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Articles 1 - 30 of 36
Full-Text Articles in Law
A Comment On The Evolution Of Direct Democracy In Western State Constitutions, Patrick L. Baude
A Comment On The Evolution Of Direct Democracy In Western State Constitutions, Patrick L. Baude
Articles by Maurer Faculty
No abstract provided.
Risk Assessment, Redevelopment, And Environmental Justice: Evaluating The Brownfields Bargain, John S. Applegate
Risk Assessment, Redevelopment, And Environmental Justice: Evaluating The Brownfields Bargain, John S. Applegate
Articles by Maurer Faculty
No abstract provided.
Short Changing Short-Term Risk: A Study Of Superfund Remedy Selection, John S. Applegate, Steven M. Wesloh
Short Changing Short-Term Risk: A Study Of Superfund Remedy Selection, John S. Applegate, Steven M. Wesloh
Articles by Maurer Faculty
Unlike most environmental statutes, CERCLA requires a lengthy period of labor-intensive activity to achieve its clean-up goals. This aspect of the Superfund program does not receive sufficient attention in policy and legal analyses of CERCLA, nor during site-specific remedy selection decision-making. The risks of the remediation period-to workers, to site neighbors, and to the natural environment-are substantial, as this Article illustrates. However, the confusing and sometimes dismissive treatment of remediation risk in the EPA 's detailed guidance for Superfund decision-makers invites the neglect of the short-term effectiveness criterion in the remedy selection process. A study of remedy selection documents in …
Poland's 1997 Constitution In Its Historical Context, Daniel H. Cole
Poland's 1997 Constitution In Its Historical Context, Daniel H. Cole
Articles by Maurer Faculty
No abstract provided.
The Future Of The World Health Organization: What Role For International Law?, David P. Fidler
The Future Of The World Health Organization: What Role For International Law?, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
Microbialpolitik: Infectious Diseases And International Relations, David P. Fidler
Microbialpolitik: Infectious Diseases And International Relations, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
Targets Missed And Targets Hit: Critical Tax Studies And Effective Tax Reform, Steve R. Johnson
Targets Missed And Targets Hit: Critical Tax Studies And Effective Tax Reform, Steve R. Johnson
Articles by Maurer Faculty
No abstract provided.
The Phoenix And The Perils Of The Second Best: Why Heightened Appellate Deference To Tax Court Decisions Is Undesirable, Steve R. Johnson
The Phoenix And The Perils Of The Second Best: Why Heightened Appellate Deference To Tax Court Decisions Is Undesirable, Steve R. Johnson
Articles by Maurer Faculty
In our judicial structure, both courts of general jurisdiction and specialized courts are empowered to adjudicate federal income tax controversies. A proper relationship among those courts has proved difficult to forge and maintain. Absent an enduring intellectual and political consensus, institutional arrangements have been subject to recurring question and challenge.
How To Tell Law Stories, Michael Grossberg
How To Tell Law Stories, Michael Grossberg
Articles by Maurer Faculty
No abstract provided.
Comparative Law In Action: Promissory Estoppel, The Civil Law, And The Mixed Jurisdiction, David V. Snyder
Comparative Law In Action: Promissory Estoppel, The Civil Law, And The Mixed Jurisdiction, David V. Snyder
Articles by Maurer Faculty
No abstract provided.
Ultra Vires And The Foundations Of Judicial Review, Paul Craig
Ultra Vires And The Foundations Of Judicial Review, Paul Craig
Articles by Maurer Faculty
No abstract provided.
The Globalizing State: A Future-Oriented Perspective On The Public/Private Distinction, Federalism, And Democracy, Alfred C. Aman
The Globalizing State: A Future-Oriented Perspective On The Public/Private Distinction, Federalism, And Democracy, Alfred C. Aman
Articles by Maurer Faculty
No abstract provided.
Book Review. Making Civil Rights Law: Thurgood Marshall And The Supreme Court, 1936-1961, Kevin D. Brown
Book Review. Making Civil Rights Law: Thurgood Marshall And The Supreme Court, 1936-1961, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
Privacy And Telecommunications, Fred H. Cate
Privacy And Telecommunications, Fred H. Cate
Articles by Maurer Faculty
This article explores the differences in privacy protection between the European Union and the United States, and examines the emerging conflict over data protection. Professor Cate analyzes the European data protection Directive, with particular emphasis on the Directive's extraterritorial provisions. He then examines privacy protection under United States laws and the extent to which that protection satisfies the requirements of the Directive. Finally, Professor Cate focuses on privacy issues involved in telecommunications, an area significantly regulated by United States and European laws, and therefore one area in which some commonality among privacy protection might be anticipated. Even in this highly …
Professing Professionals: Christian Pilots On The River Of Law, Daniel O. Conkle
Professing Professionals: Christian Pilots On The River Of Law, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
Maintaining Incentives For Bioprospecting: The Occasional Need For A Right To Lie, Robert H. Heidt
Maintaining Incentives For Bioprospecting: The Occasional Need For A Right To Lie, Robert H. Heidt
Articles by Maurer Faculty
Building on a model by Anthony Kronman, the author argues that biotechnological researchers searching for valuable cells should occasionally be allowed to deceive research subjects whose cells prove valuable. The wish to preserve proper incentives for these searches justifies this exception to the law's usual abhorrence of deception. The subject's ability to "hold up" the researcher once the subject learns of his cells' value combined with the law's likely refusal to force an unwilling subject to continue his cooperation with the researcher poses risks for biotechnologists that other producers of information do not face and that the right to deceive …
The New World Of International Trademark Law, Marshall A. Leaffer
The New World Of International Trademark Law, Marshall A. Leaffer
Articles by Maurer Faculty
No abstract provided.
