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Articles 31 - 60 of 73
Full-Text Articles in Law
Arbitrating Statutory Employment Claims In The Aftermath Of Gilmer, Martin H. Malin
Arbitrating Statutory Employment Claims In The Aftermath Of Gilmer, Martin H. Malin
All Faculty Scholarship
No abstract provided.
Unemployment Compensation In A Time Of Increasing Work-Family Conflicts, Martin H. Malin
Unemployment Compensation In A Time Of Increasing Work-Family Conflicts, Martin H. Malin
All Faculty Scholarship
No abstract provided.
The Limits Of Legal Discourse: Learning From The Civil Rights Movement In The Quest For Gay And Lesbian Civil Rights, Odeana R. Neal
The Limits Of Legal Discourse: Learning From The Civil Rights Movement In The Quest For Gay And Lesbian Civil Rights, Odeana R. Neal
All Faculty Scholarship
The African-American struggle for civil rights has been a long one, one that began with the importation of the first black person into the country as a slave, and continues today. Through radical political struggle coupled with legal precedent, de jure segregation became a part of the past of the United States. Meticulous legal strategizing by the NAACP Legal Defense Fund culminated with the Supreme Court's decision in Brown v. Board of Education, which declared unconstitutional the governmental practice of segregating on the basis of race. Careful legislative lobbying—as well as the threats posed by radical black political groups who …
Comment On Tacsan's The Effectiveness Of International Law: Analternative Approach, Mortimer N.S. Sellers
Comment On Tacsan's The Effectiveness Of International Law: Analternative Approach, Mortimer N.S. Sellers
All Faculty Scholarship
To be "effective" international law must be obeyed. Often it is, even by unopposably powerful nations such as the United States of America. Why? Force and coercion cannot be the reason, but fear plays a role-the fear of appearing unjust in one's own eyes, or the eyes of one's friends.
Principled Silence, Tobias Barrington Wolff
Principled Silence, Tobias Barrington Wolff
All Faculty Scholarship
No abstract provided.
"Our National Hearthstone": Anti-Polygamy Fiction And The Sentimental Campaign Against Moral Diversity In Antebellum America, Sarah Barringer Gordon
"Our National Hearthstone": Anti-Polygamy Fiction And The Sentimental Campaign Against Moral Diversity In Antebellum America, Sarah Barringer Gordon
All Faculty Scholarship
No abstract provided.
Prenatal Screening And The Culture Of Motherhood, Lori B. Andrews
Prenatal Screening And The Culture Of Motherhood, Lori B. Andrews
All Faculty Scholarship
No abstract provided.
The Shadow Health Care System: Regulation Of Alternative Health Care Providers, Lori B. Andrews
The Shadow Health Care System: Regulation Of Alternative Health Care Providers, Lori B. Andrews
All Faculty Scholarship
No abstract provided.
Limitations Inherent In The Title To Wetlands At Common Law, Fred P. Bosselman
Limitations Inherent In The Title To Wetlands At Common Law, Fred P. Bosselman
All Faculty Scholarship
No abstract provided.
Global Technological Integration, Intellectual Property Rights, And Competition Law: Some Introductory Comments, David J. Gerber
Global Technological Integration, Intellectual Property Rights, And Competition Law: Some Introductory Comments, David J. Gerber
All Faculty Scholarship
No abstract provided.
International Trade And Competition Law In Japan, David J. Gerber
International Trade And Competition Law In Japan, David J. Gerber
All Faculty Scholarship
No abstract provided.
The Implications Of The New Regime For Global Competition Policy: Intellectual Property Rights, Economic Power, And Global Technological Integration, David J. Gerber
The Implications Of The New Regime For Global Competition Policy: Intellectual Property Rights, Economic Power, And Global Technological Integration, David J. Gerber
All Faculty Scholarship
No abstract provided.
Federalized Functionalism: The Future Of Design Protection In The European Union, Graeme Dinwoodie
Federalized Functionalism: The Future Of Design Protection In The European Union, Graeme Dinwoodie
All Faculty Scholarship
No abstract provided.
Making Criminal Codes Functional: A Code Of Conduct And A Code Of Adjudication, Paul H. Robinson, Peter D. Greene, Natasha R. Goldstein
Making Criminal Codes Functional: A Code Of Conduct And A Code Of Adjudication, Paul H. Robinson, Peter D. Greene, Natasha R. Goldstein
All Faculty Scholarship
A traditional criminal code performs several functions. It announces the law's commands to those whose conduct it seeks to influence. It also defines the rules to be used in deciding whether a breach of the law's commands will result in criminal liability and, if so, the grade or degree of liability. In serving the first function, the code addresses all members of the public. In performing the second function, it addresses lawyers, judges, jurors, and others who play a role in the adjudication process. In part because of these different audiences, the two functions call for different kinds of documents. …
The Priority Paradigm: Private Choices And The Limits Of Equality, Dorothy E. Roberts
The Priority Paradigm: Private Choices And The Limits Of Equality, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Self-Defense As A Rational Excuse, Claire Oakes Finkelstein
Self-Defense As A Rational Excuse, Claire Oakes Finkelstein
All Faculty Scholarship
No abstract provided.
