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Articles 31 - 60 of 101
Full-Text Articles in Law
Justifying Repatriation Of Native American Cultural Property, Sarah K. Harding
Justifying Repatriation Of Native American Cultural Property, Sarah K. Harding
All Faculty Scholarship
No abstract provided.
Measuring The Social Costs And Benefits And Identifying The Victims Of Subordinating Security Interests In Bankruptcy, (With C. Mooney, Jr.). , Steven L. Harris
Measuring The Social Costs And Benefits And Identifying The Victims Of Subordinating Security Interests In Bankruptcy, (With C. Mooney, Jr.). , Steven L. Harris
All Faculty Scholarship
No abstract provided.
Reviewing Agency Action For Inconsistency With Prior Rules And Regulations, Harold J. Krent
Reviewing Agency Action For Inconsistency With Prior Rules And Regulations, Harold J. Krent
All Faculty Scholarship
No abstract provided.
Should Bouie Be Buoyed? Judicial Retroactive Lawmaking And The Ex Post Facto Clause (Symposium), Harold J. Krent
Should Bouie Be Buoyed? Judicial Retroactive Lawmaking And The Ex Post Facto Clause (Symposium), Harold J. Krent
All Faculty Scholarship
No abstract provided.
Deliberations And Disclosures: A Study Of Post-Verdict Interviews Of Jurors, Nancy S. Marder
Deliberations And Disclosures: A Study Of Post-Verdict Interviews Of Jurors, Nancy S. Marder
All Faculty Scholarship
No abstract provided.
Introduction, Symposium On Section 1983 (Symposium Editor), Sheldon Nahmod
Introduction, Symposium On Section 1983 (Symposium Editor), Sheldon Nahmod
All Faculty Scholarship
No abstract provided.
The Restructuring Of Narrative And Empathy In Section 1983 Cases (Symposium), Sheldon Nahmod
The Restructuring Of Narrative And Empathy In Section 1983 Cases (Symposium), Sheldon Nahmod
All Faculty Scholarship
No abstract provided.
Long Overdue, Kenneth Lasson
Consumer Sovereignty: A Unified Theory Of Antitrust And Consumer Protection Law, Neil W. Averitt, Robert H. Lande
Consumer Sovereignty: A Unified Theory Of Antitrust And Consumer Protection Law, Neil W. Averitt, Robert H. Lande
All Faculty Scholarship
This article is about the relationship between antitrust and consumer protection law. Its purpose is to define each area of law, to delineate the boundary between them, to show how they interact with each other, and to show how they ultimately support one another as the two component parts of an overarching unity: effective consumer choice (also called consumer sovereignty).
Consumer choice only is effective when two fundamental conditions are present. There must be a range of consumer options made possible through competition, and consumers must be able to choose effectively among these options. The antitrust laws are intended to …
Will The Punishment Fit The Victims? The Case For Pre-Trial Disclosure, And The Uncharted Future Of Victim Impact Information In Capital Jury Sentencing, José F. Anderson
Will The Punishment Fit The Victims? The Case For Pre-Trial Disclosure, And The Uncharted Future Of Victim Impact Information In Capital Jury Sentencing, José F. Anderson
All Faculty Scholarship
The United States Supreme Court decision in Payne v. Tennessee, upholding the use of victim impact statements in capital jury sentencing proceedings, marked one of the most dramatic reversals of a precedent in the history of United States constitutional jurisprudence. The decision in Payne expressly overruled Booth v. Maryland decided only four years earlier. The Booth case rejected the use of victim impact statements in capital sentencing cases that involved juries. In Payne, the Supreme Court made it clear that victims were entitled to offer, and juries were permitted to consider, the effect that a "death eligible" homicide had on …
Thurgood Marshall: Legal Strategist For The Civil Rights Movement, F. Michael Higginbotham, José F. Anderson
Thurgood Marshall: Legal Strategist For The Civil Rights Movement, F. Michael Higginbotham, José F. Anderson
All Faculty Scholarship
This brief article covers the career of attorney and U.S. Supreme Court Justice Thurgood Marshall, covering his early days as an attorney working for the NAACP, up to his career on the nation's highest court. Of particular interest are the hardships of his early days as a lawyer, as one of only 32 African American lawyers in Maryland in 1935. The key cases during his career are touched upon, along with the legal strategies used to further the cause of civil rights.
