Law Commons^™

Recent Developments In Tax-Exempt Organizations, Stephen Schwarz, William T. Hutton

Faculty Scholarship

No abstract provided.

A Special Pleading Rule For Civil Rights Complaints: A Step Forward Or A Step Back?, C. Keith Wingate

Faculty Scholarship

No abstract provided.

Rethinking Exclusion–The Rights Of Cuban Refugees Facing Indefinite Detention In The United States, Richard A. Boswell

Faculty Scholarship

No abstract provided.

On The Outside Looking In: The Legal Historian's Perspective On Rare Book Collections, Jenni Parrish

Faculty Scholarship

No abstract provided.

Children Of The Night: The Adequacy Of Statutory Treatment Of Juvenile Prostitution, D. Kelly Weisberg

Faculty Scholarship

No abstract provided.

Roger Traynor: Teacher, Jurist, And Friend, James R. Mccall

Faculty Scholarship

No abstract provided.

The Depublication Practice Of The California Supreme Court, Joseph R. Grodin

Faculty Scholarship

No abstract provided.

The Right Of Property And The Law Of Theft, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Book Review, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Foreword: Public And Private Barriers To Competitive Reform Of Health Care Services Delivery, Clark C. Havighurst

Faculty Scholarship

No abstract provided.

From The Editor: On Legislative History Research, Richard A. Danner

Faculty Scholarship

No abstract provided.

Civil Procedure And Alternative Dispute Resolution, Paul D. Carrington

Faculty Scholarship

No abstract provided.

The Price Of Asking The Wrong Question: An Essay On Constitutional Scholarship And Judicial Review, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

First Amendment Limitations On Recovery From The Press—An Extended Comment On “The Anderson Solution”, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

Compensation, Deterrence, And The Market As Boundaries For Derivative Suit Procedures, James D. Cox

Faculty Scholarship

No abstract provided.

The Uniform Marital Property Act: Some Suggested Revisions For A Basically Sound Act, William A. Reppy Jr.

Faculty Scholarship

No abstract provided.

Should Courts Require The Internal Revenue Service To Be Consistent?, Lawrence A. Zelenak

Faculty Scholarship

No abstract provided.

Arbitration Of International Contract Disputes, William W. Park

Faculty Scholarship

International commercial arbitration has been the victim of its own success. Arbitration is often the only dispute resolution process acceptable in business contexts where parties from different countries have rejected recourse to each other's legal system at the outset of the contractual relationship. For example, when a Swedish shipyard contracts to build tankers for an agency of the Libyan government, the Swedes are unlikely to relish the prospect of appearing before Libyan courts, and the Libyans may view submission to the courts of Sweden (or of another industrialized Western nation) as an affront to Libyan national sovereignty. Neither the Swedish …

Indirect Aid To The Arts, Alan L. Feld, Michael O'Hare

Faculty Scholarship

Most government support of arts institutions is indirect—the result of charitable deduction provisions of the federal income tax, property tax exemptions extended by local governments, and other tax provisions. The money that government forgoes through these provisions must be made up by higher taxes for all taxpayers. The public, however, has little say about how these funds are spent. By its very nature, the income tax deduction places the decision-making power over arts institutions in the hands of those with high incomes. Those with high incomes receive a greater tax benefit for each dollar they contribute, increasing the amounts they …

The Business Judgement Rule, Tamar Frankel

Faculty Scholarship

Symposium: Current Issues in Corporate Governance: Conference Panel Discussion

Prof. Kozyris: Our discussion today will focus on the so-called "business judgment rule," a judicially developed law concept that the business decisions of corporate management should not be second-guessed by the courts. The courts will not interfere with such decisions as they are being made and carried out, nor will they impose liability on management if it turns out that the decisions were wrong.

Serving Two Masters: Commercial Hues And Tax Exempt Organizations, Lawrence A. Zelenak

Faculty Scholarship

No abstract provided.

Of Law And The River, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Book Review, Paul D. Carrington

Faculty Scholarship

Reviewing R. Stevens, Law School: Legal Education in America from the 1850s to the 1980s (1983).

Solvency And Survival After The Boom—A Different Perspective, A. Kenneth Pye, John R. Kramer

Faculty Scholarship

No abstract provided.

Administrative Institutions And The Administrative Process, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.

Competence To Refuse Medical Treatment: Autonomy Vs. Paternalism, George J. Annas

Faculty Scholarship

The right to refuse medical treatment is universally recognized as a fundamental principle of liberty. Nonetheless, the right is often infringed upon by paternalistic physicians who either use too narrow a definition of competence, or misunderstand or ignore the patient's liberty interest in freedom from coerced medical interventions. A careful consideration of competence in the medical care setting leads to a conclusion that it can best be assessed by determining the patient's ability to understand the information necessary to provide informed consent to treatment. If a patient has this capacity, both his consent and refusal must be honored. Placing competence …

The Original Understanding Of Original Intent, H. Jefferson Powell

Faculty Scholarship

When interpreting the Constitution, judges and commentators often invoke the "original intent of the framers" in support of their positions. Many claim that such an interpretative strategy is not only currently desireable, but indeed was the expectation of the Constitution's drafters and early interpreters. In this Article, Professor Powell examines the historical validity of the claim that the framers of the Constitution expected the future interpreters to seek the meaning of the document in the framers' intent. He first examines the various cultural traditions that influenced legal interpretations at the time of the Constitution's birth. Turning to the history of …

Conflicts Among Circuits And Transfers Within The Federal Judicial System, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Role Of A National Legal Information Center In The Access To Justice, The, Robert J. Nissenbaum

Faculty Scholarship

The author reviews the nature of disputes and mechanisms for dispute

The Louis Stein Institute For Professional Responsibility And Leadership, Joseph Perillo

Faculty Scholarship

No abstract provided.