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Articles 1 - 30 of 33
Full-Text Articles in Law
Concern For Policy Outputs As A Cue For Supreme Court Decisions On Certiorari, Donald R. Songer
Concern For Policy Outputs As A Cue For Supreme Court Decisions On Certiorari, Donald R. Songer
Faculty Publications
No abstract provided.
Fourth Amendment Standing And Expectations Of Privacy: Rakas V. Illinois And New Directions For Some Old Concepts, Richard A. Williamson
Fourth Amendment Standing And Expectations Of Privacy: Rakas V. Illinois And New Directions For Some Old Concepts, Richard A. Williamson
Faculty Publications
No abstract provided.
The Burger Court, 1969-1979: Continuity And Contras, William F. Swindler
The Burger Court, 1969-1979: Continuity And Contras, William F. Swindler
Faculty Publications
No abstract provided.
Book Review Of Administrative Law Treatise, Charles H. Koch Jr.
Book Review Of Administrative Law Treatise, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
Response: Pornography And The First Amendment, Frederick Schauer
Response: Pornography And The First Amendment, Frederick Schauer
Faculty Publications
No abstract provided.
Two Perspectives On Structuring Discretion: Justices Stewart And White On The Death Penalty, Larry I. Palmer
Two Perspectives On Structuring Discretion: Justices Stewart And White On The Death Penalty, Larry I. Palmer
Faculty Publications
No abstract provided.
Role Of Misuse In Products Liability Litigation, David A. Fischer
Role Of Misuse In Products Liability Litigation, David A. Fischer
Faculty Publications
Misuse is puzzling. Sometimes it cuts off liability and sometimes it does not, but courts have failed to clarify exactly what sort of conduct qualifies as the type of misuse that bars recovery. Generally speaking misuse takes two forms, abnormal use and mishandling. Abnormal use comes about when a product is used for an improper purpose; mishandling comes about when a product is used for a proper purpose but in an improper manner. Under this definition defendants can claim that virtually any unusual handling or use of a product constitutes misuse. Yet courts will not always accept this characterization. They …
Rites Of Passage: Race, The Supreme Court, And The Constitution, William W. Van Alstyne
Rites Of Passage: Race, The Supreme Court, And The Constitution, William W. Van Alstyne
Faculty Publications
No abstract provided.
The Role Of Appellate Court In Mandatory Sentencing Schemes, Larry I. Palmer
The Role Of Appellate Court In Mandatory Sentencing Schemes, Larry I. Palmer
Faculty Publications
No abstract provided.
Adoption: A Plea For Realistic Constitutional Decisionmaking, Larry I. Palmer
Adoption: A Plea For Realistic Constitutional Decisionmaking, Larry I. Palmer
Faculty Publications
No abstract provided.
Private Speech And The Private Forum: Givhan V. Western Line School District, Frederick Schauer
Private Speech And The Private Forum: Givhan V. Western Line School District, Frederick Schauer
Faculty Publications
No abstract provided.
Air Quality And Industrial Growth: The Location Of New Industiral Sources Of Pollution In Non-Attainment Areas, Ronald H. Rosenberg, Bruce A. Friedman
Air Quality And Industrial Growth: The Location Of New Industiral Sources Of Pollution In Non-Attainment Areas, Ronald H. Rosenberg, Bruce A. Friedman
Faculty Publications
No abstract provided.
Models Of Corporate Conduct: From The Government Dominated Corporation To The Corporate Dominated Government, Thomas Lee Hazen, Bren L. Buckley
Models Of Corporate Conduct: From The Government Dominated Corporation To The Corporate Dominated Government, Thomas Lee Hazen, Bren L. Buckley
Faculty Publications
No abstract provided.
The Decision To Incorporate, Thomas Lee Hazen
The Decision To Incorporate, Thomas Lee Hazen
Faculty Publications
No abstract provided.
Products Liability--Functionally Imposed Strict Liability, David A. Fischer
Products Liability--Functionally Imposed Strict Liability, David A. Fischer
Faculty Publications
Many manufacturers and insurance companies claim that a products liability crisis exists. This is evidenced by soaring products liability insurance rates. They express the fear that as insurance becomes unavailable or prohibitively expensive, useful products will be withheld from the market and some manufacturers may even be forced out of business. Such critics of the tort system are calling for modifications of the common law in order to give greater protection to manufacturers. A more drastic approach, vigorously championed by Professor Jeffrey O'Connell, calls for total or partial abolition of the tort system and substitution with various forms of no-fault …
Joinder And Severance, Paul C. Giannelli, Peter Joy
Joinder And Severance, Paul C. Giannelli, Peter Joy
Faculty Publications
No abstract provided.
Premature Probate: A Different Perspective On Guardianship For The Elderly, George J. Alexander
Premature Probate: A Different Perspective On Guardianship For The Elderly, George J. Alexander
Faculty Publications
No abstract provided.
