Law Commons^™

Private Practice For Public Consumption: Two Views Of Corporate Law, Jayne W. Barnard

Faculty Publications

No abstract provided.

Can A Federal Court Block The Enforcement Action Of A Federal Administrative Agency Before The Agency Has Reviewed The Action?, Jay E. Grenig

Faculty Publications

No abstract provided.

Book Review Of Race, Law, And American History, 1700-1990, Davison M. Douglas

Faculty Publications

No abstract provided.

"Accidental" Shootings As Fourth Amendment Seizures, Kathryn R. Urbonya

Faculty Publications

No abstract provided.

Freedom Of Speech For Libraries And Librarians, Rodney A. Smolla

Faculty Publications

Noting the recent bicentennial of the First Amendment to the United States Constitution, Professor Smolla considers the role of librarians in opposing censorship. He proposes a new principle of "professionalism" to establish the librarian's role, and discusses the principle in light of the Supreme Court's decision in Board of Education v. Pico.

Redistributing Bank Insolvency Risks: Challenges To Limited Liability In The Bank Holding Company Structure, Lissa Lamkin Broome

Faculty Publications

No abstract provided.

Legal Anthropology Comes Home: A Brief History Of The Ethnographic Study Of Law, John M. Conley, William M. O'Barr

Faculty Publications

No abstract provided.

The Pressure Of Precedent: A Critique Of The Conservative Approaches To Stare Decisis In Abortion Cases, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Lessons From Federal Pesticide Regulation On The Paradigms And Politics Of Environmental Law Reform, Donald Thomas Hornstein

Faculty Publications

No abstract provided.

The Inequality Of Anti-Establishment, William P. Marshall

Faculty Publications

No abstract provided.

Remaking Confrontation Clause And Hearsay Doctrine Under The Challenge Of Child Sexual Abuse Prosecutions, Robert P. Mosteller

Faculty Publications

No abstract provided.

Justice Scalia, Standing, And Public Law Litigation, Gene R. Nichol Jr.

Faculty Publications

No abstract provided.

Doping Out The Capitalization Rules After Indopco, John W. Lee

Faculty Publications

In this article, Lee provides guidance for Treasury and the IRS (in their promised clarification of application of INDOPCO). He delineates how to avoid what he perceives as the past pitfalls of capitalization of recurring, insubstantial, or relatively short-lived expenditures with Ito, or inadequate, amortization. The article also sets forth models for (a) amortizing as. a freestanding deferred charge long-lived substantial self-created intangibles such as business expansion costs, including employee training costs, and (b) expensing, or perhaps better, amortizing currently less substantial or regularly recurring, steady state self-created intangibles (such as repairs and advertising, respectively).

Causation In Fact In Omission Cases, David A. Fischer

Faculty Publications

This article analyzes the difficulties involved in attributing cause in fact in omission cases, and suggests possible resolutions. Part II discusses the basic concept of causation, and the distinction between acts and omissions. Part III discusses the particular problems that arise in applying causation principles in omission cases. Part IV then analyzes these problems from both corrective justice and economic analysis perspectives. Finally, the article suggests an approach for solving these complex issues.

Equitable Estoppel Against The Government - The Missouri Experience: Time To Rethink The Concept, Kenneth D. Dean

Faculty Publications

The purpose of this article is to examine the Missouri cases to determine if there are patterns which provide guidance in understanding what constitutes “exceptional” circumstances or “manifest injustice,” to determine if there is a coherent theory underlying the application of the *68 doctrine, and, finally, to propose modifications to the traditional approach.

Harlot's Ghost And Jfk: A Fictional Conservation With Norman Mailer, Oliver Stone, Earl Warren, And Hugo Black, Rodney A. Smolla

Faculty Publications

No abstract provided.

Ethnic Identity And Constitutional Design For Africa, Alemante G. Selassie

Faculty Publications

No abstract provided.

A Symbolic Balanced Budget Amendment, Neal Devins

Faculty Publications

No abstract provided.

The Upc And The New Durable Powers, David M. English

Faculty Publications

This article thoroughly explores the escalation of interest in durable powers of attorney, with particular emphasis on health care powers and advance directives. The author focuses on durable power legislation influenced by the Unifomi Probate Code and health care power and advance directive statutes enacted in response to recent decisions dealing with the withholding or withdrawal of life-sustaining treatment.

Banking And Insurance - Should Ever The Twain Meet?, Emeric Fischer

Faculty Publications

No abstract provided.

Book Review Of Federal Courts And The International Human Rights Paradigm And World Justice? U.S. Courts And International Human Rights, Linda A. Malone

Faculty Publications

No abstract provided.

An Improved Choice: The Virginia Limited Liability Company, James J. Wheaton

Faculty Publications

When the General Assembly adopted the Virginia Limited Liability Company Act (the "Act")' in 1991, Virginia joined just four other states in recognizing the potential of a relatively obscure business entity, the limited liability company ("LLC"). The LLC concept has spread rapidly since the adoption of the Virginia Act early last year. Three other states enacted LLC legislation in 1991, and in just the first few months of 1992, six more states followed the trend.

[...]

Although the number of LLCs formed in Virginia since the Virginia Act took effect last July displays the willingness of Virginia attorneys to recommend …

Liberal Visions Of The Freedom Of The Press, Michael J. Gerhardt

Faculty Publications

No abstract provided.

The Fault Pit, David G. Owen

Faculty Publications

No abstract provided.

Group Versus Individuals, Neal Devins

Faculty Publications

No abstract provided.

A Legislative History Of The Creation Of The Eleventh Circuit, Thomas E. Baker

Faculty Publications

No abstract provided.

Lawyers And Loyalty, Michael K. Mcchrystal

Faculty Publications

No abstract provided.

Public Law, Private School: Choice, The Constitution, And Some Emerging Issues, Peter K. Rofes

Faculty Publications

No abstract provided.

Beyond Guardianship Reform: A Reevaluation Of Autonomy And Beneficence For A System Of Principled Decision-Making In Long Term Care, Alison Patrucco Barnes

Faculty Publications

No abstract provided.

Amateur Athletes With Handicaps Or Physical Abnormalities: Who Makes The Participation Decision?, Matthew J. Mitten

Faculty Publications

No abstract provided.