Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (3470)
- Social and Behavioral Sciences (2848)
- International Law (2555)
- Criminal Law (1974)
- Civil Rights and Discrimination (1645)
-
- Human Rights Law (1525)
- Law and Society (1505)
- Environmental Law (1427)
- Intellectual Property Law (1420)
- Comparative and Foreign Law (1359)
- Legal Education (1347)
- Legal History (1294)
- Arts and Humanities (1266)
- Health Law and Policy (1216)
- Business Organizations Law (1012)
- Jurisprudence (991)
- Labor and Employment Law (988)
- Criminal Procedure (920)
- Law and Economics (918)
- Legal Ethics and Professional Responsibility (907)
- Family Law (897)
- Legal Writing and Research (874)
- Contracts (827)
- Legal Profession (824)
- Courts (816)
- Tax Law (800)
- Administrative Law (761)
- Property Law and Real Estate (757)
- Commercial Law (744)
- Keyword
-
- Constitutional Law (1338)
- International Law (858)
- Environmental Law (763)
- Law and Society (659)
- Selected Professional Activities (586)
-
- Law (583)
- Human rights (505)
- Jurisprudence (481)
- Criminal Law and Procedure (467)
- Constitutional law (445)
- International law (430)
- Civil Rights (401)
- Intellectual Property Law (392)
- Law and Economics (392)
- Legal Education (388)
- Courts (375)
- Economics (363)
- Civil rights (333)
- Copyright (330)
- Corporations (321)
- Legal education (310)
- Legal History (307)
- Environmental law (305)
- First Amendment (305)
- Law and Technology (297)
- Torts (295)
- Contracts (294)
- Politics (290)
- Health Law and Policy (289)
- Human Rights Law (288)
- Publication Year
- Publication
-
- Erwin Chemerinsky (280)
- Hon. Gerald Lebovits (255)
- Daniel A Farber (254)
- Peter J. Aschenbrenner (214)
- Carmen G. Gonzalez (213)
-
- Timothy P. O'Neill (204)
- Alvin C. Harrell (189)
- Thomas L. Shaffer (188)
- Peter K. Yu (183)
- Neal E. Devins (179)
- Kent Greenfield (164)
- Charles H. Baron (159)
- Lauren Edelman (144)
- Andrew P. Morriss (142)
- Thomas D. Lyon (132)
- Alan E Garfield (124)
- David A. Wirth (122)
- Paulo Ferreira da Cunha (121)
- Richard W Garnett (118)
- Stephen D Sugarman (116)
- Hugh J. Ault (106)
- Michael E Lewyn (106)
- Pamela Samuelson (105)
- John C. Dernbach (104)
- Kembrew McLeod (100)
- Daniel R. Coquillette (97)
- David D. Caron (96)
- Daniel Lyons (91)
- Francine T. Sherman (91)
- Thomas C. Kohler (91)
Articles 991 - 1020 of 39935
Full-Text Articles in Law
Diagnosing Liberal Resistance To Needed Child Welfare Reforms, James G. Dwyer
Diagnosing Liberal Resistance To Needed Child Welfare Reforms, James G. Dwyer
James G. Dwyer
No abstract provided.
Equality Between Adults And Children: Its Meaning, Implications, And Opposition, James G. Dwyer
Equality Between Adults And Children: Its Meaning, Implications, And Opposition, James G. Dwyer
James G. Dwyer
Family law scholars have devoted much attention to equality among groups of adults and some attention to equality between groups of children. There has been little exploration, however, of the notion of equality between adults and children. In this Article, I first explain what it means at a basic, theoretical level to speak of such equality. I then identify some practical implications. Finally, I consider why there is great resistance to many practical implications of children's equality, even among those who would consider themselves advocates for child welfare.
Constitutional Birthright: The State, Parentage, And The Rights Of Newborn Persons, James G. Dwyer
Constitutional Birthright: The State, Parentage, And The Rights Of Newborn Persons, James G. Dwyer
James G. Dwyer
State parentage laws, dictating who a newborn child's first legal parents will be, have been the subject of constitutional challenges in several U.S. Supreme Court and many lower court decisions. All of those decisions, however, have focused on constitutional rights of adults (especially unwed biological fathers) who wish to become, or to avoid becoming, legal parents. Neither courts nor legal scholars have considered whether the children have any constitutional rights that constrain legislatures and courts in deciding which adults will be their legal parents. If a state enacted a parentage law that said, for example, that any child born to …
Children's Interests In A Family Context - A Cautionary Note, James G. Dwyer
Children's Interests In A Family Context - A Cautionary Note, James G. Dwyer
James G. Dwyer
No abstract provided.
