Law Commons^™

Limiting Directors’ Liability, Deborah A. Demott

Faculty Scholarship

No abstract provided.

Health Care As A Laboratory For The Study Of Law And Policy, Clark C. Havighurst

Faculty Scholarship

No abstract provided.

Seeking Justice: An Empirical Map Of Consumer Problems And Consumer Responses In Canada, Neil Vidmar

Faculty Scholarship

No abstract provided.

Parity Reconsidered: Defining A Role For The Federal Judiciary, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Federal Courts, State Courts, And The Constitution: A Rejoinder To Professor Redish, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Protecting The Democratic Process: Voter Standing To Challenge Abuses Of Incumbancy, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Evaluating Judicial Candidates, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Investment Funds And Debt-Equity Swaps: Broadening The Base Of A New Financial Tool, Stephen Wallenstein, James R. Silkenat

Faculty Scholarship

No abstract provided.

In Re "William Shakespeare": Reply Brief Of Appellee William Shakespeare (Or Shakspere) Of Stratford-Upon-Avon, James Boyle

Faculty Scholarship

No abstract provided.

Adventures In Finance, Deborah A. Demott

Faculty Scholarship

No abstract provided.

What The Constitution Means By Executive Power, Charles J. Cooper, Orrin Hatch, Eugene V. Rowstow, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Original Understanding And The Constitution, Michael E. Tigar

Faculty Scholarship

No abstract provided.

The President’S Powers As Commander-In-Chief Versus Congress’ War Power And Appropriations Power, Charles Bennett, Arthur B. Culvahouse Jr., Geoffrey P. Miller, William Bradford Reynolds, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

The Search For An Author: Shakespeare And The Framers, James Boyle

Faculty Scholarship

No abstract provided.

In Re "William Shakespeare": Brief Of Appellee William Shakespeare (Or Shakspere) Of Stratford-Upon-Avon, James Boyle

Faculty Scholarship

No abstract provided.

Tax-Induced Distortions In The Voluntary Sector, Charles T. Clotfelter

Faculty Scholarship

No abstract provided.

Human Biology And Criminal Responsibility: Free Will Of Free Ride ?, Deborah W. Denno

Faculty Scholarship

This Comment presents three major arguments concerning biological deficiency defenses, using, respectively, a critique of biosocial science research, a statistical model of biological and sociological data, and an examination of theories and philosophies on causation and behavior. First, this Comment argues that there should be no defense to mitigate criminal responsibility except in the less that one percent of cases eligible for the insanity defense. Second, this Comment argues that social science research has not successfully demonstrated sufficiently strong links between biological factors and criminal behavior to warrant major consideration in determining criminal responsibility. Third, this Comment demonstrates that no …

Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski

Faculty Scholarship

The purpose of this Comment is to examine the history of the enactment and early enforcement of the Civil Rights Act of 1866 from the perspective of the remedies Congress sought to provide to meet the problems that necessitated the legislation. Its main foci are the statute's enforcement provisions and their early implementation, an aspect of the history of the statute that has not been fully considered in relation to section one, the provision that has received the most scholarly attention. The occasion of this study is the Supreme Court's reconsideration of Runyon v. McCrary' in Patterson v. McLean Credit …

Professional Qualification And Educational Requirements For Law Practice In A Foreign Country: Bridging The Cultural Gap, Roger J. Goebel

Faculty Scholarship

This Article will discuss preparation for transnational legal practice, and the extent of the right to engage in transnational legal practice in major commercial centers. It is divided into five parts: (I) the role of the transnational lawyer in bridging the cultural gap; (II) education in preparation for transnational practice; (III) professional qualification requirements for foreign lawyers in New York and several major commercial centers abroad; (IV) the extent of the lawyer's right to provide services and the right of professional establishment in the EEC; and (V) some general reflections on desirable qualification requirements for law firms and individuals to …

