Law Commons^™

The Road Less Taken: Annulment At The Turn Of The Century, Joanna L. Grossman, Chris Guthrie

Faculty Journal Articles and Book Chapters

No abstract provided.

Guardianship: A Research Note, Lawrence M. Friedman, Joanna L. Grossman, Chris Guthrie

Faculty Journal Articles and Book Chapters

No abstract provided.

California's Proposition 187 - Does It Mean What It Says - Does It Say What It Means - A Textual And Constitutional Analysis, Lolita Buckner Inniss

Faculty Journal Articles and Book Chapters

No abstract provided.

Unification Of Law In The United States: An Updated Sketch, Peter Winship

Faculty Journal Articles and Book Chapters

No abstract provided.

Foreword: Nonfinancial Barriers To Health Care, Thomas Wm. Mayo

Faculty Journal Articles and Book Chapters

Health care policy traditionally has been seen as a three-legged stool. Three interdependent variables-cost, quality, and access-have largely defined the domain of health policy. Ignore one of the variables, and the stool topples. It is not surprising, therefore, that health care policymakers have tended to view the problem of access to health care resources primarily in economic terms. Economic analysis of the access problem is useful because it gives policymakers a common methodology, vocabulary, and set of analytical tools that provide insights into the related problems of cost containment and quality, as well as the access issue. This in turn …

Constructing A New Theoretical Framework For Home Improvement Financing, Julia Patterson Forrester Rogers

Faculty Journal Articles and Book Chapters

In this Article, I advocate modification of the law governing home improvement financing. In section I, I discuss the prevalence of home improvement scams, the dual system of home improvement financing available to affluent and poor homeowners, and the social cost of home improvement scams. Despite attempts by lawmakers to protect homeowners from unscrupulous home improvement contractors and lenders, home improvement scams remain a significant consumer problem. Most victims of such scams are poor, minority, and elderly homeowners. These homeowners obtain home improvements and home improvement financing through a system with tremendous potential for abuse. In this system, contractors and …

The New Wittgensteinians And The End Of Jurisprudence, George A. Martinez

Faculty Journal Articles and Book Chapters

This article seeks to critically evaluate the new approach to jurisprudence and legal justification. In particular, one of the most significant contributions of the article is that it seeks to evaluate the new approach by, among other things, examining the history of the Wittgensteinian descriptive project in other areas of philosophy. The article focuses primarily on the work of Philip Bobbitt who has offered the leading example of this type of neo-Wittgensteinian approach. The arguments generated in the course of the article, however, may be applied against any neo-Wittgensteinian internalist approach to jurisprudence. Thus, the article seeks to provide a …

Tax Deduction Of Hazardous Waste Cleanup Costs: Harmonizing Federal Tax And Environmental Policies, Jeffrey M. Gaba

Faculty Journal Articles and Book Chapters

The issue of the deductibility of environmental cleanup costs involves the complex and painful intersection of tax and environmental law. The basic issue is whether environmental remediation costs may be immediately deducted as ordinary and necessary expenses or whether they must they be capitalized as improvements to land. A recent revenue ruling by the IRS, Rev. Rul. 94-38, addresses a relatively simple situation but basically leaves the most difficult issues unresolved.

This article discusses whether cleanup expenses may be immediately deducted when the payments were made by the current landowner and 1) the contamination was caused and cleaned up by …

Same-Sex Sexual Harassment Under Title Vii, Dale Carpenter

Faculty Journal Articles and Book Chapters

Title VII of the Civil Rights Act of 1964 prohibits private employment discrimination on the basis of "sex." In 1986, the United States Supreme Court interpreted the "no sex discrimination" command of Title VII to forbid sexual harassment on the job. In the wake of Meritor Savings Bank v. Vinson, perhaps no single area of the law is in a greater state of flux than the question of whether sexual harassment by a member of one sex against a member of the same sex is actionable under Title VII.

This Article examines the state of federal law on the …

As The World Turns: Revisiting Rudolf Schlesinger's Study Of The Uniform Commercial Code In The Light Of Comparative Law, Peter Winship

Faculty Journal Articles and Book Chapters

Problems of commercial law are apt to be similar or at least comparable in all commercial countries, so that in this field, perhaps more than in any other, foreign experience is likely to be instructive. As was said by a leading English scholar, "The value of comparative investigation of commercial law is so obvious as to make it unnecessary to labour the point."