Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (851)
- Courts (407)
- International Law (405)
- Criminal Law (397)
- Civil Rights and Discrimination (353)
-
- Legal Education (285)
- Intellectual Property Law (280)
- Criminal Procedure (262)
- Dispute Resolution and Arbitration (262)
- Supreme Court of the United States (258)
- First Amendment (239)
- Environmental Law (227)
- Labor and Employment Law (223)
- Tax Law (218)
- Business Organizations Law (214)
- Evidence (201)
- Health Law and Policy (195)
- Litigation (194)
- Social and Behavioral Sciences (180)
- Family Law (175)
- Administrative Law (169)
- Property Law and Real Estate (168)
- Law and Gender (157)
- Legal Writing and Research (150)
- Civil Procedure (141)
- Judges (139)
- Torts (139)
- Education Law (137)
- Legal History (133)
- Institution
-
- William & Mary Law School (2195)
- University of Missouri School of Law (1216)
- Case Western Reserve University School of Law (808)
- University of North Carolina School of Law (761)
- St. John's University School of Law (750)
-
- Santa Clara Law (641)
- Marquette University Law School (576)
- University of South Carolina (495)
- University of South Dakota (433)
- Florida International University College of Law (380)
- Villanova University Charles Widger School of Law (222)
- University of Maine School of Law (171)
- Air Force Institute of Technology (32)
- San Jose State University (11)
- Brigham Young University (6)
- Stephen F. Austin State University (6)
- Andrews University (3)
- Linfield University (3)
- Louisiana State University (2)
- Luther Seminary (2)
- Rollins College (1)
- The University of Southern Mississippi (1)
- University of Northern Iowa (1)
- Keyword
-
- Law (230)
- Constitutional Law (229)
- Devins works (129)
- Evidence (128)
- Litigation (125)
-
- United States Supreme Court (102)
- Courts (100)
- Contracts (99)
- Federalism (99)
- Dispute resolution (98)
- Taxation (98)
- International Law (88)
- Legal education (84)
- Constitution (82)
- Book review (81)
- Supreme Court (79)
- Copyright (72)
- Federal Courts (71)
- First Amendment (71)
- International law (71)
- Discrimination (70)
- Legal writing (70)
- Bankruptcy (67)
- Mediation (66)
- Religion (66)
- Adler works (65)
- Arbitration (64)
- Criminal law (62)
- Constitutional law (61)
- United States (61)
- Publication Year
- File Type
Articles 7411 - 7440 of 8716
Full-Text Articles in Law
Zoe Baird, Betrayal And Fragmentation, Susan Grover
Zoe Baird, Betrayal And Fragmentation, Susan Grover
Faculty Publications
No abstract provided.
“Thirty Pieces Of Silver” For The Rights Of Your People: Irresistible Offers Reconsidered As A Matter Of State Constitutional Law, William W. Van Alstyne
“Thirty Pieces Of Silver” For The Rights Of Your People: Irresistible Offers Reconsidered As A Matter Of State Constitutional Law, William W. Van Alstyne
Faculty Publications
No abstract provided.
The Employer's Fetal Injury Quandary After Johnson Controls, Susan Grover
The Employer's Fetal Injury Quandary After Johnson Controls, Susan Grover
Faculty Publications
No abstract provided.
Creating An Expert System For Legislative History Research: Project Clear's 'Lexpert', I. Trotter Hardy
Creating An Expert System For Legislative History Research: Project Clear's 'Lexpert', I. Trotter Hardy
Faculty Publications
Professor Hardy describes techniques that help to automate the creation of Lexpert, an expert system for giving advice about legislative history research.
The Future Of Transfer Taxation: Repeal, Restructuring And Refinement, Or Replacement, John E. Donaldson
The Future Of Transfer Taxation: Repeal, Restructuring And Refinement, Or Replacement, John E. Donaldson
Faculty Publications
No abstract provided.
Uniformity In The Federal Courts: A Proposal For Increasing The Use Of En Banc Appellate Review, Michael Ashley Stein
Uniformity In The Federal Courts: A Proposal For Increasing The Use Of En Banc Appellate Review, Michael Ashley Stein
Faculty Publications
No abstract provided.
