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Articles 7711 - 7740 of 8707
Full-Text Articles in Law
Challenging Discriminatory Guesswork: Does Impact Analysis Apply, Michael A. Middleton
Challenging Discriminatory Guesswork: Does Impact Analysis Apply, Michael A. Middleton
Faculty Publications
This article initially examines the traditional theories of proof in Title VII cases. It then discusses approaches by lower courts in resolving the competing concerns raised in applying those traditional theories in challenges to subjective selection devices. This article next discusses the Supreme Court's resolution of the problem in Watson and suggests a workable alternative resolution that will not undermine the broad prophylactic purposes of Title VII.
Policing Hot Pursuits: The Discovery Of Aleatory Elements, Geoffrey P. Alpert, Roger G. Dunham
Policing Hot Pursuits: The Discovery Of Aleatory Elements, Geoffrey P. Alpert, Roger G. Dunham
Faculty Publications
No abstract provided.
The Moral Foundations Of Punitive Damages, David G. Owen
The Moral Foundations Of Punitive Damages, David G. Owen
Faculty Publications
No abstract provided.
Emotional Distress, The First Amendment, And This Kind Of Speech: A Heretical Perspective On Hustler Magazine V. Falwell, Paul A. Lebel
Emotional Distress, The First Amendment, And This Kind Of Speech: A Heretical Perspective On Hustler Magazine V. Falwell, Paul A. Lebel
Faculty Publications
No abstract provided.
Conservation At The Crossroads: Reauthorization Of The 1985 Farm Bill Conservation Provisions, Linda A. Malone
Conservation At The Crossroads: Reauthorization Of The 1985 Farm Bill Conservation Provisions, Linda A. Malone
Faculty Publications
No abstract provided.
Problematic Standards Of Reasonableness: Qualified Immunity In Section 1983 Actions For A Police Officer's Use Of Excessive Force, Kathryn R. Urbonya
Problematic Standards Of Reasonableness: Qualified Immunity In Section 1983 Actions For A Police Officer's Use Of Excessive Force, Kathryn R. Urbonya
Faculty Publications
No abstract provided.
Impeachment Of Witnesses: Part Ii, Paul C. Giannelli
Impeachment Of Witnesses: Part Ii, Paul C. Giannelli
Faculty Publications
No abstract provided.
Killing Daddy: Developing A Self-Defense Strategy For The Abused Child, Joelle A. Moreno
Killing Daddy: Developing A Self-Defense Strategy For The Abused Child, Joelle A. Moreno
Faculty Publications
No abstract provided.
When Can A Grievance Arbitrator Apply Outside Law?, Jay E. Grenig
When Can A Grievance Arbitrator Apply Outside Law?, Jay E. Grenig
Faculty Publications
No abstract provided.
Rhetoric And Retrenchment: Agrarian Ideology And American Bankruptcy Law, David Ray Papke
Rhetoric And Retrenchment: Agrarian Ideology And American Bankruptcy Law, David Ray Papke
Faculty Publications
No abstract provided.
Delusion Or Despair: The Concept Of Limited Admissibility In The Law Of Evidence, Daniel D. Blinka
Delusion Or Despair: The Concept Of Limited Admissibility In The Law Of Evidence, Daniel D. Blinka
Faculty Publications
No abstract provided.
Does The Nlrb Have Exclusive Jurisdiction Over Claims Of Discriminatory Job Referrals?, Jay E. Grenig
Does The Nlrb Have Exclusive Jurisdiction Over Claims Of Discriminatory Job Referrals?, Jay E. Grenig
Faculty Publications
No abstract provided.
Must A Railroad Bargain With Its Employees Before Selling Its Rail Lines?, Jay E. Grenig
Must A Railroad Bargain With Its Employees Before Selling Its Rail Lines?, Jay E. Grenig
Faculty Publications
No abstract provided.
Are Bribes Of Foreign Officials Precluded From Judicial Review?, Michael Peter Waxman
Are Bribes Of Foreign Officials Precluded From Judicial Review?, Michael Peter Waxman
Faculty Publications
No abstract provided.
Who Is Entitled To Subsidized Early Retirement Benefits When A Pension Plan Is Terminated?, Jay E. Grenig
Who Is Entitled To Subsidized Early Retirement Benefits When A Pension Plan Is Terminated?, Jay E. Grenig
Faculty Publications
No abstract provided.
May A Federal Employee Sue A Union In Federal Court For Breach Of The Duty Of Fair Representation?, Jay E. Grenig
May A Federal Employee Sue A Union In Federal Court For Breach Of The Duty Of Fair Representation?, Jay E. Grenig
Faculty Publications
No abstract provided.
Can Indirect Purchasers Recover Damages Under State Antitrust Laws?, Ramon A. Klitzke
Can Indirect Purchasers Recover Damages Under State Antitrust Laws?, Ramon A. Klitzke
Faculty Publications
No abstract provided.
