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Full-Text Articles in Law

Introduction: Assessing The Future Of The Legal Profession Symposium, Alex B. Long Oct 2005

Introduction: Assessing The Future Of The Legal Profession Symposium, Alex B. Long

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No abstract provided.


The Hidden Costs Of Contracting: Barriers To Justice In The Law Of Contracts, Teri Dobbins Baxter Oct 2005

The Hidden Costs Of Contracting: Barriers To Justice In The Law Of Contracts, Teri Dobbins Baxter

Scholarly Works

No abstract provided.


The Feminist Pervasion: How Gender-Based Scholarship Informs Law And Law Teaching, Joan Macleod Heminway, Ann Bartow, F. Carolyn Graglia, Deseriee A. Kennedy Sep 2005

The Feminist Pervasion: How Gender-Based Scholarship Informs Law And Law Teaching, Joan Macleod Heminway, Ann Bartow, F. Carolyn Graglia, Deseriee A. Kennedy

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This is an edited, annotated transcript of a conference panel discussion on feminism, sex, and gender in law, legal education, and legal scholarship. The transcript reflects widely divergent views of the place of feminism, sex, and gender in the law and legal scholarship. Moreover, the panelists differ as to the role feminism has played in the lives of women as law students and practicing attorneys. In the latter part of the transcript, the panelists' remarks focus in on hotly debated issues surrounding possible gender (or sex) and racial bias in LSAT testing and the innate abilities of women and men …


Affiliated And Related Corporations, Don Leatherman Jul 2005

Affiliated And Related Corporations, Don Leatherman

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No abstract provided.


International Space Law In Transformation: Some Observations, Glenn Harlan Reynolds Jul 2005

International Space Law In Transformation: Some Observations, Glenn Harlan Reynolds

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No abstract provided.


Book Review: A Strike Like No Other Strike: Law And Resistance During The Pittston Coal Strike Of 1989 - 1990, Fran Ansley Apr 2005

Book Review: A Strike Like No Other Strike: Law And Resistance During The Pittston Coal Strike Of 1989 - 1990, Fran Ansley

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No abstract provided.


Losing Faith: Extracting The Implied Covenant Of Good Faith From (Some) Contracts, Teri Dobbins Baxter Apr 2005

Losing Faith: Extracting The Implied Covenant Of Good Faith From (Some) Contracts, Teri Dobbins Baxter

Scholarly Works

No abstract provided.


Live Long - And Prosper?, Glenn Harlan Reynolds Apr 2005

Live Long - And Prosper?, Glenn Harlan Reynolds

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No abstract provided.


Evaluating The Risks Of Increased Price Transparency, Maurice Stucke Apr 2005

Evaluating The Risks Of Increased Price Transparency, Maurice Stucke

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Courts and antitrust enforcers continue to grapple with the issue of when increased price transparency is good or bad for consumers. The state of the law on this antitrust issue has not been clear given several difficult issues, which the article briefly addresses. To help the courts and antitrust bar assess the antitrust risks of information exchanges, the article outlines two focal points: (1) the information's value in promoting efficiency in the marketplace, and (2) the likelihood that disseminating the information would facilitate tacit collusion. Using these two points, the article outlines three categories of antitrust risks: green light (low …


Environmental Justice: A Universal Discourse, Dean Rivkin Apr 2005

Environmental Justice: A Universal Discourse, Dean Rivkin

Scholarly Works

No abstract provided.


Jerry Phillips' Product Line Continuity And Successor Corporation Liability: Where Are We Twenty Years Later, George Kuney Apr 2005

Jerry Phillips' Product Line Continuity And Successor Corporation Liability: Where Are We Twenty Years Later, George Kuney

Scholarly Works

No abstract provided.


