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Articles 19981 - 20010 of 21650
Full-Text Articles in Law
One Hundred Fifty Cases Per Year: Some Implications Of The Supreme Court's Limited Resources For Judicial Review Of Agency Action, Peter L. Strauss
One Hundred Fifty Cases Per Year: Some Implications Of The Supreme Court's Limited Resources For Judicial Review Of Agency Action, Peter L. Strauss
Faculty Scholarship
Recent writing about the Supreme Court has stressed the implications of the extraordinary growth in the Court's docket – and, even more, the growth in the overall level of judicial activity in the nation's courts – for its performance of its judicial task. Generally, this writing seeks first to determine whether the Court has been forced to bypass questions it ought normally to hear (for example, square conflicts between two of the federal circuits), editorializes about the increasing bureaucratization of the Court, and passes on to normative questions about what if anything ought to be done to ease the Court's …
Notes On A Bicentennial Constitution: Part Ii, Antinomial Choices And The Role Of The Supreme Court, William W. Van Alstyne
Notes On A Bicentennial Constitution: Part Ii, Antinomial Choices And The Role Of The Supreme Court, William W. Van Alstyne
Faculty Scholarship
No abstract provided.
Wade H. Mccree, Jr., Sara Sun Beale
Book Review, George C. Christie
Book Review, George C. Christie
Faculty Scholarship
Reviewing Laura Kalman, Legal Realism at Yale 1927-60 (1986)
The Impact Of Fraudulent Conveyance Law On Future Advances Supported By Upstream Guaranties And Security Interests, Steven L. Schwarcz
The Impact Of Fraudulent Conveyance Law On Future Advances Supported By Upstream Guaranties And Security Interests, Steven L. Schwarcz
Faculty Scholarship
No abstract provided.
Apartheid And The South African Judiciary, Lawrence G. Baxter
Apartheid And The South African Judiciary, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
New Frontiers: The Expansion Of International Criminal Law, Michael E. Tigar
New Frontiers: The Expansion Of International Criminal Law, Michael E. Tigar
Faculty Scholarship
No abstract provided.
The Fault Concept In Personal Injury Cases In Minnesota: Implications For Tort Reform, Michael K. Steenson
The Fault Concept In Personal Injury Cases In Minnesota: Implications For Tort Reform, Michael K. Steenson
Faculty Scholarship
Legislative tort reform proposals have attempted to restore what is perceived to be an imbalance in the tort-litigation system by limiting tort recoveries. One of the motivating factors behind tort reform proposals is a concern that tort law has deviated from a fault-based system of liability. It is this concern over the structure of the fault system in Minnesota that is the subject of this Article. This Article examines Minnesota Supreme Court opinions of the 20th Century to determine whether the court's decisions deviated from a fault-based system of liability. The focus is on change, accepted and rejected. The purpose …
Child Welfare Decisionmaking: In Search Of The Least Drastic Alternative, Marsha Garrison
Child Welfare Decisionmaking: In Search Of The Least Drastic Alternative, Marsha Garrison
Faculty Scholarship
No abstract provided.
Whence Knowledge Intent? Whither Knowledge Intent?, David I. Levine
Whence Knowledge Intent? Whither Knowledge Intent?, David I. Levine
Faculty Scholarship
No abstract provided.
Early Neutral Evaluation: A Follow-Up Report, David I. Levine
Early Neutral Evaluation: A Follow-Up Report, David I. Levine
Faculty Scholarship
No abstract provided.
Permissive Affirmative Action For The Benefit Of Blacks, Geoffrey C. Hazard Jr.
Permissive Affirmative Action For The Benefit Of Blacks, Geoffrey C. Hazard Jr.
Faculty Scholarship
No abstract provided.
Some Thoughts On Scholarship For Beginning Teachers, Mary Kay Kane
Some Thoughts On Scholarship For Beginning Teachers, Mary Kay Kane
Faculty Scholarship
No abstract provided.
Granite Rock And The States' Influence Over Federal Land Use, John D. Leshy
Granite Rock And The States' Influence Over Federal Land Use, John D. Leshy
Faculty Scholarship
No abstract provided.
Major League Baseball's Monopoly Power And The Negro Leagues, Alfred Dennis Mathewson
Major League Baseball's Monopoly Power And The Negro Leagues, Alfred Dennis Mathewson
Faculty Scholarship
This article argues that the demise of the Negro Leagues was caused by the confluence of several factors. First, the Negro Leagues operated with weak relational contract structures, a condition exacerbated by their over-reliance on star players. Second, and perhaps most important, integration forced the Negro Leagues to compete in a market dominated by the monopoly power of the Major Leagues. By 1922, perhaps earlier, the Major Leagues had acquired a monopoly over the market for White professional baseball players in the United States through its reserve system. Thereafter, the Major Leagues strengthened that monopoly with the development of Branch …
The Immigration Reform Amendments Of 1986: Reform Or Rehash?, Richard A. Boswell
The Immigration Reform Amendments Of 1986: Reform Or Rehash?, Richard A. Boswell
Faculty Scholarship
No abstract provided.
Judicial Elections: The California Experience, Joseph R. Grodin
Judicial Elections: The California Experience, Joseph R. Grodin
Faculty Scholarship
No abstract provided.
