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Articles 7381 - 7410 of 8716
Full-Text Articles in Law
The Quest For Freedom In The Post-Brown South: Desegregation And White Self-Interest, Davison M. Douglas
The Quest For Freedom In The Post-Brown South: Desegregation And White Self-Interest, Davison M. Douglas
Faculty Publications
No abstract provided.
Country/Region Reports -- United States Of America, Linda A. Malone
Country/Region Reports -- United States Of America, Linda A. Malone
Faculty Publications
No abstract provided.
Evolving Consensus: The Dynamic Future Of Environmental Law And Policy, Ronald H. Rosenberg
Evolving Consensus: The Dynamic Future Of Environmental Law And Policy, Ronald H. Rosenberg
Faculty Publications
No abstract provided.
Tragedy, Irony, And Protectionism After Bcci: A Three-Act Play Starring Maharajah Bank, Raj Bhala
Tragedy, Irony, And Protectionism After Bcci: A Three-Act Play Starring Maharajah Bank, Raj Bhala
Faculty Publications
Post-BCCI legal developments regarding the regulation of foreign banks raise serious concerns of protectionism. The Foreign Bank Supervision Enhancement Act of 1991 and revisions to Federal Reserve Regulation K impose significant new legal burdens on foreign banks seeking to establish a physical presence in the U.S. The new legal regime reflects a tragic sacrifice of the principle of free trade in banking services in order to placate a fear of "bad" foreign banks. Ironically, the sacrifice of this principle by Congress and the Federal Reserve is incongruous with efforts of the United States Trade Representative (USTR). The USTR has negotiated …
A Bibliography For The United States Courts Of Appeals, Thomas E. Baker
A Bibliography For The United States Courts Of Appeals, Thomas E. Baker
Faculty Publications
No abstract provided.
Toward A Unified Theory Of Products Liability: Reviving The Causative Concept Of Legal Fault, Elizabeth Price Foley, Elizabeth C. Price
Toward A Unified Theory Of Products Liability: Reviving The Causative Concept Of Legal Fault, Elizabeth Price Foley, Elizabeth C. Price
Faculty Publications
This paper explores the concept of "causative" fault – with an emphasis on proximate and actual cause – as a substitute for modern strict liability.
Confederate Bonds, General Custer, And The Regulation Of Derivative Financial Instuments, Jerry W. Markham
Confederate Bonds, General Custer, And The Regulation Of Derivative Financial Instuments, Jerry W. Markham
Faculty Publications
The phenomenal growth of derivative financial instruments has sparked a near revolution in finance. These instruments take many forms and come in literally hundreds of varieties. Some, such as commodity futures and options, are heavily regulated when they are traded on organized exchanges. Other derivatives, particularly those traded over-the-counter, are subject to little regulation. Included on the list of unregulated derivatives are swap transactions. The swaps market alone is equal in size to the regulated markets with which it competes. The lack of regulation over such a large financial market and the losses suffered by some large firms in recent …
The Inherent Power To Impose Sanctions: How A Federal Judge Is Like An 800-Pound Gorilla, Thomas E. Baker
The Inherent Power To Impose Sanctions: How A Federal Judge Is Like An 800-Pound Gorilla, Thomas E. Baker
Faculty Publications
Inherent sanctions, like Rule 11 sanctions, may be imposed against any person responsible for wrongdoing, regardless of whether that person is a litigant or an attorney. Sanctionable wrongdoing includes pre litigation misconduct, as well as abuses of process that occur beyond the courtroom, such as the willful disobedience of an otherwise valid court order, so long as the court affords a violation due process before imposing sanctions. In addition to Rule 11's function as a deterrent, inherent sanctions further the goals of compensation and punishment.
Rediscovering Nonjusticiability: Judicial Review Of Impeachments After Nixon, Michael J. Gerhardt
Rediscovering Nonjusticiability: Judicial Review Of Impeachments After Nixon, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Truth And The Religion Clauses, William P. Marshall
Truth And The Religion Clauses, William P. Marshall
Faculty Publications
No abstract provided.
