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Articles 121 - 149 of 149
Full-Text Articles in Law
Presentation: Death Penalty Symposium, Walter E. Dellinger Iii
Presentation: Death Penalty Symposium, Walter E. Dellinger Iii
Faculty Scholarship
No abstract provided.
Dual Sovereignty, Federalism And National Criminal Law: Modernist Constitutional Doctrine And The Nonrole Of The Supreme Court, William W. Van Alstyne
Dual Sovereignty, Federalism And National Criminal Law: Modernist Constitutional Doctrine And The Nonrole Of The Supreme Court, William W. Van Alstyne
Faculty Scholarship
This paper examines the growing movement away from the functional nature of federalism contained within the Constitution toward a federalist system that gives extensive discretion to Congress and is only limited by political checks. This political system of federalism has limited the role of the Court in national criminal law because of the deference the Court is expected to give Congress.
Warrior Bards, Kevin Mccarthy, Michael E. Tigar
Warrior Bards, Kevin Mccarthy, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Practice Guidelines For Medical Care: The Policy Rationale, Clark C. Havighurst
Practice Guidelines For Medical Care: The Policy Rationale, Clark C. Havighurst
Faculty Scholarship
No abstract provided.
The Uses Of State Constitutional History: A Case Note, H. Jefferson Powell
The Uses Of State Constitutional History: A Case Note, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
The Greening Of American Energy Policy, James Salzman, Ellyn R. Weiss
The Greening Of American Energy Policy, James Salzman, Ellyn R. Weiss
Faculty Scholarship
No abstract provided.
Foreword: Symposium On Law And Medicine, Clark C. Havighurst
Foreword: Symposium On Law And Medicine, Clark C. Havighurst
Faculty Scholarship
No abstract provided.
Stereotypic Alchemy: Transformative Stereotypes And Antidiscrimination Law, Madeline Morris
Stereotypic Alchemy: Transformative Stereotypes And Antidiscrimination Law, Madeline Morris
Faculty Scholarship
No abstract provided.
Abortion And The Supreme Court: The Retreat From Roe V. Wade, Walter E. Dellinger Iii, Gene B. Sperling
Abortion And The Supreme Court: The Retreat From Roe V. Wade, Walter E. Dellinger Iii, Gene B. Sperling
Faculty Scholarship
No abstract provided.
A Theory Of Political Control And Agency Discretion, Randall L. Calvert, Mathew D. Mccubbins, Barry R. Weingast
A Theory Of Political Control And Agency Discretion, Randall L. Calvert, Mathew D. Mccubbins, Barry R. Weingast
Faculty Scholarship
A major issue in the study of American politics is the extent to which electoral discipline also constrains bureaucrats. In practice, executive agencies operate with considerable independence from elected officials. However,the entire process of policy execution is a game among legislators.the chief executive. and bureaucratic agents. It includes the initial delegation of authority, the choice of policy alternatives,and opportunities for oversight and control. A simple model of this process demonstrates an important distinction between bureaucratic authority and bureaucratic discretion. Indeed.in its simplest form, the model predicts a world in which bureaucrats are the sole active participants in policymaking, but in …
Feminist Legal Methods, Katharine T. Bartlett
Feminist Legal Methods, Katharine T. Bartlett
Faculty Scholarship
No abstract provided.
A Senate Of Five: An Essay On Sexuality And Law, Paul D. Carrington
A Senate Of Five: An Essay On Sexuality And Law, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Intellectual Property In International Trade: Opportunities And Risks Of A Gatt Connection, Jerome H. Reichman
Intellectual Property In International Trade: Opportunities And Risks Of A Gatt Connection, Jerome H. Reichman
Faculty Scholarship
Professor Reichman uncovers a paradox at the heart of the debate about bringing international intellectual property relations within a GATT Code of Conduct. On the one hand, the industrialized countries that subscribe to free-market principles at home want to impose a highly regulated market for intellectual goods on the rest of the world, one in which authors and inventors may "reap where they have sown." On the other hand, the developing countries that restrict free competition at home envision a totally unregulated world market for intellectual goods, one in which "competition is the lifeblood of commerce." To unravel this paradox, …
When Good Preferences Go Bad: A Critical Analysis Of The Anti-Tax Shelter Provisions Of The Tax Reform Act Of 1986, Lawrence A. Zelenak
When Good Preferences Go Bad: A Critical Analysis Of The Anti-Tax Shelter Provisions Of The Tax Reform Act Of 1986, Lawrence A. Zelenak
Faculty Scholarship
No abstract provided.
