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Full-Text Articles in Law

Understanding The Racial Discourse Of Justice Rehnquist, Jerome Mccristal Culp Jr. Apr 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

Legal Education For The People: Populism And Civic Virtue, Paul D. Carrington

Faculty Scholarship

No abstract provided.


Afterword: Shaw V. Reno, Robinson O. Everett Jan 1994

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. Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

From The Editor: It’S The Network!, Richard A. Danner

Faculty Scholarship

No abstract provided.


From The Editor: Big Things, Richard A. Danner Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

There Is Still So Much To Learn From Legislation, Catherine Fisk

Faculty Scholarship

No abstract provided.