Cost Overrun Optimism: Fact Or Fiction, David D. Christensen
Cost Overrun Optimism: Fact Or Fiction, David D. Christensen
Faculty Publications
Program managers are advocates by necessity, When taken to the extreme, program advocacy can result in the suppression of adverse information about the status of a program gram. Such was the case in the Navy's A-12 Program. In A-12 Administrative inquiry, Beach (1990) speculates that such abiding cultural problems were not unique to the Navy. To test that assertion, this paper examines cost overrun data on 64 completed acquisition contracts extracted from the Defense Acquisition Executive Summary database. Cost overruns at various contract completion points are compared with projected final cost overruns estimated by contractor and government personnel. 17 comparison …
Banning The Cultural Exclusion: Free Trade And Copyrighted Goods, S. I. Strong
Banning The Cultural Exclusion: Free Trade And Copyrighted Goods, S. I. Strong
Faculty Publications
For centuries people have expressed themselves through creative works of art and literature, and since 1557 artists and authors have been able to protect their rights to their creative works through various national copyright laws. National copyright laws basically grant a monopoly in the use of the work to its creator. Copyrighted goods, however, are often easily transported across national boundaries, and thus national copyright laws may provide inadequate copyright protection in the international marketplace. The necessity for international copyright protection has been met to some extent by copyright conventions. International copyright conventions, like national copyright laws, define the scope …
Criminal Discovery In Oklahoma: A Call For Legislative Action, Rodney J. Uphoff
Criminal Discovery In Oklahoma: A Call For Legislative Action, Rodney J. Uphoff
Faculty Publications
This article first explores the Allen decision and the extent to which Allen changed the law of criminal discovery in Oklahoma. Next, the article examines some of the theoretical and practical problems with the Allen procedures as well as the efforts of the Oklahoma Court of Criminal Appeals to address some of the troublesome questions generated by Allen. Finally, the article discusses the need to replace the Allen provisions with a legislative framework that facilitates pretrial access to information and minimizes “trial ambush,” but without compromising the fair and efficient operation of the adversary system.
The Role Of The Federal Magistrate Judge In Civil Justice Reform, R. Lawrence Dessem
The Role Of The Federal Magistrate Judge In Civil Justice Reform, R. Lawrence Dessem
Faculty Publications
This Article considers the role of the United States magistrate judge in civil justice reform and, more specifically, the role that the early implementation districts envision for magistrate judges within their own districts. Part I briefly considers the evolution of the office of magistrate judge prior to the enactment of the Judicial Improvements Act of 1990. Part II addresses the treatment of magistrate judges under that legislation. Next, Part III recounts the roles assigned to magistrate judges under the Civil Justice Reform Act in the individual district courts. These varying uses of magistrate judges then will be critiqued in Part …
Proportional Liability: Statistical Evidence And The Probability Paradox, David A. Fischer
Proportional Liability: Statistical Evidence And The Probability Paradox, David A. Fischer
Faculty Publications
Three major policies underlie tort liability: deterrence, compensation, and corrective justice. A primary justification for proportional liability is its alleged superiority in advancing the tort policy of deterrence. This Article demonstrates a significant flaw in this claim by showing that the use of tort liability in multiple cause cases involving statistical evidence in fact serves the policy of deterrence quite poorly.
Of Hotel Revenues, Rents, And Formalism In The Bankruptcy Courts: Implications For Reforming Commercial Real Estate Finance, R. Wilson Freyermuth
Of Hotel Revenues, Rents, And Formalism In The Bankruptcy Courts: Implications For Reforming Commercial Real Estate Finance, R. Wilson Freyermuth
Faculty Publications
This article is intended to continue the dialogue begun by the proposed Restatement and has two distinct goals in this effort. Parts I through III argue that the position of the Restatement drafters is both legally and functionally sound and that bankruptcy courts should embrace and apply the proposed Restatement in administering distressed real estate developments. Part I reviews the reasoning articulated in the hotel bankruptcy cases, demonstrating how courts have applied the provisions of the Bankruptcy Code and state law in a formalistic manner to extinguish the hotel mortgagee's lien upon postpetition room revenues. Part II rejects the analysis …
The University In The Manner Of Tiananmen Square, William W. Van Alstyne
The University In The Manner Of Tiananmen Square, William W. Van Alstyne
Faculty Publications
No abstract provided.
Foreword: Elected Branch Influences In Constitutional Decisionmaking, Neal Devins
Foreword: Elected Branch Influences In Constitutional Decisionmaking, Neal Devins
Faculty Publications
No abstract provided.
Congress, The Fcc, And The Search For The Public Trustee, Neal Devins
Congress, The Fcc, And The Search For The Public Trustee, Neal Devins
Faculty Publications
No abstract provided.
