Law Commons^™

Time For A New Law On Health Care Advance Directives, George J. Alexander

Faculty Publications

No abstract provided.

Senior Faculty Attitudes Toward Retirement, David Day, Thomas Langham, Suzan Pearson

Faculty Publications

No abstract provided.

The "Assaultive Jurisprudence": The Free Speech Critique Of Robert Nagle’S Constitutional Cultures, David Day

Faculty Publications

No abstract provided.

The Reservation As Place: A South Dakota Essay, Frank Pommersheim

Faculty Publications

No abstract provided.

Tribal-State Relations: Hope For The Future?, Frank Pommersheim

Faculty Publications

No abstract provided.

Churches And The Courts: The First Amendment Protection From Clergy Lawsuits, Patrick Garry

Faculty Publications

No abstract provided.

Discovery Standards For The Testimonial Expert Under Federal Rule Of Civil Procedure 26(B)(4)(A): A Twentieth Anniversary Assessment, David Day

Faculty Publications

No abstract provided.

Red, White And Blue: An All-American Critique Of Judicial Review, David Day

Faculty Publications

No abstract provided.

Missing Evidence, Dale A. Nance

Faculty Publications

Given the nature of my enterprise, I resist stating a specific thesis. Nevertheless, for the reader who wants an organizing or motivating principle, I offer the following two recurrent themes. First, I want to examine the relationship of traditional admissibility rules to the problem of missing evidence and to other forms of juridical response to that problem. The reason for this interest will be explained in the next section. Second, I want to investigate, as we proceed, the extent to which the regulation of proof, evidence law broadly conceived, is instrumentally related to accuracy or truth seeking, and the extent …

Rules Of Evidence Amendments, Paul C. Giannelli

Faculty Publications

No abstract provided.

Dna Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.

Limited Liability In Environmental Law, George W. Dent

Faculty Publications

The social importance and immense costs of pollution make environmental law an ideal arena for reconsidering theories of limited liability for tort. This article examines the question in the context of the Comprehensive Environmental Response, Compensation, and Liability Act (CER-CLA).1 Part I reviews the text and legislative history of the Act. Part II analyzes the CERCLA case law on the liability of controlling persons, especially those involving parent corporations. Part III discusses the general theory of limited liability and its exceptions. Part IV applies this general theory to CERCLA and finds that its special features call for distinctive approaches. Part …

Privacy Rights And Remedies, Jonathan L. Entin

Faculty Publications

No abstract provided.

Gideon Kanner: The Persistent Advocate, Gerald F. Uelmen

Faculty Publications

No abstract provided.

Lloyd Tevis--The Perfect Mentor, Gerald F. Uelmen

Faculty Publications

No abstract provided.

Choosing Justice, Howard C. Anawalt

Faculty Publications

No abstract provided.

Criminal Law--International Jurisdiction--Federal Child Pornography Statute Applies To Extraterritorial Acts, United States V. Thomas, 893 F.2d 1066 (9th Cir. 1990), Sandee Magliozzi

Faculty Publications

No abstract provided.

Competing In Global Product Innovation: Is Antitrust Immunity Necessary?, George J. Alexander

Faculty Publications

No abstract provided.

The Rehnquist Court And The Dormant Commerce Clause: The Potential Unsettling Of The "Well-Settled Principles", David Day

Faculty Publications

No abstract provided.

Rotten To The "Core": An Essay On Juries, Jurisdiction And Granfinanciera, G. Ray Warner

Faculty Publications

(Excerpt)

Like a worm in an apple, the recent Granfinanciera, S.A. v. Nordberg decision has eaten away the article III heart of the current bankruptcy jurisdictional scheme while leaving nothing more than a seventh amendment blemish on the surface.

Granfinanciera ostensibly involves only the question whether Congress may, consistent with the seventh amendment jury trial guarantee, bar trial by jury in a fraudulent conveyance action brought in the bankruptcy court. The Court, however, converts the issue into an article III delegation question by equating Congress' power to override the seventh amendment with its power to delegate matters to non-article III …

From Widmar To Mergens: The Winding Road Of First Amendment Analysis, Rosemary C. Salomone

Faculty Publications

(Excerpt)

In 1981, the Supreme Court decided Widmar v. Vincent, holding that a state university that created a "limited open forum" by opening its facilities to student organizations must grant equal access to religiously affiliated groups. The university's failure to do so constituted content-based discrimination that violated the First Amendment to the United States Constitution. The Court rejected the university's argument that its policy to disallow religious meetings on campus was implemented to avoid contravening establishment clause principles. The Court's opinion was inconclusive as to whether the Widmar rationale would apply to secondary schools.

During the same period, Congress …

Why Legal Research Training Is So Bad: A Response To Howland And Lewis, I. Trotter Hardy

Faculty Publications

No abstract provided.

Bank Liability For Fiduciary Fraud, Marion W. Benfield Jr., Peter A. Alces

Faculty Publications

No abstract provided.

Judge Robert Bork And The Quest For Original Intent (Reviewing Robert H. Bork, The Tempting Of America: The Political Seduction Of The Law (1990)), Jonathan Van Patten

Faculty Publications

No abstract provided.

Best Evidence Rule, Paul C. Giannelli

Faculty Publications

No abstract provided.

The Coastal Zone Management Act And The Takings Clause In The 1990'S: Making The Case For Federal Land Use To Preserve Coastal Areas, Linda A. Malone

Faculty Publications

No abstract provided.

Editor's Comments, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

Ronald V. Dellums V. George Bush (D.D.C. 1990): Memorandum Amicus Curiae Of Law Professors, Bruce A. Ackerman, Abram Chayes, Lori Fisler Damrosch, John Hart Ely, Erwin N. Griswold, Gerald Gunther, Louis Henkin, Harold Hongju Koh, Philip B. Kurland, Laurence H. Tribe, William W. Van Alstyne

Faculty Publications

This joint memorandum is submitted to the court hearing Dellums v. Bush. This amicus brief advocates that the President may not order American armed forces to make war without consultation with and approval by Congress. The brief also argues that the case is justiciable.

The Limits Of "Liberal Republicanism": Why Group-Based Remedies And Republican Citizenship Don't Mix, Cynthia V. Ward

Faculty Publications

No abstract provided.

Valuation Issues In Applying Fraudulent Transfer Law To Leveraged Buyouts, Alemante G. Selassie

Faculty Publications

No abstract provided.