katharine K. Baker
All Faculty Scholarship
This article attempts to make progress on both the problems of sexually transmitted disease and acquaintance rape by proposing a new crime of reckless sexual conduct. A defendant would be guilty of reckless sexual conduct if, in a first sexual encounter with another particular person, the defendant had sexual intercourse without using a condom. Consent to unprotected intercourse would be an affirmative defense, to be established by the defendant with a preponderance of the evidence. As an empirical matter, first-encounter unprotected sex greatly increases the epidemiological force of sexually transmitted disease and a substantial proportion of acquaintance rape occurs in …
Gender And Emotion In Criminal Law, Katharine K. Baker
Gender And Emotion In Criminal Law, Katharine K. Baker
All Faculty Scholarship
No abstract provided.
Engendering Legal History, Felice J. Batlan
Engendering Legal History, Felice J. Batlan
All Faculty Scholarship
No abstract provided.
A Dual Catastrophe Of Protectionism, Sungjoon Cho
A Dual Catastrophe Of Protectionism, Sungjoon Cho
All Faculty Scholarship
This Article argues that rampant parochial protectionism in the United States, a striking example of which is the recent skirmish over the Vietnamese seafood trade, yields catastrophic effects in domestic constitutional as well as foreign policy terms. Moreover, these harmful effects extend not only to the United States but also to the rest of the world. The Article consists of four Parts. Part I documents the trade dispute over Vietnamese catfish and shrimp exports to the U.S. market, with special attention to the question of how powerful southern lobbies prevailed over the broader economic interests of consuming industries and consumers. …
A Quest For Wto’S Legitimacy, Sungjoon Cho
A Quest For Wto’S Legitimacy, Sungjoon Cho
All Faculty Scholarship
No abstract provided.
Linkage Of Free Trade And Social Regulation: Moving Beyond The Entropic Dilemma, Sungjoon Cho
Linkage Of Free Trade And Social Regulation: Moving Beyond The Entropic Dilemma, Sungjoon Cho
All Faculty Scholarship
Focusing on the tension between free trade and social regulation, this Article argues that the WTO, in alliance with other international institutions, must develop a synergistic, nonentropic linkage within the constitutional structure of the global trading system. In the analysis set forth within the article, considerable emphasis is placed on the concept of a “trade constitution.” This is because any practical prescriptions for achieving the desired synergy must necessarily flow from an accurate understanding of the capabilities and constraints of legal and political realities inherent to a broad multisphere trading system composed of Member states, the WTO, and other international …
The Continuity Principle, Administrative Constraint, And The Fourth Amendment, Harold J. Krent
The Continuity Principle, Administrative Constraint, And The Fourth Amendment, Harold J. Krent
All Faculty Scholarship
No abstract provided.
The Evolving Role Of The Labor Arbitrator (With J. Vonhof), Martin H. Malin
The Evolving Role Of The Labor Arbitrator (With J. Vonhof), Martin H. Malin
All Faculty Scholarship
No abstract provided.
Teaching Civil Procedure Stories (Reviewing Civil Procedure Stories, Foundation Press 2004), Nancy S. Marder
Teaching Civil Procedure Stories (Reviewing Civil Procedure Stories, Foundation Press 2004), Nancy S. Marder
All Faculty Scholarship
No abstract provided.
The Medical Malpractice Debate: The Jury As Scapegoat (Symposium), Nancy S. Marder
The Medical Malpractice Debate: The Jury As Scapegoat (Symposium), Nancy S. Marder
All Faculty Scholarship
No abstract provided.
The Pledge As Sacred Political Ritual, Sheldon Nahmod
The Pledge As Sacred Political Ritual, Sheldon Nahmod
All Faculty Scholarship
No abstract provided.
Human Rights, Sovereignty And The Final Status Of Kosovo, Bartram Brown
Human Rights, Sovereignty And The Final Status Of Kosovo, Bartram Brown
All Faculty Scholarship
No abstract provided.