Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (29)
- Criminal Law (10)
- International Law (9)
- Civil Rights and Discrimination (8)
- Courts (8)
-
- Social and Behavioral Sciences (8)
- Criminal Procedure (7)
- First Amendment (7)
- Health Law and Policy (7)
- Intellectual Property Law (7)
- Legal Education (6)
- Litigation (6)
- Dispute Resolution and Arbitration (5)
- Internet Law (5)
- Legal History (5)
- Supreme Court of the United States (5)
- Tax Law (5)
- Administrative Law (4)
- Business Organizations Law (4)
- Evidence (4)
- Torts (4)
- Family Law (3)
- Labor and Employment Law (3)
- Law and Economics (3)
- Legal Ethics and Professional Responsibility (3)
- Legislation (3)
- President/Executive Department (3)
- Property Law and Real Estate (3)
- Race and Ethnicity (3)
- Institution
- Keyword
-
- Constitutional Law (9)
- Constitution (6)
- Book review (5)
- First amendment (5)
- Law (5)
-
- Evidence (4)
- Internet (4)
- Litigation (4)
- Politics (4)
- Religion (4)
- United States Supreme Court (4)
- Alternative dispute resolution (3)
- Civil Rights (3)
- Dispute resolution (3)
- Employment (3)
- Federal sentencing guidelines (3)
- Jurisprudence (3)
- Administrative Law (2)
- Adr (2)
- Affirmative Action (2)
- African Americans (2)
- Bill Clinton (2)
- Bob Jones University v. United States (461 U.S. 574 (1983)) (2)
- Co-branded site (2)
- Co-branding agreements (2)
- Contracts (2)
- Corporation Law (2)
- Courts (2)
- Deregulation (2)
- Discrimination (2)
Articles 151 - 179 of 179
Full-Text Articles in Law
Circumvention Of The Bankruptcy Process: The Statutory Institutionalization Of Securitization, Lois R. Lupica
Circumvention Of The Bankruptcy Process: The Statutory Institutionalization Of Securitization, Lois R. Lupica
Faculty Publications
The Article 9 changes address two fundamental issues relevant to securitization transaction participants: (i) the characterization of the asset transfer, and (ii) the clarity and certainty of the process taken to perfect the transferee's interest in the assets. These changes will eliminate some of the uncertainty that asset-backed security investors and securitization originators face. What the Article 9 changes will also do, however, when read in conjunction with the amendments to the Bankruptcy Code, will be to allow certain financial market participants to avoid participation in the bankruptcy process, notwithstanding their provision of financing to a debtor in bankruptcy. A …
Transition Losses In The Electric Power Market: A Challenge To The Premises Underlying The Arguments For Compensation, Lois R. Lupica
Transition Losses In The Electric Power Market: A Challenge To The Premises Underlying The Arguments For Compensation, Lois R. Lupica
Faculty Publications
In this Article, Professor Lois R. Lupica examines whether the electric utility industry, currently j.n the midst of deregulation, ought to sustain the resulting transition losses. Due to the signifi· cant modification of legal rules affecting the electric power market and changes in regulatory policy, the utilities currently have expenditures and expectations that are unrecoverable in a competitive market. In recent years, momentum has moved in the direction of compensating the electric utilities and their investors for these losses. Professor Lupica challenges the arguments for transition loBS recovery and ultimately concludes that the doctrinal premises in support oftransition loss recovery …
Marriage Law And Family Law: Autonomy, Interdependence, And Couples Of The Same Gender, Jennifer Wriggins
Marriage Law And Family Law: Autonomy, Interdependence, And Couples Of The Same Gender, Jennifer Wriggins
Faculty Publications
The Article argues for the recognition of same-sex marriage from a normative and family law perspective, rather than a rights perspective. Contemporary family law and marriage law in the United States have been criticized by communitarian scholars and others as being too focused on individuals and individual fulfillment. These critiques make some valid points. It is also important, however, to emphasize that contemporary marriage law, for the first time, presents a model of equality and of reciprocal obligations.
The Article articulates a broad framework of the functions of family and marriage law, drawing on work by Carl Schneider and Mary …
Fashionable Genetic Explanations In The Courtroom: Litigating Personal Injuries Based On Genetic Risk, Jennifer Wriggins
Fashionable Genetic Explanations In The Courtroom: Litigating Personal Injuries Based On Genetic Risk, Jennifer Wriggins
Faculty Publications
New developments in molecular genetics hold much promise for society. Gene therapy research is underway with the aim of helping to fight, and perhaps even eliminate some diseases. DNA data can be used as evidence to help free innocent people and put guilty ones in jail. Agricultural biotechnology can make crops and pesticides more productive. And cloning may offer exciting potential. There is little doubt that further· developments in the areas of genetics and biotechnology will change our lives in unanticipated ways.
