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Full-Text Articles in Law

After Intersectionality, Robert S. Chang, Jerome Mccristal Culp Jr. Dec 2002

After Intersectionality, Robert S. Chang, Jerome Mccristal Culp Jr.

Faculty Scholarship

No abstract provided.


Terrorism, The Use Of Force And International Law After 11 September, Michael Byers Apr 2002

Terrorism, The Use Of Force And International Law After 11 September, Michael Byers

Faculty Scholarship

No abstract provided.


Abuse Of Rights: An Old Principle, A New Age, Michael Byers Feb 2002

Abuse Of Rights: An Old Principle, A New Age, Michael Byers

Faculty Scholarship

No abstract provided.


Whirlwind Tour Of The Internal Revenue Code’S At-Risk And Passive Activity Loss Rules, Lawrence A. Zelenak, Boris I. Bittker, Martin J. Mcmahon Jan 2002

Whirlwind Tour Of The Internal Revenue Code’S At-Risk And Passive Activity Loss Rules, Lawrence A. Zelenak, Boris I. Bittker, Martin J. Mcmahon

Faculty Scholarship

No abstract provided.


Specialized Trial Courts: Concentrating Expertise On Fact, Arti K. Rai Jan 2002

Specialized Trial Courts: Concentrating Expertise On Fact, Arti K. Rai

Faculty Scholarship

In the absence of a specialized patent trial court with expertise in fact-finding, the Court of Appeals for the Federal Circuit often reviews de novo the many factual questions that pervade patent law. De novo review of fact by an appellate court is problematic. In the area of patent law, as in other areas of law, there are sound institutional justifications for the conventional division of labor that gives trial courts primary responsibility for questions of law. This Article identifies the problems created by de novo appellate review of fact and argues for the creation of a specialized trial court …


The Process Of Managing Medical Malpractice Cases: The Role Of The Standard Of Care, Thomas B. Metzloff, Ralph A. Peeples, Catherine T. Harris Jan 2002

The Process Of Managing Medical Malpractice Cases: The Role Of The Standard Of Care, Thomas B. Metzloff, Ralph A. Peeples, Catherine T. Harris

Faculty Scholarship

In medical malpractice litigation, how the standard of care is determined is of obvious importance, since failure by a defendant-physician to meet the relevant standard of care constitutes negligence. Any effort to reform how standard-of-care determinations are made should start with an understanding of the entire claims resolution process. The usual image--that of opposing experts testifying at trial--is both incomplete and misleading. Most cases are either settled by the parties or abandoned by the plaintiff, short of trial. We reviewed insurers' closed claims files, representing a sample of medical malpractice lawsuits filed in North Carolina between 1991 and 1995, as …


Constitutional Pluralism And Democratic Politics: Reflections On The Interpretive Approach Of Baker V. Carr, Guy-Uriel Charles Jan 2002

Constitutional Pluralism And Democratic Politics: Reflections On The Interpretive Approach Of Baker V. Carr, Guy-Uriel Charles

Faculty Scholarship

Baker v. Carr is one of the Supreme Court's most important opinions, not least because its advent signaled the constitutionalization of democracy. Unfortunately, as is typical of the Court's numerous forays into democratic politics, the decision is not accompanied by an apparent vision of the relationship among democratic practice, constitutional law, and democratic theory. In this Article, Professor Charles revisits Baker and provides several democratic principles that he argues justifies the Court's decision to engage the democratic process. He examines the decision from the perspective of one of its chief contemporary critics, Justice Frankfurter. He sketches an approach, described as …


To What Extent Does The Power Of Government To Determine The Boundaries And Conditions Of Lawful Commerce Permit Government To Declare Who May Advertise And Who May Not?, William W. Van Alstyne Jan 2002

To What Extent Does The Power Of Government To Determine The Boundaries And Conditions Of Lawful Commerce Permit Government To Declare Who May Advertise And Who May Not?, William W. Van Alstyne

Faculty Scholarship

No abstract provided.


Lobbying And Information In Politics, John M. De Figueiredo Jan 2002

Lobbying And Information In Politics, John M. De Figueiredo

Faculty Scholarship

No abstract provided.


Choice Of Law Problems Arising When Unmarried Cohabitants Change Domicile, William A. Reppy Jr. Jan 2002

Choice Of Law Problems Arising When Unmarried Cohabitants Change Domicile, William A. Reppy Jr.

Faculty Scholarship

This article explores choice of law problems that will arise when a court determines the property-based claims between cohabitants in situations where the pair began their cohabitation in one state before at least one of them moved to another state and after the breakup of the couple or the death of one of them. These choice of law issues affecting cohabitants are far more complex than the conflict of laws issues arrising when lawfully married couples change domicile, primarily because of lack of agreement among the states as to what legal theory controls the rights of unmarried cohabitants.


Ensuring The Supremacy Of Federal Law: Why The District Court Was Wrong In Westside Mothers V. Haveman, Erwin Chemerinsky Jan 2002

Ensuring The Supremacy Of Federal Law: Why The District Court Was Wrong In Westside Mothers V. Haveman, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Community Enforcement Of Informal Contracts: Jewish Diamond Merchants In New York, Barak D. Richman Jan 2002

Community Enforcement Of Informal Contracts: Jewish Diamond Merchants In New York, Barak D. Richman

Faculty Scholarship

The diamond industry is home to many unusual features: the predominance of an ethnically homogeneous community of merchants, the norm of intergenerational family businesses, and a rejection of public courts in favor of private contract enforcement. This paper explains that the diamond industry's unique attributes arise specifically to meet the particularly rigorous hazards of transacting in diamonds. Since diamonds are portable, easily concealable, and extremely valuable, the risk associated with a credit sale can be especially costly. However, the industry enjoys valuable organizational efficiencies if transactions occur on credit between independent, fully incentivized agents. Thus, an efficient system of exchange …


The Impact Of Bankruptcy Reform On “True Sale” Determination In Securitization Transactions, Steven L. Schwarcz Jan 2002

The Impact Of Bankruptcy Reform On “True Sale” Determination In Securitization Transactions, Steven L. Schwarcz

Faculty Scholarship

No abstract provided.


