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Articles 31 - 60 of 227
Full-Text Articles in Law
The Gaps Between The Fingers Of The Invisible Hand, Bailey Kuklin
The Gaps Between The Fingers Of The Invisible Hand, Bailey Kuklin
Faculty Scholarship
No abstract provided.
"An Introduction To The European Economic Community And Intellectual Properties, Beryl R. Jones-Woodin
"An Introduction To The European Economic Community And Intellectual Properties, Beryl R. Jones-Woodin
Faculty Scholarship
No abstract provided.
"Comparing Medical Provider Performance: A First Look At The New Era Of Medical Statistics", Neil B. Cohen, Aaron D. Twerski
"Comparing Medical Provider Performance: A First Look At The New Era Of Medical Statistics", Neil B. Cohen, Aaron D. Twerski
Faculty Scholarship
No abstract provided.
A Proposed Revision Of Section 402a Of The Restatement (Second) Of Torts, Aaron Twerski, J. A. Henderson
A Proposed Revision Of Section 402a Of The Restatement (Second) Of Torts, Aaron Twerski, J. A. Henderson
Faculty Scholarship
No abstract provided.
Comparing Medical Provider Performance: A First Look At The New Era Of Medical Statistics, Aaron Twerski, Neil B. Cohen
Comparing Medical Provider Performance: A First Look At The New Era Of Medical Statistics, Aaron Twerski, Neil B. Cohen
Faculty Scholarship
No abstract provided.
Law And Literature: Representing Lesbians, Anne B. Goldstein
Law And Literature: Representing Lesbians, Anne B. Goldstein
Faculty Scholarship
What is involved in representing a lesbian in law or in literature? The premise of this Article is that the work of novelists is enough like the work of lawyers that useful insights can be drawn in at least one direction. That is, lawyers can learn how to represent lesbian clients better by studying books with lesbian characters.
Case Management In The Eastern District Of Virginia, In Symposium, Civil Litigation In The 1990'S, Part Ii, A. Kimberley Dayton
Case Management In The Eastern District Of Virginia, In Symposium, Civil Litigation In The 1990'S, Part Ii, A. Kimberley Dayton
Faculty Scholarship
Part I of this Article describes the administrative structure of the Eastern District of Virginia and its case management practices. Part II demonstrates that, despite the Eastern District of Virginia's status as one of the busiest federal district courts, it has consistently been one of the most efficient and effective federal courts in the nation. As a result, in Part III, this Article concludes that the experience of the Eastern District of Virginia raises many questions about the premises underlying the Civil Justice Reform Act, the proposed amendments to the Federal Rules, and the means by which Congress and the …
The Effect Of New Rule 56 On The Law Of Inequitable Conduct, R. Carl Moy
The Effect Of New Rule 56 On The Law Of Inequitable Conduct, R. Carl Moy
Faculty Scholarship
This article discusses Rule 56 of the Patent and Trademark Office. Part II discusses changes from the old to the new Rule 56, and examines the former’s relationship to the law of inequitable conduct. Part III elaborates on the current status of the PTO’s rulemaking efforts, and Part IV is focused on the new Rule under the APA. Parts V and VI are about new Rule 56 as a hortatory statement and common-law jurisprudential limitations, respectively. The author ultimately concludes that the PTO could have chosen to approach the Federal Circuit as an amicus without a prior rulemaking proceeding. That …
Patriarchy, Paternalism, And The Masks Of Fetal Protection., A. Kimberley Dayton
Patriarchy, Paternalism, And The Masks Of Fetal Protection., A. Kimberley Dayton
Faculty Scholarship
This essay is a response to John Kennedy's defense of Johnson Controls, Inc.'s fetal protection policy which was struck down last year in International Union, UAW v. Johnson Controls, Inc. A unanimous Supreme Court held in the case that the policy, which excluded women from a "fetotoxic" workplace, violated the federal employment discrimination laws. The Court's decision was issued only a day before Kennedy was scheduled to debate the issue of whether Title VII bars fetal protection policies with Professor Elinor Schroeder at the Kansas Journal's first symposium on March 21-22. 1991. The Court's decision rendered the technical statutory issues …
Establishing Fault In Collision Cases, Joseph Sweeney
Establishing Fault In Collision Cases, Joseph Sweeney
Faculty Scholarship
No abstract provided.