Goodness And Humanness: Distinguishing Traits, James E. Moliterno
Goodness And Humanness: Distinguishing Traits, James E. Moliterno
Faculty Publications
No abstract provided.
The State's Interest In The Preservation Of Life: From Quinlan To Cruzan, Philip G. Peters Jr.
The State's Interest In The Preservation Of Life: From Quinlan To Cruzan, Philip G. Peters Jr.
Faculty Publications
This article considers the kinds of limits on withholding that each of these policies might plausibly support, compares these limits to the judicial approaches taken in the refusal of treatment cases, and explores how apparent conflicts between these state goals and the interests of the patients might be resolved. Because this article focuses exclusively on the state's interests, however, it necessarily isolates and considers only one portion of a complex problem involving the interests of patients, families, providers, and others. No comprehensive examination of the nature and weight of the patient's interests or those of other involved parties is attempted. …
U.S. Supreme Court: The 1988-1989 Term, Paul C. Giannelli
U.S. Supreme Court: The 1988-1989 Term, Paul C. Giannelli
Faculty Publications
No abstract provided.
Proxy Regulation In Search Of A Purpose, George W. Dent
Proxy Regulation In Search Of A Purpose, George W. Dent
Faculty Publications
Changing conditions often force us to rethink the role of a law. Professor Ryan's scholarly article, Rule 14a-8, Institutional Shareholder Proposals, and Corporate Democracy,underscores this need. His article is useful for both its successes and its failures. Its principal failure is its inability to identify a general justification for the rule. This is helpful; the failure of an intelligent and deter- mined advocate to find a persuasive defense of the rule confirms that no defense is possible. The article succeeds principally in showing how institutional investors have recently used the rule in ways that put the rule in a new …
Expert Witnesses, Paul C. Giannelli
Toward Unifying Ownership And Control In The Public Corporation, George W. Dent
Toward Unifying Ownership And Control In The Public Corporation, George W. Dent
Faculty Publications
In 1932, Adolf Berle and Gardiner Means published the seminal book, The Modern Corporation and Private Property. This work set forth the thesis that corporate law's central dilemma has been the separation of ownership and control in publicly held corporations. Over the years, the Berle-Means thesis has been tossed aside by critics who argue that economic forces compel managers to act as if the shareholders were in control and by those who welcome the idea that managers are able to exercise their more enlightened business acumen. On the other hand, those who share concerns over the separation of ownership and …
Stepping Out Of The Morass Of Duress Cases: A Suggested Policy Guide, Juliet P. Kostritsky
Stepping Out Of The Morass Of Duress Cases: A Suggested Policy Guide, Juliet P. Kostritsky
Faculty Publications
Traditional coercion theories and elements are simply inadequate as an exclusive focus of analysis in duress cases. This Article does not propose a new theory of duress. Instead, it suggests a refinement of doctrine in which the courts candidly articulate certain key policy goals and develop elements based on them. These policy goals include efficiency, disclosure of unexpected risks, judicial capability, reliance, and economic incentives. If decisionmakers adopted the policy analyses suggested here, the predictability of judicial decisionmaking would be enhanced and a supplemental analysis would be available when the doctrinal elements become difficult to apply. Moreover, this approach would …
New Developments In Kansas Insurance Law, Robert H. Jerry Ii
New Developments In Kansas Insurance Law, Robert H. Jerry Ii
Faculty Publications
Since 1959 the Kansas Law Review has encouraged commentary on recent developments in Kansas insurance law. This article continues this tradition, examining developments that have occurred during the last five years.
First Amendment And Freedom Of The Press: A Revised Approach To The Marketplace Of Ideas Concept, Patrick Garry
First Amendment And Freedom Of The Press: A Revised Approach To The Marketplace Of Ideas Concept, Patrick Garry
Faculty Publications
No abstract provided.
Age-Based Rationing And Technological Development, Maxwell J. Mehlman
Age-Based Rationing And Technological Development, Maxwell J. Mehlman
Faculty Publications
Comment on Daniel Callahan's "Setting Limits."
Constitutional Interpretation: Defining Liberty Under The Constitution, David D. Friedman
Constitutional Interpretation: Defining Liberty Under The Constitution, David D. Friedman
Faculty Publications
No abstract provided.
Franchising In Mainland China, Anna M. Han, Christopher Oechsli
Franchising In Mainland China, Anna M. Han, Christopher Oechsli
Faculty Publications
No abstract provided.
Is Griggs Dead? Reflecting (Fearfully) On Wards Cove Packing Co. V. Atonio, Mack Player
Is Griggs Dead? Reflecting (Fearfully) On Wards Cove Packing Co. V. Atonio, Mack Player
Faculty Publications
No abstract provided.