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Articles 1 - 30 of 78
Full-Text Articles in Law
After Intersectionality, Robert S. Chang, Jerome Mccristal Culp Jr.
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
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
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
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
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
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
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
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
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.
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
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
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
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
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
Regulatory Traffic Jams, James Salzman, J.B. Ruhl, Kai-Sheng Song
Faculty Scholarship
No abstract provided.
Designing Global Climate Regulation, Jonathan B. Wiener
Designing Global Climate Regulation, Jonathan B. Wiener
Faculty Scholarship
No abstract provided.
What Are Larry’S Criteria For Good Corporate Law?, Mitu Gulati
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
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
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
Judicial Activism And Conservative Politics, Ernest A. Young
Faculty Scholarship
No abstract provided.
The Tragedy Of The Asbestos Commons, Francis Mcgovern
The Tragedy Of The Asbestos Commons, Francis Mcgovern
Faculty Scholarship
No abstract provided.
Closing The Courthouse Doors To Civil Rights Litigants, Erwin Chemerinsky
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
The Income Tax And The Costs Of Earning A Living, Lawrence A. Zelenak
Faculty Scholarship
No abstract provided.
Book Review, Donald L. Horowitz
A "Freshman" Takes Charge: Judge John J. Parker Of The United States Court Of Appeals, 1925-1930, Peter G. Fish
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
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
Does Federalism Advance Liberty?, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Shareholders As Principals, Deborah A. Demott
Shareholders As Principals, Deborah A. Demott
Faculty Scholarship
No abstract provided.
Reflections On A Conversation, H. Jefferson Powell
Reflections On A Conversation, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
Retributive Justice: Its Social Context, Neil Vidmar
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 …