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Articles 31 - 60 of 63

Full-Text Articles in Law

Agentic And Conscientic Decisions In Law: Death And Other Cases, Laura S. Underkuffler Jan 1998

Agentic And Conscientic Decisions In Law: Death And Other Cases, Laura S. Underkuffler

Faculty Scholarship

No abstract provided.


Removing The ‘Fuel Of Interest’ From The ‘Fire Of Genius’: Law And The Employee Inventor, 1830-1930, Catherine Fisk Jan 1998

Removing The ‘Fuel Of Interest’ From The ‘Fire Of Genius’: Law And The Employee Inventor, 1830-1930, Catherine Fisk

Faculty Scholarship

No abstract provided.


The Treaty Power And American Federalism, Curtis A. Bradley Jan 1998

The Treaty Power And American Federalism, Curtis A. Bradley

Faculty Scholarship

No abstract provided.


The Status Of Customary International Law In U.S. Courts—Before And After ‘Erie’, Curtis A. Bradley Jan 1998

The Status Of Customary International Law In U.S. Courts—Before And After ‘Erie’, Curtis A. Bradley

Faculty Scholarship

No abstract provided.


Managed Care-Work In Progress Or Stalled Experiment?, Clark C. Havighurst Jan 1998

Managed Care-Work In Progress Or Stalled Experiment?, Clark C. Havighurst

Faculty Scholarship

No abstract provided.


The President’S Authority Over Foreign Affairs: An Executive Branch Perspective, H. Jefferson Powell Jan 1998

The President’S Authority Over Foreign Affairs: An Executive Branch Perspective, H. Jefferson Powell

Faculty Scholarship

No abstract provided.


The Performance Of The American Civil Jury: An Empirical Perspective, Neil Vidmar Jan 1998

The Performance Of The American Civil Jury: An Empirical Perspective, Neil Vidmar

Faculty Scholarship

No abstract provided.


Efficiency-Wages, Tournaments, And Descrimination: A Theory Of Employment Descrimination Law For ‘High-Level’ Jobs, Mitu Gulati, David Charny Jan 1998

Efficiency-Wages, Tournaments, And Descrimination: A Theory Of Employment Descrimination Law For ‘High-Level’ Jobs, Mitu Gulati, David Charny

Faculty Scholarship

No abstract provided.


Reconceiving The Tournament Of Lawyers: Tracking, Seeding, And Information Control In The International Labor Markets Of Elite Law Firms, Mitu Gulati, David B. Wilkins Jan 1998

Reconceiving The Tournament Of Lawyers: Tracking, Seeding, And Information Control In The International Labor Markets Of Elite Law Firms, Mitu Gulati, David B. Wilkins

Faculty Scholarship

No abstract provided.


Moths To The Light: The Dubious Attractions Of American Law, Paul D. Carrington Jan 1998

Moths To The Light: The Dubious Attractions Of American Law, Paul D. Carrington

Faculty Scholarship

No abstract provided.


Evidence, Proof And Persuasion In Wto Dispute Settlement - Who Bears The Burden?, Joost H. B. Pauwelyn Jan 1998

Evidence, Proof And Persuasion In Wto Dispute Settlement - Who Bears The Burden?, Joost H. B. Pauwelyn

Faculty Scholarship

No abstract provided.


Indemnity Or Compensation? The Contract With America, Loser-Pays Attorney Fee Shifting, And A One-Way Alternative, Thomas D. Rowe Jr. Jan 1998

Indemnity Or Compensation? The Contract With America, Loser-Pays Attorney Fee Shifting, And A One-Way Alternative, Thomas D. Rowe Jr.

Faculty Scholarship

No abstract provided.


Civil Liability For Pure Economic Loss Under American Tort Law, Herbert Bernstein Jan 1998

Civil Liability For Pure Economic Loss Under American Tort Law, Herbert Bernstein

Faculty Scholarship

No abstract provided.


Privatautonomie Und Privatkodifikation – Zu Anwendbarkeit Und Geltung Allgemeiner Vertragsrechtsprinzipien, Ralf Michaels Jan 1998

Privatautonomie Und Privatkodifikation – Zu Anwendbarkeit Und Geltung Allgemeiner Vertragsrechtsprinzipien, Ralf Michaels

Faculty Scholarship

No abstract provided.


Can Constitutional Borrowing Be Justified? A Comment On Tushnet, Matthew D. Adler Jan 1998

Can Constitutional Borrowing Be Justified? A Comment On Tushnet, Matthew D. Adler

Faculty Scholarship

No abstract provided.


Rights Against Rules: The Moral Structure Of American Constitutional Law, Matthew D. Adler Jan 1998

Rights Against Rules: The Moral Structure Of American Constitutional Law, Matthew D. Adler

Faculty Scholarship

Constitutional rights are conventionally thought to be "personal" rights. The successful constitutional litigant is thought to have a valid claim that some constitutional wrong has or would be been done "to her"; the case of "overbreadth," where a litigant prevails even though her own conduct is permissibly regulated, is thought to be unique to the First Amendment. This "personal" or "as-applied" view of constitutional adjudication has been consistently and pervasively endorsed by the Supreme Court, and is standardly adopted by legal scholars.

