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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
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
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
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
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
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
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
Legal Positivism And Federalism: The Certification Experience, Paul A. Lebel
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
Deterrence And Desert In Tort: A Comment, David G. Owen
Faculty Publications
No abstract provided.
A Message From The New Dean, Timothy J. Sullivan
A Message From The New Dean, Timothy J. Sullivan
Faculty Publications
No abstract provided.
Book Review Of The Second American Revolution, Neal Devins
Book Review Of The Second American Revolution, Neal Devins
Faculty Publications
No abstract provided.
The Origins Of Property In England, Robert C. Palmer
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
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
The "Facts" Of Federal Subject Matter Jurisdiction, William P. Marshall
Faculty Publications
No abstract provided.
Territorial Authority And Personal Jurisdiction, Arthur M. Weisburd
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
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
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
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
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
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
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
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
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
Transfer Of Jurisdiction From The Juvenile Court, Paul C. Giannelli
Faculty Publications
No abstract provided.
Firearms And Toolmark Evidence, Paul C. Giannelli
Firearms And Toolmark Evidence, Paul C. Giannelli
Faculty Publications
No abstract provided.
Polygraph And Deception Tests: Part Ii, Paul C. Giannelli
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
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
Faculty Publications
No abstract provided.
Introduction And Welcome, Gerald F. Uelmen
Jurisdiction And The Japanese Defendant, Robert Peterson
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.