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Articles 1 - 30 of 52
Full-Text Articles in Law
Defining Finality And Appealability By Court Rule: A Comment On Martineau’S Right Problem, Wrong Solution, Thomas D. Rowe Jr.
Defining Finality And Appealability By Court Rule: A Comment On Martineau’S Right Problem, Wrong Solution, Thomas D. Rowe Jr.
Faculty Scholarship
No abstract provided.
Making The Case For A Constitutional Right To Minimum Entitlements, Erwin Chemerinsky
Making The Case For A Constitutional Right To Minimum Entitlements, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Neutrality, The Race Question, And The 1991 Civil Rights Act: The “Impossibility” Of Permanent Reform, Jerome Mccristal Culp Jr.
Neutrality, The Race Question, And The 1991 Civil Rights Act: The “Impossibility” Of Permanent Reform, Jerome Mccristal Culp Jr.
Faculty Scholarship
No abstract provided.
Remaking Confrontation Clause And Hearsay Doctrine Under The Challenge Of Child Sexual Abuse Prosecutions, Robert P. Mosteller
Remaking Confrontation Clause And Hearsay Doctrine Under The Challenge Of Child Sexual Abuse Prosecutions, Robert P. Mosteller
Faculty Scholarship
No abstract provided.
Prior Similar Acts In Prosecutions For Rape And Child Sex Abuse, Sara Sun Beale
Prior Similar Acts In Prosecutions For Rape And Child Sex Abuse, Sara Sun Beale
Faculty Scholarship
No abstract provided.
The 1990 U.S.F.S.P.A. Amendment: No Bar To Recognition Of Tenancy In Common Interests Created By Pre-Mccarty Divorces That Fail To Divide Military Retirement Benefits, William A. Reppy Jr.
The 1990 U.S.F.S.P.A. Amendment: No Bar To Recognition Of Tenancy In Common Interests Created By Pre-Mccarty Divorces That Fail To Divide Military Retirement Benefits, William A. Reppy Jr.
Faculty Scholarship
No abstract provided.
Rumpelstiltskin (Review Essay), Katharine T. Bartlett
Rumpelstiltskin (Review Essay), Katharine T. Bartlett
Faculty Scholarship
Professor Bartlett's article is one of five commentaries continuing the debate concerning human sexuality and its regulation begun by Judge Richard Posner's in his book, Sex and Reason (1992). Bartlett's essay responds generally to the book and specifically to his application of economic principles to sexuality.
From The Editor: Delivering Documents, Richard A. Danner
From The Editor: Delivering Documents, Richard A. Danner
Faculty Scholarship
No abstract provided.
Procedural Issues Raised By Guidelines Sentencing: The Constitutional Significance Of The “Elements Of The Sentence”, Sara Sun Beale
Procedural Issues Raised By Guidelines Sentencing: The Constitutional Significance Of The “Elements Of The Sentence”, Sara Sun Beale
Faculty Scholarship
No abstract provided.
Afterword, Robinson O. Everett
The University In The Manner Of Tiananmen Square, William W. Van Alstyne
The University In The Manner Of Tiananmen Square, William W. Van Alstyne
Faculty Scholarship
The university academic council assembled in the room where it customarily met.
Taxing Gains At Death, Lawrence A. Zelenak
Buffaloes And A Straw Man, Paul D. Carrington
Buffaloes And A Straw Man, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Constitutional Investigations, H. Jefferson Powell
Constitutional Investigations, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
Legal Realism And The Social Contract: Fuller’S Public Jurisprudence Of Form, Private Jurisprudence Of Substance, James Boyle
Legal Realism And The Social Contract: Fuller’S Public Jurisprudence Of Form, Private Jurisprudence Of Substance, James Boyle
Faculty Scholarship
No abstract provided.