Synergy And Friction – Cra, Bhcs, Sba And Community Development Lending, Cassandra Jones Havard
Synergy And Friction – Cra, Bhcs, Sba And Community Development Lending, Cassandra Jones Havard
All Faculty Scholarship
The era of federal funding retrenchment makes acute the need for community businesses to have access to capital. The Small Business Administration (SBA) provides small businesses with access to low-cost loans funds. The existing SBA regulatory scheme fosters an approach which allows a private mechanism, lenders, to make public policy decisions about the socio-economic character of communities. Implicit in the Community Reinvestment Act (CRA) and its recent reforms are a recognition of the complex interdependence among policy objectives. The reform statute specifically recognizes that geographical disinvestment has an equally deleterious effect on small business lending as it does on residential …
Reconciling The Dormant Conflict: Crafting A Banking Exception To The Fraudulent Conveyance Provision Of The Bankruptcy Code For Bank Holding Company Asset Transfers, Cassandra Jones Havard
Reconciling The Dormant Conflict: Crafting A Banking Exception To The Fraudulent Conveyance Provision Of The Bankruptcy Code For Bank Holding Company Asset Transfers, Cassandra Jones Havard
All Faculty Scholarship
Banking law and bankruptcy law clash. This is most evident when a bank holding company (parent company) becomes insolvent after it has made an asset transfer to its financially troubled bank subsidiary.
The Bankruptcy Code (Code) governs the insolvency proceedings of the bank holding company. Predictably, the parent company's trustee, appointed for the protection of all the creditors of the bankrupt entity, uses the fraudulent conveyance provision of the Code to have any asset transfers that were made to the bank subsidiary returned to the debtor's estate. The good faith exception to that provision will protect the asset transfer only …
Body Science, Lori B. Andrews
Taking Care Of Our Daughters, A Book Review Of Martha Fineman, The Neutered Mother, The Sexual Family And Other Twentieth Century Tragedies, Katharine K. Baker
Taking Care Of Our Daughters, A Book Review Of Martha Fineman, The Neutered Mother, The Sexual Family And Other Twentieth Century Tragedies, Katharine K. Baker
All Faculty Scholarship
No abstract provided.
Once A Rapist? Motivational Evidence And Relevancy In Rape Law, Katharine K. Baker
Once A Rapist? Motivational Evidence And Relevancy In Rape Law, Katharine K. Baker
All Faculty Scholarship
No abstract provided.
The Statutory And Constitutional Mandate For A No Surprises Policy, Fred P. Bosselman
The Statutory And Constitutional Mandate For A No Surprises Policy, Fred P. Bosselman
All Faculty Scholarship
No abstract provided.
The Age Discrimination In Employment Act At Thirty: Where It's Been, Where It Is Today, Where It's Going, Howard C. Eglit
The Age Discrimination In Employment Act At Thirty: Where It's Been, Where It Is Today, Where It's Going, Howard C. Eglit
All Faculty Scholarship
No abstract provided.
Reconceptualizing The Inherent Distinctiveness Of Product Design Trade Dress, Graeme Dinwoodie
Reconceptualizing The Inherent Distinctiveness Of Product Design Trade Dress, Graeme Dinwoodie
All Faculty Scholarship
No abstract provided.
Consumer Choice: The Practical Reason For Both Antitrust And Consumer Protection Law, Neil W. Averitt, Robert H. Lande
Consumer Choice: The Practical Reason For Both Antitrust And Consumer Protection Law, Neil W. Averitt, Robert H. Lande
All Faculty Scholarship
This article is about the relationship between antitrust and consumer protection law. Its purpose is to define each area of law, to delineate the boundary between them, to show how they interact with each other, and to show how they ultimately support one another as the two components of a single overarching unity. That overarching unity is consumer choice. Antitrust and consumer protection law share a common purpose in that both are intended to facilitate the exercise of consumer sovereignty or effective consumer choice. Such consumer choice exists when two fundamental conditions are present: (l) there must be a range …
Creating Competition Policy For Transition Economies: Introduction, Robert H. Lande
Creating Competition Policy For Transition Economies: Introduction, Robert H. Lande
All Faculty Scholarship
This is an introduction to a symposium on Creating Competition for Transition Economies. This article provides an overview of the topic, and also briefly introduces the authors of the articles in the symposium; William Kovacic, Eleanor Fox, Spencer Weber Waller, Malcolm Coate, and Armando Rodriguez.
