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Articles 1 - 30 of 54
Full-Text Articles in Law
On The Idea Of Private Law, Martin Stone
Rethinking The Role Of Recourse In The Sale Of Financial Assets, Steven L. Schwarcz, Peter V. Pantaleo
Rethinking The Role Of Recourse In The Sale Of Financial Assets, Steven L. Schwarcz, Peter V. Pantaleo
Faculty Scholarship
The presence of recourse in the sale of a financial asset is generally thought to jeopardize the "true sale" treatment of the sale, especially in the event of the seller's bankruptcy. This article examines the existing law and concludes that a transfer that qualifies as a sale under state law should be treated as a sale even if the buyer retains recourse to the seller, so long as recourse is limited to warranting that the asset will perform in accordance with its terms.
“The Image We See Is Our Own”: Defending The Jury’S Territory At The Heart Of The Democratic Process, Lisa Kern Griffin
“The Image We See Is Our Own”: Defending The Jury’S Territory At The Heart Of The Democratic Process, Lisa Kern Griffin
Faculty Scholarship
reviewing Jeffrey B. Abramson, We the Jury (1994) and Stephen J. Adler, The Jury (1994))
The Uneasy Place Of Principle In Tort Law, George C. Christie
The Uneasy Place Of Principle In Tort Law, George C. Christie
Faculty Scholarship
No abstract provided.
The Impact Of The Proposed California Civil Rights Initiative, Erwin Chemerinsky
The Impact Of The Proposed California Civil Rights Initiative, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
The Ethics Of Being A Commentator, Erwin Chemerinsky, Laurie Levenson
The Ethics Of Being A Commentator, Erwin Chemerinsky, Laurie Levenson
Faculty Scholarship
No abstract provided.
Trust And Tension Within Corporations, Deborah A. Demott
Trust And Tension Within Corporations, Deborah A. Demott
Faculty Scholarship
Reviewing, Progressive Corporate Law (Lawrence E. Mitchell ed., 1995)
Judge Gerald W. Heaney: An Admired And Respected Jurist, Mentor, And Friend, Laura S. Underkuffler
Judge Gerald W. Heaney: An Admired And Respected Jurist, Mentor, And Friend, Laura S. Underkuffler
Faculty Scholarship
No abstract provided.
Pretrial Prejudice In Canada: A Comparative Perspective On The Criminal Jury, Neil Vidmar
Pretrial Prejudice In Canada: A Comparative Perspective On The Criminal Jury, Neil Vidmar
Faculty Scholarship
No abstract provided.
Federalizing Crime: Assessing The Impact On The Federal Courts, Sara Sun Beale
Federalizing Crime: Assessing The Impact On The Federal Courts, Sara Sun Beale
Faculty Scholarship
This article examines the history of federal criminal jurisdiction and criminal enforcement, and reviews federal caseload statistics. The federal criminal caseload grew dramatically between 1980 and the mid-1990s, but this increase tells only part of the story. The federal criminal caseload has fluctuated widely over the past two decades, and the number of criminal cases today is about the same as it was in the early 1970s. Although criminal cases now account for only one-fifth of the federal caseload, they take a large and disproportionate share of federal judicial resources. In more than one-third of federal judicial districts, criminal cases …
Why Are There So Few Black Lawyers In Corporate Law Firms? An Institutional Analysis, Mitu Gulati, David B. Wilkins
Why Are There So Few Black Lawyers In Corporate Law Firms? An Institutional Analysis, Mitu Gulati, David B. Wilkins
Faculty Scholarship
Although the number of black students graduating from law schools has increased significantly in recent decades, blacks still make up a very small minority of the lawyers working in large corporate law firms. Available data indicate that these firms hire few blacks, and that those they do hire are more likely than their white peers to leave the firms before becoming partners. Conventional explanations blame the underrepresentation of blacks in corporate firms on either the racism of firms and their clients, or a shortage of qualified, interested black candidates. While acknowledging that in some instances these factors may help to …
A. Kenneth Pye, Walter E. Dellinger Iii
Revenge For The Condemned, Sara Sun Beale, Paul H. Haagen
Revenge For The Condemned, Sara Sun Beale, Paul H. Haagen
Faculty Scholarship
reviewing, V.A.C. Gatrell, The Hanging Tree: Execution and the English People 1770-1868 (Oxford University Press, 1994)
Loyalty To The Law: Politics And The Practice Of Public Lawyering In The United States, H. Jefferson Powell
Loyalty To The Law: Politics And The Practice Of Public Lawyering In The United States, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
Takings And The Nature Of Property, Laura S. Underkuffler
Takings And The Nature Of Property, Laura S. Underkuffler
Faculty Scholarship
No abstract provided.