Virtues (And Limits) Of Shared Values: The Fourth Amendment And Miranda's Concept Of Custody, Richard A. Williamson
Virtues (And Limits) Of Shared Values: The Fourth Amendment And Miranda's Concept Of Custody, Richard A. Williamson
Faculty Publications
Miranda only protects suspects who the police subject to custodial interrogation. The concept of custody is tethered to the Fifth Amendment privilege against self-incrimination; thus, to render a suspect in custody, law enforcement officials must subject the suspect to a compelling environment that tends to undermine that privilege. In this article, Professor Richard A. Williamson examines the application of Miranda to Terry stops. He reviews the impact of the Beheler and Berkemer decisions, which held that suspects who officials stop based on reasonable suspicion, as opposed to suspects who officials arrest, are not entitled to Miranda warnings. Professor Williamson generally …
Corporate Tax Policy For The Twenty-First Century: Integration And Redeeming Social Value, Glenn E. Coven
Corporate Tax Policy For The Twenty-First Century: Integration And Redeeming Social Value, Glenn E. Coven
Faculty Publications
No abstract provided.
The Patient-Physician Relationship In An Era Of Scarce Resources: Is There A Duty To Treat?, Maxwell J. Mehlman
The Patient-Physician Relationship In An Era Of Scarce Resources: Is There A Duty To Treat?, Maxwell J. Mehlman
Faculty Publications
This Article examines the three major areas of common law that govern the patient-physician relationship: contract law, tort law, and fiduciary law. It explores the definition of the patient-physician relationship within each doctrine and the extent to which physicians must furnish care to patients regardless of resource constraints. After concluding that the common law cannot ensure that individual patients receive access to needed health care services, the Article explores how the law might be changed to achieve this result.
Battered Woman Syndrome, Paul C. Giannelli
Computing Time, James D. Ghiardi
Scientific Evidence In Wisconsin After Daubert, Daniel Blinka
Scientific Evidence In Wisconsin After Daubert, Daniel Blinka
Faculty Publications
No abstract provided.
Aids And Athletics, Matthew J. Mitten
Neither Liberal Nor Laissez Faire: A Prediction Of Justice Ginsburg's Approach To Business Law Issues, Edward A. Fallone
Neither Liberal Nor Laissez Faire: A Prediction Of Justice Ginsburg's Approach To Business Law Issues, Edward A. Fallone
Faculty Publications
No abstract provided.
Winners, Losers, And Attorney's Fees: Who Pays And When?, Jay E. Grenig
Winners, Losers, And Attorney's Fees: Who Pays And When?, Jay E. Grenig
Faculty Publications
No abstract provided.
What Triggers The Time Period For Applying For Attorney's Fees Under The Eaja In Social Security Benefits Cases?, Jay E. Grenig
What Triggers The Time Period For Applying For Attorney's Fees Under The Eaja In Social Security Benefits Cases?, Jay E. Grenig
Faculty Publications
No abstract provided.
Team Physicians And Competitive Athletes: Allocating Legal Responsibility For Athletic Injuries, Matthew J. Mitten
Team Physicians And Competitive Athletes: Allocating Legal Responsibility For Athletic Injuries, Matthew J. Mitten
Faculty Publications
No abstract provided.
The Differing Treatment Of Efficiency And Competition In Antitrust And Tortious Interference Law, Gary Myers
The Differing Treatment Of Efficiency And Competition In Antitrust And Tortious Interference Law, Gary Myers
Faculty Publications
During the last twenty years, there has been a revolution in antitrust law. As a result of extensive scholarly and judicial analysis, a new learning has developed concerning the content, role, and effect of antitrust doctrines. This trend has focused primarily on the primacy of consumer welfare and economic efficiency. Most commentators now assume that these two interrelated goals are the principal, if not exclusive, concerns of antitrust law. The United States Supreme Court has responded to these new approaches by modifying or altering antitrust law in a long series of cases. Similarly, the new learning has affected the focus …
A History Of The Opening Statement From Barristers To Corporate Lawyers: A Case Study Of South Carolina, W. Lewis Burke
A History Of The Opening Statement From Barristers To Corporate Lawyers: A Case Study Of South Carolina, W. Lewis Burke
Faculty Publications
No abstract provided.
The Law School Expansion Draft (On The Lighter Side), Paul A. Lebel
The Law School Expansion Draft (On The Lighter Side), Paul A. Lebel
Faculty Publications
No abstract provided.
Rethinking Professor Westbrook's Two Thoughts About Insider Preferences, Peter A. Alces
Rethinking Professor Westbrook's Two Thoughts About Insider Preferences, Peter A. Alces
Faculty Publications
No abstract provided.
