Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 38

Full-Text Articles in Law

Congress, The Fcc, And The Search For The Public Trustee, Neal Devins Oct 1993

Congress, The Fcc, And The Search For The Public Trustee, Neal Devins

Faculty Publications

No abstract provided.


The University In The Manner Of Tiananmen Square, William W. Van Alstyne Oct 1993

The University In The Manner Of Tiananmen Square, William W. Van Alstyne

Faculty Publications

No abstract provided.


Foreword: Elected Branch Influences In Constitutional Decisionmaking, Neal Devins Oct 1993

Foreword: Elected Branch Influences In Constitutional Decisionmaking, Neal Devins

Faculty Publications

No abstract provided.


'Death And Taxes' And Hypocrisy, John W. Lee Sep 1993

'Death And Taxes' And Hypocrisy, John W. Lee

Faculty Publications

Professor Lee finds the "death and taxes" poem by Rep. Ewing hypocritical for several reasons. He notes that the poem is derived from a 1920s populist attack on Treasury Secretary Mellon for cutting taxes on the rich in the name of trickle-down economics while relying on regressive excise taxes on the masses -- an attack similar to that waged by then-Governor Clinton during the 1992 presidential campaign. Further, says Lee, the Bush administration displayed more of a preference for regressive excise taxes than the Clinton plan, whose reliance in part on consumption taxes appears a consequence of 25 years of …


The Legal Significance Of Gestation, Larry I. Palmer Jul 1993

The Legal Significance Of Gestation, Larry I. Palmer

Faculty Publications

No abstract provided.


Congressional Procedure And Statutory Interpretation, Larry Evans, Jarrell Wright, Neal Devins Jul 1993

Congressional Procedure And Statutory Interpretation, Larry Evans, Jarrell Wright, Neal Devins

Faculty Publications

No abstract provided.


President Clinton's Capital Gains Proposals, John W. Lee Jun 1993

President Clinton's Capital Gains Proposals, John W. Lee

Faculty Publications

Professor Lee believes that the generic capital gains rate should not be increased over 28 percent for revenue and political reasons. But to reflect that, on the average, capital gains realized by middle-income families consists entirely of inflation gain, while half of the capital gain realized at the 31- percent bracket and above consists of economic gain, increasing to 80-percent economic at the very top, he argues that a greater exclusion should be provided at the 28- and 15-percent brackets, either by a "progressive schedule" or by a $3,500 annual exclusion. To strengthen the political base for increasing the top …


Uniformity In The Federal Courts: A Proposal For Increasing The Use Of En Banc Appellate Review, Michael Ashley Stein Apr 1993

Uniformity In The Federal Courts: A Proposal For Increasing The Use Of En Banc Appellate Review, Michael Ashley Stein

Faculty Publications

No abstract provided.


Zoe Baird, Betrayal And Fragmentation, Susan Grover Apr 1993

Zoe Baird, Betrayal And Fragmentation, Susan Grover

Faculty Publications

No abstract provided.


Electronic Conferences: The Report Of An Experiment, I. Trotter Hardy Apr 1993

Electronic Conferences: The Report Of An Experiment, I. Trotter Hardy

Faculty Publications

No abstract provided.


“Thirty Pieces Of Silver” For The Rights Of Your People: Irresistible Offers Reconsidered As A Matter Of State Constitutional Law, William W. Van Alstyne Apr 1993

“Thirty Pieces Of Silver” For The Rights Of Your People: Irresistible Offers Reconsidered As A Matter Of State Constitutional Law, William W. Van Alstyne

Faculty Publications

No abstract provided.


Corporate Tax Policy For The Twenty-First Century: Integration And Redeeming Social Value, Glenn E. Coven Apr 1993

Corporate Tax Policy For The Twenty-First Century: Integration And Redeeming Social Value, Glenn E. Coven

Faculty Publications

No abstract provided.


Creating An Expert System For Legislative History Research: Project Clear's 'Lexpert', I. Trotter Hardy Apr 1993

Creating An Expert System For Legislative History Research: Project Clear's 'Lexpert', I. Trotter Hardy

Faculty Publications

Professor Hardy describes techniques that help to automate the creation of Lexpert, an expert system for giving advice about legislative history research.


Virtues (And Limits) Of Shared Values: The Fourth Amendment And Miranda's Concept Of Custody, Richard A. Williamson Apr 1993

Virtues (And Limits) Of Shared Values: The Fourth Amendment And Miranda's Concept Of Custody, Richard A. Williamson

Faculty Publications

Miranda only protects suspects who the police subject to custodial interrogation. The concept of custody is tethered to the Fifth Amendment privilege against self-incrimination; thus, to render a suspect in custody, law enforcement officials must subject the suspect to a compelling environment that tends to undermine that privilege. In this article, Professor Richard A. Williamson examines the application of Miranda to Terry stops. He reviews the impact of the Beheler and Berkemer decisions, which held that suspects who officials stop based on reasonable suspicion, as opposed to suspects who officials arrest, are not entitled to Miranda warnings. Professor Williamson generally …


The Employer's Fetal Injury Quandary After Johnson Controls, Susan Grover Apr 1993

The Employer's Fetal Injury Quandary After Johnson Controls, Susan Grover

Faculty Publications

No abstract provided.