International Economic Organization, Mortimer N.S. Sellers
International Economic Organization, Mortimer N.S. Sellers
All Faculty Scholarship
No abstract provided.
Retroactivity And Legal Change: An Equilibrium Approach, Jill E. Fisch
Retroactivity And Legal Change: An Equilibrium Approach, Jill E. Fisch
All Faculty Scholarship
In this Article, Professor Fisch assesses currrent retroactivity doctrine and proposes a new framework for retroactivity analysis. Current law has failed to reflect the complexity of defining retroactivity and to harmonize the conflicting concerns of efficiency and fairness that animate retroactivity doctrine. By drawing a sharp distinction between adjudication and legislation, the law has also overlooked the similarity of the issues that retroactivity raises in both contexts. Professor Fisch's analysis, influenced by the legal process school, uses an equilibrium approach to connect retroactivity analysis to theories of legal change. Instead of focusing on the nature of the new legal rule, …
From Black And White To High Definition Equal Protection, Seth F. Kreimer
From Black And White To High Definition Equal Protection, Seth F. Kreimer
All Faculty Scholarship
No abstract provided.
Liberalized Immigration As Free Trade: Economic Welfare And The Optimal Immigration Policy, Howard F. Chang
Liberalized Immigration As Free Trade: Economic Welfare And The Optimal Immigration Policy, Howard F. Chang
All Faculty Scholarship
No abstract provided.
Night Landings On An Aircraft Carrier: Hospital Mergers And Antitrust Law, Thomas L. Greaney
Night Landings On An Aircraft Carrier: Hospital Mergers And Antitrust Law, Thomas L. Greaney
All Faculty Scholarship
Abstract: Analysis of the competitive effects of hospital mergers requires antitrust tribunals to make exceedingly fine-tuned appraisals of complex economic relationships. The law requires fact finding in a number of complex areas, e.g., defining product and geographic markets, predicting the possibility of that firms will engage in coordinated behavior; and assessing efficiencies flowing from the merger. Further complicating the process is the fact that these decisions require judgments regarding what the future may hold in an industry undergoing revolutionary change. Like pilots landing at night aboard an aircraft carrier, courts are aiming for a target that is small, shifting and …
Legislating Virtue: How Segregationists Disguised Racial Discrimination As Moral Reform Following Brown V. Board Of Education, Anders Walker
Legislating Virtue: How Segregationists Disguised Racial Discrimination As Moral Reform Following Brown V. Board Of Education, Anders Walker
All Faculty Scholarship
Shortly after the Supreme Court of the United States invalidated school segregation in Brown v. Board of Education,[1] Mississippi Circuit Judge Tom P. Brady [2] delivered a speech to a chapter of the Sons of the American Revolution on the decision’s consequences. Brady’s speech, later published and popularized throughout the South,[3] declared that the ruling’s ultimate goal was not educational equality, but racial amalgamation:[4]
Let’s get one thing unmistakably clear, the leaders of the three million block-voting negroes of the North and East and of California, together with segments of the Communist-front organizations of our population, have set as their …
International Relations And International Law, Mortimer N.S. Sellers
International Relations And International Law, Mortimer N.S. Sellers
All Faculty Scholarship
No abstract provided.
Republicanism, Liberalism, And The Law, Mortimer N.S. Sellers
Republicanism, Liberalism, And The Law, Mortimer N.S. Sellers
All Faculty Scholarship
No abstract provided.
Why Are U.S. Lawyers Not Learning From Comparative Law?, Ernst C. Stiefel, James Maxeiner
Why Are U.S. Lawyers Not Learning From Comparative Law?, Ernst C. Stiefel, James Maxeiner
All Faculty Scholarship
Address the problem of comparative law in the United States. Explains why comparative law matters. Gives reasons why U.S. lawyers are not learning from comparative law. These include lack of skills, lack of institutional supports, and legal structures that resist comparative law and an attitude that comparative law has little to teach.