Law Commons^™

Severability In Statutes And Contracts, Mark L. Movsesian

Faculty Publications

Established doctrine on the severability of unconstitutional statutory provisions has drawn criticism on almost every conceivable basis. Commentators have condemned severability doctrine as too malleable and as too rigid; as encouraging judicial overreaching and as encouraging judicial abdication. They have criticized the doctrine's reliance on legislative intent and its disregard of legislative intent; its excessive attention to political concerns and its inattention to political concerns; its lack of any coherent explanation.

The reasons for this lingering controversy are easy to discern. One is purely pragmatic. "We live in an age of statutes." Legislation provides our primary source of law in …

Essay: Lawyer Advertising, Professional Ethics, And The Constitution, Jonathan Van Patten

Faculty Publications

No abstract provided.

Self-Regulation In Global Electronic Markets Through Reinvigorated Trade Usages, Raj Bhala

Faculty Publications

In a global electronic market the role of trade usages must be reinvigorated to better suit the needs of market participants. Contrary to the approach to trade usages often adopted by courts and scholars, usages should not be seen as merely a device to interpret disputed terms in a contract. Rather, they should be viewed as a legal foundation for existing and new trade practices and, therefore, as a source of authority for and legal obligation arising from such practices. In sum, they should be regarded as a means by which participants in global eiectronic markets can engage in self-regulation. …

Rethinking Antidumping Law, Raj Bhala

Faculty Publications

No abstract provided.

Converging First Amendment Principles For Converging Communications Media, Thomas G. Krattenmaker, L. A. Powe Jr.

Faculty Publications

No abstract provided.

Art Of Judicial Biography, Michael J. Gerhardt

Faculty Publications

No abstract provided.

The Domestic Relations Exception To Federal Jurisdiction: Rethinking An Unsettled Federal Courts Doctrine, Michael Ashley Stein

Faculty Publications

No abstract provided.

Abolish The Article 9 Filing System, Peter A. Alces

Faculty Publications

No abstract provided.

Presenting, Back From The [Almost] Dead, The Entrapment Defense, Paul Marcus

Faculty Publications

No abstract provided.

Seizing Evidence From Suspects For Forensic Analysis, Paul C. Giannelli

Faculty Publications

No abstract provided.

A Theory Of Verbal Completeness, Dale A. Nance

Faculty Publications

In this Article I will endorse the view that the most important modem function of the completeness rule is to trump otherwise applicable exclusionary rules, though not every rule in every instance. I will also offer the general proposition that it should almost always trump one large and important class of exclusionary rules, those based upon the "best evidence" principle, that is, the principle that parties should present to the tribunal the epistemically best evidence available to them on a given litigated issue.

The Evolution Of American Probate Courts And Emerging Standards To Guide Their Progress, Thomas L. Hafemeister, Paula Hannaford-Agor

Faculty Publications

Courts with probate jurisdiction are an excellent example of the evolu­tion of American courts. Despite the fact that they are direct descendants of the English judicial system, the structure, jurisdiction, and procedures of the probate courts assumed a uniquely American flavor soon after their initial establishment in the colonies. From the beginning, American probate courts have shown considerable diversity from state to state. State courts exercising probate jurisdiction have continued to evolve over time in response to the various demands placed upon them. This article describes the historical evolution of American courts exer­cising jurisdiction over probate matters, with specific attention …

The Radical Feminist Defense Of Individualism, Cynthia V. Ward

Faculty Publications

No abstract provided.

Book Review Of Principles Of International Environmental Law, Linda A. Malone

Faculty Publications

No abstract provided.

Country/Region Reports -- United States Of America, Linda A. Malone

Faculty Publications

No abstract provided.

Book Review Of Natural Resources Policy And Law: Trends And Directions, Ronald H. Rosenberg

Faculty Publications

No abstract provided.

The Non-Impact Of The United States Supreme Court Regulatory Takings Cases On The State Courts: Does The Supreme Court Really Matter?, Ronald H. Rosenberg

Faculty Publications

No abstract provided.

Contracts, Copyright And Preemption In A Digital World, I. Trotter Hardy

Faculty Publications

No abstract provided.

The Religious Freedom Restoration Act: Establishment, Equal Protection And Free Speech Concerns, William P. Marshall

Faculty Publications

No abstract provided.

Intramural Reforms: How The U.S. Courts Of Appeals Have Helped Themselves, Thomas E. Baker

Faculty Publications

No abstract provided.

A Catalogue Of Judicial Federalism In The United States, Thomas E. Baker

Faculty Publications

No abstract provided.

Legal Realism, Lex Fori, And The Choice-Of-Law Revolution, Michael S. Green

Faculty Publications

No abstract provided.

The Countermajoritarian Paradox, Neal Devins

Faculty Publications

No abstract provided.

The 1995 National Asian American Studies Examination In U.S. High Schools, Andrew Chin

Faculty Publications

No abstract provided.

Federalization: A Critical Overview, William P. Marshall

Faculty Publications

No abstract provided.

The Emptiness Of The Concept Of Jus Cogens As Illustrated By The War In Bosnia-Herzegovina, A. Mark Weisburd

Faculty Publications

No abstract provided.

1995-96 Supreme Court Preview: Mock Arguments In Romer V. Evans, Michael J. Gerhardt, Tracey Maclin

Faculty Publications

No abstract provided.

The Confirmation Mystery, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Dynamic Economic Analyses Of Selected Provisions Of Corporate Law: The Absolute Delegation Rule, Disclosure Of Intermediate Estimates And Ipo Pricing, Royce De R. Barondes

Faculty Publications

This Article examines three separate aspects of the relationships between corporations and their securityholders from a dynamic economic perspective: (i) the feasibility of permitting shareholders to participate in the management of their corporations through the exercise of voting rights, (ii) Rule 3b-6, the safe harbor for projections (the Safe Harbor)8 under the Securities Exchange Act of 1934 (the 1934 Act),9 and (iii) the extraordinary returns available from investing in initial public offerings (IPO's). Three particular dynamic aspects are implicated in these situations.

Antitrust And First Amendment Implications Of Professional Real Estate Investors, Gary Myers

Faculty Publications

This article begins with a discussion of the development of Noerr-Pennington immunity as it applies to litigation behavior. Parts III and IV describe the litigation in Professional Real Estate Investors and then analyze the effect of this new decision on predatory litigation law. Part V discusses possible ramifications of the case for other areas of federal and state law in which subjective intent is the sole keystone for the imposition of liability on petitioning activity. Because Professional Real Estate Investors interprets the First Amendment to preclude antitrust liability in these cases, other laws that deter bad faith litigation may no …