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Articles 1 - 30 of 35
Full-Text Articles in Law
Principled Adjudication: Tort Law And Beyond, Richard W. Wright
Principled Adjudication: Tort Law And Beyond, Richard W. Wright
All Faculty Scholarship
The article briefly discusses the impossibility of a strict formalist or positivist approach to legal adjudication and the necessity and plausibility of a principled approach, according to which it is necessary to resort, explicitly or implicitly, to the principles underlying the positive expressions or sources of law to identify, interpret and apply the law, in easy as well as hard cases. The legitimacy of the principled approach crucially depends on resort to the community's moral principles as embedded in the existing law -- those moral principles which best explain as much as possible of the existing law -- rather than …
A Taxing Time For The Bishop Estate: What Is The I.R.S. Role In Charity Governance? (Symposium), Evelyn Brody
A Taxing Time For The Bishop Estate: What Is The I.R.S. Role In Charity Governance? (Symposium), Evelyn Brody
All Faculty Scholarship
No abstract provided.
Charities In Tax Reform: Threats To Subsidies Overt And Covert, Evelyn Brody
Charities In Tax Reform: Threats To Subsidies Overt And Covert, Evelyn Brody
All Faculty Scholarship
Fundamental tax reform would do far more damage to charities than the obvious repeal of the deduction for charitable contributions. Over the decades, charities have quietly garnered billions of dollars worth of indirect benefits. For example, the largest tax expenditure - the exclusion from workers' income of employer-provided health insurance - has fattened nonprofit hospitals, and the new tuition tax credits promise to spur tuition inflation. Tax reform presents an opportunity to eliminate tax subsidies and enact any desired direct expenditures for specific public goods and activities. However, converting tax expenditures to direct outlays would likely take the form of …
False Alarm? (With Margaret G. Stewart), Henry H. Perritt Jr.
False Alarm? (With Margaret G. Stewart), Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
International Administrative Law For The Internet: Mechanisms Of Accountability, Henry H. Perritt Jr.
International Administrative Law For The Internet: Mechanisms Of Accountability, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Policing International Peace And Security: International Police Forces, Henry H. Perritt Jr.
Policing International Peace And Security: International Police Forces, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
The Internet Is Changing The Face Of American Law Schools, Henry H. Perritt Jr.
The Internet Is Changing The Face Of American Law Schools, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Our Nonuniform Constitution: Geographical Variations Of Constitutional Requirements In The Aid Of Community, Mark D. Rosen
Our Nonuniform Constitution: Geographical Variations Of Constitutional Requirements In The Aid Of Community, Mark D. Rosen
All Faculty Scholarship
This Article highlights an overlooked but integral aspect of American constitutional law: that some activities believed to be flatly unconstitutional are permissible in select locations. Contrary to what the Constitution has been construed to proscribe in most jurisdictions, for example, governments in some places in our country can ban political speeches by citizens, impose prior restraints with regard to petitions to government officials, and disallow defendants at risk of incarceration from having counsel.
The Article brings together the case law that creates nonuniformity across geographical locations. It first explains the mechanics by which this "geographical constitutional nonuniformity" is generated and …
Posthumous Meddling: An Instrumental Theory Of Testamentary Restraints On Conjugal And Religious Choices, Jeffrey G. Sherman
Posthumous Meddling: An Instrumental Theory Of Testamentary Restraints On Conjugal And Religious Choices, Jeffrey G. Sherman
All Faculty Scholarship
No abstract provided.
False Alarm?, Margaret G. Stewart
Can Cowboys Become Indians? Protecting Western Communities As Endangered Cultural Remnants, A. Dan Tarlock
Can Cowboys Become Indians? Protecting Western Communities As Endangered Cultural Remnants, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Growth Management And Western Water Law: From Oases To Archipelagos, A. Dan Tarlock
Growth Management And Western Water Law: From Oases To Archipelagos, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
The Creation Of New Risk Sharing Water Entitlement Regimes: The Case Of The Truckee-Carson Basin, A. Dan Tarlock
The Creation Of New Risk Sharing Water Entitlement Regimes: The Case Of The Truckee-Carson Basin, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Does Incommensurability Matter? Incommensurability And Public Policy, Richard Warner
Does Incommensurability Matter? Incommensurability And Public Policy, Richard Warner
All Faculty Scholarship
No abstract provided.
Reproductive Technology Comes Of Age, Lori B. Andrews
Reproductive Technology Comes Of Age, Lori B. Andrews
All Faculty Scholarship
No abstract provided.
