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Articles 1 - 30 of 50
Full-Text Articles in Law
Understanding The Racial Discourse Of Justice Rehnquist, Jerome Mccristal Culp Jr.
Understanding The Racial Discourse Of Justice Rehnquist, Jerome Mccristal Culp Jr.
Faculty Scholarship
No abstract provided.
Whose International Law?: Sovereignty And Non-State Groups, Benedict Kingsbury
Whose International Law?: Sovereignty And Non-State Groups, Benedict Kingsbury
Faculty Scholarship
This is the first of three keynote panels at this 88th Annual Meeting, under the overarching theme of "The Transformation of Sovereignty."
The Qur’An And The Common Law: Islamic Law Reform And The Theory Of Legal Change (Part 1), Donald L. Horowitz
The Qur’An And The Common Law: Islamic Law Reform And The Theory Of Legal Change (Part 1), Donald L. Horowitz
Faculty Scholarship
Part I of a two part article.
Contract Failure In The Market For Health Services, Clark C. Havighurst
Contract Failure In The Market For Health Services, Clark C. Havighurst
Faculty Scholarship
Professor Havighurst examines the claim that the United States is overspending on health care. Finding much of the evidence inconclusive, he nevertheless finds one clear cause of allocative inefficiency to be unwise tax subsidies for the purchase of private health insurance. He avers, however, that a more serious problem is the market's failure to offer consumers a full range of health care choices, specifically low-cost options. Here, he makes the novel claim that overspending on health care is attributable to the failure of private contracts to specify the precise character and scope of the health services to be provided and …
Legal Education For The People: Populism And Civic Virtue, Paul D. Carrington
Legal Education For The People: Populism And Civic Virtue, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Afterword: Shaw V. Reno, Robinson O. Everett
Afterword: Shaw V. Reno, Robinson O. Everett
Faculty Scholarship
No abstract provided.
Repealing The Law Of Unintended Consequences? Comment On Walker (2), Thomas D. Rowe Jr.
Repealing The Law Of Unintended Consequences? Comment On Walker (2), Thomas D. Rowe Jr.
Faculty Scholarship
Commentary on, Laurens Walker, Avoiding Surprise From Federal Civil Rule Making: The Role of Economic Analysis, 23 Journal of Legal Studies 569 (1994).
An Antidote To Anecdotes, Neil Vidmar
An Antidote To Anecdotes, Neil Vidmar
Faculty Scholarship
Reviewing, Frank A. Sloan, et al., Suing for Medical Malpractice (1993)
An Analysis Of Mass Torts For Judges, Francis Mcgovern
An Analysis Of Mass Torts For Judges, Francis Mcgovern
Faculty Scholarship
No abstract provided.
Black People In White Face: Assimilation, Culture, And The Brown Case, Jerome M. Culp
Black People In White Face: Assimilation, Culture, And The Brown Case, Jerome M. Culp
Faculty Scholarship
No abstract provided.
The Principles Of ‘98: An Essay In Historical Retrieval, H. Jefferson Powell
The Principles Of ‘98: An Essay In Historical Retrieval, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
Denying Due Process In The Florida Courts: A Commentary On The 1994 Medicaid Third-Party Liability Act Of Florida, William W. Van Alstyne
Denying Due Process In The Florida Courts: A Commentary On The 1994 Medicaid Third-Party Liability Act Of Florida, William W. Van Alstyne
Faculty Scholarship
In 1994, the Florida Legislature adopted a unique statute to provide a state agency creditor standing against private parties to whom the agency has furnished no assistance and with whom it has no relation at all as creditor, but from whose assets it wants to reimburse itself for expenses it incurred on behalf of some third party.
Pretrial Case Management Under The Amended Rules: Too Many Words For A Good Idea, Michael E. Tigar
Pretrial Case Management Under The Amended Rules: Too Many Words For A Good Idea, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Legal Hybrids Between The Patent And Copyright Paradigms, Jerome H. Reichman
Legal Hybrids Between The Patent And Copyright Paradigms, Jerome H. Reichman
Faculty Scholarship
No abstract provided.
Are Juries Competent To Decide Liability In Tort Cases Involving Scientific/Medical Issues? Some Data From Medical Malpractice, Neil Vidmar
Faculty Scholarship
No abstract provided.
Only Girls Wear Barrettes: Dress And Appearance Standards, Community Norms, And Workplace Equality, Katharine T. Bartlett
Only Girls Wear Barrettes: Dress And Appearance Standards, Community Norms, And Workplace Equality, Katharine T. Bartlett
Faculty Scholarship
No abstract provided.