Reform Of The Procuracy And Bar In Russia, Stephen C. Thaman
Reform Of The Procuracy And Bar In Russia, Stephen C. Thaman
All Faculty Scholarship
This article discusses recent efforts to reform the Russian bar and procuracy, the institutions’ responses, and the problem of criminal procedure reform as it relates to them.
Blood, Alcohol And Tears: Juries Again Ponder The Depths Of The Russian Soul, Stephen C. Thaman
Blood, Alcohol And Tears: Juries Again Ponder The Depths Of The Russian Soul, Stephen C. Thaman
All Faculty Scholarship
This article briefly discusses the history of the jury trial in the Soviet Union and the recent reform reinstating trial by jury in Russia. It focuses on specific case studies regarding Russian jury trials under the new system. The author personally observed many of the first jury trials from December 1993 to October 1994 and comprehensively studied the Russian jury reform through observations, interviews with judges and lawyers, and review of case files.
Technology Assessment And The Doctor-Patient Relationship, Amy L. Wax
Technology Assessment And The Doctor-Patient Relationship, Amy L. Wax
All Faculty Scholarship
No abstract provided.
In Defense Of Naturalization Reform Symposium: Contributions, Arnold Rochvarg
In Defense Of Naturalization Reform Symposium: Contributions, Arnold Rochvarg
All Faculty Scholarship
In March 1996, a Symposium was held at Georgetown University Law School on the topic of reforming the naturalization process. Participating were members of Congress, professors, immigrant rights advocates, and representatives from several public policy think tanks. This article sets forth the argument that reform in the naturalization process is necessary, and disputes the arguments that proposed reforms "dumb down" and cheapen the naturalization process.
Territoriality And Moral Dissensus: Thoughts On Abortion, Slavery, Gay Marriage And Family Values, Seth F. Kreimer
Territoriality And Moral Dissensus: Thoughts On Abortion, Slavery, Gay Marriage And Family Values, Seth F. Kreimer
All Faculty Scholarship
No abstract provided.
The Enforceability Of Norms And The Employment Relationship, Edward B. Rock, Michael L. Wachter
The Enforceability Of Norms And The Employment Relationship, Edward B. Rock, Michael L. Wachter
All Faculty Scholarship
No abstract provided.
The Criminal-Civil Distinction And The Utility Of Desert, Paul H. Robinson
The Criminal-Civil Distinction And The Utility Of Desert, Paul H. Robinson
All Faculty Scholarship
The communist Chinese have distinct criminal and civil systems, as do the democratic Swiss, and the monarchist Saudis.1 The criminal-civil distinction also is a basic organizing device for Islamic Pakistan, Catholic Ireland, Hindu India, and the atheistic former Soviet Union, industrialized Germany, rural Papua New Guinea, the tribal Bedouins, wealthy Singapore, impoverished Somalia, developing Thailand, newly organized Ukraine, and the ancient Romans. Apparently every society sufficiently developed to have a formal legal system usesthe criminal-civil distinction as an organizing principle. Why? Why has every society felt it necessary to create a system to impose criminal liability distinct from civil liability?
Trusting Our Partners: An Essay On Resetting The Estate Planning Defaults For An Adult World, Henry Ordower
Trusting Our Partners: An Essay On Resetting The Estate Planning Defaults For An Adult World, Henry Ordower
All Faculty Scholarship
Demonstrates that there is no tax savings to be achieved by using a trust to restrict a donee's control of property and money transferred gifts during life or at death. Reviews reasons why donors wish to continue to control wealth even after death and suggests that such reasoning is fallacious. Recommends to the estate planning bar that it revise its approach to planning in order to fulfill its obligations to the principal client and other family members. Develops mathematical formulas for analysis of estate planning decisions.
A Reliance Damages Approach To Corporate Lockups, David A. Skeel Jr.
A Reliance Damages Approach To Corporate Lockups, David A. Skeel Jr.
All Faculty Scholarship
No abstract provided.
Blame And Danger: An Essay On Preventive Detention, Stephen J. Morse
Blame And Danger: An Essay On Preventive Detention, Stephen J. Morse
All Faculty Scholarship
No abstract provided.
America's Shifting Fascination With Comparative Corporate Governance, Edward B. Rock
America's Shifting Fascination With Comparative Corporate Governance, Edward B. Rock
All Faculty Scholarship
No abstract provided.
The Irrelevance Of The Intended To Prima Facie Culpability: Comment On Moore, Claire Oakes Finkelstein
The Irrelevance Of The Intended To Prima Facie Culpability: Comment On Moore, Claire Oakes Finkelstein
All Faculty Scholarship
No abstract provided.
Where's The Beef? The Interjurisdictional Effects Of New Jersey's Entire Controversy Doctrine, Stephen B. Burbank
Where's The Beef? The Interjurisdictional Effects Of New Jersey's Entire Controversy Doctrine, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Welfare And The Problem Of Black Citizenship, Dorothy E. Roberts
Welfare And The Problem Of Black Citizenship, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.