Private Ordering Of Public Markets: The Rating Agency Paradox, Steven L. Schwarcz Jan 2002

Private Ordering Of Public Markets: The Rating Agency Paradox, Steven L. Schwarcz

Faculty Scholarship

No abstract provided.


Regulatory Traffic Jams, James Salzman, J.B. Ruhl, Kai-Sheng Song Jan 2002

Regulatory Traffic Jams, James Salzman, J.B. Ruhl, Kai-Sheng Song

Faculty Scholarship

No abstract provided.


Designing Global Climate Regulation, Jonathan B. Wiener Jan 2002

Designing Global Climate Regulation, Jonathan B. Wiener

Faculty Scholarship

No abstract provided.


What Are Larry’S Criteria For Good Corporate Law?, Mitu Gulati Jan 2002

What Are Larry’S Criteria For Good Corporate Law?, Mitu Gulati

Faculty Scholarship

No abstract provided.


Enron And The Use And Abuse Of Special Purpose Entities In Corporate Structures, Steven L. Schwarcz Jan 2002

Enron And The Use And Abuse Of Special Purpose Entities In Corporate Structures, Steven L. Schwarcz

Faculty Scholarship

This essay examines, what, if anything, differentiates Enron's questionable use of off-balance-sheet special purpose entries, or SPEs, from the trillions of dollars of supposedly "legitimate" securitization and other structured finance transactions that use SPEs. The inquiry is important because the absence of meaningful differences would call all these transactions into question, whereas the presence of meaningful differences may inform regulatory schemes by providing a basis to distinguish which structured finance transactions should be allowed. This Essay also introduces the dilemma that some structured finance transactions are so complex that disclosure to investors in the sponsoring company is necessarily imperfect -- …


Balancing Copyright Protections And Freedom Of Speech: Why The Copyright Extension Act Is Unconstitutional, Erwin Chemerinsky Jan 2002

Balancing Copyright Protections And Freedom Of Speech: Why The Copyright Extension Act Is Unconstitutional, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Judicial Activism And Conservative Politics, Ernest A. Young Jan 2002

Judicial Activism And Conservative Politics, Ernest A. Young

Faculty Scholarship

No abstract provided.


The Tragedy Of The Asbestos Commons, Francis Mcgovern Jan 2002

The Tragedy Of The Asbestos Commons, Francis Mcgovern

Faculty Scholarship

No abstract provided.


Closing The Courthouse Doors To Civil Rights Litigants, Erwin Chemerinsky Jan 2002

Closing The Courthouse Doors To Civil Rights Litigants, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


The Income Tax And The Costs Of Earning A Living, Lawrence A. Zelenak Jan 2002

The Income Tax And The Costs Of Earning A Living, Lawrence A. Zelenak

Faculty Scholarship

No abstract provided.


Book Review, Donald L. Horowitz Jan 2002

Book Review, Donald L. Horowitz

Faculty Scholarship

No abstract provided.


A "Freshman" Takes Charge: Judge John J. Parker Of The United States Court Of Appeals, 1925-1930, Peter G. Fish Jan 2002

A "Freshman" Takes Charge: Judge John J. Parker Of The United States Court Of Appeals, 1925-1930, Peter G. Fish

Faculty Scholarship

No abstract provided.


Strategic Planning For Distance Learning In Legal Education: Initial Thoughts On A Role For Libraries, Richard A. Danner Jan 2002

Strategic Planning For Distance Learning In Legal Education: Initial Thoughts On A Role For Libraries, Richard A. Danner

Faculty Scholarship

Distance learning technologies will be used increasingly by law schools both to enhance learning within their existing residential programs and to reach new audiences. For law librarians, the questions involved in serving distance learners are a subset of the questions about the future of the law library that arise from changes in the legal information environment. This article discusses current distance learning alternatives for law schools, and the impacts of distance learning and other technological innovations on the future role of the academic law library in legal education.


Does Federalism Advance Liberty?, Erwin Chemerinsky Jan 2002

Does Federalism Advance Liberty?, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Shareholders As Principals, Deborah A. Demott Jan 2002

Shareholders As Principals, Deborah A. Demott

Faculty Scholarship

No abstract provided.


Reflections On A Conversation, H. Jefferson Powell Jan 2002

Reflections On A Conversation, H. Jefferson Powell

Faculty Scholarship

No abstract provided.


Retributive Justice: Its Social Context, Neil Vidmar Jan 2002

Retributive Justice: Its Social Context, Neil Vidmar

Faculty Scholarship

Until relatively recently, social psychologists have given less attention to retributive justice than to other forms of justice, such as distributive and procedural justice. Although interest in retributive justice is increasing, the fact remains that social psychological research on retribution has tended to ignore, or at least downplay, the insights of sociologists in deference to an approach that examines how individuals respond to deviant acts. Without rejecting psycholgical analyses, this chpater draws attention to the social context and social consequences of retributive justice. Group dynamics are at play in a wide array of settings in which people respond to rule …