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Articles 1 - 27 of 27
Full-Text Articles in Law
The Fate Of Constitutional Ipse Dixits, William W. Van Alstyne
The Fate Of Constitutional Ipse Dixits, William W. Van Alstyne
Faculty Publications
No abstract provided.
Refining The Lawmaking Function Of The Supreme Court, Frederick Schauer
Refining The Lawmaking Function Of The Supreme Court, Frederick Schauer
Faculty Publications
No abstract provided.
Unexpired Leases In Bankruptcy: Rights Of The Affected Mortgagee, Peter A. Alces
Unexpired Leases In Bankruptcy: Rights Of The Affected Mortgagee, Peter A. Alces
Faculty Publications
No abstract provided.
The Reporter's Privilege: An Analysis Of The Common Law, Branzberg V. Hayes , And Recent Statutory Developments, Paul Marcus
The Reporter's Privilege: An Analysis Of The Common Law, Branzberg V. Hayes , And Recent Statutory Developments, Paul Marcus
Faculty Publications
No abstract provided.
State Regulation Of Christian Schools, Neal Devins
State Regulation Of Christian Schools, Neal Devins
Faculty Publications
No abstract provided.
The Subchapter S Revision Act: An Analysis And Appraisal, Glenn E. Coven
The Subchapter S Revision Act: An Analysis And Appraisal, Glenn E. Coven
Faculty Publications
No abstract provided.
Interpreting This Constitution: The Unhelpful Contributions Of Special Theories Of Judicial Review, William W. Van Alstyne
Interpreting This Constitution: The Unhelpful Contributions Of Special Theories Of Judicial Review, William W. Van Alstyne
Faculty Publications
This paper examines several different theories surrounding judicial review and finds many of these theories lacking. Modern trends of literal interpretations and precise language have removed the optimistic nature of Constitutional language and is largely responsible for the hesitancy of other nations to adopt a supreme constitution.
The Relevance Of Fresh Investment To The Characterization Of Corporate Distributions And Adjustments, Glenn E. Coven
The Relevance Of Fresh Investment To The Characterization Of Corporate Distributions And Adjustments, Glenn E. Coven
Faculty Publications
No abstract provided.
White Collar Crime: A Legal Overview, Paul Marcus
White Collar Crime: A Legal Overview, Paul Marcus
Faculty Publications
No abstract provided.
The Merchant Of Section 2-314: Who Needs Him?, Ingrid Michelsen Hillinger
The Merchant Of Section 2-314: Who Needs Him?, Ingrid Michelsen Hillinger
Faculty Publications
No abstract provided.
Retroactivity: A Study In Supreme Court Doctrine As Applied, John Bernard Corr
Retroactivity: A Study In Supreme Court Doctrine As Applied, John Bernard Corr
Faculty Publications
The judicial creation of a new rule of law raises the essential question whether that rule is to be applied retroactively orprospectively only. The consistency of the traditionalm andatoryr etroactivityr ule has given way to a more flexible retroactivity ana sis. The change occurred in 1965 when the Supreme Court in Linkletter v. Walker squarelfaced a rule that, if applied retroactively, would have affected thousands of criminal convictions. The Linkletter doctrine has since defined the contours of federal retroactivity ana sis to include three basic considerations: purpose of the rule in question, reliance by theparties on the rule, and effect …
Preface, Kathryn R. Urbonya
Transborder Data Flow: An Overview And Critique Of Recent Concerns, I. Trotter Hardy
Transborder Data Flow: An Overview And Critique Of Recent Concerns, I. Trotter Hardy
Faculty Publications
No abstract provided.
The Availability Of A First Appearance And Preliminary Hearing - Now You See Them, Now You Don't, Linda A. Malone
The Availability Of A First Appearance And Preliminary Hearing - Now You See Them, Now You Don't, Linda A. Malone
Faculty Publications
No abstract provided.
Interest Analysis And Choice Of Law: The Dubious Dominance Of Domicile, John Bernard Corr
Interest Analysis And Choice Of Law: The Dubious Dominance Of Domicile, John Bernard Corr
Faculty Publications
No abstract provided.
