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Articles 20041 - 20070 of 21650
Full-Text Articles in Law
Reviving Republicanism, H. Jefferson Powell
Rules For Originalists, H. Jefferson Powell
The Idea Of The Constitution As Hard Law, William W. Van Alstyne
The Idea Of The Constitution As Hard Law, William W. Van Alstyne
Faculty Scholarship
The "idea" of the Constitution is generally thought to be well declared in the famous rhetoric of its Preamble.
What Is “An Establishment Of Religion”?, William W. Van Alstyne
What Is “An Establishment Of Religion”?, William W. Van Alstyne
Faculty Scholarship
No abstract provided.
Preface: Master Advocates Edition, Robinson O. Everett
Preface: Master Advocates Edition, Robinson O. Everett
Faculty Scholarship
No abstract provided.
Thinking About Habeas Corpus, Erwin Chemerinsky
Thinking About Habeas Corpus, Erwin Chemerinsky
Faculty Scholarship
Hailed as the "great writ of liberty," the writ of habeas corpus protects the American citizenry from arbitrary and wrongful governmental imprisonment. The scope of the protection provided by the writ, however, has never been finally settled during it's almost 200 year existence. This is the result of failure on the part of those analyzing its scope to recognize the complexity of the issues involved and to confront the true issues that underlie its application. In this Article, Professor Chemerinsky discusses what he considers to be the four primary considerations of habeas issues; federalism, separation of powers, the purposes of …
A Paradox Without A Principle: A Comment On The Burger Court’S Jurisprudence In Separation Of Powers Cases, Erwin Chemerinsky
A Paradox Without A Principle: A Comment On The Burger Court’S Jurisprudence In Separation Of Powers Cases, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Shareholder Litigation In The United States And Australia: Common Problems, Uncommon Solutions, Deborah A. Demott
Shareholder Litigation In The United States And Australia: Common Problems, Uncommon Solutions, Deborah A. Demott
Faculty Scholarship
To what extent should decisions of companies' directors and controlling shareholders be challenged in litgation brought by disgruntled shareholders? The response in the United States tends to differ from that in Australia and Great Britain and to produce divergent legal rules for the regulation of shareholder litigation. Nonetheless, to some extent these dissimilar legal rules reflect common policy concerns created by shareholder litigation. This article begins with a brief sketch of the development of rules governing shareholder derivative suits, actions in which the shareholder sues on behalf of a company in which he owns shares alleging that the company has …
Of Sailing Ships And Seeking Facts: Brief Reflections On Magistrates And The Federal Rules Of Civil Procedure, Jonathan B. Wiener, Jack B. Weinstein
Of Sailing Ships And Seeking Facts: Brief Reflections On Magistrates And The Federal Rules Of Civil Procedure, Jonathan B. Wiener, Jack B. Weinstein
Faculty Scholarship
No abstract provided.
Response Prepared To White House Analysis Of Judge Bork’S Record (Biden Report), Christopher H. Schroeder, Jeffrey Peck
Response Prepared To White House Analysis Of Judge Bork’S Record (Biden Report), Christopher H. Schroeder, Jeffrey Peck
Faculty Scholarship
Originally published as a Report to the Chairman of the Senate Judiciary Committee, Joseph Biden, on the nomination of Robert H. Bork to the United States Supreme Court.
Assessing The Effects Of Case Characteristics And Settlement Forums On Dispute Outcomes And Compliance, Neil Vidmar
Assessing The Effects Of Case Characteristics And Settlement Forums On Dispute Outcomes And Compliance, Neil Vidmar
Faculty Scholarship
McEwen and Maiman (1986) have disagreed with my claim that the case characteristic of admitted liability explains more variability in dispute outcome and compliance than whether the case was resolved through a mediation or adjudication forum. Those authors reanalyzed some of my data from an Ontario small claims court and concluded that forum type is the stronger variable. I take issue with them on a number of conceptual and methodological points. In my own reanalysis of the Ontario data I am able to demonstrate statistically that admitted liability is the stronger predictor of outcomes. I also discuss why this should …
Consumer Complaints And The Ontario Business Practices Act: An Empirical Study, Neil Vidmar, Joseph Samuels
Consumer Complaints And The Ontario Business Practices Act: An Empirical Study, Neil Vidmar, Joseph Samuels
Faculty Scholarship
No abstract provided.
The Modern Misunderstanding Of Original Intent, H. Jefferson Powell
The Modern Misunderstanding Of Original Intent, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
Book Review, Thomas D. Rowe Jr.
Book Reviews, George C. Christie
Comments On Standards Of Judicial Review, William W. Van Alstyne
Comments On Standards Of Judicial Review, William W. Van Alstyne
Faculty Scholarship
No abstract provided.
