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Articles 1 - 30 of 39
Full-Text Articles in Law
Economic Hardship As Coercion Under The Protocol On International Trafficking In Persons By Organized Crime Elements, Linda A. Malone
Economic Hardship As Coercion Under The Protocol On International Trafficking In Persons By Organized Crime Elements, Linda A. Malone
Faculty Publications
No abstract provided.
The Constitution In Exile: Is It Time To Bring It In From The Cold?, William W. Van Alstyne
The Constitution In Exile: Is It Time To Bring It In From The Cold?, William W. Van Alstyne
Faculty Publications
No abstract provided.
The Diffusion Of Responsibilty In Capital Clemency, Adam M. Gershowitz
The Diffusion Of Responsibilty In Capital Clemency, Adam M. Gershowitz
Faculty Publications
No abstract provided.
The Externality Of Victim Care, Alan J. Meese
The Externality Of Victim Care, Alan J. Meese
Faculty Publications
No abstract provided.
Disability, Equal Protection, And The Supreme Court: Standing At The Crossroads Of Progressive And Retrogressive Logic In Constitutional Classification, Anita Silvers, Michael Ashley Stein
Disability, Equal Protection, And The Supreme Court: Standing At The Crossroads Of Progressive And Retrogressive Logic In Constitutional Classification, Anita Silvers, Michael Ashley Stein
Faculty Publications
This Article compares current disability jurisprudence with the development of sex equality jurisprudence in the area of discrimination. It demonstrates that current disability law resembles the abandoned, sexist framework for determining sex equality and argues that disability equality cases should receive similar analysis as the more progressive, current sex equality standard. As such, the Article attempts to synthesize case law (l4th Amendment Equal Protection jurisprudence) and statutory law (Title VII and the ADA) into a comprehensive overview of the state of current disability law viewed within the context of discrimination law in general.
Contract Reconceived, Peter A. Alces
The Effect Of Courtroom Technologies On And In Appellate Proceedings And Courtrooms, Fredric I. Lederer
The Effect Of Courtroom Technologies On And In Appellate Proceedings And Courtrooms, Fredric I. Lederer
Faculty Publications
No abstract provided.
Bioavailability: On The Frontiers Of Science And Law In Cleanup Methodologies For Contamination, Linda A. Malone
Bioavailability: On The Frontiers Of Science And Law In Cleanup Methodologies For Contamination, Linda A. Malone
Faculty Publications
No abstract provided.
Reflections On Market Reform In Post-War, Post-Embargo Vietnam, Lan Cao
Reflections On Market Reform In Post-War, Post-Embargo Vietnam, Lan Cao
Faculty Publications
No abstract provided.
When Lochner Met Dolan: The Attempted Transformation Of American Land Use Law By Constitutional Interpretation, Ronald H. Rosenberg, Nancy Stroud
When Lochner Met Dolan: The Attempted Transformation Of American Land Use Law By Constitutional Interpretation, Ronald H. Rosenberg, Nancy Stroud
Faculty Publications
No abstract provided.
War, Society, And Disability: Some Thoughts On Applying Under-Utilized Methodologies, Michael Ashley Stein
War, Society, And Disability: Some Thoughts On Applying Under-Utilized Methodologies, Michael Ashley Stein
Faculty Publications
No abstract provided.
The Copyrightability Of New Works Of Authorship: 'Xml Schemas' As An Example, I. Trotter Hardy
The Copyrightability Of New Works Of Authorship: 'Xml Schemas' As An Example, I. Trotter Hardy
Faculty Publications
No abstract provided.
History And Interpretation Of The Great Case Of Johnson V. M'Intosh, Eric Kades
History And Interpretation Of The Great Case Of Johnson V. M'Intosh, Eric Kades
Faculty Publications
No abstract provided.
Court Administration As A Tool For Judicial Reform, Christie Warren
Court Administration As A Tool For Judicial Reform, Christie Warren
Faculty Publications
This paper focuses on court administration as a component of judicial branch reform in the United States and other countries.
Over the past fifty years, state and federal court systems in the United States have undergone a process of significant change. At the beginning of the twentieth century, courts were largely dependent upon the executive branch of government for administrative support and were for the most part externally dominated, disorganized, and poorly managed. By the end of the century, they had undergone a process of administrative innovation and improvement that changed the way they were managed. In other countries, judicial …
Bankruptcy Reform: Does The End Justify The Means?, A. Mechele Dickerson
Bankruptcy Reform: Does The End Justify The Means?, A. Mechele Dickerson
Faculty Publications
No abstract provided.
Don't Disintegrate Microsoft (Yet), Alan J. Meese
Don't Disintegrate Microsoft (Yet), Alan J. Meese
Faculty Publications
No abstract provided.