Despite the potential benefits to society, there exist valid and serious I concerns about the potential for misuse …
Kosovo's War Victims: Civil Compensation Or Criminal Justice For Indentity Elimination?, Irene Scharf
Kosovo's War Victims: Civil Compensation Or Criminal Justice For Indentity Elimination?, Irene Scharf
Faculty Publications
This Article is presented in three Parts. The first Part examines the likelihood that the displaced war victims could receive some type of civil compensation for their losses through the local courts in Yugoslavia. Part II scrutinizes the basic international human rights doctrines and systems of enforcement to determine whether they may offer remedies for the victims of identity elimination. Part III explores the likelihood that, through the Yugoslav Tribunal, those responsible for identity elimination may be held criminally responsible for their actions in Kosovo.
Clinton, William Jefferson (1946- ), Neal Devins
Clinton, William Jefferson (1946- ), Neal Devins
Faculty Publications
No abstract provided.
State Regulation Of Religious Education, Neal Devins
State Regulation Of Religious Education, Neal Devins
Faculty Publications
No abstract provided.
Reanimator: Mark Tushnet And The Second Coming Of The Imperial Presidency, Neal Devins
Reanimator: Mark Tushnet And The Second Coming Of The Imperial Presidency, Neal Devins
Faculty Publications
No abstract provided.
Asking The Right Questions: How The Courts Honored The Separation Of Powers By Reconsidering Miranda, Neal Devins
Asking The Right Questions: How The Courts Honored The Separation Of Powers By Reconsidering Miranda, Neal Devins
Faculty Publications
No abstract provided.
Book Review Of But For Birmingham: The Local And National Movements In The Civil Rights Struggle, Davison M. Douglas
Book Review Of But For Birmingham: The Local And National Movements In The Civil Rights Struggle, Davison M. Douglas
Faculty Publications
No abstract provided.
Book Review Of Make Haste Slowly: Moderates, Conservatives, And School Desegregation In Houston, Davison M. Douglas
Book Review Of Make Haste Slowly: Moderates, Conservatives, And School Desegregation In Houston, Davison M. Douglas
Faculty Publications
No abstract provided.
When Should Contract Law Supply A Liability Rule Or Term?: Framing A Principle Of Unification For Contracts, Juliet P. Kostritsky
When Should Contract Law Supply A Liability Rule Or Term?: Framing A Principle Of Unification For Contracts, Juliet P. Kostritsky
Faculty Publications
To demonstrate the need for a unified instrumental framework for deciding gaps and implying liability rules, Part II of this Article will first describe the competing visions of the role of law in contract gap-filling. Although each vision has expanded the ways in which we think about contracts and has offered more realistic models of bargaining, each still fails to offer a unified framework for deciding how courts should decide *1290 incomplete contracts. Part III of the Article outlines the methodological framework for unifying judicial approaches to law-supplied terms or rules. The framework will incorporate a: (1) realistic model of …
Terrorism On Trial: The Lockerbie Criminal Proceedings, Michael P. Scharf
Terrorism On Trial: The Lockerbie Criminal Proceedings, Michael P. Scharf
Faculty Publications
On December 21, 1998, a bomb exploded in the cargo hold of Pan Am Flight 103 killing all 259 passengers and crew, as well as eleven residents of the town of Lockerbie where the wreckage of the Bowing 747 crashed 31,000 feet below.
The Cartagena Protocol And Biological Diversity; Biosafe Or Bio-Sorry, Jonathan H. Adler
The Cartagena Protocol And Biological Diversity; Biosafe Or Bio-Sorry, Jonathan H. Adler
Faculty Publications
In January 2000, delegates from over 100 nations completed negotiations on an international treaty for the regulation of biotechnology, the Cartagena Protocol on Biosafety. The stated purpose of this protocol is to enhance the protection of biological diversity. Despite its good intentions, there is a mismatch between the protocol's substantive provisions and present threats to biological diversity. The protocol endorses "precautionary" regulation of transboundary shipments of genetically engineered organisms, including crops, so as to reduce the environmental risks that such organisms may pose. The greatest threat to biological diversity is habitat loss, largely driven by the conversion of land for …
A Theory Of Claim Interpretation, Craig Allen Nard
A Theory Of Claim Interpretation, Craig Allen Nard
Faculty Publications
This article explores the proper scope of judicial power in patent law by focusing on the Federal Circuit's theories of claim interpretation. A study of the court's claim interpretation jurisprudence reveals two schools of interpretation. I characterize these approaches as (1) hypertextualism, which is the predominant interpretative theory; and (2) pragmatic textualism, which is gradually asserting itself. The hypertextualist judge has an expansive view of judicial power, characterizing claim interpretation as a question of law subject to de novo review. This highly formalistic approach stresses textual fidelity and internal textual coherence, but eschews extrinsic evidence as an interpretive tool, portraying …
The Special Constitutional Structure Of The Federal Impeachment Process, Michael J. Gerhardt
The Special Constitutional Structure Of The Federal Impeachment Process, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Why Formalism?, James E. Moliterno
The Appointment Of General Yaron: Continuing Impunity For The Sabra And Shatilla Massacres, Linda A. Malone
The Appointment Of General Yaron: Continuing Impunity For The Sabra And Shatilla Massacres, Linda A. Malone
Faculty Publications
No abstract provided.
