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Articles 1 - 26 of 26
Full-Text Articles in Law
Comment: Seminole Tribe V. Florida, Gordon G. Young
Comment: Seminole Tribe V. Florida, Gordon G. Young
Faculty Scholarship
No abstract provided.
Nonrecourse Debt In Excess Of Fair Market Value: The Confluence Of Basis, Realization, Subchapter K And The Need For Consistency, Daniel S. Goldberg
Nonrecourse Debt In Excess Of Fair Market Value: The Confluence Of Basis, Realization, Subchapter K And The Need For Consistency, Daniel S. Goldberg
Faculty Scholarship
No abstract provided.
Cancer Genetic Susceptibility Testing: Ethical And Policy Implications For Future Research And Clinical Practice, Benjamin S. Wilfond, Karen H. Rothenberg, Elizabeth J. Thomson, Caryn Lerman
Cancer Genetic Susceptibility Testing: Ethical And Policy Implications For Future Research And Clinical Practice, Benjamin S. Wilfond, Karen H. Rothenberg, Elizabeth J. Thomson, Caryn Lerman
Faculty Scholarship
No abstract provided.
Legal Regulation Of Marriage: From Status To Contract And Back Again?, Jana B. Singer
Legal Regulation Of Marriage: From Status To Contract And Back Again?, Jana B. Singer
Faculty Scholarship
The purpose of this paper is to give a brief historical overview of the way in which the American legal system has traditionally regulated marriage.
Government Precommitment To Tax Incentive Subsidies: The Impact Of United States V. Winstar Corp. On Retroactive Tax Legislation, Daniel S. Goldberg
Government Precommitment To Tax Incentive Subsidies: The Impact Of United States V. Winstar Corp. On Retroactive Tax Legislation, Daniel S. Goldberg
Faculty Scholarship
No abstract provided.
Genetic Information And The Workplace: Legislative Approaches And Policy Challenges, Karen H. Rothenberg, Barbara Fuller, Mark Rothstein, Troy Duster, Mary Jo Ellis Kahn, Rita Cunningham, Beth Fine, Kathy Hudson, Mary-Claire King, Patricia Murphy, Gary Swergold, Francis Collins
Genetic Information And The Workplace: Legislative Approaches And Policy Challenges, Karen H. Rothenberg, Barbara Fuller, Mark Rothstein, Troy Duster, Mary Jo Ellis Kahn, Rita Cunningham, Beth Fine, Kathy Hudson, Mary-Claire King, Patricia Murphy, Gary Swergold, Francis Collins
Faculty Scholarship
No abstract provided.
Emergency Care And Managed Care - A Dangerous Combination, Diane E. Hoffmann
Emergency Care And Managed Care - A Dangerous Combination, Diane E. Hoffmann
Faculty Scholarship
No abstract provided.
Fiduciary Duty, Contract, And Waiver In Partnerships And Limited Liability Companies, Richard A. Booth Marbury Research Professor Of Law
Fiduciary Duty, Contract, And Waiver In Partnerships And Limited Liability Companies, Richard A. Booth Marbury Research Professor Of Law
Faculty Scholarship
Among the controversies swirling around the promulgations of new uniform statutes governing partnerships and LLCs is the question whether and to what extend fiduciary duties should be made mandatory or waivable. Although courts and commentators have not traditionally focused on the costs of fiduciary duties, the costs are significant in that such duties may preclude agents from engaging in other legitimate ventures. Indeed, fiduciary duty may be used by those to whom it is owed to prevent competition or extort side benefits form participants. Mandatory duties effectively require participants who may identify multiple business opportunities to overinvest their human capital …
Legal Ethics & Practical Politics: Musings On The Public Perception Of Lawyer Discipline, Paula A. Monopoli
Legal Ethics & Practical Politics: Musings On The Public Perception Of Lawyer Discipline, Paula A. Monopoli
Faculty Scholarship
No abstract provided.
Judging The Judges: Racial Diversity, Impartiality And Representation On State Trial Courts, Sherrilyn A. Ifill
Judging The Judges: Racial Diversity, Impartiality And Representation On State Trial Courts, Sherrilyn A. Ifill
Faculty Scholarship
No abstract provided.
The Religion Clauses And Freedom Of Speech In Australia And The United States: Incidental Restrictions And Generally Applicable Laws, David S. Bogen
The Religion Clauses And Freedom Of Speech In Australia And The United States: Incidental Restrictions And Generally Applicable Laws, David S. Bogen
Faculty Scholarship
No abstract provided.
Generally Applicable Laws And The First Amendment, David S. Bogen
Generally Applicable Laws And The First Amendment, David S. Bogen
Faculty Scholarship
No abstract provided.