Securities Law Fifth Circuit Symposium, Steve Thel

Faculty Scholarship

The Fifth Circuit decided some important securities cases during the survey period and issued some interesting opinions. Although the court consistently claimed a conservative reliance on precedent and seldom acknowledged making new law, it interpreted some well-established doctrine in surprising ways. The past year's opinions in fraud cases provide guidance in the related areas of reliance, damages, and plaintiff's due diligence. The year also witnessed important developments in the law governing the relationship between brokerage firms and their clients. The most spectacular development in this area during the survey year was the October collapse in security prices. In light of …

Antitrust In Today's World Economy, Barry Hawk

Faculty Scholarship

No abstract provided.

Choices: Paving The Road Toward A “Definition” Of Insider Trading, James D. Cox

Faculty Scholarship

No abstract provided.

Directors’ Duties In Management Buyouts And Leveraged Recapitalizations, Deborah A. Demott

Faculty Scholarship

No abstract provided.

The Index To Legal Periodicals On Cd-Rom, Wilsondisc, Marsha Baum

Faculty Scholarship

About the Index to Legal Periodicals functionality now that it is on CD.

An Examination Of Real Estate Purchase Options, Ronald B. Brown

Faculty Scholarship

No abstract provided.

Economists As Judges: A Selective, Annotated Bibliography, Janet Sinder

Faculty Scholarship

No abstract provided.

Truth And Uncertainty: Legal Control Of The Destruction Of Evidence, Lawrence B. Solum, Stephen Marzen

Faculty Scholarship

This article analyzes legal controls on evidence destruction in more or less six parts. Part I describes the rich variety of authority to control evidence destruction. In civil cases, the spoliation inference, discovery sanctions, tort liability, and criminal obstruction of justice statutes provide sanctions against destruction of evidence. In criminal cases, defendants face fines and imprisonment from federal and state evidence destruction and contempt statutes. Also in criminal cases, prosecutors who destroy exculpatory 1086 evidence risk dismissal of indictments under the process clause, the Jencks Act, Federal Rule of Criminal Procedure 16, and court's supervisory power. In addition, attorneys may …

Compensation Programs For Vaccine-Related Injury Abroad: A Comparative Analysis, Wendy K. Mariner

Faculty Scholarship

Adverse physical reactions to immunizations, ¹ although comparatively rare, raise fundamental questions about the relationship between the state and the individual. In the United States, responsibility for vaccine-related injuries has been judicially and administratively debated for nearly two decades, beginning with the seminal decision of Davis v. Wyeth Laboratories. The primary issue is whether a person who suffers an unpredictable adverse reaction to a vaccination is entitled to receive compensation for his or her injuries, and if so, whether compensation should be provided by the manufacturer of the vaccine as part of its responsibility for the effects of its products, …

Determining Limitation Periods For Actions Arising Under Federal Statutes, Neil Sobol

Faculty Scholarship

Time limitations for cause of action are an integral part of the American system of law. These limitations define time periods following the accrual of the right of action in which a litigant must assert his claim. If the litigant fails to commence his suit within the specified time period, the court will generally deny relief. Given that failure to commence a suit before the limitation period has expired may deny an injured party relief and allow a wrongdoer to escape without providing such relief, litigants must be able to determine the limitation periods that will apply to their particular …

Getting To Market: The Scientific And Legal Climate For Developing An Aids Vaccine, Wendy K. Mariner, Robert C. Gallo

Faculty Scholarship

Expectations of a vaccine to prevent acquired immunodeficiency syndrome (AIDS) are rising. Not only are the prospects for an effective immunogen improving, but immunization appears to hold the greatest promise for halting the spread of infection and disease.' Identification of the causal agent-the retrovirus called HTLV-III, LAV, or generically, HIV (human immunodeficiency virus)-has provided the direction and limited the options for containing the disease.

Prevention is, of course, critical where the disease must be presumed to be fatal in all cases. Although there is no clear evidence that any single exposure to HIV will result in infection or disease, prudence …