The Separation Of The Religious And The Secular: A Foundational Challenge To First Amendment Theory, Laura S. Underkuffler
The Separation Of The Religious And The Secular: A Foundational Challenge To First Amendment Theory, Laura S. Underkuffler
Faculty Scholarship
No abstract provided.
Fiduciary Preludes: Likely Issues For Llcs, Deborah A. Demott
Fiduciary Preludes: Likely Issues For Llcs, Deborah A. Demott
Faculty Scholarship
This article examines selected circumstances likely to give rise to claims of breach of fiduciary duty in the organizational brave new world of the limited liability company ("LLC") and explores likely resolutions under a number of LLC statutory regimes. For purposes of comparison, the article draws on patterns of dispute that are common in the older organizational forms that limited liability companies may supersede, specifically general and limited partnerships and closely held corporations. The article is not comprehensive in its treatment; it concentrates on circumstances that test the force of norms and illustrate interrelationships among bodies of legal doctrine. Despite …
Feminist Perspectives On The Ideological Impact Of Legal Education Upon The Profession, Katharine T. Bartlett
Feminist Perspectives On The Ideological Impact Of Legal Education Upon The Profession, Katharine T. Bartlett
Faculty Scholarship
No abstract provided.
A Fundamental Inquiry Into The Statutory Rulemaking Process Of Private Legislatures, Steven L. Schwarcz
A Fundamental Inquiry Into The Statutory Rulemaking Process Of Private Legislatures, Steven L. Schwarcz
Faculty Scholarship
This Article examines the private rulemaking proces under which uniform state laws are formulated. It suggests that deficiencies may arise from the failure of rulemakers to step back and ask fundamental questions about the consequences of the rules being proposed and sets forth a framework for asking these questions. As part of this framework, the Article identifies and explores the meaning of underlying statutory policies, such as consistency and fairness. Although the Article's focus is on private rulemaking, it's conclusions are shown to be relevent to public rulemaking and possibly even to judicial decisionmaking.
The Alchemy Of Asset Securitization, Steven L. Schwarcz
The Alchemy Of Asset Securitization, Steven L. Schwarcz
Faculty Scholarship
No abstract provided.
Pap And Circumstance: What Jury Verdict Statistics Can Tell Us About Jury Behavior And The Tort System, Neil Vidmar
Pap And Circumstance: What Jury Verdict Statistics Can Tell Us About Jury Behavior And The Tort System, Neil Vidmar
Faculty Scholarship
No abstract provided.
Colorblind Remedies And The Intersectionality Of Oppression: Policy Arguments Masquerading As Moral Claims, Jerome M. Culp
Colorblind Remedies And The Intersectionality Of Oppression: Policy Arguments Masquerading As Moral Claims, Jerome M. Culp
Faculty Scholarship
One of the myths we tell children and law students is that the law is or can be colorblind.
From The Editor: It’S The Network!, Richard A. Danner
From The Editor: It’S The Network!, Richard A. Danner
Faculty Scholarship
No abstract provided.
From The Editor: Big Things, Richard A. Danner
From The Editor: Big Things, Richard A. Danner
Faculty Scholarship
No abstract provided.
Do You Have The Right To Remain Silent?: Duties Of Disclosure In Buisness Transactions, Deborah A. Demott
Do You Have The Right To Remain Silent?: Duties Of Disclosure In Buisness Transactions, Deborah A. Demott
Faculty Scholarship
No abstract provided.
Forums For Punishing Offenses Against The Law Of Nations, Robinson O. Everett, Scott L. Silliman
Forums For Punishing Offenses Against The Law Of Nations, Robinson O. Everett, Scott L. Silliman
Faculty Scholarship
Judge Everett and Mr. Silliman introduce the Statute of the International Tribunal, which has been established by the United Nations Security Council to prosecute violations of the law of war in the territory of the former Yugoslavia. The authors outline historical precedent for the International Tribunal and propse alternative military forums for punishing offenses against the law of nations. In particular, the authors discuss whether American courts-marital and military commissions are realistic alternatives to a specially constituted international tribunal when trying such offenses. After a brief comparison of these two American military tribunals, the artical concludes that both are viable …
Looking To The Future Of Mass Torts: A Comment On Schuck And Siliciano, Francis Mcgovern
Looking To The Future Of Mass Torts: A Comment On Schuck And Siliciano, Francis Mcgovern
Faculty Scholarship
No abstract provided.
The First Amendment: When The Government Must Make Content-Based Choices, Erwin Chemerinsky
The First Amendment: When The Government Must Make Content-Based Choices, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
There Is Still So Much To Learn From Legislation, Catherine Fisk
There Is Still So Much To Learn From Legislation, Catherine Fisk
Faculty Scholarship
No abstract provided.