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Articles 1 - 24 of 24

Full-Text Articles in Law

Privacy Wars: Eu Versus Us: Scattered Skirmishes, Storm Clouds Ahead., Allen E. Shoenberger Jan 2007

Privacy Wars: Eu Versus Us: Scattered Skirmishes, Storm Clouds Ahead., Allen E. Shoenberger

Faculty Publications & Other Works

No abstract provided.


Against Summary Judgment, John Bronsteen Jan 2007

Against Summary Judgment, John Bronsteen

Faculty Publications & Other Works

Summary judgment today is what settlement was twenty-five years ago: an increasingly popular and important form of dispute resolution, widely lauded for its efficiency, that has just begun to capture the full attention of civil procedure scholarship. Despite strong evidence that summary judgment violates the right to jury trial in civil cases guaranteed by the Seventh Amendment, most people assume this mechanism is necessary for our system to function at reasonable cost. This Article calls that assumption into question, suggesting that summary judgment actually costs us more than it saves and that our civil justice system would be both fairer …


Reading, Writing, And Race: The Constitutionality Of Educational Strategies Designed To Teach Racial Literacy., Michael J. Kaufman Jan 2007

Reading, Writing, And Race: The Constitutionality Of Educational Strategies Designed To Teach Racial Literacy., Michael J. Kaufman

Faculty Publications & Other Works

No abstract provided.


Neither Dyad Nor Triad: Children’S Relationship Interests Within Kinship Caregiving Families., Sacha M. Coupet Jan 2007

Neither Dyad Nor Triad: Children’S Relationship Interests Within Kinship Caregiving Families., Sacha M. Coupet

Faculty Publications & Other Works

No abstract provided.


Freedom To Integrate: A Desegregationist Perspective On The Thirteen Amendment., Alexander Tsesis Jan 2007

Freedom To Integrate: A Desegregationist Perspective On The Thirteen Amendment., Alexander Tsesis

Faculty Publications & Other Works

No abstract provided.


Class Actions And The Poor., Henry Rose Jan 2007

Class Actions And The Poor., Henry Rose

Faculty Publications & Other Works

No abstract provided.


Constitutional De-Segregation Strategies: Teaching Racial Literacy To Secondary School Students And Preferencing Racially-Literate Applicants To Higher Education, Michael J. Kaufman Jan 2007

Constitutional De-Segregation Strategies: Teaching Racial Literacy To Secondary School Students And Preferencing Racially-Literate Applicants To Higher Education, Michael J. Kaufman

Faculty Publications & Other Works

No abstract provided.


Pics In Focus: A Majority Of The Supreme Court Reaffirms The Constitutionality Of Race-Conscious School Integration Strategies., Michael J. Kaufman Jan 2007

Pics In Focus: A Majority Of The Supreme Court Reaffirms The Constitutionality Of Race-Conscious School Integration Strategies., Michael J. Kaufman

Faculty Publications & Other Works

No abstract provided.


Lessons From Laboratories Corp. Of America Holdings V. Metabolite Laboratories, Inc., Cynthia M. Ho Jan 2007

Lessons From Laboratories Corp. Of America Holdings V. Metabolite Laboratories, Inc., Cynthia M. Ho

Faculty Publications & Other Works

This article provides reflections on the scope of patentable subject matter, using the Supreme Court's recent consideration of Laboratory Corp. of America Holdings v. Metabolite Laboratories,Inc. as a springboard for discussion. A brief introduction to the case and the current standard of patentable subject matter are provided as a backdrop for discussion of the role of patentable subject matter in the overall scheme of patentability and patent enforcement. In addition, this article addresses potential repercussions of the case within the judicial and legislative arenas. This article concludes byoffering some broad-based issues for consideration, including both domestic and international implications.


Taking Voting Rights Seriously: Race And The Integrity Of Democracy In America., Steven A. Ramirez Jan 2007

Taking Voting Rights Seriously: Race And The Integrity Of Democracy In America., Steven A. Ramirez

Faculty Publications & Other Works

No abstract provided.


Consequences Of Heirs’ Misconduct: Moving From Rules To Discretion., Anne-Marie E. Rhodes Jan 2007

Consequences Of Heirs’ Misconduct: Moving From Rules To Discretion., Anne-Marie E. Rhodes

Faculty Publications & Other Works

No abstract provided.


The End Of Corporate Governance Law: Optimizing Regulatory Structures For A Race To The Top., Steven A. Ramirez Jan 2007

The End Of Corporate Governance Law: Optimizing Regulatory Structures For A Race To The Top., Steven A. Ramirez

Faculty Publications & Other Works

No abstract provided.