Resolving Mature Mass Tort Litigation, Francis Mcgovern
Resolving Mature Mass Tort Litigation, Francis Mcgovern
Faculty Scholarship
This is the third in a series of articles designed to propose a functional approach for managing complex litigation. These articles argue that sufficient flexibility exists in our civil litgation system to include and encourage evolving forms of dispute resolution and that effective judicial management and increased use of cooperative and inquisitorial techniques in experimental applications will lead inductively to superior approaches for coping with difficult cases. Part I of this article is a study of the Jenkins v. Raymark class action; Part II repeats the case study methodology examining In re A.H. Robins Company. Part III then proposes alternative …
Foreword: The Vanishing Constitution, Erwin Chemerinsky
Foreword: The Vanishing Constitution, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Design Protection And The New Technologies: The United States Experience In A Transnational Perspective, Jerome H. Reichman
Design Protection And The New Technologies: The United States Experience In A Transnational Perspective, Jerome H. Reichman
Faculty Scholarship
No abstract provided.
Managing The Law Library In The 1990’S, Richard A. Danner
Managing The Law Library In The 1990’S, Richard A. Danner
Faculty Scholarship
No abstract provided.
Judges, Lawyers And The Penalty Of Death, Michael E. Tigar
Judges, Lawyers And The Penalty Of Death, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Changing Perceptions Into Reality: Fiduciary Standards To Match The American Directors’ Monitoring Function, James D. Cox
Changing Perceptions Into Reality: Fiduciary Standards To Match The American Directors’ Monitoring Function, James D. Cox
Faculty Scholarship
This paper describes the historical fiduciary obligations of the American outside director and contrasts those obligations with prevailing obligations in today’s environment of the monitoring director. Special attention is devoted to the role of outside directors when their firm is the target of a takeover. In no other context are the demands on the outside director greater and more strain placed on the monitoring model than in the context of a corporate takeover. The final section of this paper examines the relief modern statutory provisions provide to the director and the monitoring function
Renegotiation And Specific Performance, Tracy R. Lewis, Martin K. Perry, David E.M. Sappington
Renegotiation And Specific Performance, Tracy R. Lewis, Martin K. Perry, David E.M. Sappington
Law and Contemporary Problems
No abstract provided.
Computer Programs As Applied Scientific Know-How: Implications Of Copyright Protection For Commercialized University Research, Jerome H. Reichman
Computer Programs As Applied Scientific Know-How: Implications Of Copyright Protection For Commercialized University Research, Jerome H. Reichman
Faculty Scholarship
No abstract provided.
The Question’S Not Clear, But Party Government Is Not The Answer, Erwin Chemerinsky
The Question’S Not Clear, But Party Government Is Not The Answer, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Surrogate Parenthood: Finding A North Carolina Solution, Katharine T. Bartlett
Surrogate Parenthood: Finding A North Carolina Solution, Katharine T. Bartlett
Faculty Scholarship
No abstract provided.
The Economics Of Contract Law, Michael J. Meurer
The Economics Of Contract Law, Michael J. Meurer
Law and Contemporary Problems
No abstract provided.
The Design And Duration Of Contracts: Strategic And Efficiency Considerations, Scott E. Masten, Edward A. Snyder
The Design And Duration Of Contracts: Strategic And Efficiency Considerations, Scott E. Masten, Edward A. Snyder
Law and Contemporary Problems
No abstract provided.
Antitrust Restrictions On Trade Secret Licensing: A Legal Review And Economic Analysis, Elizabeth Miller
Antitrust Restrictions On Trade Secret Licensing: A Legal Review And Economic Analysis, Elizabeth Miller
Law and Contemporary Problems
No abstract provided.