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Articles 31 - 60 of 257
Full-Text Articles in Law
A Fiduciary Theory Of Jus Cogens, Evan J. Criddle, Evan Fox-Decent
A Fiduciary Theory Of Jus Cogens, Evan J. Criddle, Evan Fox-Decent
Faculty Publications
No abstract provided.
Book Review Of Unspeakable: The Story Of Junius Wilson, Michael Ashley Stein, Aviam Soifer
Book Review Of Unspeakable: The Story Of Junius Wilson, Michael Ashley Stein, Aviam Soifer
Faculty Publications
No abstract provided.
A Tale Of (At Least) Two Authors: Focusing Copyright Law On Process Over Product, Laura A. Heymann
A Tale Of (At Least) Two Authors: Focusing Copyright Law On Process Over Product, Laura A. Heymann
Faculty Publications
No abstract provided.
Social Rights And The Relational Value Of The Rights To Participate In Sport, Recreation And Play, Janet E. Lord, Michael Ashley Stein
Social Rights And The Relational Value Of The Rights To Participate In Sport, Recreation And Play, Janet E. Lord, Michael Ashley Stein
Faculty Publications
No abstract provided.
Federal And State Judicial Selection In An Interest Group Perspective, Rafael Gely, Michael E. Solimine
Federal And State Judicial Selection In An Interest Group Perspective, Rafael Gely, Michael E. Solimine
Faculty Publications
The literature on judicial selection systems has given considerable attention to the role that politicians and their parties - through their legislative roles - have played in the adoption and operation of these judicial selection systems. Less attention, however, has been given to both the effect that interest groups, broadly defined, have in the creation and implementation of judicial selection systems and the effect that these systems have on the strategies adopted by interest groups to accomplish their goals. This Article seeks to fill this gap. Using the framework advanced by William M. Landes and Richard A. Posner in their …
How Not To Seek An Award Of Attorney's Fees, Douglas E. Abrams
How Not To Seek An Award Of Attorney's Fees, Douglas E. Abrams
Faculty Publications
No abstract provided.
Forward: Sandra Day O'Connor, Earl F. Nelson, And State Judicial Selection And Retention Systems, R. Lawrence Dessem
Forward: Sandra Day O'Connor, Earl F. Nelson, And State Judicial Selection And Retention Systems, R. Lawrence Dessem
Faculty Publications
In difficult cases, in unpopular cases, in cases that may draw criticism from the executive branch of government, the legislature, the media, or the general populace, it is essential that judges be insulated from public pressure. However much we believe in the strength and integrity of the human spirit, we cannot expect judges to do justice without establishing an institutional framework that guarantees them that their next decision, however loathsome or unpopular, will not be their last.
Conciseness In Legal Writing, Lisa Mazzie Hatlen
Conciseness In Legal Writing, Lisa Mazzie Hatlen
Faculty Publications
No abstract provided.
Heinous, Atrocious, And Cruel: Apprendi, Indeterminate Sentencing, And The Meaning Of Punishment, W. David Ball
Heinous, Atrocious, And Cruel: Apprendi, Indeterminate Sentencing, And The Meaning Of Punishment, W. David Ball
Faculty Publications
Under Apprendi v. New Jersey, any fact that increases an offender's maximum punishment must be found by a jury beyond a reasonable doubt. The Apprendi literature has focused on the allocation of power between judge and jury, ignoring entirely the role of the parole board in indeterminate sentences-that is, sentences which terminate in discretionary parole release. In an indeterminate sentence, a judge makes a pronouncement about the length of the prescriptive sentence to be imposed, but the parole board decides the actual sentence that is, in fact, imposed.
In this Article, I explore the Apprendi ramifications of indeterminate sentencing. In …
Book Review - Hiring And Firing, Rebekah K. Maxwell
Book Review - Hiring And Firing, Rebekah K. Maxwell
Faculty Publications
No abstract provided.
How Will You Thrive In An Uncertain Economy?, Sandee Magliozzi, Susan P. Beneville
How Will You Thrive In An Uncertain Economy?, Sandee Magliozzi, Susan P. Beneville
Faculty Publications
No abstract provided.