International Contracts In European Courts: Jurisdiction Under Article 5(1) Of The Brussels Convention, Herbert Bernstein
International Contracts In European Courts: Jurisdiction Under Article 5(1) Of The Brussels Convention, Herbert Bernstein
Faculty Scholarship
No abstract provided.
Remembering Melville Nimmer: Some Cautionary Notes On Commercial Speech, William W. Van Alstyne
Remembering Melville Nimmer: Some Cautionary Notes On Commercial Speech, William W. Van Alstyne
Faculty Scholarship
This examination concerns itself with two main questions: what qualifies as commercial speech and how much protection does commercial speech enjoy under the First Amendment when compared to other forms of speech. The trend of the Court indicates that commercial speech enjoys protections similar to political speech.
Rationality And The Foundations Of Positive Political Theory, Mathew D. Mccubbins, Michael F. Thies
Rationality And The Foundations Of Positive Political Theory, Mathew D. Mccubbins, Michael F. Thies
Faculty Scholarship
In this paper, we discuss and debunk the four most common critiques of the rational choice research program (which we prefer to call Positive Political Theory) by explaining and advocating its foundations: the rationality assumption, component analysis (abstraction), strategic behavior, and theory building, in turn. We argue that the rationality assumption and component analysis, properly understood, can be seen to underlie all social science, despite the protestations of critics. We then discuss the two ways that PPT most clearly contributes to political science (i.e., what distinguishes it from other research programs), namely the introduction of strategic behavior (people do not …
Protecting Rights, Preventing Windfalls: A Model For Harmonizing State And Federal Laws On Floating Liens, Steven L. Schwarcz, Janet M. Link
Protecting Rights, Preventing Windfalls: A Model For Harmonizing State And Federal Laws On Floating Liens, Steven L. Schwarcz, Janet M. Link
Faculty Scholarship
This Article examines the conflict between state law which permits the creation of security interests in a debtor's after-acquired property--or "floating liens"--and federal bankruptcy law's potential cutoff of many of those security interests. This conflict arises in virtually every bankruptcy case. However, because of ambiguous statutory language and a failure of the jurisprudence conceptual center. This Article argues that using a model of a debtor in liquidation to analyze the cutoff of floating liens would balance the underlying policy considerations and make judicial outcomes more predictable.
Equal Protection And The Special Relationship: The Case Of Native Hawaiians, Stuart M. Benjamin
Equal Protection And The Special Relationship: The Case Of Native Hawaiians, Stuart M. Benjamin
Faculty Scholarship
No abstract provided.
Individualizing Justice Through Multiculuralism: The Liberals’ Dilemma, Doriane Lambelet Coleman
Individualizing Justice Through Multiculuralism: The Liberals’ Dilemma, Doriane Lambelet Coleman
Faculty Scholarship
No abstract provided.
Contract And Jurisdiction, Paul D. Carrington, Paul H. Haagen
Contract And Jurisdiction, Paul D. Carrington, Paul H. Haagen
Faculty Scholarship
No abstract provided.
Rationing Through Choice: A New Approach To Cost-Effectiveness Analysis In Health Care, Arti K. Rai
Rationing Through Choice: A New Approach To Cost-Effectiveness Analysis In Health Care, Arti K. Rai
Faculty Scholarship
No abstract provided.
Adr And Future Adjudication: A Primer On Dispute Resolution, Paul D. Carrington
Adr And Future Adjudication: A Primer On Dispute Resolution, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Yoder And The Question Of Equality, Laura S. Underkuffler
Yoder And The Question Of Equality, Laura S. Underkuffler
Faculty Scholarship
No abstract provided.
Just Deserts For Accountants And Attorneys After Bank Of Denver, James D. Cox
Just Deserts For Accountants And Attorneys After Bank Of Denver, James D. Cox
Faculty Scholarship
No abstract provided.
Telling A Black Legal Story: Privilege, Authenticity, “Blunders,” And Transformation In Outsider Narratives, Jerome M. Culp
Telling A Black Legal Story: Privilege, Authenticity, “Blunders,” And Transformation In Outsider Narratives, Jerome M. Culp
Faculty Scholarship
One of the methods that I and a number of other legal scholars have used to question the status quo in law and society is to tell stories from our autobiographies or those of our communities.
The Attorney General’S First Separation Of Powers Opinion, Walter E. Dellinger Iii, H. Jefferson Powell
The Attorney General’S First Separation Of Powers Opinion, Walter E. Dellinger Iii, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
Appropriatating Form: A Comment On Summers, “How Law Is Formal And Why It Matters”, Deborah A. Demott
Appropriatating Form: A Comment On Summers, “How Law Is Formal And Why It Matters”, Deborah A. Demott
Faculty Scholarship
No abstract provided.
Making Health Plans Accountable For The Quality Of Care, Clark C. Havighurst
Making Health Plans Accountable For The Quality Of Care, Clark C. Havighurst
Faculty Scholarship
No abstract provided.