Law Commons^™

Unexpired Leases In Bankruptcy: Rights Of The Affected Mortgagee, Peter A. Alces

Faculty Publications

No abstract provided.

The Reporter's Privilege: An Analysis Of The Common Law, Branzberg V. Hayes , And Recent Statutory Developments, Paul Marcus

Faculty Publications

No abstract provided.

Refining The Lawmaking Function Of The Supreme Court, Frederick Schauer

Faculty Publications

No abstract provided.

The Subchapter S Revision Act: An Analysis And Appraisal, Glenn E. Coven

Faculty Publications

No abstract provided.

State Regulation Of Christian Schools, Neal Devins

Faculty Publications

No abstract provided.

White Collar Crime: A Legal Overview, Paul Marcus

Faculty Publications

No abstract provided.

The Relevance Of Fresh Investment To The Characterization Of Corporate Distributions And Adjustments, Glenn E. Coven

Faculty Publications

No abstract provided.

Interpreting This Constitution: The Unhelpful Contributions Of Special Theories Of Judicial Review, William W. Van Alstyne

Faculty Publications

This paper examines several different theories surrounding judicial review and finds many of these theories lacking. Modern trends of literal interpretations and precise language have removed the optimistic nature of Constitutional language and is largely responsible for the hesitancy of other nations to adopt a supreme constitution.

The Merchant Of Section 2-314: Who Needs Him?, Ingrid Michelsen Hillinger

Faculty Publications

No abstract provided.

Dam Federal Jurisdiction!, Thomas E. Baker

Faculty Publications

From the outset, the reader should be familiar with our script. Our threefold purpose in writing this essay is to be at once descriptive, evaluative, and prescriptive. We shall describe briefly the decisions of the United States Supreme Court during the 1981 Term in the broad field of federal jurisdiction, and shall compare and contrast those decisions with the past decisions of the United States Court of Appeals for the Eleventh Circuit.

Hypnotic Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.

Administrative Law: Judicial Review - Preserver Of The Process, Michael P. Waxman

Faculty Publications

No abstract provided.

Federal Product Legislation And Toxic Torts: The Defense Perspective, John J. Kircher

Faculty Publications

No abstract provided.

Tort And Insurance Law: How Times Have Changed!, James D. Ghiardi

Faculty Publications

No abstract provided.

Ftc Rulemaking Through Negotiation, Charles H. Koch Jr., Beth Martin

Faculty Publications

The Federal Trade Commission, along with other administrative agencies, has been especially affected by the current emphasis on deregulation. Some proponents of the free market system view the Commission as an unnecessary and costly impediment to market functioning. In this article, Professor Koch and Ms. Martin review past FTC regulatory efforts in light of the FTC's mandate: to maintain an efficient, competitive free market Although the FTC has deviated from its market maintenance goal, this deviation should not serve as a basis for constricting Commission rulemaking activity. Rather, the authors demonstrate that past Commission practices illustrate the need for an …

The New Sentencing Law, Paul C. Giannelli

Faculty Publications

No abstract provided.

U.S. Supreme Court: 1982-83 Term: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.

The Supreme Court And Antitrust Analysis: The Near Triumph Of The Chicago School, Peter M. Gerhart

Faculty Publications

No abstract provided.

Ancillary Relief In Federal Securities Law: A Study In Federal Remedies, George W. Dent

Faculty Publications

After describing the history and current practice of ancillary relief in federal securities law, this Article analyzes the general law of federal remedies and ancillary relief, including ancillary relief in other areas of administrative law, recent developments in federal equity, statutory interpretation, and federal common law, and implied statutory remedies. The Article then examines pertinent aspects of the federal securities laws, including their legislative history and recent judicial interpretations. On this basis the Article recommends both a general approach to ancillary relief in federal securities law and responses to problems of specific remedies. Finally, the Article discusses ancillary relief under …

Recent Developments In West German Civil Procedure, William B. Fisch

Faculty Publications

The most comprehensive description of the West German civil litigation system to appear in United States law journals, a much-admired, practice-oriented work by two United States law professors and a Hamburg judge, was published twenty-five years ago. At that moment, a commission of experts, appointed in 1955 by the Federal Ministry of Justice and called the Commission to Prepare a Reform of Civil Justice, was already deep into a thorough reexamination of the entire West German system. The stimuli for this reexamination were the eternal devils of judicial procedure everywhere: technicality, inaccessibility, and above all, delay and cost. In 1961, …

The New California Exemptions In Bankruptcy: A Constitutional Reprise, Gary Neustadter

Faculty Publications

No abstract provided.

Contribution And Claim Reduction In Antitrust Litigation: A Legislative Analysis, Donald J. Polden, E. Thomas Sullivan

Faculty Publications

No abstract provided.

Making Sense Out Of The California Criminal Statute Of Limitations, Gerald F. Uelmen

Faculty Publications

No abstract provided.

Freedom Of Expression, Howard C. Anawalt

Faculty Publications

No abstract provided.

Title Vii Impact Analysis Applied To The Age Discrimination In Employment Act: Is A Transplant Appropriate?, Mack Player

Faculty Publications

No abstract provided.

Proof Of Disparate Treatment Under The Age Discrimination In Employment Act: Variations On A Title Vii Theme, Mack Player

Faculty Publications

No abstract provided.

The Hearsay Exception For Public Records In Federal Criminal Trials, Vincent C. Alexander

Faculty Publications

The hearsay exception for "public records" was recognized at common law and has been further developed in most jurisdictions by statute. The reliability of public records is said to derive from the presumption of regularity and accuracy that attends the recording of events by public officials. As with the hearsay exception for recordsmade in the regular course of a private business, the reliability of many public records is enhanced by the routine and repetitive circumstancesunder which such records are made. An additional justificationfor the admission of public records is public convenience: If government employees are continually required to testify in …

Illinois Brick Revisited: An Analysis Of A Developing Antitrust Jurisprudence, Edward D. Cavanagh

Faculty Publications

(Excerpt)

In June 1977, the United States Supreme Court handed down the landmark decision in Illinois Brick Co. v. Illinois. Reaffirming its decision in Hanover Shoe, Inc. v. United Shoe Machinery Corp., the Court held that in a treble damages action where defendants are charged with price-fixing in violation of Section 1 of the Sherman Act, first purchasers, and not others down the distribution line ("indirect purchasers"), are injured by the full amount of any overcharge; and indirect purchasers are prohibited from offering proof that illegal overcharges had been "passed on" to them by their sellers.

The holding …

Transborder Data Flow: An Overview And Critique Of Recent Concerns, I. Trotter Hardy

Faculty Publications

No abstract provided.

The Freedom Of Civilians Of Enemy Nationality To Depart From Territory Controlled By A Hostile Belligerent, Walter L. Williams Jr.

Faculty Publications

No abstract provided.