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Articles 31 - 60 of 92
Full-Text Articles in Law
Abortion Counseling As Vice Activity: The Free Speech Implications Of Rust V. Sullivan And Planned Parenthood V. Casey, Christina E. Wells
Abortion Counseling As Vice Activity: The Free Speech Implications Of Rust V. Sullivan And Planned Parenthood V. Casey, Christina E. Wells
Faculty Publications
Part I of this article discusses the Court's opinions in Rust and Casey. It first demonstrates that the driving force in both decisions was the Court's characterization of abortion counseling as an activity rather than as speech. Part I further discusses the speech/conduct distinction in First Amendment jurisprudence and demonstrates that abortion counseling falls on the speech side of that distinction. Parts II and III suggest that the real cause of the conflation of speech and conduct in Rust and Casey was the confluence of (1) the reemergence of reasoning found in a curious commercial speech decision -- Posadas de …
Will The Federal Courts Of Appeals Perish If They Publish? Or Does The Declining Use Of Opinions To Explain And Justify Judicial Decisions Pose A Greater Threat?, Martha Dragich
Faculty Publications
This Article examines three of those practices: selective publication, summary disposition, and vacatur upon settlement.
A Restatement Of The Supreme Court's Law Of Religious Freedom: Coherence, Conflict Or Chaos?, Carl H. Esbeck
A Restatement Of The Supreme Court's Law Of Religious Freedom: Coherence, Conflict Or Chaos?, Carl H. Esbeck
Faculty Publications
Religious freedom as guaranteed in the First Amendment makes religious pluralism more likely, while pluralism makes the maintenance of religious freedom as a fundamental civil right more necessary. It seems there is a limit, however, to the expansion of America's religious pluralism that, when exceeded, shatters cultural consensus thus rendering impossible the political and civil discourse necessary to sustain democratic institutions.1 This follows because pluralism promises freedom but exacts a price in civic disunity and moral confusion. The question thereby resolves itself into just how a religiously diverse people are to live together, despite their deepest differences, while sharing in …
Defensor Fidei: The Travails Of A Post-Realist Formalism, Lyrissa Lidsky
Defensor Fidei: The Travails Of A Post-Realist Formalism, Lyrissa Lidsky
Faculty Publications
This Article probes the philosophical and psychological attractions of formalism and suggests that its promise of stability and order may be essential to the effective functioning of the legal system, even if the promise can never be realized.
Getting In: The Why And The How Of It, Peter K. Rofes
Getting In: The Why And The How Of It, Peter K. Rofes
Faculty Publications
No abstract provided.
Analytic Deconstructionism? The Intellectual Voyeurism Of Anthony D'Amato, Alan R. Madry
Analytic Deconstructionism? The Intellectual Voyeurism Of Anthony D'Amato, Alan R. Madry
Faculty Publications
No abstract provided.
Law School And The Constitution, Peter K. Rofes
Law School And The Constitution, Peter K. Rofes
Faculty Publications
No abstract provided.
When Due Process Is Due: The Courts And Labor Arbitration, Jay E. Grenig
When Due Process Is Due: The Courts And Labor Arbitration, Jay E. Grenig
Faculty Publications
No abstract provided.
Ethics And The Law School: The Confusion Persists, Peter K. Rofes
Ethics And The Law School: The Confusion Persists, Peter K. Rofes
Faculty Publications
No abstract provided.
Challenging A Just-Completed Prison Sentence While Serving Another: Is The Prisoner In Custody For Purposes Of Seeking Federal Habeas Corpus Relief?, Jay E. Grenig
Faculty Publications
No abstract provided.
Removal, Remand, And Review: The Three Rs Of Appellate “Nonreview”, Jay E. Grenig
Removal, Remand, And Review: The Three Rs Of Appellate “Nonreview”, Jay E. Grenig
Faculty Publications
No abstract provided.
The Policy And Politics Of Community-Based Long-Term Care, Alison Barnes
The Policy And Politics Of Community-Based Long-Term Care, Alison Barnes
Faculty Publications
No abstract provided.
University Price Competition For Elite Students And Athletes: Illusions And Realities, Matthew J. Mitten
University Price Competition For Elite Students And Athletes: Illusions And Realities, Matthew J. Mitten
Faculty Publications
No abstract provided.
Dolan V. City Of Tigard, Takings Law, And The Supreme Court: Throwing The Baby Out With The Floodwater, Julian R. Kossow
Dolan V. City Of Tigard, Takings Law, And The Supreme Court: Throwing The Baby Out With The Floodwater, Julian R. Kossow
Faculty Publications
No abstract provided.
Comments On A Revised Filing System, R. Wilson Freyermuth
Comments On A Revised Filing System, R. Wilson Freyermuth
Faculty Publications
Professor Edward Adams's article, both in terms of its basic structure and the myriad of options it offers, neatly highlights the basic dilemma facing the Drafting Committee as it addresses the future Article 9 filing system. As he correctly notes, the filing system's shortcomings are largely due to its continued dependence on paper records, despite the increasing sophistication and availability of computerized information technology for both filing and searching. Should the Drafting Committee maintain the basics of the current system (a public, paper-based filing system) and merely attempt to identify and correct the existing shortcomings in that system, with some …
Is Its It? Some Conclusions About The Panopticon, George J. Alexander
Is Its It? Some Conclusions About The Panopticon, George J. Alexander
Faculty Publications
No abstract provided.