The Future Of Transfer Taxation: Repeal, Restructuring And Refinement, Or Replacement, John E. Donaldson Apr 1993

The Future Of Transfer Taxation: Repeal, Restructuring And Refinement, Or Replacement, John E. Donaldson

Faculty Publications

No abstract provided.


Freedom Of Speech For Libraries And Librarians, Rodney A. Smolla Jan 1993

Freedom Of Speech For Libraries And Librarians, Rodney A. Smolla

Faculty Publications

Noting the recent bicentennial of the First Amendment to the United States Constitution, Professor Smolla considers the role of librarians in opposing censorship. He proposes a new principle of "professionalism" to establish the librarian's role, and discusses the principle in light of the Supreme Court's decision in Board of Education v. Pico.


Prosecutorial Immunity: The Response To Prenatal Drug Use, Margaret P. Spencer Jan 1993

Prosecutorial Immunity: The Response To Prenatal Drug Use, Margaret P. Spencer

Faculty Publications

No abstract provided.


Reflections On The Jeffersonian Ideal Of An Agrarian Democracy And The Emergence Of An Agricultural And Environmental Ethic In The 1990 Farm Bill, Linda A. Malone Jan 1993

Reflections On The Jeffersonian Ideal Of An Agrarian Democracy And The Emergence Of An Agricultural And Environmental Ethic In The 1990 Farm Bill, Linda A. Malone

Faculty Publications

No abstract provided.


Criminal Justice Reforms In The United States, Paul Marcus Jan 1993

Criminal Justice Reforms In The United States, Paul Marcus

Faculty Publications

No abstract provided.


An Essay On Independence, Interdependence, And The Suretyship Principle, Peter A. Alces Jan 1993

An Essay On Independence, Interdependence, And The Suretyship Principle, Peter A. Alces

Faculty Publications

In this article, Professor Peter A. Alces investigates the tension that exists between the independent and interdependent nature of contractual relations arising in suretyship agreements and letter of credit transactions. This discussion is particularly timely as the American Law Institute is currently revising both the Restatement of the Law of Suretyship and Article 5 of the Uniform Commercial Code, "Letters of Credit." This article discerns a basic incongruity between the two revisions' treatment of interrelated multiple party rights and discusses the consequences that this incongruity can be expected to have upon commercial transactions.


Information, Imagery, And The First Amendment: A Case For Expansive Protection Of Commercial Speech, Rodney A. Smolla Jan 1993

Information, Imagery, And The First Amendment: A Case For Expansive Protection Of Commercial Speech, Rodney A. Smolla

Faculty Publications

No abstract provided.


Political Will And The Unitary Executive: What Makes An Independent Agency Independent?, Neal Devins Jan 1993

Political Will And The Unitary Executive: What Makes An Independent Agency Independent?, Neal Devins

Faculty Publications

No abstract provided.


Roll Over, Llewellyn?, Peter A. Alces Jan 1993

Roll Over, Llewellyn?, Peter A. Alces

Faculty Publications

No abstract provided.


Attitudinal Barriers To Hiring Attorneys With Disabilities, Michael Ashley Stein Jan 1993

Attitudinal Barriers To Hiring Attorneys With Disabilities, Michael Ashley Stein

Faculty Publications

No abstract provided.


Country/Region Reports -- United States Of America, Linda A. Malone Jan 1993

Country/Region Reports -- United States Of America, Linda A. Malone

Faculty Publications

No abstract provided.


The Bases Are Loaded And It's Time To Get A Restraining Order: The Confounding Conflation Of America's Two National Pastimes, Paul A. Lebel Jan 1993

The Bases Are Loaded And It's Time To Get A Restraining Order: The Confounding Conflation Of America's Two National Pastimes, Paul A. Lebel

Faculty Publications

No abstract provided.


The Law School Expansion Draft (On The Lighter Side), Paul A. Lebel Jan 1993

The Law School Expansion Draft (On The Lighter Side), Paul A. Lebel

Faculty Publications

No abstract provided.


The Pressure Of Precedent: A Critique Of The Conservative Approaches To Stare Decisis In Abortion Cases, Michael J. Gerhardt Jan 1993

The Pressure Of Precedent: A Critique Of The Conservative Approaches To Stare Decisis In Abortion Cases, Michael J. Gerhardt

Faculty Publications

No abstract provided.


What Do You Think About The Twenty-Seventh Amendment?, William W. Van Alstyne Jan 1993

What Do You Think About The Twenty-Seventh Amendment?, William W. Van Alstyne

Faculty Publications

No abstract provided.