The Confirmation Process And The Quality Of Political Debate, Jonathan L. Entin
The Confirmation Process And The Quality Of Political Debate, Jonathan L. Entin
Faculty Publications
This Article examines the seeming contradiction between the rise of the ideological model and the increasing public revulsion against the degrading spectacle that the confirmation process all too often has become. The principal problem with recent confirmation debates has been the exaggeration of the stakes of argument. Participants have focused so single-mindedly on winning the immediate battle that they have lost sight of the limited impact that any individual justice can have on American law and society. I suggest that the kind of political discourse which can promote effective government has both normative and empirical components. The normative aspect involves …
Symposium On Religion And The Public Schools After Lee V. Weisman- Introduction, Jonathan L. Entin
Symposium On Religion And The Public Schools After Lee V. Weisman- Introduction, Jonathan L. Entin
Faculty Publications
Introduction to the Symposium: Religion and the Public Schools after Lee v. Weisman. Cleveland, Ohio, 1993
Chain Of Custody, Paul C. Giannelli
Of God And Caesar: The Free Exercise Rights Of Public School Students, George W. Dent
Of God And Caesar: The Free Exercise Rights Of Public School Students, George W. Dent
Faculty Publications
No abstract provided.
“Junk Science”: The Criminal Cases, Paul C. Giannelli
“Junk Science”: The Criminal Cases, Paul C. Giannelli
Faculty Publications
No abstract provided.
Bargaining With Uncertainty, Moral Hazard And Sunk Costs: A Default Rule For Precontractual Negotiations, Juliet P. Kostritsky
Bargaining With Uncertainty, Moral Hazard And Sunk Costs: A Default Rule For Precontractual Negotiations, Juliet P. Kostritsky
Faculty Publications
Drawing from a model of bargaining behavior based on transaction cost economics, relational theories of contract,23 Williamsonian models of contracting behavior, and other economic insights, this Article argues that achieving the optimal solution for the complexities of bargaining relationships demands the adoption of a new legal default rule. This new default rule should have two aspects: First, the law should substantively recognize an implicit bargain, even in the absence of explicitly reciprocal communications. Second, the law should impose an obligation to perform that incorporates the terms of the parties' unexpressed, implicit bargain.
Looking For Default Rule Legitimacy In All The Wrong Places: A Critique Of The Authority Of Contract Model And The Coordination Principle Proposed By Professor Burto, Juliet P. Kostritsky
Looking For Default Rule Legitimacy In All The Wrong Places: A Critique Of The Authority Of Contract Model And The Coordination Principle Proposed By Professor Burto, Juliet P. Kostritsky
Faculty Publications
A central question of contract law remains: when should the law supply a term not expressly agreed to? Many scholars have addressed that question, yet the justification for law- supplied terms often remains unconvincing. Because many proposals to supply terms do not incorporate a comparative frameworkfor assessing the costs and benefits of legal interventions, they are incompletely justifled. This Article proposes that a comparative net benefit approach (developed in institutional economics to explain private arrangements) be adapted and expanded to resolve fundamental issues of legal intervention. This Article uses that framework to critique the (1) hypothetical bargain and (2) Ayres/Gertner …
Internal Dispute Resolution: The Transformation Of Civil Rights In The Workplace, John M. Lande, Lauren B. Edelman, Howard S. Erlanger
Internal Dispute Resolution: The Transformation Of Civil Rights In The Workplace, John M. Lande, Lauren B. Edelman, Howard S. Erlanger
Faculty Publications
Many employers create internal procedures for the resolution of discrimination complaints. We examine internal complaint handlers' conceptions of civil rights law and the implications of those conceptions for their approach to dispute resolution. Drawing on interview data, we find that complaint handlers tend to subsume legal rights under managerial interests. They construct civil rights law as a diffuse standard of fairness, consistent with general norms of good management. Although they seek to resolve complaints to restore smooth employment relations, they tend to recast discrimination claims as typical managerial problems. While the assimilation of law into the management realm may extend …
Rethinking Wrongful Life: Bridging The Boundary Between Tort And Family Law, Philip G. Peters Jr.
Rethinking Wrongful Life: Bridging The Boundary Between Tort And Family Law, Philip G. Peters Jr.
Faculty Publications
Traditional tort law embraces an unduly narrow notion of corrective justice that fails to resolve wrongful life disputes satisfactorily. The unique circumstances associated with the creation of a new life bring into play another, broader paradigm of responsibility: one that resembles family law more than tort. From this perspective, children whose birth can be attributed to tortious conduct have a strong moral claim for supplemental child support whenever a tortfeasor's interference with the pro- creative rights of the parents foreseeably results in the birth of a child and that child's parents cannot provide adequate support. In such an instance, the …