Civil Forfeiture: A Higher Form Of Commercial Law?, Steven L. Schwarcz, Alan E. Rothman
Civil Forfeiture: A Higher Form Of Commercial Law?, Steven L. Schwarcz, Alan E. Rothman
Faculty Scholarship
In this Article, Messrs. Schwarcz and Rothman analyze the disquieting impact of civil forfeiture law on creditors' rights. The Article begins by describing the historical origins of civil forfeiture and its development into current day law. The Article then explores the tension between forfeiture law and commercial and bankruptcy law by examining the effect of a forfeiture action on unsecured and undersecured creditors. The Article evaluates a recent model for balancing governmental and commercial law interests, and concludes by suggesting reforms to the present civil forfeiture scheme.
The Parts Are Greater Than The Whole: How Securitization Of Divisible Interests Can Revolutionize Structured Finance And Open The Capital Markets To Middle-Market Companies, Steven L. Schwarcz
The Parts Are Greater Than The Whole: How Securitization Of Divisible Interests Can Revolutionize Structured Finance And Open The Capital Markets To Middle-Market Companies, Steven L. Schwarcz
Faculty Scholarship
No abstract provided.
Remembering Jefferson, Paul D. Carrington
Is The Rehnquist Court Really That Conservative?: An Analysis Of The 1991-92 Term, Erwin Chemerinsky
Is The Rehnquist Court Really That Conservative?: An Analysis Of The 1991-92 Term, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
The Fire This Time, Erwin Chemerinsky
The 1990 U.S.F.S.P.A. Amendment: No Bar To Recognition Of Tenancy In Common Interests Created By Pre-’Mccarty’ Divorces That Fail To Divide Military Benefits, William A. Reppy Jr.
The 1990 U.S.F.S.P.A. Amendment: No Bar To Recognition Of Tenancy In Common Interests Created By Pre-’Mccarty’ Divorces That Fail To Divide Military Benefits, William A. Reppy Jr.
Faculty Scholarship
No abstract provided.
Comment On Derrick Bell’S “Diversity And Academic Freedom”, Paul D. Carrington
Comment On Derrick Bell’S “Diversity And Academic Freedom”, Paul D. Carrington
Faculty Scholarship
No abstract provided.
The Pc Harangue, James Boyle
Meaning And Professionalism In American Law, Paul D. Carrington
Meaning And Professionalism In American Law, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Regulatory Competition In Securities Markets: An Approach For Reconciling Japanese And United States Disclosure Philosophies, James D. Cox
Regulatory Competition In Securities Markets: An Approach For Reconciling Japanese And United States Disclosure Philosophies, James D. Cox
Faculty Scholarship
No abstract provided.
Water Buffalo And Diversity: Naming Names And Reclaiming The Racial Discourse, Jerome M. Culp
Water Buffalo And Diversity: Naming Names And Reclaiming The Racial Discourse, Jerome M. Culp
Faculty Scholarship
No abstract provided.
Self-Dealing Transactions In Nonprofit Corporations, Deborah A. Demott
Self-Dealing Transactions In Nonprofit Corporations, Deborah A. Demott
Faculty Scholarship
No abstract provided.
Municipal Tort Liability: Special Duty Issues Of Police, Fire, And Safety, Horace B. Robertson
Municipal Tort Liability: Special Duty Issues Of Police, Fire, And Safety, Horace B. Robertson
Faculty Scholarship
According to the program bulletin, my topic is "Special Duty Issues" of tort liability under the overall conference heading of "Municipal Liability."
Improving The Summary Jury Trial, Thomas B. Metzloff
Improving The Summary Jury Trial, Thomas B. Metzloff
Faculty Scholarship
Although the summary jury trial has been used for more than a decade, it remains controversial. To improve its value as a "niche" ADR device, litigants should take advantage of its flexibility, focusing especially on its potential as a binding process.
History, Tradition, The Supreme Court, And The First Amendment, Erwin Chemerinsky
History, Tradition, The Supreme Court, And The First Amendment, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.