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Articles 1 - 30 of 33
Full-Text Articles in Law
Legal Education, Professionalism, And The Public Interest, Alfred C. Aman
Legal Education, Professionalism, And The Public Interest, Alfred C. Aman
Articles by Maurer Faculty
No abstract provided.
Into Africa: An Introduction To The Southern Africa Exchange Program, Kevin D. Brown
Into Africa: An Introduction To The Southern Africa Exchange Program, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
The Dangers Of Symbolic Legislation: Perceptions And Realities Of The New Burden-Of-Proof Rules, Steve R. Johnson
The Dangers Of Symbolic Legislation: Perceptions And Realities Of The New Burden-Of-Proof Rules, Steve R. Johnson
Articles by Maurer Faculty
One provision of the 1998 IRS Restructuring and Reform Act is new I.R.C. sec. 7491. That section purports to alter the long established rule that the burden of proof in civil tax litigation generally is on the taxpayer. It was enacted with considerable fanfare as a taxpayer-protection measure. However, to minimize the serious effects that a genuine and general burden reversal would occasion, sec. 7491 contains many exceptions and limitations. I argue that these conditions largely swallow the rule, such that the burden of proof will shift in very few actual cases. But ineffective does not mean innocuous. Section 7491 …
Clearing The Air: Four Propositions About Property Rights And Environmental Protection, Daniel H. Cole
Clearing The Air: Four Propositions About Property Rights And Environmental Protection, Daniel H. Cole
Articles by Maurer Faculty
No abstract provided.
Precedent Lost: Why Encourage Settlement, And Why Permit Non-Party Involvement In Settlements?, Leandra Lederman
Precedent Lost: Why Encourage Settlement, And Why Permit Non-Party Involvement In Settlements?, Leandra Lederman
Articles by Maurer Faculty
No abstract provided.
Book Review. Roman Law After The Fall Of Rome, David V. Snyder
Book Review. Roman Law After The Fall Of Rome, David V. Snyder
Articles by Maurer Faculty
Review of: Stein, Peter, Roman Law in European History. New York: Cambridge University Press, 1999.
Constitutional Tales Of Violence: Populists, Outgroups, And The Multicultural Landscape Of The Second Amendment, David C. Williams
Constitutional Tales Of Violence: Populists, Outgroups, And The Multicultural Landscape Of The Second Amendment, David C. Williams
Articles by Maurer Faculty
Traditionally, populists have claimed the Second Amendment as their particular cultural property; by contrast, outgroups and elites have found the Amendment somewhat culturally alien. Recently, some outgroup members have argued that their groups ought to embrace the Amendment because the right to keep and bear arms can be a valuable way of resisting populist oppression. This Article explores this changing multicultural landscape of the Second Amendment It recognizes that in particular instances and in the short term, outgroups might need to arm themselves against hate violence. It argues, however, that only a consensus culture on the use of violence will …
International Law And Global Public Health, David P. Fidler
International Law And Global Public Health, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
Who’S Afraid Of Functional Claims? Reforming The Patent Law’S §112, ¶ 6 Jurisprudence, Mark D. Janis
Who’S Afraid Of Functional Claims? Reforming The Patent Law’S §112, ¶ 6 Jurisprudence, Mark D. Janis
Articles by Maurer Faculty
No abstract provided.
Learning From Nepa: Some Guidelines For Responsible Federal Risk Legislation, John S. Applegate, Celia Campbell-Mohn
Learning From Nepa: Some Guidelines For Responsible Federal Risk Legislation, John S. Applegate, Celia Campbell-Mohn
Articles by Maurer Faculty
The past three or more Congresses have seen substantial efforts to enact "risk reform" legislation that would require environmental, health, and safety regulations to be adopted following the performance of risk assessments modeled on quantitative risk assessment methods for carcinogens. While such a requirement has potentially beneficial effects on the quality of the resulting rules, there is also a substantial potential for mischief by reorienting substantive environmental, health, and safety regulation, and by introducing substantial new costs and delays into the regulatory process. This article, which is derived from a report by the authors to support an American Bar Association …
Foreign Private Investment In Palestine Revisited: An Analysis Of The Revised Palestinian Investment Law, David P. Fidler
Foreign Private Investment In Palestine Revisited: An Analysis Of The Revised Palestinian Investment Law, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
The International Legal Implications Of "Non-Lethal" Weapons, David P. Fidler
The International Legal Implications Of "Non-Lethal" Weapons, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
On Teaching Mediation, Edwin H. Greenebaum
On Teaching Mediation, Edwin H. Greenebaum
Articles by Maurer Faculty
No abstract provided.