Ftc Rulemaking Through Negotiation, Charles H. Koch Jr., Beth Martin
Ftc Rulemaking Through Negotiation, Charles H. Koch Jr., Beth Martin
Faculty Publications
The Federal Trade Commission, along with other administrative agencies, has been especially affected by the current emphasis on deregulation. Some proponents of the free market system view the Commission as an unnecessary and costly impediment to market functioning. In this article, Professor Koch and Ms. Martin review past FTC regulatory efforts in light of the FTC's mandate: to maintain an efficient, competitive free market Although the FTC has deviated from its market maintenance goal, this deviation should not serve as a basis for constricting Commission rulemaking activity. Rather, the authors demonstrate that past Commission practices illustrate the need for an …
How Are You Going To Keep Them Down On The (Collective) Farm After They've Seen Chicago - A Minor's Right To Political Asylum Against His Parents' Wishes, Michael G. Hillinger
How Are You Going To Keep Them Down On The (Collective) Farm After They've Seen Chicago - A Minor's Right To Political Asylum Against His Parents' Wishes, Michael G. Hillinger
Faculty Publications
No abstract provided.
Tax Policy Analysis Of Bob Jones University V. U.S, Charles O. Galvin, Neal Devins
Tax Policy Analysis Of Bob Jones University V. U.S, Charles O. Galvin, Neal Devins
Faculty Publications
No abstract provided.
Tax Exemptions For Racially Discriminatory Private Schools: A Legislative Proposal, Neal Devins
Tax Exemptions For Racially Discriminatory Private Schools: A Legislative Proposal, Neal Devins
Faculty Publications
In Revenue Ruling 71-447, the Internal Revenue Service expressly denied tax exemptions to racially discriminatory private schools. The Reagan administration recently challenged the existence of a defined policy prohibiting tax exemptions to these schools as well as the propriety of the IRS's involvement in regulating social policy. President Reagan has called upon Congress to settle the issue by enacting affirmative legislation. Congress, however, has maintained that long-established federal policy supports Revenue Ruling 71-447 and has refused to enact affirmative legislation. In this Article, Mr. Devins examines the conflict between the executive, judicial, and legislative branches of government and argues that …
Book Review Of Genetics, Ethics, And The Law, Larry I. Palmer
Book Review Of Genetics, Ethics, And The Law, Larry I. Palmer
Faculty Publications
No abstract provided.
The Procurement And Presentation Of Evidence In Courts-Martial: Compulsory Process And Confrontation, Fredric I. Lederer, Francis A. Gilligan
The Procurement And Presentation Of Evidence In Courts-Martial: Compulsory Process And Confrontation, Fredric I. Lederer, Francis A. Gilligan
Faculty Publications
Although pretrial litigation often seems to render trial on the merits something of an anti-climax, adversarial adjudication is of course the focus of the criminal justice system, military or civilian. Once trial on the merits has begun, trial and defense counsel naturally utilize the rules of evidence in the fashion most likely to make the most of the evidence available to them. Yet, as all lawyers are aware, the period since the enactment of the Uniform Code of Military Justice has brought sweeping changes not only in military criminal law, but also in the "constitutionalization" of the law of evidence. …
Must Speech Be Special?, Frederick Schauer
Edward Keyes' Undeclared War: Twilight Zone Of Constitutional Power, W. Taylor Reveley Iii
Edward Keyes' Undeclared War: Twilight Zone Of Constitutional Power, W. Taylor Reveley Iii
Faculty Publications
No abstract provided.
The Efficacy Of Guaranty Contracts In Sophisticated Commercial Transactions, Peter A. Alces
The Efficacy Of Guaranty Contracts In Sophisticated Commercial Transactions, Peter A. Alces
Faculty Publications
Even though contracts of guaranty are not subject to uniform standards of interpretation throughout the states, both case law and statutory development have tended to evidence a strong sympathy for the guarantor. In spite of this trend, Professor Alces suggests that creditors' counsel can, through careful drafting, do much to assure the enforceability of the guaranty contract. A scrupulously structured guaranty contract, one that anticipates possible defenses to liability in explicit terms, may well be upheld, even in cases in which guarantors occupied weak negotiating positions vis-a-vis creditors. Moreover, the attack on the guaranty as a fraudulent conveyance under section …
The Future Of Defamation In Illinois After Colson V. Steig And Chapski V. Copley Press, Inc., Linda A. Malone, Rodney A. Smolla
The Future Of Defamation In Illinois After Colson V. Steig And Chapski V. Copley Press, Inc., Linda A. Malone, Rodney A. Smolla
Faculty Publications
No abstract provided.
The Freedom Of Civilians Of Enemy Nationality To Depart From Territory Controlled By A Hostile Belligerent, Walter L. Williams Jr.
The Freedom Of Civilians Of Enemy Nationality To Depart From Territory Controlled By A Hostile Belligerent, Walter L. Williams Jr.
Faculty Publications
No abstract provided.
Integration And Local Politics, Neal Devins
Integration And Local Politics, Neal Devins
Faculty Publications
No abstract provided.