Covenants Not To Compete: Time For Legislative And Judicial Reform In Tennessee, Brian Krumm Apr 2005

Covenants Not To Compete: Time For Legislative And Judicial Reform In Tennessee, Brian Krumm

Scholarly Works

The employment relationship has gone through dramatic changes in the last fifty years, and, with few exceptions, the notion of company loyalty and life long employment is a thing of the past.' As a consequence, many employers have adopted the use of covenants not to compete in employment contracts as a mechanism called upon to enforce, reform, or void such agreements, particularly when employees subject to such restrictive covenants leave their employment for better opportunities in the same or similar 6 industry or field. Despite common misperceptions, courts generally uphold covenants not to compete-if the covenants comply with reasonable standards. …


Early Land Use Cases, Continued Uncertainty - The Religious Land Use And Institutionalized Persons Act, Gregory M. Stein Feb 2005

Early Land Use Cases, Continued Uncertainty - The Religious Land Use And Institutionalized Persons Act, Gregory M. Stein

Scholarly Works

No abstract provided.


The Feminist Pervasion: How Gender-Based Scholarship Informs Law And Law Teaching, Deseriee A. Kennedy, Ann Bartow, F. Carolyn Graglia, Joan Macload Hemingway Jan 2005

The Feminist Pervasion: How Gender-Based Scholarship Informs Law And Law Teaching, Deseriee A. Kennedy, Ann Bartow, F. Carolyn Graglia, Joan Macload Hemingway

Scholarly Works

This is an edited, annotated transcript of a conference panel discussion on feminism, sex, and gender in law, legal education, and legal scholarship. The transcript reflects widely divergent views of the place of feminism, sex, and gender in the law and legal scholarship. Moreover, the panelists differ as to the role feminism has played in the lives of women as law students and practicing attorneys. In the latter part of the transcript, the panelists' remarks focus in on hotly debated issues surrounding possible gender (or sex) and racial bias in LSAT testing and the innate abilities of women and men …


Justice Scalia's Footprints On The Public Lands, Bret C. Birdsong Jan 2005

Justice Scalia's Footprints On The Public Lands, Bret C. Birdsong

Scholarly Works

This article explores Justice Scalia's views of judicial review of administrative action, as revealed in his writings on public land law, as both a scholar and a Supreme Court justice. It examines and explains why Professor Scalia favored judicial review of public land administration while Justice Scalia seems to abhor it. In a sweeping law review article published in 1970, Professor Scalia argued that the doctrine of sovereign immunity historically did not apply in public lands cases. On the Court he has penned two of the most significant decisions addressing judicial review of public lands administration, each of them imposing …


Between Dependency And Liberty: The Conundrum Of Children’S Rights In The Gilded Age, David S. Tanenhaus Jan 2005

Between Dependency And Liberty: The Conundrum Of Children’S Rights In The Gilded Age, David S. Tanenhaus

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Although legal scholars often assume that the history of children's rights in the United States did not begin until the mid twentieth century, this essay argues that a sophisticated conception of children's rights existed a century earlier, and analyzes how lawmakers articulated it through their attempts to define the rights of dependent children. How to handle their cases raised fundamental questions about whether children were autonomous beings or the property of either their parents and/or the state. And, if the latter, what were the limits of parental authority and/or the power of the state acting as a parent? By investigating …


Beyond Stereotyping In Equal Protection Doctrine: Reframing The Exclusion Of Women From Combat, Valorie K. Vojdik Jan 2005

Beyond Stereotyping In Equal Protection Doctrine: Reframing The Exclusion Of Women From Combat, Valorie K. Vojdik

Scholarly Works

No abstract provided.


Space Law In Its Second Half-Century, Glenn Harlan Reynolds Jan 2005

Space Law In Its Second Half-Century, Glenn Harlan Reynolds

Scholarly Works

No abstract provided.


Going On-Line With Justice Pedagogy: Four Ways Of Looking At A Web Site, Fran Ansley Jan 2005

Going On-Line With Justice Pedagogy: Four Ways Of Looking At A Web Site, Fran Ansley

Scholarly Works

No abstract provided.


Since When Is Dicta Enough To Trump Fourth Amendment Rights - The Aftermath Of Florida V. J.L., Melanie Wilson Jan 2005

Since When Is Dicta Enough To Trump Fourth Amendment Rights - The Aftermath Of Florida V. J.L., Melanie Wilson

Scholarly Works

No abstract provided.