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Faculty Publications

Series

1985

Discipline
Institution
Keyword

Articles 1 - 30 of 62

Full-Text Articles in Law

The Intellectual Development Of Modern Products Liability Law: A Comment On Priest's View Of The Cathedral's Foundations, David G. Owen Dec 1985

The Intellectual Development Of Modern Products Liability Law: A Comment On Priest's View Of The Cathedral's Foundations, David G. Owen

Faculty Publications

No abstract provided.


Reflections Upon Federal And State Control Of Administrative Policy Making, Paul R. Verkuil Oct 1985

Reflections Upon Federal And State Control Of Administrative Policy Making, Paul R. Verkuil

Faculty Publications

No abstract provided.


Allocating Consumptive Water Rights In A Riparian Jurisdiction: Defining The Relationship Between Public And Private Interests, Lynda L. Butler Oct 1985

Allocating Consumptive Water Rights In A Riparian Jurisdiction: Defining The Relationship Between Public And Private Interests, Lynda L. Butler

Faculty Publications

Historically, water consumption in the eastern United States has been governed by the common-law riparian doctrine. Fashioned to protect the domestic uses of private individuals in a largely agrarian society, the doctrine is not well suited to today's environment in which the demands of public users have grown enormously. Even in the East, where water has long been abundant, the effects of increased consumption, pollution, and periodic drought have brought the continued viability of the doctrine into question. Professor Butler examines the legal standards which have developed under the riparian doctrine and identifies three principal areas in which the doctrine …


A Constitutional Right To Home Instruction?, Neal Devins Oct 1985

A Constitutional Right To Home Instruction?, Neal Devins

Faculty Publications

No abstract provided.


The Economic And Cultural Impact Of The Origins Of Property: 1180-1220, Robert C. Palmer Oct 1985

The Economic And Cultural Impact Of The Origins Of Property: 1180-1220, Robert C. Palmer

Faculty Publications

No abstract provided.


The Place Of Procedural Control In Determining Who May Sue Or Be Sued: Lessons In Statutory Interpretation From Civil Rico And Sedima, Douglas E. Abrams Oct 1985

The Place Of Procedural Control In Determining Who May Sue Or Be Sued: Lessons In Statutory Interpretation From Civil Rico And Sedima, Douglas E. Abrams

Faculty Publications

When a federal court resolves equipoise in its effort to determine the contours of a litigant class created by an express private cause of action, the court should consider the control that the Federal Rules of Civil Procedure, taken as a whole, exercise on the conduct of litigation. With civil RICO as background, part II presents this thesis and discusses the circumstances in which procedural control would be an element supporting a determination *1481 that Congress created a broad litigant class. Implicit in the notion of equipoise is the threshold recognition that when a court engages in statutory interpretation, it …


The Trouble With Jaycees, Neal Devins Jul 1985

The Trouble With Jaycees, Neal Devins

Faculty Publications

No abstract provided.


Legal Positivism And Federalism: The Certification Experience, Paul A. Lebel Jul 1985

Legal Positivism And Federalism: The Certification Experience, Paul A. Lebel

Faculty Publications

No abstract provided.


Deterrence And Desert In Tort: A Comment, David G. Owen May 1985

Deterrence And Desert In Tort: A Comment, David G. Owen

Faculty Publications

No abstract provided.


A Message From The New Dean, Timothy J. Sullivan Apr 1985

A Message From The New Dean, Timothy J. Sullivan

Faculty Publications

No abstract provided.


Book Review Of The Second American Revolution, Neal Devins Apr 1985

Book Review Of The Second American Revolution, Neal Devins

Faculty Publications

No abstract provided.


The Origins Of Property In England, Robert C. Palmer Apr 1985

The Origins Of Property In England, Robert C. Palmer

Faculty Publications

No abstract provided.


The Article 2 Merchant Rules: Karl Llewellyn's Attempt To Achieve The Good, The True, The Beautiful In Commercial Law, Ingrid Michelsen Hillinger Jan 1985

The Article 2 Merchant Rules: Karl Llewellyn's Attempt To Achieve The Good, The True, The Beautiful In Commercial Law, Ingrid Michelsen Hillinger

Faculty Publications

No abstract provided.


The "Facts" Of Federal Subject Matter Jurisdiction, William P. Marshall Jan 1985

The "Facts" Of Federal Subject Matter Jurisdiction, William P. Marshall

Faculty Publications

No abstract provided.


Territorial Authority And Personal Jurisdiction, Arthur M. Weisburd Jan 1985

Territorial Authority And Personal Jurisdiction, Arthur M. Weisburd

Faculty Publications

No abstract provided.