An Extended Hypothetical For Teaching Administrative Law, Charles H. Koch Jr.
An Extended Hypothetical For Teaching Administrative Law, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
How Constitutional Law Casebooks Perpetuate The Myth Of Judicial Supremacy, Neal Devins
How Constitutional Law Casebooks Perpetuate The Myth Of Judicial Supremacy, Neal Devins
Faculty Publications
No abstract provided.
Book Review Of Private Law And Social Inequality In The Industrial Age, Michael Ashley Stein
Book Review Of Private Law And Social Inequality In The Industrial Age, Michael Ashley Stein
Faculty Publications
No abstract provided.
Assessing The Practicality And Constitutionality Of Alaska's Split-Recovery Punitive Damages Statute, Scott Dodson
Assessing The Practicality And Constitutionality Of Alaska's Split-Recovery Punitive Damages Statute, Scott Dodson
Faculty Publications
In 1997, Alaska responded to its reputation for unusually high punitive awardsby amending its punitive damages statuteto require that 50% of any punitive damages award be deposited into the general fund of the state.Such “split-recovery” statutes attempt to reduce some of the plaintiff's windfall by allocating part of the punitive award to the state.Although the plaintiff shares in the award to compensate her for bringing the punitive claim in the first place,the state receives the balance to use for the public benefit.This Note evaluates the practicality and constitutionality of Alaska’s split- recovery statute. Part I reviews the nature and purpose …
The Relationship Between Equality And Access In Law School Admissions, Angela M. Banks
The Relationship Between Equality And Access In Law School Admissions, Angela M. Banks
Faculty Publications
No abstract provided.
Spiritual Treatment Exemptions To Child Medical Neglect Laws: What We Outsiders Should Think, James G. Dwyer
Spiritual Treatment Exemptions To Child Medical Neglect Laws: What We Outsiders Should Think, James G. Dwyer
Faculty Publications
No abstract provided.
Informed Consent For Neonatal Circumcision: An Ethical And Legal Conundrum, J. Steven Svoboda, Robert S. Van Howe, James G. Dwyer
Informed Consent For Neonatal Circumcision: An Ethical And Legal Conundrum, J. Steven Svoboda, Robert S. Van Howe, James G. Dwyer
Faculty Publications
No abstract provided.
Courtroom Technology, A Judicial Primer, Fredric I. Lederer
Courtroom Technology, A Judicial Primer, Fredric I. Lederer
Faculty Publications
No abstract provided.
A Populist Political Perspective Of The Business Tax Entities Universe: Hey The Stars Might Lie, But The Numbers Never Do, John W. Lee
Faculty Publications
No abstract provided.
"Out Of Zion Shall Go Forth The Law", Nathan B. Oman
"Out Of Zion Shall Go Forth The Law", Nathan B. Oman
Faculty Publications
No abstract provided.
Ninth Amendment Adjudication: An Alternative To Substantive Due Process Analysis Of Personal Autonomy Rights, Mark C. Niles
Ninth Amendment Adjudication: An Alternative To Substantive Due Process Analysis Of Personal Autonomy Rights, Mark C. Niles
Faculty Publications
Notwithstanding decades of significant legal scholarship focusing on the Ninth Amendment to the U.S. Constitution, a large portion of the practicing legal community, and even a substantial percentage of legal scholars, are unfamiliar with the provision. The primary reason for this phenomenon is the striking absence of an identifiable body of Ninth Amendment adjudication. In this Article, Mark Niles focuses on this phenomenon and endeavors to develop an interpretative theory of the amendment upon which an adjudicative role can be founded.
In Part I of this Article, Niles outlines the traditional judicial treatment of the Ninth Amendment, or more precisely, …