Law Commons^™

Flooding The Courtrooms: Law And Water In The Far West By M. Catherine Miller., G. Emlen Hall

Faculty Scholarship

Flooding the Courtrooms: Law and Water in the Far West. By M. Catherine Miller. (Lincoln: University of Nebraska Press, 1993. 255 pp. Maps, notes, bibliography, index. $45.00.)

The Americans With Disabilities Act And The Reproductive Rights Of Hiv-Infected Women, Taunya L. Banks

Faculty Scholarship

No abstract provided.

The Misguided Renaissance Of Social Choice, Maxwell L. Stearns

Faculty Scholarship

No abstract provided.

"Deadbeat Dads": Should Support And Inheritance Be Linked?, Paula A. Monopoli

Faculty Scholarship

No abstract provided.

Whatever Happened To The American Dream?, Susan P. Leviton

Faculty Scholarship

No abstract provided.

The Iron Law Of Full Faith And Credit, William L. Reynolds

Faculty Scholarship

No abstract provided.

Alimony And Efficiency: The Gendered Costs And Benefits Of Economic Justification For Alimony, Jana B. Singer

Faculty Scholarship

No abstract provided.

Education For A Public Calling In The 21st Century, Phoebe A. Haddon

Faculty Scholarship

No abstract provided.

Rethinking The Jury, Phoebe A. Haddon

Faculty Scholarship

No abstract provided.

The Draft Ali Product Liability Proposals: Progress Or Anachronism?, Oscar S. Gray

Faculty Scholarship

No abstract provided.

"The Woman In The Street:" Reclaiming The Public Space From Sexual Harassment, Deborah Thompson Eisenberg

Faculty Scholarship

No abstract provided.

The Good Mother: The Limits Of Reproductive Accountability And Genetic Choice, R. Alta Charo, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.

Grandparents, Parents And Grandchildren: Actualizing Interdependency In Law, Karen Czapanskiy

Faculty Scholarship

No abstract provided.

Child Support, Visitation, Shared Custody And Split Custody, Karen Czapanskiy

Faculty Scholarship

No abstract provided.

Judicial Recantation, Mark A. Graber

Faculty Scholarship

No abstract provided.

Tax Subsidies: One-Time Vs. Periodic An Economic Analysis Of The Tax Policy Alternatives, Daniel S. Goldberg

Faculty Scholarship

No abstract provided.

The Straight-Line Method Of Determining Personal Jurisdiction, John M. Brumbaugh, William L. Reynolds

Faculty Scholarship

No abstract provided.

Democracy's Incursion Into The Eastern Shore: The 1870 Election In Chestertown, C. Christopher Brown

Faculty Scholarship

No abstract provided.

The Tax Court Revisits The Golsen Rule: Lardas V. Commissioner, Donald B. Tobin

Faculty Scholarship

No abstract provided.

Purposeful Approach To Products Liability Warnings And Non-English-Speaking Consumers Notes, Thomas H. Lee

Faculty Scholarship

This Note examines the problems associated with the duty-towarn doctrine and the non-English-speaking consumer or product user. Part II explains the current duty-to-warn doctrine, emphasizing when a warning is required, to whom the warning must be directed, and how the warning must be given. Next, Part III examines state and federal language-specific statutes, constitutional provisions, and case holdings, emphasizing the most recent cases addressing product warning requirements for non-English-speaking plaintiffs. Part IV then outlines the risks to both product sellers and consumers of continuing the current haphazard approach and suggests a statutory solution to the doctrinal confusion, drawing from the …

The Pedigrees Of Rights And Powers In Scalia's Cruzan Concurrence, Benjamin C. Zipursky

Faculty Scholarship

No abstract provided.

Is Coverture Dead? Beyond A New Theory Of Alimony, Joan C. Williams

Faculty Scholarship

No abstract provided.

Fifth Amendment Compelled Statements: Modeling The Contours Of Their Protected Scope, Kate Bloch

Faculty Scholarship

No abstract provided.