Unmarried Couples And The Mortgage Interest Deduction, Patricia A. Cain
Unmarried Couples And The Mortgage Interest Deduction, Patricia A. Cain
Faculty Publications
On March 13, 2009, the Internal Revenue Service released Chief Counsel Advisory 200911007, concluding that unmarried co-owners of a residence were limited to mortgage interest deductions on $1 million of acquisition indebtedness. CCA 200911007 reasons that the $1 million limit should be applied per residence rather than per taxpayer. This article criticizes the IRS position.
Prosecutorial Shaming: Naming Attorneys To Reduce Prosecutorial Misconduct, Adam M. Gershowitz
Prosecutorial Shaming: Naming Attorneys To Reduce Prosecutorial Misconduct, Adam M. Gershowitz
Faculty Publications
This Article explores the unfortunately large number of instances in which appellate courts reverse convictions for serious prosecutorial misconduct but do not identify the names of the prosecutors who committed that misconduct. Because judges are reluctant to publicly shame prosecutors whose cases are reversed, this Article advocates that a neutral set of third parties undertake the responsibility of publicly identifying prosecutors who have committed serious misconduct. The naming of prosecutors will shame bad actors, provide a valuable pedagogical lesson for junior prosecutors, and signal to trial judges that certain prosecutors must be monitored more closely to avoid future misconduct.
Is It Time For The Restatement Of Contracts, Fourth?, Peter A. Alces, Christopher Byrne
Is It Time For The Restatement Of Contracts, Fourth?, Peter A. Alces, Christopher Byrne
Faculty Publications
No abstract provided.
Personal Autonomy And Vacatur After Hall Street, Richard C. Reuben
Personal Autonomy And Vacatur After Hall Street, Richard C. Reuben
Faculty Publications
This article analyzes the implications of the U.S. Supreme Court’s landmark decision in Hall Street Associates v. Mattel, Inc., 128 S.Ct. 1396 (2008), in which the Court said that arbitration parties may not contract for substantive judicial review of arbitration under the Federal Arbitration Act. The article contends that Hall Street Associates was rightly decided as a matter of dispute resolution process characteristics and values theory because it preserves arbitration’s central virtue of finality. It further argues that the Court’s insistence on the exclusivity of the FAA’s statutory grounds for vacatur should spell the end of the so-called “non-statutory” grounds …
Not Very Collegial: Exploring Bans On Illegal Immigrant Admissions To State Colleges And Universities, Marcia A. Yablon-Zug, Danielle R. Holley-Walker
Not Very Collegial: Exploring Bans On Illegal Immigrant Admissions To State Colleges And Universities, Marcia A. Yablon-Zug, Danielle R. Holley-Walker
Faculty Publications
No abstract provided.
But 'Will It Write'? How Writing Sharpens Decision-Making, Douglas E. Abrams
But 'Will It Write'? How Writing Sharpens Decision-Making, Douglas E. Abrams
Faculty Publications
No abstract provided.
Design Defect Ghosts, David Owen
Using Salience And Influence To Narrow The Tax Gap, Susan Morse
Using Salience And Influence To Narrow The Tax Gap, Susan Morse
Faculty Publications
This Article contains five parts. Part I describes the details and limitations of several existing tax-gap-closing approaches relevant to self-employed and small business taxpayers: third-party reporting, audit, whistleblower rewards, and gatekeeper strategies. Part II outlines the concepts of salience and influence and places them in the context of proposals to address or close the tax gap. Part III considers how salience and the influence principle of social proof could improve government messages to taxpayers about taxpaying obligations and audit risks, and to tax preparers about diligence requirements. Part IV outlines strategies based on the influence principles of reciprocity and commitment …
Atrocity Crimes Litigation: 2008 Year-In-Review, Beth Van Schaack
Atrocity Crimes Litigation: 2008 Year-In-Review, Beth Van Schaack
Faculty Publications
This survey of 2008's top developments in these international fora will focus on the law governing international crimes and applicable forms of responsibility. Several trends in the law are immediately apparent. The tribunals continue to delineate and clarify the interfaces between the various international crimes, particularly war crimes and crimes against humanity, which may be committed simultaneously or in parallel with each other. Several important cases went to judgment in 2008 that address war crimes drawn from the Hague tradition of international humanitarian law, and the international courts are demonstrating a greater facility for adjudicating highly technical aspects of this …
Collaborative Governance: Lessons For Europe From U.S. Electricity Restructuring, Charles H. Koch Jr.