Book Review Of The Child Cases: How America's Religious Exemption Laws Harm Children, James G. Dwyer
Book Review Of The Child Cases: How America's Religious Exemption Laws Harm Children, James G. Dwyer
James G. Dwyer
No abstract provided.
Book Review Of The Best Interests Of The Child In Healthcare, James G. Dwyer
Book Review Of The Best Interests Of The Child In Healthcare, James G. Dwyer
James G. Dwyer
No abstract provided.
A Child-Centered Approach To Parentage Law, James G. Dwyer
A Child-Centered Approach To Parentage Law, James G. Dwyer
James G. Dwyer
No abstract provided.
A Child-Centered View Of Foster Parenting By Same-Sex Couples, James G. Dwyer
A Child-Centered View Of Foster Parenting By Same-Sex Couples, James G. Dwyer
James G. Dwyer
No abstract provided.
A Taxonomy Of Children's Existing Rights In State Decision Making About Their Relationships, James G. Dwyer
A Taxonomy Of Children's Existing Rights In State Decision Making About Their Relationships, James G. Dwyer
James G. Dwyer
No abstract provided.
The Natural Property Rights Straitjacket: The Takings Clause, Taxation, And Excessive Rigidity, Eric Kades
The Natural Property Rights Straitjacket: The Takings Clause, Taxation, And Excessive Rigidity, Eric Kades
Eric A. Kades
Natural property rights theories have become the primary lens through which conservative jurists and scholars view the Constitution’s main property rights provision, the Takings Clause. One of their most striking arguments is that progressive income taxation — applying higher tax rates to higher incomes — is an unconstitutional taking of wealthy taxpayers’ property. This has become part and parcel of well-established battle lines between conservative property rights advocates and their liberal counterparts. What has gone unnoticed is that the very same argument deployed against progressive taxation also deems regressive taxation — applying lower tax rates to higher incomes — an …
Windfalls, Eric Kades
The Laws Of Complexity & The Complexity Of Laws: The Implications Of Computational Complexity Theory For The Law, Eric Kades
Eric A. Kades
No abstract provided.
Professor Stephen H. Schulman, Peter J. Henning, Eric Kades
Professor Stephen H. Schulman, Peter J. Henning, Eric Kades
Eric A. Kades
No abstract provided.
The End Of The Hudson Valley's Peculiar Institution: The Anti-Rent Movement's Politics, Social Relations, & Economics, Eric Kades
Eric A. Kades
No abstract provided.
Of Piketty And Perpetuities: Dynastic Wealth In The Twenty-First Century (And Beyond), Eric Kades
Of Piketty And Perpetuities: Dynastic Wealth In The Twenty-First Century (And Beyond), Eric Kades
Eric A. Kades
For the first time since independence, in a nation founded in large part on the rejection of a fixed nobility determined by birth and perpetuated by inheritance, America is paving the way for the creation of dynastic family wealth. Abolition of the Rule Against Perpetuities in over half the states along with sharp reductions in, and likely elimination of, the federal estate tax mean that there soon will be no obstacles to creating large pools of dynastic wealth insuring lavish incomes to heirs for generations without end. The timing of these legal changes could hardly be worse. Marshaling innovative economic …
Giving Credit Where Credit Is Due: Reducing Inequality With A Progressive State Tax Credit, Eric Kades
Giving Credit Where Credit Is Due: Reducing Inequality With A Progressive State Tax Credit, Eric Kades
Eric A. Kades
No abstract provided.
Preserving A Precious Resource: Rationalizing The Use Of Antibiotics, Eric Kades
Preserving A Precious Resource: Rationalizing The Use Of Antibiotics, Eric Kades
Eric A. Kades
No abstract provided.
