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Full-Text Articles in Law
Privacy Wars: Eu Versus Us: Scattered Skirmishes, Storm Clouds Ahead., Allen E. Shoenberger
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
(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 …