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Faculty Publications

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Articles 7621 - 7650 of 8707

Full-Text Articles in Law

The Role Of Precedent In Constitutional Decisionmaking And Theory, Michael J. Gerhardt Jan 1991

The Role Of Precedent In Constitutional Decisionmaking And Theory, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Editor's Notes, Peter A. Alces Jan 1991

Editor's Notes, Peter A. Alces

Faculty Publications

No abstract provided.


Reducing The Recovery Of Avoidable Seat-Belt Damages: A Cure For The Defects Of Waterson V. General Motors Corporation, Paul A. Lebel Jan 1991

Reducing The Recovery Of Avoidable Seat-Belt Damages: A Cure For The Defects Of Waterson V. General Motors Corporation, Paul A. Lebel

Faculty Publications

No abstract provided.


Limiting Disclosure Of Rape Victims' Identities, Paul Marcus, Tara L. Mcmahon Jan 1991

Limiting Disclosure Of Rape Victims' Identities, Paul Marcus, Tara L. Mcmahon

Faculty Publications

No abstract provided.


Freedom Of Speech And The Flag Anti-Desecration Amendment: Antinomies Of Constitutional Choice, William W. Van Alstyne Jan 1991

Freedom Of Speech And The Flag Anti-Desecration Amendment: Antinomies Of Constitutional Choice, William W. Van Alstyne

Faculty Publications

No abstract provided.


Affirmative Action In The Marketplace Of Ideas, Rodney A. Smolla Jan 1991

Affirmative Action In The Marketplace Of Ideas, Rodney A. Smolla

Faculty Publications

No abstract provided.


Reporting Substantial Product Safety Hazards Under The Consumer Product Safety Act: The Products Liability Interface, Timothy Zick Jan 1991

Reporting Substantial Product Safety Hazards Under The Consumer Product Safety Act: The Products Liability Interface, Timothy Zick

Faculty Publications

No abstract provided.


Prisoners' Rights, Timothy Zick Jan 1991

Prisoners' Rights, Timothy Zick

Faculty Publications

No abstract provided.


The Rhetoric Of Equality, Neal Devins Jan 1991

The Rhetoric Of Equality, Neal Devins

Faculty Publications

No abstract provided.


Institutional Investors And The New Corporate Governance, Jayne W. Barnard Jan 1991

Institutional Investors And The New Corporate Governance, Jayne W. Barnard

Faculty Publications

During the last decade, American capital markets have experienced a marked shift from a constituency made up primarily of household investors to one made up primarily of institutional investors. Institutional investors are fiduciary bodies such as pension funds, mutual funds, and employee stock ownership plans, representing large numbers of beneficiaries. As collective entitites, institutional investors often amass billions of dollars in assets, thus giving them the potential for substantial influence on the companies in which they invest. In recent years, some institutional investors have sought to use this influence to challenge traditional patterns of corporate governance, claiming that new patterns …


Time Changes: A Review Of To The End Of Time: The Seduction And Conquest Of A Media Empire, Jayne W. Barnard Jan 1991

Time Changes: A Review Of To The End Of Time: The Seduction And Conquest Of A Media Empire, Jayne W. Barnard

Faculty Publications

No abstract provided.


The Constitutionality Of High-Speed Pursuits Under The Fourth And Fourteenth Amendments, Kathryn R. Urbonya Jan 1991

The Constitutionality Of High-Speed Pursuits Under The Fourth And Fourteenth Amendments, Kathryn R. Urbonya

Faculty Publications

No abstract provided.


Redefining Debt: Of Indianapolis Power And Fictitious Interest, Glenn E. Coven Jan 1991

Redefining Debt: Of Indianapolis Power And Fictitious Interest, Glenn E. Coven

Faculty Publications

No abstract provided.


A Tribute To Judge Charles Clark, Rodney A. Smolla Jan 1991

A Tribute To Judge Charles Clark, Rodney A. Smolla

Faculty Publications

No abstract provided.


The Commodity Exchange Monopoly – Reform Is Needed, Jerry W. Markham Jan 1991

The Commodity Exchange Monopoly – Reform Is Needed, Jerry W. Markham

Faculty Publications

In theory, the commodity futures markets are the essence of competition. All orders are required to be exposed to trading pits where traders vie competitively and aggressively to assure the best possible execution price. On the surface, as observed from the exchange galleries or on television, the exchanges do appear to be highly competitive, particularly when one views hundreds of traders screaming and gesticulating wildly for orders. The now famous sting operations on the Chicago exchanges in 1989, however, have provided dramatic evidence that a dangerous symbiotic relationship has developed among traders on the floor that is undermining competition and …


An Introduction To Federal Court Rulemaking Procedure, Thomas E. Baker Jan 1991

An Introduction To Federal Court Rulemaking Procedure, Thomas E. Baker

Faculty Publications

Toward the end of September 1990 at a closed meeting in Washington, DC, the Judicial Conference of the United States passed on a substantial set of proposed amendments to the rules of practice and procedure of the federal courts. The new appellate rules authorized local circuit rules on electronic filing, required a jurisdictional statement in the appellant's brief and eliminated some inconsistencies in the notice rules for admiralty appeals.