Book Review. National Security And Environmental Protection: The Half-Full Glass, John S. Applegate
Book Review. National Security And Environmental Protection: The Half-Full Glass, John S. Applegate
Articles by Maurer Faculty
No abstract provided.
The Changing Face Of Privacy Protection In The European Union And The United States, Fred H. Cate
The Changing Face Of Privacy Protection In The European Union And The United States, Fred H. Cate
Articles by Maurer Faculty
Among the wide variety of national and multinational legal regimes for protecting privacy, two dominant models have emerged, reflecting two very different approaches to the control of information. The European Union has enacted a sweeping data protection directive that imposes significant restrictions on most data collection, processing, dissemination, and storage activities, not only within Europe, but throughout the world if the data originates in a member state. The United States has taken a very different approach that extensively regulates government processing of data, while facilitating private, market-based initiatives to address private sector data processing.
Under the EU data protection directive, …
Book Review. From Renaissance Poland To Poland's Renaissance, Daniel H. Cole
Book Review. From Renaissance Poland To Poland's Renaissance, Daniel H. Cole
Articles by Maurer Faculty
No abstract provided.
Free Exercise, Federalism, And The States As Laboratories, Daniel O. Conkle
Free Exercise, Federalism, And The States As Laboratories, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
The Fruits Of Our Labors: An Empirical Study Of The Distribution Of Income And Job Satisfaction Across The Legal Profession, Kenneth G. Dau-Schmidt, Kaushik Mukhopadhaya
The Fruits Of Our Labors: An Empirical Study Of The Distribution Of Income And Job Satisfaction Across The Legal Profession, Kenneth G. Dau-Schmidt, Kaushik Mukhopadhaya
Articles by Maurer Faculty
In this study we undertake a simple empirical analysis to examine the distribution of pecuniary and nonpecuniary benefits across the legal profession. Using the University of Michigan alumni data set, we conduct a series of regressions to examine how the participants' self-reported income and job satisfaction vary across the legal profession according to type of practice, gender, and whether the respondent is black or Hispanic. Regression analysis allows us to undertake this analysis while correcting for the effects of several other variables, including years of practice, hours worked, law school grades, satisfaction with family life, and population of the respondent's …
Lawyers Seeking Clients, Clients Seeking Lawyers: Sources Of Contingency Fee Cases And Their Implications For Case Handling, Jayanth K. Krishnan, Herbert M. Kritzer
Lawyers Seeking Clients, Clients Seeking Lawyers: Sources Of Contingency Fee Cases And Their Implications For Case Handling, Jayanth K. Krishnan, Herbert M. Kritzer
Articles by Maurer Faculty
This paper examines the ways that Wisconsin contingency fee lawyers obtain clients. It draws upon a survey of Wisconsin practitioners, three months of observation in lawyers' offices, semi-structured interviews with practitioners, a survey of recipients of direct mail solicitations from Wisconsin contingency fee practitioners, and a survey of Wisconsin residents about whether they had predilections concerning which lawyer or law firm they would use should they have an injury claim. The analyses show that most lawyers draw the vast majority of their cases from a combination of referrals from prior clients, referrals from other lawyers (mostly uncompensated referrals), and repeat …
Executive Privilege Since United States V. Nixon: Issues Of Motivation And Accommodation, Dawn E. Johnsen
Executive Privilege Since United States V. Nixon: Issues Of Motivation And Accommodation, Dawn E. Johnsen
Articles by Maurer Faculty
No abstract provided.
A Tale Of The Apocryphal Axe: Repair, Reconstruction, And The Implied License In Intellectual Property Law, Mark D. Janis
A Tale Of The Apocryphal Axe: Repair, Reconstruction, And The Implied License In Intellectual Property Law, Mark D. Janis
Articles by Maurer Faculty
No abstract provided.