The Naked Public Square: Religion And Democracy In America , Carl H. Esbeck Jan 1985

The Naked Public Square: Religion And Democracy In America , Carl H. Esbeck

Faculty Publications

A crisis of confidence in our institutions and talk about loss of life's purpose are everywhere. Sociologists describe the modern individual's sense of isolation, his so-called spiritual homelessness, his weakening sense of values, and his bewilderment in the face of seemingly impersonal forces before which he feels helpless and often victimized.


Installment Land Contracts--The National Scene Revisited, Dale A. Whitman, Grant S. Nelson Jan 1985

Installment Land Contracts--The National Scene Revisited, Dale A. Whitman, Grant S. Nelson

Faculty Publications

In 1977 we published an article in this Review that discussed the legal aspects of the installment land contract. The installment contract was then, and continues to be, widely used as a device for seller financing of real estate. In our judgment, and increasingly in the judgment of the courts, that is a mistake. Few situations, if any, would lead an informed lawyer to advise his client to use an installment contract rather than its financing cousin, the note secured by a mortgage or deed of trust. Since the prior article was published, the courts have continued to place impediments …


When Can An Employee Sue For The Bad Faith Failure To Pay Benefits Provided By A Collective Bargaining Agreement?, Jay E. Grenig Jan 1985

When Can An Employee Sue For The Bad Faith Failure To Pay Benefits Provided By A Collective Bargaining Agreement?, Jay E. Grenig

Faculty Publications

No abstract provided.


Damages Awards In International Flight Disasters: The Court Takes Another Look, Michael Peter Waxman Jan 1985

Damages Awards In International Flight Disasters: The Court Takes Another Look, Michael Peter Waxman

Faculty Publications

No abstract provided.


Compelling Dumping In The United States: Can Foreign Governments Shield Unfair Trade Practices?, Michael P. Waxman Jan 1985

Compelling Dumping In The United States: Can Foreign Governments Shield Unfair Trade Practices?, Michael P. Waxman

Faculty Publications

No abstract provided.


Please Fasten Your Safety Belts For Landing: The Law Of Recovery And Liability In International Flights, Michael P. Waxman Jan 1985

Please Fasten Your Safety Belts For Landing: The Law Of Recovery And Liability In International Flights, Michael P. Waxman

Faculty Publications

No abstract provided.


Foreward: The Use And Control Of Punitive Damages, David Owen Jan 1985

Foreward: The Use And Control Of Punitive Damages, David Owen

Faculty Publications

No abstract provided.


Use Of Government Funding And Taxing Power To Regulate Schools, Carl H. Esbeck, Kline Capps Jan 1985

Use Of Government Funding And Taxing Power To Regulate Schools, Carl H. Esbeck, Kline Capps

Faculty Publications

The past two decades in America have witnessed a resurgence of interest in religious-based schooling. Manifestations of this trend are evident in the increased number of primary and secondary students enrolled in religious schools and the rapidity with which new church-affiliated schools are being opened.


Transfer Of Jurisdiction From The Juvenile Court, Paul C. Giannelli Jan 1985

Transfer Of Jurisdiction From The Juvenile Court, Paul C. Giannelli

Faculty Publications

No abstract provided.


Firearms And Toolmark Evidence, Paul C. Giannelli Jan 1985

Firearms And Toolmark Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.


Polygraph And Deception Tests: Part Ii, Paul C. Giannelli Jan 1985

Polygraph And Deception Tests: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.


Defining "Legitimacy" In Disparate Treatment Cases: Motivational Inferences As A Talisman For Analysis, Mack Player Jan 1985

Defining "Legitimacy" In Disparate Treatment Cases: Motivational Inferences As A Talisman For Analysis, Mack Player

Faculty Publications

No abstract provided.


Applicants, Applicants In The Hall, Who's The Fairest Of Them All? Comparing Qualifications Under Employment Discrimination Law, Mack Player Jan 1985

Applicants, Applicants In The Hall, Who's The Fairest Of Them All? Comparing Qualifications Under Employment Discrimination Law, Mack Player

Faculty Publications

No abstract provided.


Introduction And Welcome, Gerald F. Uelmen Jan 1985

Introduction And Welcome, Gerald F. Uelmen

Faculty Publications

No abstract provided.


Jurisdiction And The Japanese Defendant, Robert Peterson Jan 1985

Jurisdiction And The Japanese Defendant, Robert Peterson

Faculty Publications

This article considers some of the current tactical and legal issues counsel must face in bringing the Japanese defendant into an American court. Much of the discussion is also relevant to service in other foreign countries. The article concludes with a recipe for the proper preparation of service of process which the Japanese defendant should find irresistible.