Law Commons^™

The Limits On Congress's Authority To Investigate The President, William P. Marshall

Faculty Publications

No abstract provided.

International Service Under The Hague Convention, W. Mark C. Weidemaier

Faculty Publications

No abstract provided.

Localization And Transparency In Sentencing: Reflections On The New Early Disposition Departure, Michael M. O'Hear

Faculty Publications

A newly authorized "early disposition departure" permits federal judges to reduce the sentences of criminal defendants who plead guilty quickly pursuant to a locally adopted early disposition program. The new departure mechanism provides the first formal mandate in the United States Sentencing Guidelines for "localization," that is, adjusting the sentences of federal defendants based on local circumstances. This paper provides a defense of localization, and suggests that localization may be reconciled with the Guidelines' overriding objective of transparency in sentencing. The early disposition departure provides a model of "transparent localization," but could be reformed so as to offer both transparency …

Getting To The Nexus Of The Matter: A Sliding Scale Approach To Faculty-Student Consensual Relationship Policies In Higher Education, Paul M. Secunda

Faculty Publications

A prominent law dean is forced to resign over an alleged sexual affair with a student; a writing instructor details in a national magazine his steamy affair with his married student; a student stalks her male professor after he ends their sexual relationship and the criminal stalking charges against her are only dropped when she agrees to voluntarily leave the country. Increasingly, such tantalizing scandals are making their way into the nation's daily consciousness. Yet, behind all of these shocking tales of decadence lays the very real dilemma as to how college and university administrators should regulate consensual relationships between …

Crusading Hero, Devoted Teacher, And Sympathetic Failure: The Self-Image Of The Law Professor In Hollywood Cinema And In Real Life, Too, David Ray Papke

Faculty Publications

No abstract provided.

How Can A Prison Inmate Challenge The Procedures For Carrying Out His Imminent Execution?, Jay E. Grenig

Faculty Publications

No abstract provided.

The Transnational And Sub-National In Global Crimes, Lan Cao

Faculty Publications

No abstract provided.

The Ultimate Independence Of The Federal Courts: Defying The Supreme Court In The Exercise Of Federal Common Law Powers, Ronald H. Rosenberg

Faculty Publications

No abstract provided.

What Brown Teaches Us About The Rehnquist Court's Federalism Revival, Neal Devins

Faculty Publications

No abstract provided.

Overoptimism And Overborrowing, Richard M. Hynes

Faculty Publications

No abstract provided.

Property Rights And Intrabrand Restraints, Alan J. Meese

Faculty Publications

Intrabrand restraints limit the discretion of one or more sellers-usually dealers-with respect to the disposition of a product sold under a single brand. While most scholars believe that such contracts can help assure optimal promotion of a manufacturer's products, there is disagreement about the exact manner in which such restraints accomplish this objective. Many scholars believe that such restraints themselves induce dealers to engage in promotional activities desired by the manufacturer. Others believe that such restraints merely serve as "performance bonds," which dealers will forfeit if they fail to follow the manufacturer's precise promotional instructions. Some scholars reject both approaches, …

Continuity Of Congress: A Play In Three Stages, Howard M. Wasserman

Faculty Publications

No abstract provided.

What Happens When Dirty Harry Becomes An [Expert] Witness For The Prosecution?, Joelle A. Moreno

Faculty Publications

No abstract provided.

In Memoriam: Jerry Phillips: A Scholar & A Gentleman, Elizabeth Price Foley, Elizabeth C. Price

Faculty Publications

No abstract provided.

Constitutional Theory In A Nutshell, Thomas E. Baker

Faculty Publications

This article provides a nutshell description of the leading theories and identifies some of the leading theorists on the Constitution. The unit of currency here is the academic law review article, not the Supreme Court decision. The citations here provide illustrative examples of the vast body of literature. The discussion provides preliminary sketches of an intellectual landscape that is vast and often foreboding to the beginner. This article is organized around three basic interpretative questions: Who has the authority to interpret the Constitution? What are the legitimate sources of meaning for interpreting the Constitution? How is the Constitution interpreted within …

What Corporate Tax Shelters Can Teach Us About The Structure Of Subchapter C, Glenn E. Coven

Faculty Publications

Coven argues that the rules extending nonrecognition treatment to the incorporation of property never have been properly integrated with the double taxation of corporations. As a result, the duplicate burden or benefit is applied retroactively. That defect, Coven believes, has been long overlooked, but now that it has been exploited by one popular version of the loss replicating corporate tax shelter, it must be addressed. The remedy applied by Congress to the tax shelter in section 358(h) is insufficient, does not operate correctly and undermines the integrity of the code, he says.

This article proposes a more comprehensive solution that …

Basis Shifting - A Radical Approach To An Intractable Problem, Glenn E. Coven

Faculty Publications

Coven asserts that one of the lingering ambiguities in subchapter C is how an appropriate tax benefit can be obtained from the tax basis that "disappears" when a shareholder's interest is completely redeemed but the transaction is treated as a dividend because stock held by others is attributed to the former shareholder. He believes that Treasury was content to rely on manifestly inadequate regulations to resolve that issue until taxpayers discovered how to convert those regulations into a potent tax shelter. The amendment to those regulations, proposed in 2002, however, was fatally flawed, according to Coven.

In this article, Coven …

Book Review Of The Home Office And The Dangerous Trades: Regulating Occupational Disease In Victorian And Edwardian Britain, Michael Ashley Stein

Faculty Publications

No abstract provided.

Antitrust Analysis In Software Product Markets: A First Principles Approach, Andrew Chin

Faculty Publications

No abstract provided.

Can Congress Use Its War Powers To Protect Military Employees From State Sovereign Immunity?, Jeffrey M. Hirsch

Faculty Publications

No abstract provided.

The Debtor-Patient: In Search Of Non-Debt Alternatives, Melissa B. Jacoby

Faculty Publications

No abstract provided.

Negotiating Bankruptcy Legislation Through The News Media, Melissa B. Jacoby

Faculty Publications

No abstract provided.

You've Got To Be In It To Win It: Six Steps To Securing And Completing A Research Grant, Stephanie Burke, Kathryn Hensiak, Donna L. Nixon

Faculty Publications

No abstract provided.

False Campaign Speech And The First Amendment, William P. Marshall

Faculty Publications

No abstract provided.

Separation, Neutrality, And Clergy Liability For Sexual Misconduct, William P. Marshall

Faculty Publications

No abstract provided.

The Empty Promise Of Compassionate Conservatism: A Reply To Judge Wilkinson, William P. Marshall

Faculty Publications

No abstract provided.

Service Of Process And The Military, W. Mark C. Weidemaier

Faculty Publications

No abstract provided.

Medical Research Oversight From The Corporate Governance Perspective: Comparing Institutional Review Boards And Corporate Boards, Richard S. Saver

Faculty Publications

No abstract provided.

Intention In The Law Of Property: The Law Of Unintended Consequences, John V. Orth

Faculty Publications

No abstract provided.

Constitutional Drift: Toward The End Of Federal Shop-Closing (Ladenschluss) Regulation, Craig T. Smith

Faculty Publications

No abstract provided.