The Tragedy Of The Interstate Child: A Critical Reexamination Of The Uniform Child Custody Jurisdiction Act And The Parental Kidnaping Prevention Act, Anne B. Goldstein
The Tragedy Of The Interstate Child: A Critical Reexamination Of The Uniform Child Custody Jurisdiction Act And The Parental Kidnaping Prevention Act, Anne B. Goldstein
Faculty Scholarship
This Article's thesis is that the Uniform Child Custody Jurisdiction Act (UCCJA) and the Parental Kidnaping Prevention Act (PKPA) have not eliminated jurisdictional competition because a federal system such as ours cannot achieve both of the Acts' two main instrumental goals - preventing or punishing "child snatching" and promoting well-informed decisions. Our system commits custody decisions to sovereign states, which make and modify the decisions according to indeterminate precepts. Such a system will inevitably create some version of the interstate child; so long as these features of our system persist, legislation cannot solve the problem. Therefore, although this Article proposes …
Thelma And Louise And Bonnie And Jean: Images Of Women As Criminals, Susan Herman
Thelma And Louise And Bonnie And Jean: Images Of Women As Criminals, Susan Herman
Faculty Scholarship
No abstract provided.
The Public Choice Case Against The Item Veto, Maxwell L. Stearns
The Public Choice Case Against The Item Veto, Maxwell L. Stearns
Faculty Scholarship
No abstract provided.
Reconstructing A Pedagogy Of Responsibility, Barbara L. Bezdek
Reconstructing A Pedagogy Of Responsibility, Barbara L. Bezdek
Faculty Scholarship
No abstract provided.
The Privatization Of Family Law, Jana B. Singer
The Privatization Of Family Law, Jana B. Singer
Faculty Scholarship
No abstract provided.
Ignoring History: The Liability Of Ships' Masters, Innkeepers And Stablekeepers Under Roman Law, David S. Bogen
Ignoring History: The Liability Of Ships' Masters, Innkeepers And Stablekeepers Under Roman Law, David S. Bogen
Faculty Scholarship
No abstract provided.
An Essay On The Ninth Amendment: Interpretation For The New World Order, Phoebe A. Haddon
An Essay On The Ninth Amendment: Interpretation For The New World Order, Phoebe A. Haddon
Faculty Scholarship
No abstract provided.
Intellectual Property Protection Or Protectionism? Declaratory Judgment Use By Patent Owners Against Prospective Infringers, Lawrence M. Sung
Intellectual Property Protection Or Protectionism? Declaratory Judgment Use By Patent Owners Against Prospective Infringers, Lawrence M. Sung
Faculty Scholarship
No abstract provided.
The Faces Of Law In Theory And Practice: Doctrine, Rhetoric, And Social Context, Richard C. Boldt, Marc Feldman
The Faces Of Law In Theory And Practice: Doctrine, Rhetoric, And Social Context, Richard C. Boldt, Marc Feldman
Faculty Scholarship
No abstract provided.
"Legal Theory And Practice" Development At The University Of Maryland: One Teacher's Experience In Programmatic Context, Barbara L. Bezdek
"Legal Theory And Practice" Development At The University Of Maryland: One Teacher's Experience In Programmatic Context, Barbara L. Bezdek
Faculty Scholarship
No abstract provided.
Silence In The Court: Participation And Subordination Of Poor Tenants' Voices In Legal Process, Barbara L. Bezdek
Silence In The Court: Participation And Subordination Of Poor Tenants' Voices In Legal Process, Barbara L. Bezdek
Faculty Scholarship
No abstract provided.
Teaching Laws With Flaws: Adopting A Pluralistic Approach To Torts, Taunya Lovell Banks
Teaching Laws With Flaws: Adopting A Pluralistic Approach To Torts, Taunya Lovell Banks
Faculty Scholarship
No abstract provided.