Legal Process And Choice Of Law, William L. Reynolds
Legal Process And Choice Of Law, William L. Reynolds
Faculty Scholarship
No abstract provided.
Keynote Address: Redefining Our Roles In The Battle For Inclusion Of People Of Color In Legal Education, Phoebe A. Haddon
Keynote Address: Redefining Our Roles In The Battle For Inclusion Of People Of Color In Legal Education, Phoebe A. Haddon
Faculty Scholarship
No abstract provided.
In Defense Of The Superfund Liability System: Matching The Diagnosis And The Cure, Rena I. Steinzor, Linda E. Greer
In Defense Of The Superfund Liability System: Matching The Diagnosis And The Cure, Rena I. Steinzor, Linda E. Greer
Faculty Scholarship
No abstract provided.
Judicial Lawmaking In A Code Jurisdiction: A French Saga On Certainty Of Price In Contract Law, Edward A. Tomlinson
Judicial Lawmaking In A Code Jurisdiction: A French Saga On Certainty Of Price In Contract Law, Edward A. Tomlinson
Faculty Scholarship
No abstract provided.
The Limited Liability Company And The Search For A Bright Line Between Corporations And Partnerships, Richard A. Booth Marbury Research Professor Of Law
The Limited Liability Company And The Search For A Bright Line Between Corporations And Partnerships, Richard A. Booth Marbury Research Professor Of Law
Faculty Scholarship
Despite the potential loss in tax revenue, the Internal Revenue Service (IRS) is making it easier and easier to avoid corporate taxes. Witness the advent of limited liability companies and the proposed "check-the-box" regulations. This article takes a look at the real distinctions between -- and policy supporting -- pass-through and entity level taxation and draws the conclusion that entity level taxation will probably become limited to publicly traded entities only.
Learning From Colleagues: A Case Study In The Relationship Between "Academic" And "Ecological" Clinical Legal Education, Robert J. Condlin
Learning From Colleagues: A Case Study In The Relationship Between "Academic" And "Ecological" Clinical Legal Education, Robert J. Condlin
Faculty Scholarship
No abstract provided.
Contested Terrains Of Compensation: Equality, Affirmative Action And Diversity In The United States, Taunya L. Banks
Contested Terrains Of Compensation: Equality, Affirmative Action And Diversity In The United States, Taunya L. Banks
Faculty Scholarship
No abstract provided.
Advocates At Cross-Purposes: The Briefs On Behalf Of Zoning In The Supreme Court, Garrett Power
Advocates At Cross-Purposes: The Briefs On Behalf Of Zoning In The Supreme Court, Garrett Power
Faculty Scholarship
No abstract provided.
Desperately Ducking Slavery: Dred Scott And Contemporary Constitutional Theory, Mark A. Graber
Desperately Ducking Slavery: Dred Scott And Contemporary Constitutional Theory, Mark A. Graber
Faculty Scholarship
No abstract provided.
Vive No Différence, Martha M. Ertman
What Happens When Parties Fail To Prove Foreign Law?, William L. Reynolds
What Happens When Parties Fail To Prove Foreign Law?, William L. Reynolds
Faculty Scholarship
No abstract provided.
Can Poverty Lawyers Play Well With Others? Including Lawyers In Integrated, School-Based Service Delivery Programs, Leigh S. Goodmark
Can Poverty Lawyers Play Well With Others? Including Lawyers In Integrated, School-Based Service Delivery Programs, Leigh S. Goodmark
Faculty Scholarship
No abstract provided.
Stockholders, Stakeholders, And Bagholders (Or How Investor Diversification Affects Fiduciary Duty), Richard A. Booth Marbury Research Professor Of Law
Stockholders, Stakeholders, And Bagholders (Or How Investor Diversification Affects Fiduciary Duty), Richard A. Booth Marbury Research Professor Of Law
Faculty Scholarship
The traditional wisdom is that management should serve the interests of the corporation and the stockholders who own it by maximizing stockholder wealth. But a significant number of legal scholars argue that management duty should be more broadly construed to include other constituencies ("stakeholders"), such as employees, creditors, customers, suppliers, and the community at large. The broader view of management duty means that management has more discretion and that stockholders will seldom have recourse if management fails to maximize profits. Nevertheless, many states have adopted so-called other constituency statutes permitting management to consider such other interests. The difference between the …
Breast Cancer, The Genetic "Quickfix," And The Jewish Community: Ethical, Legal, And Social Challenges, Karen H. Rothenberg
Breast Cancer, The Genetic "Quickfix," And The Jewish Community: Ethical, Legal, And Social Challenges, Karen H. Rothenberg
Faculty Scholarship
No abstract provided.