The Confrontation Clause And Co-Defendant Confessions: The Drift From Bruton To Parker V. Randolph, Paul Marcus
The Confrontation Clause And Co-Defendant Confessions: The Drift From Bruton To Parker V. Randolph, Paul Marcus
Faculty Publications
No abstract provided.
Speech And Speech - Obscenity And Obscenity: An Exercise In The Interpretation Of Constitutional Language, Frederick Schauer
Speech And Speech - Obscenity And Obscenity: An Exercise In The Interpretation Of Constitutional Language, Frederick Schauer
Faculty Publications
Commentators have criticized the Supreme Court's use of the "two-level" theory of speech to place obscenity beyond the pale of the first amendment. They charge the Court with shirking the task of balancing first amendment values and the states' interests in regulating obscene material. Professor Schauer meets this criticism by examining the meaning of the word "speech" in the context of the purposes of the first amendment and the Constitution as a whole. He concludes that "speech"does not include a category.of obscenity'that performs the function of a surrogate sexual act and is lacking in communicative content. The Court's treatment of …
Patent Law: Equivalency And Validity In The Seventh Circuit, Ramon A. Klitzke
Patent Law: Equivalency And Validity In The Seventh Circuit, Ramon A. Klitzke
Faculty Publications
No abstract provided.
European Analogues To The Class Action: Group Action In France And Germany, William B. Fisch
European Analogues To The Class Action: Group Action In France And Germany, William B. Fisch
Faculty Publications
For the civil proceduralist in the United States the most perplexing problems of recent years have been presented by claims of large numbers of persons against large economic interests. A single error in manufacturing design can cause a relatively small injury to each of a large number of consumers; a misrepresentation in national advertising for such goods can have similar consequences; the polluting effects of a single enterprise can be dispersed among a large neighboring population. The result is that the stake of each potential claimant in the outcome of the litigation can be greatly outweighed by the magnitude of …
New Law Building Construction Progresses, William B. Spong Jr.
New Law Building Construction Progresses, William B. Spong Jr.
Faculty Publications
No abstract provided.
Liabilities In Excess Of Basis: Focht, Section 357(C)(3) And The Assignment Of Income, Glenn E. Coven
Liabilities In Excess Of Basis: Focht, Section 357(C)(3) And The Assignment Of Income, Glenn E. Coven
Faculty Publications
No abstract provided.
The United States Supreme Court: The 1978-79 Term, Paul C. Giannelli
The United States Supreme Court: The 1978-79 Term, Paul C. Giannelli
Faculty Publications
No abstract provided.
Note, Antitrust Law – Municipal Immunity – Application Of The State Action Doctrine To Municipalities - City Of Lafayette V. Louisiana Power & Light Co., Juliet P. Kostritsky
Note, Antitrust Law – Municipal Immunity – Application Of The State Action Doctrine To Municipalities - City Of Lafayette V. Louisiana Power & Light Co., Juliet P. Kostritsky
Faculty Publications
This noted discusses City of Lafayette v. Louisiana Power & Light Co.
Character Evidence, Paul C. Giannelli
Note, South Dakota V. Brown: Judicial Enforcement Of Governor's Duty To Extradite Fugitives, Kevin C. Mcmunigal
Note, South Dakota V. Brown: Judicial Enforcement Of Governor's Duty To Extradite Fugitives, Kevin C. Mcmunigal
Faculty Publications
This Note focuses on the Brown court's analysis of the issue of state court enforcement of the gubernatorial extradition duty imposed by the Extradition Act. It examines the court's construction of the Act, as well as the court's initial decision to frame the basic question addressed as solely one of statutory interpretation. The conclusion reached is that the Brown court's analysis is a product of result-oriented judicial reasoning. This Note does not address the court's handling of enforcement of the federally imposed duty nor the theoretical justifications for gubernatorial discretion in extradition of interstate fugitives
Free Press-Fair Trial: Restrictive Orders After Nebraska Press, Doug R. Rendleman
Free Press-Fair Trial: Restrictive Orders After Nebraska Press, Doug R. Rendleman
Faculty Publications
No abstract provided.
A Proposal For A Comprehensive Restructuring Of The Public Information System, Charles H. Koch Jr., Barry R. Rubin
A Proposal For A Comprehensive Restructuring Of The Public Information System, Charles H. Koch Jr., Barry R. Rubin
Faculty Publications
No abstract provided.
Co-Conspirator Declarations: The Federal Rules Of Evidence And Other Recent Developments, From A Criminal Law Perspective, Paul Marcus
Faculty Publications
Perhaps the most important advantage available to a prosecutor in a criminal conspiracy case is the exception to the hearsay rule for co-conspirator declarations. The exception is widely used and is often a significant part of the government presentation. In essence, it provides that otherwise inadmissible hearsay declarations of coconspirators are admissible at trial against the defendant so long as they were made during the course and in furtherance of the conspiracy. The exception typically arises when an alleged co-conspirator declarant tells the witness (often an undercover police officer) all about the conspiracy, perhaps in the hope of attracting a …