Legal Fiction, James Boyle
The Ambiguities Of Pledging Faith, H. Jefferson Powell
The Ambiguities Of Pledging Faith, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
Mackinnon’S Feminism: Power On Whose Terms?, Katharine T. Bartlett
Mackinnon’S Feminism: Power On Whose Terms?, Katharine T. Bartlett
Faculty Scholarship
reviewing Catharine McKinnon, Feminism Unmodified: Discourses on Life and Law (Harvard University Press, 1987)
Teaching Values: A Dilemma, Katharine T. Bartlett
Teaching Values: A Dilemma, Katharine T. Bartlett
Faculty Scholarship
No abstract provided.
Thomas Hobbes And The Invented Tradition Of Positivism: Reflections On Language, Power, And Essentialism, James Boyle
Thomas Hobbes And The Invented Tradition Of Positivism: Reflections On Language, Power, And Essentialism, James Boyle
Faculty Scholarship
No abstract provided.
The Function Of The Civil Appeal: A Late Century View, Paul D. Carrington
The Function Of The Civil Appeal: A Late Century View, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Self-Love And The Judicial Power To Appoint A Special Prosecutor Symposium On Special Prosecutions And The Role Of The Independent Counsel, James A. Cohen
Self-Love And The Judicial Power To Appoint A Special Prosecutor Symposium On Special Prosecutions And The Role Of The Independent Counsel, James A. Cohen
Faculty Scholarship
Judicial appointment of private attorneys as special prosecutors has occurred and is permitted to occur in a variety of contexts other than when the executive branch is faced with a potential or actual conflict of interest. Until recently, the Second Circuit Court of Appeals and, of course, district courts within the Second Circuit, have interpreted Rule 42(b) of the Federal Rules of Criminal Procedure to permit judicial appointment of a private attorney to prosecute conduct allegedly violative of a court order as criminal contempt. Courts have been most active in appointing private attorneys as special prosecutors in cases involving counterfeit …
Aids Law: Impact Of Aids On American Schools And Prisons, The , Elizabeth B. Cooper
Aids Law: Impact Of Aids On American Schools And Prisons, The , Elizabeth B. Cooper
Faculty Scholarship
The American public largely has responded with fear and hostility rather than with knowledge and compassion to the presence of Acquired Immune Deficiency Syndrome ("AIDS") in society. Although our reactions are changing as we learn more about the syndrome and its causitive virus, some people continue to characterize AIDS as a well-deserved punishment of those groups most often afflicted with AIDS: gay men and intravenous drug users. Many people also persist in their erroneous beliefs that AIDS can be spread through casual contact. Although much remains to be learned about AIDS, there already exists an abundance of information upon which …
Gray Market Goods: A Lighter Shade Of Black Symposium: The Controversy Over The Importation Of Gray Market Goods: Is A Resolution Forthcoming, Hugh C. Hansen
Gray Market Goods: A Lighter Shade Of Black Symposium: The Controversy Over The Importation Of Gray Market Goods: Is A Resolution Forthcoming, Hugh C. Hansen
Faculty Scholarship
If a street vendor offers a famous brand-name product for a substantially lower price than one would expect, the average consumer's initial reaction might be that the product had been stolen or was "hot" - a product of the black market. While such discounted goods might indeed be stolen, sophisticated consumers have come to expect similar discounts in stores and mail-order houses throughout the country on goods not from the black market but rather from the "gray market." These products, naturally enough, are called "gray market goods" or simply "gray goods." Gray goods are brand-name products manufactured abroad which bear …
To Begin The Nation Anew: Congress, Citizenship, And Civil Rights After The Civil War, Robert J. Kaczorowski
To Begin The Nation Anew: Congress, Citizenship, And Civil Rights After The Civil War, Robert J. Kaczorowski
Faculty Scholarship
No abstract provided.
In The End, Truth Will Out’...Or Will It?. ‘Merchant Of Venice,’ Act Ii, Scene 2, Donald Magnetti
In The End, Truth Will Out’...Or Will It?. ‘Merchant Of Venice,’ Act Ii, Scene 2, Donald Magnetti
Faculty Scholarship
No abstract provided.
First Amendment Rights Of Military Personnel: Denying Rights To Those Who Defend Them, Linda Sugin
First Amendment Rights Of Military Personnel: Denying Rights To Those Who Defend Them, Linda Sugin
Faculty Scholarship
No abstract provided.
Birth Stress And Lateral Preferences, Deborah W. Denno
Birth Stress And Lateral Preferences, Deborah W. Denno
Faculty Scholarship
No abstract provided.
Comparative Dimensions Of Takeover Regulation, Deborah A. Demott
Comparative Dimensions Of Takeover Regulation, Deborah A. Demott
Faculty Scholarship
Systems of corporate law and securities regulation differ considerably amoung jurisdictions. This Article focuses on differences among rules that pertain to corporate takeovers. No jurisdiction's regulation of tender offers, however complex its terms, operates in a legal or economic vacuum. Thus, this Article begins by examining the institutional and economic factors that define the regulatory and transactional climate for tender offer regulation. These factors, in large part, explain why hostile takeover transactions occur in significant numbers in only relatively few countries. Section II surveys information describing the takeover environment in four of those countries- The United States, Great Britain, Candada, …