The Politics Of Article 9, Robert E. Scott

Faculty Scholarship

In the ongoing debate concerning the efficiency and social value of Article 9 of the Uniform Commercial Code, two points are beyond dispute. First, asset-based financing has undergone an enormous transformation since the enactment of Article 9. The most vivid illustration of this is the dramatic increase in the number and size of firms that rely on secured credit as their principal means of financing both ongoing operations and growth opportunities. Previously, with a few exceptions (such as factoring and trust receipts), secured financing principally had served second-class markets as the "poor man's" means of obtaining credit. Now, it has …

Foreword To Tributes, Robert E. Scott

Faculty Scholarship

Seldom does an institution experience the jolt of four revered and beloved members of the faculty choosing to retire at the same time. When it does occur, as it has this year at the University of Virginia, the sense of loss can be overwhelming. John Hetheringon, John McCoid, Dan Meador and Cal Woodard have been members of this Law Faculty for a combined period of 123 years.T hey embody a collective source of talent, energy, wisdom, and skill as teachers and scholars that is, quite literally, irreplaceable.

Panel Iii: International Law, Global Environmentalism, And The Future Of American Environmental Policy, Thomas W. Merrill

Faculty Scholarship

From an American perspective, environmental law has undergone two bouts of centralization in the past three decades. Round one occurred in the 1970's, as Congress federalized vast areas of environmental law that had previously been the province of state and local governments. Round two, which is still in an incipient phase, represents the effort to internationalize environmental law.

The question I would like to address is what can we learn from round one about what is likely to happen in round two. My answer, in a nutshell, is that the primary driving force behind the federalization of environmental law in …

Brecht V. Abrahamson: Harmful Error In Habeas Corpus Law, James S. Liebman, Randy Hertz

Faculty Scholarship

For the past two and one-half decades, the Supreme Court and the lower federal courts have applied the same rule for assessing the harmlessness of constitutional error in habeas corpus proceedings as they have applied on direct appeal of both state and federal convictions. Under that rule, which applied to all constitutional errors except those deemed per se prejudicial or per se reversible, the state could avoid reversal upon a finding of error only by proving that the error was harmless beyond a reasonable doubt. The Supreme Court adopted this stringent standard in Chapman v. California to fulfill the federal …

Trivial Rights, Philip A. Hamburger

Faculty Scholarship

In the summer of 1789, when the House of Representatives was formulating the amendments that became the Bill of Rights, Theodore Sedgwick of Massachusetts argued against enumerating the right of assembly. The House, he urged, "might have gone into a very lengthy enumeration of rights; they might have declared that a man should have a right to wear his hat if he pleased, that he might get up when he pleased, and go to bed when he thought proper ... [Was] it necessary to list these trifles in a declaration of rights, under a Government where none of them were …

"What About The 'Ism'?" Normative And Formal Concerns In Contemporary Federalism, Richard Briffault

Faculty Scholarship

Contemporary legal discourse concerning federalism has shifted from the formal to the normative, that is, from a focus on the fifty states as unique entities in the American constitutional firmament to a concern with the values of federalism. This normative turn has had some salutary effects. It has sharpened the debate over federalism, reminded us of the impact of the federal design on the substance of American governance, and underscored the interrelationship of government structure and individual rights. But the normative approach has also, paradoxically, moved the focus of federalism away from the states. Many of the arguments offered on …

Facing The Challenge: A Lawyer's Response To Anti-Gay Initiatives, Suzanne B. Goldberg

Faculty Scholarship

We are living in an extraordinary period of gay and lesbian history. As lesbian and gay civil rights gain increasing recognition throughout the country – through small but growing numbers of laws prohibiting sexual orientation discrimination, court rulings protecting lesbian and gay parents' custody of their children, and a historically unprecedented level of positive media coverage – our struggles also have escalated enormously. Not only must we litigate and negotiate for equal opportunity in employment, housing, and parenting rights as always, but also we face a nationally organized and terrifically well-funded assault on our fundamental rights as citizens.

This nationwide …