Triangular Lawyer Relationships: An Exploratory Analysis, Geoffrey C. Hazard Jr.
Triangular Lawyer Relationships: An Exploratory Analysis, Geoffrey C. Hazard Jr.
Faculty Scholarship
No abstract provided.
Whence Knowledge Intent? Whither Knowledge Intent?, David Jung, David I. Levine
Whence Knowledge Intent? Whither Knowledge Intent?, David Jung, David I. Levine
Faculty Scholarship
No abstract provided.
Exceptions To The Clearly Erroneous Test After The Recent Amending Of Rule 52(A) For The Review Of Findings Of Fact Based Upon Documentary Evidence, David I. Levine, Hillary J. Salans
Exceptions To The Clearly Erroneous Test After The Recent Amending Of Rule 52(A) For The Review Of Findings Of Fact Based Upon Documentary Evidence, David I. Levine, Hillary J. Salans
Faculty Scholarship
No abstract provided.
The Disaggregation Of Damages Requirement In Private Monopolization Actions, James R. Mccall
The Disaggregation Of Damages Requirement In Private Monopolization Actions, James R. Mccall
Faculty Scholarship
No abstract provided.
A Subject Matter Approach To Hearsay Reform, Roger C. Park
A Subject Matter Approach To Hearsay Reform, Roger C. Park
Faculty Scholarship
No abstract provided.
Overprotecting The Consumer? Section 2-607(3)(A) Notice Of Breach In Nonprivity Contexts, H.G. Prince
Overprotecting The Consumer? Section 2-607(3)(A) Notice Of Breach In Nonprivity Contexts, H.G. Prince
Faculty Scholarship
No abstract provided.
Masking Copyright Decisionmaking: The Meaninglessness Of Substantial Similarity, Amy B. Cohen
Masking Copyright Decisionmaking: The Meaninglessness Of Substantial Similarity, Amy B. Cohen
Faculty Scholarship
Traditionally courts have place great weight on the issue of substantial similarity in adjudicating copyright infringement lawsuits. Once success is proven, a court will usually find infringement if the works are viscerally determined to be substantially similar. This Article criticizes the traditional approach as failing adequately to distinguish copying from misappropriation, failing adequately to distinguish ideas from expression, failing to provide adequate guidelines for determining misappropriation, and as overlapping with fair use determinations. The Article also criticizes variations on the traditional approach imposed by the Third and Ninth Circuit Courts of Appeal as not remedying the traditional approach's fundamental shortcomings. …
Conceptualizing Proof And Calculating Probabilities: A Response To Professor Kaye, Neil B. Cohen
Conceptualizing Proof And Calculating Probabilities: A Response To Professor Kaye, Neil B. Cohen
Faculty Scholarship
No abstract provided.
The Court's Role In Congressional Federalism: A Play With (At Least) Three Acts, Philip C. Bobbitt
The Court's Role In Congressional Federalism: A Play With (At Least) Three Acts, Philip C. Bobbitt
Faculty Scholarship
The constitutional drama that climaxed in the Garcia case can be usefully understood, by a theatrical metaphor, as a play in three acts. In the first act, the principal characters are introduced and the problematic nature of their relationship established; the way the characters understand their problems creates their problems. In the second act an attempt made to overcome the conflict of the first act serves only to intensify the struggle and even threatens values widely shared by the players. In the third act, a futile effort is made to resolve the tensions that now appear almost inevitable among such …
Congress And The Executive: Who Calls The Shots For National Security? – Remarks By Lori Fisler Damrosch, Lori Fisler Damrosch
Congress And The Executive: Who Calls The Shots For National Security? – Remarks By Lori Fisler Damrosch, Lori Fisler Damrosch
Faculty Scholarship
Professor Firmage's reaffirmation of the Framers' conception of a President who would wait for congressional instructions appeals to traditional values of democratic control and congressional primacy that have deep roots in our national consciousness. But this model of presidential passivity has some of the same strengths and weaknesses as the advocacy of chastity to solve today's problems of teenage pregnancy and sexually transmitted disease. The basic values may be sound, but when one moves from the assertion of those values to the identification of policy prescriptions, then it becomes clear that contemporary problems are too complex to be solved by …
Foreign States And The Constitution, Lori Fisler Damrosch
Foreign States And The Constitution, Lori Fisler Damrosch
Faculty Scholarship
This article does not advocate judicial abstention from deciding the constitutional claims of foreign sovereigns. Rather, the argument is that constitutional claims against the actions of the federal political branches must fail on the merits because of the relationship of foreign states to the federal structure. When, on the other hand, a claim does not directly confront or conflict with the political branches' foreign policy, the federal courts should adjudicate the merits of foreign state claims by applying constitutional jurisprudence to sustain or reject the claim. Part III of this article elaborates upon the relationship between the thesis in Part …
From The Editor: Working With Facts, Richard A. Danner
From The Editor: Working With Facts, Richard A. Danner
Faculty Scholarship
No abstract provided.
Of Carrots And Sticks: Evaluating The Role Of The Class Action Lawyer, Mary Kay Kane
Of Carrots And Sticks: Evaluating The Role Of The Class Action Lawyer, Mary Kay Kane
Faculty Scholarship
No abstract provided.