Determining Reasonableness Under The Fourth Amendment: Physical Force To Control And Punish Students, Kathryn R. Urbonya
Determining Reasonableness Under The Fourth Amendment: Physical Force To Control And Punish Students, Kathryn R. Urbonya
Faculty Publications
No abstract provided.
Professor Stephen H. Schulman, Peter J. Henning, Eric Kades
Professor Stephen H. Schulman, Peter J. Henning, Eric Kades
Faculty Publications
No abstract provided.
Diplomatic Adjudication, Nancy Amoury Combs
Diplomatic Adjudication, Nancy Amoury Combs
Faculty Publications
No abstract provided.
Public Trust & Distrust: Theoretical Implications Of The Public Trust Doctrine For Natural Resource Management, Erin Ryan
Faculty Publications
This Comment reviews the theoretical underpinnings of the public trust, a doctrine originating in Roman common law and now constitutionalized by many states, and explores its contentious reception by green legal theorists. Since Professor Joseph Sax's revival of the doctrine as a vehicle for environmental legal advocacy in the early 1970s, it has been haJled by many. as the most powerful tool available for protecting natural resource commons and attacked by others who argue that use of the property rights-based doctrine will reify an ownership approach to natural resources and obstruct the development of more stewardship-oriented legal theories of natural …
Experience And Legal Ethics Teaching, James E. Moliterno
Experience And Legal Ethics Teaching, James E. Moliterno
Faculty Publications
No abstract provided.
Antitrust And The Information Age: Section 2 Monopolization Analyses In The New Economy, A. Benjamin Spencer
Antitrust And The Information Age: Section 2 Monopolization Analyses In The New Economy, A. Benjamin Spencer
Faculty Publications
On April 3, 2000, U.S. District Judge Thomas Penfield Jackson declared that the Microsoft Corporation ("Microsoft") had maintained monopoly power in the personal computer operating system market by anticompetitive means, in violation of Section 2 of the Sherman Antitrust Act. A case of enormous significance, Microsoft raises difficult questions regarding how antitrust laws should be applied to information technology ("IT') companies. Specifically, many characteristics of what has come to be called the "New Economy" - and of the IT companies within it - suggest that traditional monopolization analysis may need modification. As the U.S. has moved toward an information- based …
Takings Clause, Tara Leigh Grove
Settlements And Waivers Affecting Pension Benefits Under Erisa, Eric D. Chason
Settlements And Waivers Affecting Pension Benefits Under Erisa, Eric D. Chason
Faculty Publications
Waivers affecting pension benefits may be entered into as part of a controversy (for example, a settlement agreement) or in isolation (for example, a disclaimer). Under current law, however, it is unclear how these waivers fit within the protections of ERISA, particularly the antialienation rule. Courts have generally honored settlement agreements so long as they are procedurally fair to participants. However, the antialienation rule looms in the background. The IRS and Treasury, in contrast, have focused on waivers outside the settlement context, prohibiting participants from making them but allowing beneficiaries to do so if the waiver satisfies gift-tax rules for …
Norm Theory And The Future Of The Federal Appointments Process, Michael J. Gerhardt
Norm Theory And The Future Of The Federal Appointments Process, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Renewable Bar Admission: A Template For Making "Professionalism" Real, Jayne W. Barnard
Renewable Bar Admission: A Template For Making "Professionalism" Real, Jayne W. Barnard
Faculty Publications
The citizens of this country should expect no less than the highest degree of professionalism when they have entrusted administration of the rule of law-one of the fundamental tenets upon which our society is based-to the legal profession. Re-examination was not originally required of medical specialists, but [the American Board of Medical Specialties] quickly recognized that a lifetime certification, even with required continuing education provided little incentive for doctors to keep up with new medical knowledge and techniques. Similarly, continuing [legal] education requirements alone are not sufficient to assure the integration of new law and procedure into a lawyer's practice. …
Impeachment Defanged And Other Institutional Ramifications Of The Clinton Scandals, Michael J. Gerhardt
Impeachment Defanged And Other Institutional Ramifications Of The Clinton Scandals, Michael J. Gerhardt
Faculty Publications
No abstract provided.
The International Judicial Dialogue: When Domestic Constitutional Courts Join The Conversation, Tara Leigh Grove
The International Judicial Dialogue: When Domestic Constitutional Courts Join The Conversation, Tara Leigh Grove
Faculty Publications
No abstract provided.
Book Review Of Eco-Pragmatism: Making Sensible Environmental Decisions In An Uncertain World, Lynda L. Butler
Book Review Of Eco-Pragmatism: Making Sensible Environmental Decisions In An Uncertain World, Lynda L. Butler
Faculty Publications
No abstract provided.
Hardball, Politics, And The Nlrb, Michael Ashley Stein
Hardball, Politics, And The Nlrb, Michael Ashley Stein
Faculty Publications
No abstract provided.