'Death And Taxes' And Hypocrisy, John W. Lee
'Death And Taxes' And Hypocrisy, John W. Lee
Faculty Publications
Professor Lee finds the "death and taxes" poem by Rep. Ewing hypocritical for several reasons. He notes that the poem is derived from a 1920s populist attack on Treasury Secretary Mellon for cutting taxes on the rich in the name of trickle-down economics while relying on regressive excise taxes on the masses -- an attack similar to that waged by then-Governor Clinton during the 1992 presidential campaign. Further, says Lee, the Bush administration displayed more of a preference for regressive excise taxes than the Clinton plan, whose reliance in part on consumption taxes appears a consequence of 25 years of …
Do Battered Women Deserve Clemency?: Governor Improperly Restricted Use Of Pardoning Power, Kathleen M. Ridolfi
Do Battered Women Deserve Clemency?: Governor Improperly Restricted Use Of Pardoning Power, Kathleen M. Ridolfi
Faculty Publications
No abstract provided.
Should The Characteristics Of Victims And Criminals Count? Payne V. Tennessee And Two Views Of Efficient Punishment, David D. Friedman
Should The Characteristics Of Victims And Criminals Count? Payne V. Tennessee And Two Views Of Efficient Punishment, David D. Friedman
Faculty Publications
No abstract provided.
The Legal Significance Of Gestation, Larry I. Palmer
The Legal Significance Of Gestation, Larry I. Palmer
Faculty Publications
No abstract provided.
Congressional Procedure And Statutory Interpretation, Larry Evans, Jarrell Wright, Neal Devins
Congressional Procedure And Statutory Interpretation, Larry Evans, Jarrell Wright, Neal Devins
Faculty Publications
No abstract provided.
President Clinton's Capital Gains Proposals, John W. Lee
President Clinton's Capital Gains Proposals, John W. Lee
Faculty Publications
Professor Lee believes that the generic capital gains rate should not be increased over 28 percent for revenue and political reasons. But to reflect that, on the average, capital gains realized by middle-income families consists entirely of inflation gain, while half of the capital gain realized at the 31- percent bracket and above consists of economic gain, increasing to 80-percent economic at the very top, he argues that a greater exclusion should be provided at the 28- and 15-percent brackets, either by a "progressive schedule" or by a $3,500 annual exclusion. To strengthen the political base for increasing the top …
Checklist For Long-Term Care Coverage, David M. English
Checklist For Long-Term Care Coverage, David M. English
Faculty Publications
Insurance coverage for long-term care will play an increasingly important role in a society where people are living longer and longer. Long-term care insurance is widely available and fairly easy to obtain. But the types of coverages very widely. Although nearly all states have regulations governing minimum policy terms, the policies on the market offer very different services, levels of coverage, and conditions which must be met before benefits will be paid. The following checklist will help you to decide whether long-term care insurance makes sense for your client and to choose the right kind of policy.
Judicial Reporting Under The Civil Justice Reform Act: Look, Mom, No Cases!, R. Lawrence Dessem
Judicial Reporting Under The Civil Justice Reform Act: Look, Mom, No Cases!, R. Lawrence Dessem
Faculty Publications
This article addresses the new reporting provision of the Civil Justice Reform Act. Part II analyzes the reporting requirement and the requirement's legislative history. Part III describes the implementation of the requirement by the federal judiciary, while Part IV discusses the initial reports filed pursuant to the provision and the media coverage of those reports. Part V next analyzes the wisdom of the reporting requirement, concluding that, on balance, the requirement may be helpful in furthering public accountability of an independent federal judiciary. Part VI then considers what the data now publicly reported under the Civil Justice Reform Act does, …
Implied Assumption Of A Reasonable Risk: Much Ado About Nothing Or Radical Departure In California Law?, Stephanie M. Wildman
Implied Assumption Of A Reasonable Risk: Much Ado About Nothing Or Radical Departure In California Law?, Stephanie M. Wildman
Faculty Publications
No abstract provided.
Big Mother: The State's Use Of Mental Health Experts In Dependency Cases, George J. Alexander
Big Mother: The State's Use Of Mental Health Experts In Dependency Cases, George J. Alexander
Faculty Publications
No abstract provided.
Electronic Conferences: The Report Of An Experiment, I. Trotter Hardy
Electronic Conferences: The Report Of An Experiment, I. Trotter Hardy
Faculty Publications
No abstract provided.