Panel Two: Information Policy Making, Allen S. Hammond Iv
Panel Two: Information Policy Making, Allen S. Hammond Iv
Faculty Publications
No abstract provided.
De Jure Revolution?, Margaret Russell
Ethics, Media And The O.J. Trial, Gerald F. Uelmen
Ethics, Media And The O.J. Trial, Gerald F. Uelmen
Faculty Publications
No abstract provided.
Intramural Reforms: How The U.S. Courts Of Appeals Have Helped Themselves, Thomas E. Baker
Intramural Reforms: How The U.S. Courts Of Appeals Have Helped Themselves, Thomas E. Baker
Faculty Publications
No abstract provided.
Rethinking Preemption For Purposes Of Aliens And Public Benefits, Evangeline G. Abriel
Rethinking Preemption For Purposes Of Aliens And Public Benefits, Evangeline G. Abriel
Faculty Publications
No abstract provided.
Rethinking Future Advance Mortgages: A Brief For The Restatement Approach, Dale A. Whitman, Grant S. Nelson
Rethinking Future Advance Mortgages: A Brief For The Restatement Approach, Dale A. Whitman, Grant S. Nelson
Faculty Publications
The advantages of such arrangements, under which the mortgagor takes none or only a portion of the loan at the outset but receives the balance in the future, are substantial. The mortgagor saves interest on the unadvanced portion until it is needed and avoids the need to invest this portion at an interest rate that at least equals the rate being paid to the lender. Moreover, both parties avoid the expense and paperwork inherent in refinancing the initial loan or in executing a series of junior mortgages to secure each advance. Finally, in the construction loan context, before committing large …
“I Love A Parade”: Can A Group's Participation In A Privately Organized Parade Be Compelled?, Jay E. Grenig
“I Love A Parade”: Can A Group's Participation In A Privately Organized Parade Be Compelled?, Jay E. Grenig
Faculty Publications
No abstract provided.
Seizing Evidence From Suspects For Forensic Analysis, Paul C. Giannelli
Seizing Evidence From Suspects For Forensic Analysis, Paul C. Giannelli
Faculty Publications
No abstract provided.
Deference, Defiance, And Useful Arts, Craig Allen Nard
Deference, Defiance, And Useful Arts, Craig Allen Nard
Faculty Publications
My objective in this Article is to demonstrate that the PTO's patentability determinations are questions of policy and, therefore, the Federal Circuit's standards of review, as applied to these determinations, are unsound. With respect to the Commissioner's statutory interpretations, I intend to demonstrate that the court's “traditional factors of statutory construction,” which are used in such a way as to avoid deferring to the PTO, result in irrational decisions, or at the very least, an alternative theory of interpretation no more convincing than that put forth by the PTO. My principle assertion, grounded in both doctrine and policy, is that …
American Indian Tribes And 401(K) Plans, Erik M. Jensen
American Indian Tribes And 401(K) Plans, Erik M. Jensen
Faculty Publications
No abstract provided.
A Theory Of Verbal Completeness, Dale A. Nance
A Theory Of Verbal Completeness, Dale A. Nance
Faculty Publications
In this Article I will endorse the view that the most important modem function of the completeness rule is to trump otherwise applicable exclusionary rules, though not every rule in every instance. I will also offer the general proposition that it should almost always trump one large and important class of exclusionary rules, those based upon the "best evidence" principle, that is, the principle that parties should present to the tribunal the epistemically best evidence available to them on a given litigated issue.
Conditional Probative Value And The Reconstruction Of The Federal Rules Of Evidence, Dale A. Nance
Conditional Probative Value And The Reconstruction Of The Federal Rules Of Evidence, Dale A. Nance
Faculty Publications
In a recent article, Richard Friedman articulates a modified and generalized version of the doctrine of conditional relevance, which he calls "conditional probative value."1 This version comes in response to a substantial body of academic criticism of the traditional doctrine.2 As one of the critics to whom Professor Friedman responds, I offer this reply with two purposes in mind: (1) to clarify the relationship between Friedman's analysis and my earlier reinterpretation of the conditional relevance doctrine; and (2) to ad- dress Friedman's specific proposals with regard to the Federal Rules of Evidence. I conclude that Friedman's articulation helps clarify the …
Musical Chairs: The Dissolution Of States And Membership In The United Nations, Michael P. Scharf
Musical Chairs: The Dissolution Of States And Membership In The United Nations, Michael P. Scharf
Faculty Publications
No abstract provided.
Introduction: The Context For Innovation In Japan, Comparative Competitive Aspects, Peter M. Gerhart
Introduction: The Context For Innovation In Japan, Comparative Competitive Aspects, Peter M. Gerhart
Faculty Publications
Introduction to Thomas J. Klitgarrd's "Context for the Innovation in Japan: Comparative Competitive Aspects and Some Practical Comments."