Second Tier Patent Protection, Mark D. Janis
Second Tier Patent Protection, Mark D. Janis
Articles by Maurer Faculty
No abstract provided.
The "Possession Vs. Use" Debate In The Context Of Securities Trading By Traditional Insiders: Why Silence Can Never Be Golden, Donna M. Nagy
The "Possession Vs. Use" Debate In The Context Of Securities Trading By Traditional Insiders: Why Silence Can Never Be Golden, Donna M. Nagy
Articles by Maurer Faculty
Traditional insiders occupy a very special position in the scheme of federal securities regulation. However, in a misguided quest for a single answer to the possession vs. use debate, courts, commentators, and even the SEC have tended to marginalize the significant differences between traditional insiders and other securities traders who may possess material nonpublic information. In the aftermath of the circuit court decisions in United States v. Smith and Securities and Exchange Commission v. Adler, courts and the SEC should follow a categorical approach in addressing the possession vs. use question, and should recognize that silence can never be golden …
Which Cases Go To Trial?: An Empirical Study Of Predictors Of Failure To Settle, Leandra Lederman
Which Cases Go To Trial?: An Empirical Study Of Predictors Of Failure To Settle, Leandra Lederman
Articles by Maurer Faculty
No abstract provided.
Apology Excepted: Incorporating A Feminist Analysis Into Evidence Policy Where You Would Least Expect It, Aviva A. Orenstein
Apology Excepted: Incorporating A Feminist Analysis Into Evidence Policy Where You Would Least Expect It, Aviva A. Orenstein
Articles by Maurer Faculty
No abstract provided.
The Naked Land: The Dayton Accords, Property Disputes, And Bosnia's Real Constitution, Timothy W. Waters
The Naked Land: The Dayton Accords, Property Disputes, And Bosnia's Real Constitution, Timothy W. Waters
Articles by Maurer Faculty
The Dayton Accords have brought peace and stability to Bosnia. Yet the Accords were intended to do more: they were meant to create conditions for the restoration of political unity among Bosnia's factions. On these scores, Dayton has failed. Moreover, there remains a wide rift between the international community's perceptions of the local parties' obligations and those parties' own perceptions and conduct.
One of the most complicated aspects of post-conflict Bosnia is the range of disputes over real property. Hundreds of thousands of people have been displaced, and so far Dayton has proven singularly incapable of creating any meaningful resolution. …
When Is Command-And-Control Efficient? Institutions, Technology, And The Comparative Efficiency Of Alternative Regulatory Regimes For Environmental Protection, Daniel H. Cole, Peter Z. Grossman
When Is Command-And-Control Efficient? Institutions, Technology, And The Comparative Efficiency Of Alternative Regulatory Regimes For Environmental Protection, Daniel H. Cole, Peter Z. Grossman
Articles by Maurer Faculty
Contrary to the conventional wisdom among economists and legal scholars, command-and-control (CAC) environmental regulations are not inherently inefficient or invariably less efficient than alternative "economic" instruments (EI). In fact, CAC regimes can be and have been efficient (producing net social benefits), even more efficient in some cases that alternative EI regimes.
Standard economic accounts of CAC are insensitive to the historical, technological, and institutional contexts that can influence (and sometimes determine) the efficiency of alternative regulatory regimes. A regime that is nominally or relatively efficient in one set of circumstances may be nominally or relatively inefficient in another. In some …
The Human Genome Project's Implications For Autonomy, Respect, And Professionalism In Medical Genetics, Roger B. Dworkin
The Human Genome Project's Implications For Autonomy, Respect, And Professionalism In Medical Genetics, Roger B. Dworkin
Articles by Maurer Faculty
No abstract provided.
Is The Medium The Message? A Discussion Of Susskind's The Future Of Law, Edwin H. Greenebaum
Is The Medium The Message? A Discussion Of Susskind's The Future Of Law, Edwin H. Greenebaum
Articles by Maurer Faculty
No abstract provided.
Who Determines Children's Best Interests?, Michael Grossberg
Who Determines Children's Best Interests?, Michael Grossberg
Articles by Maurer Faculty
No abstract provided.