Rhetoric, Pragmatism And The Interdisciplinary Turn In Legal Criticism -- A Study Of Altruistic Judicial Argument, Gene R. Shreve
Rhetoric, Pragmatism And The Interdisciplinary Turn In Legal Criticism -- A Study Of Altruistic Judicial Argument, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
Co-Opting Compassion: The Federal Victim's Rights Amendment, Lynne N. Henderson
Co-Opting Compassion: The Federal Victim's Rights Amendment, Lynne N. Henderson
Articles by Maurer Faculty
No abstract provided.
Comparative Risk Assessment And Environmental Priorities Projects: A Forum, Not A Formula, John S. Applegate
Comparative Risk Assessment And Environmental Priorities Projects: A Forum, Not A Formula, John S. Applegate
Articles by Maurer Faculty
No abstract provided.
Book Review. Courts, Congress, And The Constitutional Politics Of Interbranch Restraint, Charles G. Geyh
Book Review. Courts, Congress, And The Constitutional Politics Of Interbranch Restraint, Charles G. Geyh
Articles by Maurer Faculty
No abstract provided.
The Independence Of The Judicial Branch In The New Republic, Charles G. Geyh, Emily Field Van Tassel
The Independence Of The Judicial Branch In The New Republic, Charles G. Geyh, Emily Field Van Tassel
Articles by Maurer Faculty
No abstract provided.
No Bad Men!: A Feminist Analysis Of Character Evidence In Rape Trials, Aviva A. Orenstein
No Bad Men!: A Feminist Analysis Of Character Evidence In Rape Trials, Aviva A. Orenstein
Articles by Maurer Faculty
No abstract provided.
Judicial Reliance On Regulatory Interpretations In Sec No-Action Letters: Current Problems And A Proposed Framework, Donna M. Nagy
Judicial Reliance On Regulatory Interpretations In Sec No-Action Letters: Current Problems And A Proposed Framework, Donna M. Nagy
Articles by Maurer Faculty
Judicial descriptions of SEC no-action letters have run the gamut from law, to orders, to rulings, to informal opinions, to prosecutorial decisions. This judicial failure to characterize no-action letters consistently is symptomatic of a more fundamental problem: many courts treat informal regulatory interpretations in no-action letters as interchangeable with formal and official regulatory interpretations that the full Commission has promulgated. Consequently, courts often defer automatically to the regulatory interpretations in no-action letters. In other words, many courts accept no-action letter authority as definitive interpretations of the federal securities statutes and SEC rules and regulations without independently analyzing the particular regulatory …
Uneasy Labeling, Deborah A. Widiss
Re-Viewing History: The Use Of The Past As Negative Precedent In United States V. Virginia, Deborah A. Widiss
Re-Viewing History: The Use Of The Past As Negative Precedent In United States V. Virginia, Deborah A. Widiss
Articles by Maurer Faculty
No abstract provided.
Sense And Sensibility: Justice Ruth Bader Ginsburg's Mentoring Style As A Blend Of Rigor And Compassion, David C. Williams, Susan H. Williams
Sense And Sensibility: Justice Ruth Bader Ginsburg's Mentoring Style As A Blend Of Rigor And Compassion, David C. Williams, Susan H. Williams
Articles by Maurer Faculty
No abstract provided.
Religiously Devout Judges: Issues Of Personal Integrity And Public Benefit, Daniel O. Conkle
Religiously Devout Judges: Issues Of Personal Integrity And Public Benefit, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
Congressional Alternatives In The Wake Of City Of Boerne V. Flores: The (Limited) Role Of Congress In Protecting Religious Freedom From State And Local Infringement, Daniel O. Conkle
Articles by Maurer Faculty
This article discusses and analyzes City of Boerne v. Flores, the Supreme Court's 1997 decision invalidating the Religious Freedom Restoration Act of 1993 (RFRA) as applied to state and local governments, and it explores a variety of ways in which Congress might respond to Boerne with legislation that might survive constitutional scrutiny. In particular, the article addresses the following statutory possibilities: more narrowly tailored legislation grounded on Section 5 of the Fourteenth Amendment; RFRA-like legislation grounded on Congress's power over interstate commerce or its power to implement treaties; and spending-power legislation imposing RFRA-like conditions on the receipt of federal funding …
Reframing The Misappropriation Theory Of Insider Trading Liability: A Post-O'Hagan Suggestion, Donna M. Nagy
Reframing The Misappropriation Theory Of Insider Trading Liability: A Post-O'Hagan Suggestion, Donna M. Nagy
Articles by Maurer Faculty
For almost two decades, the United States Supreme Court was silent as to the validity of the so-called 'fraud on the source" misappropriation theory of insider trading liability. This changed in June 1997 when the theory received a resounding endorsement from the Court in United States v. O'Hagan.
Critics of O'Hagan have argued that the Court's decision reaches too far. However, this Article contends that the Court actually endorsed a theory that does not reach far enough. By analyzing and critiquing the reasoning of the majority opinion in O'Hagan, this Article demonstrates that the Court's unnecessarily restrictive misappropriation theory will …