Avoiding Takings “Accidents”: A Torts Perspective On Takings Law, Eric Kades
Avoiding Takings “Accidents”: A Torts Perspective On Takings Law, Eric Kades
Eric A. Kades
Viewing the Takings Clause of the Fifth Amendment as a form of insurance appeals to our intuition. The government, like fire, does not often "take" property, but when faced with extraordinary risk property owners naturally desire compensation. Recent scholarship, however, has dissolved the attractiveness of this perspective. This literature, through economic analysis, claims that the Takings Clause should be repealed and replaced with private takings insurance. This is the "no-compensation" result. This article argues that the insurance-based understanding of the just compensation requirement can be preserved without reaching the surprising no-compensation result. The intuitive appeal of understanding the Takings Clause …
A Windfall For The Magnates: The Development Of Woodland Ownership In Denmark, Eric Kades
A Windfall For The Magnates: The Development Of Woodland Ownership In Denmark, Eric Kades
Eric A. Kades
No abstract provided.
A Progressive Federal Tax Credit For State Tax Payments, Eric Kades
A Progressive Federal Tax Credit For State Tax Payments, Eric Kades
Eric A. Kades
No abstract provided.
Foreword: Property Rights And Economic Development, Eric Kades
Foreword: Property Rights And Economic Development, Eric Kades
Eric A. Kades
No abstract provided.
Freezing The Company Charter, Eric Kades
Freezing The Company Charter, Eric Kades
Eric A. Kades
When legislatures alter corporate, partnership, and other business entity statutes, they simultaneously amend the governing document of all entities of that type formed within the jurisdiction. In many circumstances these business entities may wish to retain existing rules for internal governance. This Article offers a novel tool for firms wishing to so manage their own legal transitions: the "charter freeze." A freeze provision in the company charter declares that future (non-mandatory) changes in relevant statutes have no effect on the firm. Owners may affirmatively adopt the new rules, but choose to exercise complete control over their adoption vel non of …
Drawing The Line Between Taxes And Takings: The Continuous Burdens Principle, And Its Broader Application, Eric Kades
Drawing The Line Between Taxes And Takings: The Continuous Burdens Principle, And Its Broader Application, Eric Kades
Eric A. Kades
No abstract provided.
Why States Should Ban Adolescent Driving (Cont'd), Vivian E. Hamilton
Why States Should Ban Adolescent Driving (Cont'd), Vivian E. Hamilton
Vivian E. Hamilton
No abstract provided.
Will Marriage Promotion Work?, Vivian E. Hamilton
Will Marriage Promotion Work?, Vivian E. Hamilton
Vivian E. Hamilton
No abstract provided.
The Age Of Marital Capacity: Reconsidering Civil Recognition Of Adolescent Marriage, Vivian E. Hamilton
The Age Of Marital Capacity: Reconsidering Civil Recognition Of Adolescent Marriage, Vivian E. Hamilton
Vivian E. Hamilton
Age at marriage has for decades been the strongest and most unequivocal predictor of marital failure. The likelihood of divorce nears eighty percent for those who marry in mid-adolescence, then drops steadily. Delaying marriage until the mid-twenties reduces one’s likelihood of divorce to thirty percent. Women who marry at age twenty-one or younger, moreover – and one in ten U.S. women do – experience worse mental and physical health, attain less education, and earn lower wages than those who marry later. Post-divorce, they and their children tend to endure even greater economic deprivation and instability than do never-married mothers, who …
Why We Should Raise The Marriage Age, Vivian E. Hamilton
Why We Should Raise The Marriage Age, Vivian E. Hamilton
Vivian E. Hamilton
No abstract provided.
Principles Of U.S. Family Law, Vivian E. Hamilton
Principles Of U.S. Family Law, Vivian E. Hamilton
Vivian E. Hamilton
What explains U.S. family law? What are the origins of the current chaos and controversy in the field, the home of some of the most vituperative debates in public policy? To answer these questions, this Article identifies and examines family law's foundational principles. It undertakes a conceptual analysis of the legal practices that govern families. This analysis has yet to be done, and its absence hamstrings constructive thought on our family law. The Article develops a typology that conceptualizes U.S. family law and exposes its underlying principles. First, it identifies the significant elements, or rules, of family law. Second, it …
Why States Should Ban Adolescent Driving, Vivian E. Hamilton
Why States Should Ban Adolescent Driving, Vivian E. Hamilton
Vivian E. Hamilton
No abstract provided.
Symposium Introduction: The Religion Clauses In The 21st Century, William P. Marshall, Vivian E. Hamilton, John E. Taylor
Symposium Introduction: The Religion Clauses In The 21st Century, William P. Marshall, Vivian E. Hamilton, John E. Taylor
Vivian E. Hamilton
No abstract provided.