Collaborative Governance: Lessons For Europe From U.S. Electricity Restructuring, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
Religion In The Workplace: A Report On The Layers Of Relevant Law In The United States, William W. Van Alstyne
Religion In The Workplace: A Report On The Layers Of Relevant Law In The United States, William W. Van Alstyne
Faculty Publications
No abstract provided.
The Public's Domain In Trademark Law: A First Amendment Theory Of The Consumer, Laura A. Heymann
The Public's Domain In Trademark Law: A First Amendment Theory Of The Consumer, Laura A. Heymann
Faculty Publications
No abstract provided.
Presidential Unilateralism And Political Polarization: Why Today's Congress Lacks The Will And The Way To Stop Presidential Initiatives, Neal Devins
Faculty Publications
No abstract provided.
Standing As An Article Ii Nondelegation Doctrine, Tara Leigh Grove
Standing As An Article Ii Nondelegation Doctrine, Tara Leigh Grove
Faculty Publications
No abstract provided.
Testimonial Deficiencies And Evidentiary Uncertainties In International Criminal Trials, Nancy Amoury Combs
Testimonial Deficiencies And Evidentiary Uncertainties In International Criminal Trials, Nancy Amoury Combs
Faculty Publications
In this article, the author describes the flaws inherent in the process of international criminal tribunals which seek to punish the inhumane actions of dictators. The author first describes how international criminal trials confront severe impediments to accurate factfinding. It continues on to discuss the failure of witnesses in these tribunals to accurately convey the information needed to make a fully- informed decision. This problem is compounded by the fact that what clear information is provided during witness testimony often is inconsistent with the information that the witness previously provided in a pre-trial statement. The author also explores the causes …
Law Students Are Different From The General Population: Empirical Findings Regarding Learning Styles, Robin Boyle, Jeffery Minneti, Andrea Honigsfeld
Law Students Are Different From The General Population: Empirical Findings Regarding Learning Styles, Robin Boyle, Jeffery Minneti, Andrea Honigsfeld
Faculty Publications
(Excerpt)
It was a snowy day during a semester break when Prof. Robin Boyle was discussing teaching law students and learning styles with Dr. Andrea Honigsfeld, who has performed numerous empirical studies and has published many books and articles on teaching to the learning style of children and adults. Also at the table was Susan Rundle, president of Performance Concepts International (PCI). PCI develops and administers the Building Excellence (BE) Survey, an online learning style assessment survey (described below). Prof. Boyle was aware during this conversation that professors who teach in other graduate programs are fascinated by law students. Dr. …
Legal And Social Perspectives On Local Enforcement Of Immigration Under The Section 287(G) Program, Hannah Gill, Mai Thi Nguyen, Katherine Lewis Parker, Deborah Weissman
Legal And Social Perspectives On Local Enforcement Of Immigration Under The Section 287(G) Program, Hannah Gill, Mai Thi Nguyen, Katherine Lewis Parker, Deborah Weissman
Faculty Publications
No abstract provided.
On Abstraction And Equivalence In Software Patent Doctrine: A Reply To Bessen, Meurer And Klemens, Andrew Chin
On Abstraction And Equivalence In Software Patent Doctrine: A Reply To Bessen, Meurer And Klemens, Andrew Chin
Faculty Publications
Recent books by Professors James Bessen and Michael Meurer and by economist Ben Klemens have argued that software warrants technology-specific treatment in patent doctrine. This article argues that the authors' categorical claims about software are unsupported by computer science, and therefore cannot support their sweeping proposals regarding software patents as a matter of law. Such proposals therefore remain subject to empirical examination and critique as policy choices, and are unlikely to be achieved through judicially developed doctrines.
A Public Privilege, Colin Miller
A Public Privilege, Colin Miller
Faculty Publications
If a rule is only as good as its exceptions, and a reporter is only as good as her sources, then, according to a recent Supreme Court of Pennsylvania opinion, Pennsylvania's reporter's privilege is the best of privileges and the worst of privileges. In that opinion, the justices failed to carve a crime-fraud exception out of Pennsylvania's reporter's privilege - its "Shield Law" - despite having previously read a similar exception into every other evidentiary privilege. Ironically, this alleged act of judicial passivism transformed the Shield Law into both a shield and a sword and mischaracterized the purposes served by …