The Proper Forum For A Suit: Transnational Forum Non Conveniens And Counter-Suit Injunctions In The Federal Courts, William L. Reynolds
The Proper Forum For A Suit: Transnational Forum Non Conveniens And Counter-Suit Injunctions In The Federal Courts, William L. Reynolds
Faculty Scholarship
No abstract provided.
Patent Harmonization, Protectionism And Legislation, R. Carl Moy
Patent Harmonization, Protectionism And Legislation, R. Carl Moy
Faculty Scholarship
This essay raises questions about the Patent Harmonization Treaty. addressing the overall direction of harmonization in this country and the processes that are being applied to the harmonization effort. Section I of the essay compares the underlying goals of patent harmonization with those of the current United States patent system. The article contends that the legal rules relating to patents in this country evidence a specific intent to promote domestic industry. The aims of harmonization, in contrast, are fundamentally different. To be valid, then, patent harmonization may require a basic shift in the social consensus in this country concerning the …
Civil Actions For Emotional Distress And R.A.V. V. City Of St. Paul, Michael K. Steenson
Civil Actions For Emotional Distress And R.A.V. V. City Of St. Paul, Michael K. Steenson
Faculty Scholarship
The law of emotional distress is characterized by judicial reluctance to create and expand remedies for emotional injuries. The issue here is whether the Court's decision in R.A.V. v. City of St. Paul will impose further limitations on the right to recover civil damages for the intentional infliction of emotional injury, particular emotional injuries resulting from hate speech. This symposium first examines the applicability of the tort to redress claims based on abusive epithets based on the victim's race, gender, or sexual orientation. The symposium then argues that using this tort in cases involving hate speech should not create constitutional …
Judicial Deference To The Pto's Interpretations Of The Patent Law, R. Carl Moy
Judicial Deference To The Pto's Interpretations Of The Patent Law, R. Carl Moy
Faculty Scholarship
This article attempts to provide a basis upon which to preserve the Federal Circuit's current lawmaking primacy. Given the large body of preexisting literature on Chevron, USA, Inc v. Natural Resources Defense Council, it does not address whether Chevron allocates power between agencies and the courts optimally. Rather, the article examines how the PTO's statutory interpretations should be reviewed under Chevron. In Section I, the article places the examination in context by describing the Chevron decision and its general implications. Section II of the article examines how Chevron should be applied specifically in the context of reviewing statutory interpretations of …
Corporate Culpability Under The Federal Sentencing Guidelines, Jennifer Moore
Corporate Culpability Under The Federal Sentencing Guidelines, Jennifer Moore
Faculty Scholarship
This Article examines the use of corporate culpability in the Federal Sentencing Guidelines and addresses three major questions: In light of the traditional unimportance of culpability in corporate criminal law, is corporate culpability an appropriate concern of the Guidelines? If so, how is corporate culpability best conceptualized? Finally, how do the Guidelines understand corporate culpability, and how close do they come to embodying this most satisfying theory? Part I of the Article discusses the principal reasons why culpability has been important at the trial and sentencing of individual criminals, and argues that similar reasons justify concern with culpability in the …
Decisions By And For People With Mental Retardation: Balancing Considerations Of Autonomy And Protection, James W. Ellis
Decisions By And For People With Mental Retardation: Balancing Considerations Of Autonomy And Protection, James W. Ellis
Faculty Scholarship
This Article will attempt to analyze some of the considerations that should inform enlightened and compassionate public policy in this area. Section I will describe briefly the definition of mental retardation and common attributes of people who have the disability and the social and political world in which they live within our society. Section II will sketch some of the contexts in which legal issues about decision-making arise in the lives of people with mental retardation. Section III will discuss the generic legal doctrines of consent which form the backdrop for legal analysis of these problems, with particular attention to …
Diversity!, Paul D. Carrington
Overlapping Proprietary Rights In University-Generated Research Products: The Case Of Computer Programs, Jerome H. Reichman
Overlapping Proprietary Rights In University-Generated Research Products: The Case Of Computer Programs, Jerome H. Reichman
Faculty Scholarship
No abstract provided.