What Rape Is And What It Ought Not Be, Katharine K. Baker
What Rape Is And What It Ought Not Be, Katharine K. Baker
All Faculty Scholarship
No abstract provided.
Sex, Rape And Shame, Katharine K. Baker
Sex, Rape And Shame, Katharine K. Baker
All Faculty Scholarship
This article explores how shame sanctions may be able to change the social meaning and decrease the prevalence of date rape. Arguing that men's tendency to date rape is fostered by social norms that treat sex as an accomplishment and, importantly, an accomplishment that enhances a man's masculinity status, the article suggests that one way to curb date rape is to curb the extent to which it is associated with masculine behavior. This strategy is necessary because the high premium society places on masculinity and the cultural confusion about when date rape is morally wrong and how it is different …
Text, Context And The Problem With Rape, Katharine K. Baker
Text, Context And The Problem With Rape, Katharine K. Baker
All Faculty Scholarship
No abstract provided.
Value, Obligation And Cultural Heritage, Sarah K. Harding
Value, Obligation And Cultural Heritage, Sarah K. Harding
All Faculty Scholarship
No abstract provided.
Filing And Enforcement Under Revised Article 9, (With C. Mooney, Jr.)., Steven L. Harris
Filing And Enforcement Under Revised Article 9, (With C. Mooney, Jr.)., Steven L. Harris
All Faculty Scholarship
No abstract provided.
How Successful Was The Revision Of U.C.C. Article 9?: Reflections Of The Reporters,(With C. Mooney, Jr.)., Steven L. Harris
How Successful Was The Revision Of U.C.C. Article 9?: Reflections Of The Reporters,(With C. Mooney, Jr.)., Steven L. Harris
All Faculty Scholarship
No abstract provided.
State Supported Speech, Steven J. Heyman
State Supported Speech, Steven J. Heyman
All Faculty Scholarship
No abstract provided.
How To Move Beyond The Exclusionary Rule: Structuring Judicial Response To Legislative Reform Efforts, Harold J. Krent
How To Move Beyond The Exclusionary Rule: Structuring Judicial Response To Legislative Reform Efforts, Harold J. Krent
All Faculty Scholarship
No abstract provided.
Monitoring Governmental Disposition Of Assets: Fashioning Regulatory Substitutes For Market Controls (With N. Zeppos), Harold J. Krent
Monitoring Governmental Disposition Of Assets: Fashioning Regulatory Substitutes For Market Controls (With N. Zeppos), Harold J. Krent
All Faculty Scholarship
No abstract provided.
The Interplay Of Race And False Claims Of Jury Nullification, Nancy S. Marder
The Interplay Of Race And False Claims Of Jury Nullification, Nancy S. Marder
All Faculty Scholarship
No abstract provided.
The Myth Of The Nullifying Jury, Nancy S. Marder
The Myth Of The Nullifying Jury, Nancy S. Marder
All Faculty Scholarship
Jury nullification, an issue that has received much public attention, has been used loosely to describe verdicts with which members of the press and public disagree. One aim of this article is to explain what nullification is and to identify and describe three different situations in which nullification is likely to arise. Another aim is to offer two conceptions of the jury before assessing whether nullification is helpful or harmful to the judicial system. One conception, "a conventional view," largely held by judges, regards the jury as a fact-finding body and little more. My own conception, which I have labeled …
The Duty To Rescue And The Exodus Meta-Narrative Of Jewish Law, Sheldon Nahmod
The Duty To Rescue And The Exodus Meta-Narrative Of Jewish Law, Sheldon Nahmod
All Faculty Scholarship
No abstract provided.
Farmworkers, Nonimmigration Policy, Involuntary Servitude, And A Look At The Sheepherding Industry, Kimi Jackson
Farmworkers, Nonimmigration Policy, Involuntary Servitude, And A Look At The Sheepherding Industry, Kimi Jackson
Louis Jackson National Student Writing Competition
No abstract provided.
Bad Medicine: The Anti-Competitive Side-Effects Of Physician Unionization , Thomas Segars
Bad Medicine: The Anti-Competitive Side-Effects Of Physician Unionization , Thomas Segars
Louis Jackson National Student Writing Competition
No abstract provided.
U.S. Objections To The Statute Of The International Criminal Court: A Brief Response, Bartram Brown
U.S. Objections To The Statute Of The International Criminal Court: A Brief Response, Bartram Brown
All Faculty Scholarship
No abstract provided.