In this Article, I argue that the conventional view is incorrect. Constitutional rights, I claim, are rights against …


The New Etiquette Of Federalism: New York, Printz And Yeskey, Matthew D. Adler, Seth F. Kreimer Jan 1998

The New Etiquette Of Federalism: New York, Printz And Yeskey, Matthew D. Adler, Seth F. Kreimer

Faculty Scholarship

In New York v. United States, 505 U.S. 144 (1992), the Court revived "state sovereignty" as a justiciable constitutional constraint on federal mandates, and struck down portions of the Low-Level Radioactive Waste Policy Amendments Act on the grounds that the statute impermissibly "commandeered" state governments. Printz v. United States, 117 S.Ct. 2365 (1997), confirmed the anti-commandeering principle and relied upon it to invalidate elements of another federal statute, the Brady Act. This Article analyzes and criticizes the anti-commandeering jurisprudence, as it has emerged in New York, Printz, and a case decided by the Court last Term, Pennsylvania Department of Corrections …


Preliminary Observations: Asymmetrical Warfare And The Western Mindset, Charles J. Dunlap Jr. Jan 1998

Preliminary Observations: Asymmetrical Warfare And The Western Mindset, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


The Law Of Cyberwar: A Case Study From The Future, Charles J. Dunlap Jr. Jan 1998

The Law Of Cyberwar: A Case Study From The Future, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


The Gentleman’S Agreement In Legal Theory And In Modern Practice: United States, Herbert Bernstein, Joachim Zekoll Jan 1998

The Gentleman’S Agreement In Legal Theory And In Modern Practice: United States, Herbert Bernstein, Joachim Zekoll

Faculty Scholarship

No abstract provided.


Transcript Of The “Alumni” Panel On Discovery Reform, Paul D. Carrington Jan 1998

Transcript Of The “Alumni” Panel On Discovery Reform, Paul D. Carrington

Faculty Scholarship

No abstract provided.


Redefining A Profession, Richard A. Danner Jan 1998

Redefining A Profession, Richard A. Danner

Faculty Scholarship

No abstract provided.


Concretizing Human Rights, Laurence R. Helfer Jan 1998

Concretizing Human Rights, Laurence R. Helfer

Faculty Scholarship

reviewing Francisco Forest Martin et al., International Human Rights Law and Practice: Cases, Treaties and Materials (1997)


Don’T Ask, Just Tell: Insider Trading After United States V. O’Hagan, Kimberly D. Krawiec, Richard W. Painter, Cynthia A. Williams Jan 1998

Don’T Ask, Just Tell: Insider Trading After United States V. O’Hagan, Kimberly D. Krawiec, Richard W. Painter, Cynthia A. Williams

Faculty Scholarship

The United States Supreme Court validated the misappropriation theory in United States v. O'Hagan, but unfortunately rendered a confusing opinion that left many questions unresolved. In this article we discuss the history of the Supreme Court's Section 10(b) jurisprudence as it relates to insider trading, giving particular attention to the Court's insistence prior to O'Hagan that "a material misrepresentation or material failure to disclose," not merely a breach of fiduciary duty, must exist to impose liability under Section 10(b). We then discuss the pervasive inconsistencies among lower courts in interpreting the misappropriation theory, and how the O'Hagan decision does little …


Privately Legislated Intellectual Property Rights: Reconciling Freedom Of Contract With Public Good Uses Of Information, Jerome H. Reichman Jan 1998

Privately Legislated Intellectual Property Rights: Reconciling Freedom Of Contract With Public Good Uses Of Information, Jerome H. Reichman

Faculty Scholarship

No abstract provided.


The Lawyer As Agent, Deborah A. Demott Jan 1998

The Lawyer As Agent, Deborah A. Demott

Faculty Scholarship

No abstract provided.


The ‘Charming Betsy’ Canon And Separation Of Powers: Rethinking The Interpretive Role Of International Law, Curtis A. Bradley Jan 1998

The ‘Charming Betsy’ Canon And Separation Of Powers: Rethinking The Interpretive Role Of International Law, Curtis A. Bradley

Faculty Scholarship

No abstract provided.


Victims’ Rights And The Constitution: Moving From Guaranteeing Participatory Rights To Benefiting The Prosecution, Robert P. Mosteller Jan 1998

Victims’ Rights And The Constitution: Moving From Guaranteeing Participatory Rights To Benefiting The Prosecution, Robert P. Mosteller

Faculty Scholarship

No abstract provided.


A Revised Prospectus For A Third Restatement Of Agency, Deborah A. Demott Jan 1998

A Revised Prospectus For A Third Restatement Of Agency, Deborah A. Demott

Faculty Scholarship

No abstract provided.


The Concept Of Compliance As A Function Of Competing Conceptions Of International Law, Benedict Kingsbury Jan 1998

The Concept Of Compliance As A Function Of Competing Conceptions Of International Law, Benedict Kingsbury

Faculty Scholarship

No abstract provided.