Private Market Solutions To The Savings And Loan Crisis: Bank Holding Company Acquisitions Of Savings Associations, Lissa Lamkin Broome Jan 1991

Private Market Solutions To The Savings And Loan Crisis: Bank Holding Company Acquisitions Of Savings Associations, Lissa Lamkin Broome

Faculty Publications

No abstract provided.


United States V. Chestman -- Trading In Securities On The Basis Of Nonpublic Information In Advance Of A Tender Offer, Thomas Lee Hazen Jan 1991

United States V. Chestman -- Trading In Securities On The Basis Of Nonpublic Information In Advance Of A Tender Offer, Thomas Lee Hazen

Faculty Publications

No abstract provided.


Accutane: Has Drug Regulation In The United States Reached Its Limits?, Joan H. Krause Jan 1991

Accutane: Has Drug Regulation In The United States Reached Its Limits?, Joan H. Krause

Faculty Publications

No abstract provided.


In Defense Of Smith And Free Exercise Revisionism, William P. Marshall Jan 1991

In Defense Of Smith And Free Exercise Revisionism, William P. Marshall

Faculty Publications

No abstract provided.


The Concept Of Offensiveness In Establishment And Free Exercise Jurisprudence, William P. Marshall Jan 1991

The Concept Of Offensiveness In Establishment And Free Exercise Jurisprudence, William P. Marshall

Faculty Publications

No abstract provided.


The Secret Of Success: The Small-Section First-Year Skills Offering And Its Relationship To Independent Thinking, James E. Moliterno Oct 1990

The Secret Of Success: The Small-Section First-Year Skills Offering And Its Relationship To Independent Thinking, James E. Moliterno

Faculty Publications

No abstract provided.


A Rational Choice Theory Of Supreme Court Statutory Decisions With Applications To The State Farm And Grove City Cases, Rafael Gely, Pablo T. Spiller Oct 1990

A Rational Choice Theory Of Supreme Court Statutory Decisions With Applications To The State Farm And Grove City Cases, Rafael Gely, Pablo T. Spiller

Faculty Publications

In this article we follow the recent developments of the modern theory of administrative agencies, by developing a rational choice theory of the Supreme Court. Our framework combines two of the main characteristics of this literature: namely, the rational choice modeling strategy with the notion that institutions matter in the design of public policy. We differ basically by modeling the Supreme Court as a self-interested, ideologically motivated institution, making its decisions subject not to the traditional legal rules of precedent, but to the constraints arising from the political interests of other institutions of government-namely, Congress and the President.


Products Liability: Principles Of Justice For The 21st Century, David G. Owen Oct 1990

Products Liability: Principles Of Justice For The 21st Century, David G. Owen

Faculty Publications

No abstract provided.


Shareholder Access To The Proxy Revisited, Jayne W. Barnard Oct 1990

Shareholder Access To The Proxy Revisited, Jayne W. Barnard

Faculty Publications

No abstract provided.


Statutory Personal Property Lease Law In Alabama, Peter A. Alces, P. Cade Newman Oct 1990

Statutory Personal Property Lease Law In Alabama, Peter A. Alces, P. Cade Newman

Faculty Publications

No abstract provided.


The Military Rules Of Evidence: Origins And Judicial Implementation, Fredric I. Lederer Oct 1990

The Military Rules Of Evidence: Origins And Judicial Implementation, Fredric I. Lederer

Faculty Publications

No abstract provided.


A Judicial Postscript On The Church-State Debates Of 1989: How Porous The Wall, How Civil The State?, William W. Van Alstyne Oct 1990

A Judicial Postscript On The Church-State Debates Of 1989: How Porous The Wall, How Civil The State?, William W. Van Alstyne

Faculty Publications

This work is a continuation of the debate regarding the Establishment Clause. The focus lies with Justice O’Connor’s concurrence in County of Allegheny v. ACLU and how this opinion harkens back to a concept shared by Jefferson and Madison, that the establishment clause is designed to prevent government favoritism.


Contingency Contracting In The Low-Intensity Conflict Environment, Steve Bell Oct 1990

Contingency Contracting In The Low-Intensity Conflict Environment, Steve Bell

Faculty Publications

The United States military presence in Central and South America is under attack, both literally and politically, as bombings and sniper fire directed against U.S. military personnel characterize the low-intensity conflict (LIC) environment in certain parts of Latin America. The process of contracting support for U.S. forces in a LIC environment is oriented toward sustaining operations in the field, as opposed to contracting for mobilization or surge production. A significant characteristic of this field support is that a contracting officer (KO) deploys overseas with the supported military unit. Some of the unique concerns faced by a KO deploying with an …


Academic Freedom, Hate Speech, And The Idea Of A University, Rodney A. Smolla Jul 1990

Academic Freedom, Hate Speech, And The Idea Of A University, Rodney A. Smolla

Faculty Publications

No abstract provided.