New Governance And Health Care Regulation., John D. Blum Jan 2007

New Governance And Health Care Regulation., John D. Blum

Faculty Publications & Other Works

No abstract provided.


Undermining Inalienable Rights: From Dred Scott To The Rehnquist Court., Alexander Tsesis Jan 2007

Undermining Inalienable Rights: From Dred Scott To The Rehnquist Court., Alexander Tsesis

Faculty Publications & Other Works

No abstract provided.


American Corporate Governance And Globalization., Steven A. Ramirez Jan 2007

American Corporate Governance And Globalization., Steven A. Ramirez

Faculty Publications & Other Works

No abstract provided.


The Subtlety Of State Action In Privatized Child Welfare Services., Sacha M. Coupet Jan 2007

The Subtlety Of State Action In Privatized Child Welfare Services., Sacha M. Coupet

Faculty Publications & Other Works

No abstract provided.


Models For Change: A Postmodern Initiative To Promote A Fair, Rational, And Effective Juvenile Justice System., Diane C. Geraghty Jan 2007

Models For Change: A Postmodern Initiative To Promote A Fair, Rational, And Effective Juvenile Justice System., Diane C. Geraghty

Faculty Publications & Other Works

No abstract provided.


The Not So Great Writ: The European Court Of Human Rights Finds Habeas Corpus And Inadequate Remedy: Should American Courts Reexamine The Writ., Allen E. Shoenberger Jan 2007

The Not So Great Writ: The European Court Of Human Rights Finds Habeas Corpus And Inadequate Remedy: Should American Courts Reexamine The Writ., Allen E. Shoenberger

Faculty Publications & Other Works

No abstract provided.


A New World Order For Addressing Patent Rights And Public Health., Cynthia M. Ho Jan 2007

A New World Order For Addressing Patent Rights And Public Health., Cynthia M. Ho

Faculty Publications & Other Works

No abstract provided.


The Special Interest Race To Ceo Primacy And The End Of Corporate Governance Law., Steven A. Ramirez Jan 2007

The Special Interest Race To Ceo Primacy And The End Of Corporate Governance Law., Steven A. Ramirez

Faculty Publications & Other Works

Recently, many respected business leaders have voiced concern that corporate governance in American public companies has moved toward CEO primacy or a "dictatorshipo f the CEO," and away from traditional notions of shareholder primacy. This article shows that this concern is well-founded. The current system of corporate governance tends toward management indulgences. This is clearly reflected in key legal elements of corporate governance, which embrace increasing laxity. New empirical evidence also suggests that the trend of corporate governance is away from more demanding standards that seem to reduce agency costs and enhance financial and economic performance. The model that best …


Elective Taxation Of Risk-Based Financial Instruments: A Proposal., Samuel D. Brunson Jan 2007

Elective Taxation Of Risk-Based Financial Instruments: A Proposal., Samuel D. Brunson

Faculty Publications & Other Works

No abstract provided.


Tsunamis, Hurricanes, Earthquakes, And Asteroids: Are We Ready For The Next 100 Years?, James T. Gathii Jan 2007

Tsunamis, Hurricanes, Earthquakes, And Asteroids: Are We Ready For The Next 100 Years?, James T. Gathii

Faculty Publications & Other Works

No abstract provided.


Action As The Fruit Of Contemplation: A Reply To Bryce, Donnelly, Kalscheur, And Nussbaum, John M. Breen Jan 2007

Action As The Fruit Of Contemplation: A Reply To Bryce, Donnelly, Kalscheur, And Nussbaum, John M. Breen

Faculty Publications & Other Works

No abstract provided.


(Still) Constitutional School De-Segregation Strategies: Teaching Racial Literacy To Secondary School Students And Preferencing Racially-Literate Applicants To Higher Education, Michael J. Kaufman Jan 2007

(Still) Constitutional School De-Segregation Strategies: Teaching Racial Literacy To Secondary School Students And Preferencing Racially-Literate Applicants To Higher Education, Michael J. Kaufman

Faculty Publications & Other Works

In Parents Involved in Community Schools v. Seattle School Dist. No. 1, the Supreme Court declared that it will continue to scrutinize race-conscious educational decisions to insure that they are narrowly-tailored to serve a compelling governmental interest. This Article develops a strategy for enhancing racial diversity at all levels of American public education that can survive that rigorous constitutional scrutiny. The Article shows that school districts may prove that assigning a meaningful number of racially diverse students to their secondary schools is narrowly-tailored to achieve their compelling educational interest in teaching racial literacy. The constitutionality of this race-conscious educational strategy …