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Articles 1 - 30 of 32
Full-Text Articles in Law
Miranda V. Arizona: The Law Today, Fredric I. Lederer
Miranda V. Arizona: The Law Today, Fredric I. Lederer
Faculty Publications
No abstract provided.
Erisa's "Bad Boy": Forfeiture For Cause In Retirement Plans, John W. Lee
Erisa's "Bad Boy": Forfeiture For Cause In Retirement Plans, John W. Lee
Faculty Publications
No abstract provided.
On Being Imposed Upon By Artful Or Designing Persons - The California Experience With The Involuntary Placement Of The Aged, George J. Alexander
On Being Imposed Upon By Artful Or Designing Persons - The California Experience With The Involuntary Placement Of The Aged, George J. Alexander
Faculty Publications
No abstract provided.
Reappraising The Legality Of Post-Trial Interviews, Fredric I. Lederer
Reappraising The Legality Of Post-Trial Interviews, Fredric I. Lederer
Faculty Publications
No abstract provided.
Proposed Regs. Under 355 Overhaul Device Test And Single-Business Divisions, John W. Lee
Proposed Regs. Under 355 Overhaul Device Test And Single-Business Divisions, John W. Lee
Faculty Publications
Newly issued Proposed Regulations, under Section 355, follow recent decisions allowing horizontal divisions of a single business. In addition, the proposals introduce factors for determining whether a Section 355 transaction is a device for bailing out earnings" Mr. Lee analyzes these and other changes in the Proposed Regulations.
Replacing The Exclusionary Rule With Administrative Rulemaking, Francis A. Gilligan, Fredric I. Lederer
Replacing The Exclusionary Rule With Administrative Rulemaking, Francis A. Gilligan, Fredric I. Lederer
Faculty Publications
No abstract provided.
Civilizing Pornography: The Case For An Exclusive Obscenity Nuisance Statute, Doug R. Rendleman
Civilizing Pornography: The Case For An Exclusive Obscenity Nuisance Statute, Doug R. Rendleman
Faculty Publications
Criminal penalties are increasingly perceived to be too severe for regulating obscenity. Professor Rendleman shares this perception and suggests that we replace criminal obscenity laws with an exclusive civil sanction utilizing injunctions. He proposes a comprehensive nuisance statute and discusses the various issues that arise in the equitable regulation of pornography.
Conspiracy: The Criminal Agreement, In Theory And In Practice, Paul Marcus
Conspiracy: The Criminal Agreement, In Theory And In Practice, Paul Marcus
Faculty Publications
Professor Marcus combines empirical research and theoretical analysis in this comprehensive study of the conspiracy doctrine. The article shows that the theoretical reasons for the conspiracy doctrine are inapplicable to most actual conspiracy prosecutions and that the practical reasons for conspiracy charges are often unacceptable prosecutorial shortcuts. Although ultimately concluding that the conspiracy doctrine is needed in some limited instances, Professor Marcus indicates that prosecutors should bring conspiracy charges only when justified by proper reasons and that courts should consider such charges more carefully.
Secs. 465 And 714(D): Invest At Your Own Risk, John W. Lee, Richard E. Fogg
Secs. 465 And 714(D): Invest At Your Own Risk, John W. Lee, Richard E. Fogg
Faculty Publications
No abstract provided.
Privacy, Paul Marcus
The Hazards To The Press Of Claiming A “Preferred Position”, William W. Van Alstyne
The Hazards To The Press Of Claiming A “Preferred Position”, William W. Van Alstyne
Faculty Publications
No abstract provided.
Discovery In Rulemaking, Charles H. Koch Jr.
Discovery In Rulemaking, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
Administrative Law: Confining And Controlling Administrative Discretion Within The Seventh Circuit, Charles H. Koch Jr.
Administrative Law: Confining And Controlling Administrative Discretion Within The Seventh Circuit, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
Financing Condominiums And Cooperatives, Dale A. Whitman
Financing Condominiums And Cooperatives, Dale A. Whitman
Faculty Publications
This article will deal with legal problems relating to the financing of condominiums and cooperatives. While space does not permit a detailed treatment of the non-financing aspects of these forms of ownership, a rudimentary overview of the legal relationships involved will preface discussion of the central topic. Both condominiums and cooperatives are legal formats for “unit ownership” – that is, the ownership of a physically defined portion of a larger parcel of (usually improved) real property. In the majority of cases, the “unit” is a residential apartment in a multifamily housing project. Condominiums are much more tightly controlled by stage …
Products Liability - The Defense Position, John J. Kircher
Products Liability - The Defense Position, John J. Kircher
Faculty Publications
No abstract provided.
Arbitration Perspective - Viable Alternative To Litigation?, John J. Kircher
Arbitration Perspective - Viable Alternative To Litigation?, John J. Kircher
Faculty Publications
No abstract provided.
The Highly Blameworthy Manufacturer: Implications On Rules Of Liability And Defense In Products Liability Actions, David Owen
Faculty Publications
No abstract provided.
Is Affirmative Action Reverse Discrimination?, George J. Alexander
Is Affirmative Action Reverse Discrimination?, George J. Alexander
Faculty Publications
No abstract provided.
Passive Use Of The Radio Spectrum For Scientific Purposes And The Frequency Allocation Process, George J. Alexander, Mark A. Stull
Passive Use Of The Radio Spectrum For Scientific Purposes And The Frequency Allocation Process, George J. Alexander, Mark A. Stull
Faculty Publications
No abstract provided.
Employment Discrimination Law, Cynthia Mertens
Employment Discrimination Law, Cynthia Mertens
Faculty Publications
Employment Discrimination Law must be on the desk of every practitioner in this field and in all law libraries. The volume is also an excellent teaching tool. There is no question that the authors' two primary objectives have been met; the book is of "significant and equal value to practitioner and student and of substantial value to the sophisticated non-lawyer," and is "balanced and non-partisan.
New Developments In The Taxation Of Real Estate Partnerships, Michael T. Madison
New Developments In The Taxation Of Real Estate Partnerships, Michael T. Madison
Faculty Publications
No abstract provided.
Brainerd Currie: Scholar, William W. Van Alstyne
Brainerd Currie: Scholar, William W. Van Alstyne
Faculty Publications
These words are written in honor of the memory of Brainerd Currie, a brilliant academic, colleague, and friend.
Cracks In “The New Property”: Adjudicative Due Process In The Administrative State, William W. Van Alstyne
Cracks In “The New Property”: Adjudicative Due Process In The Administrative State, William W. Van Alstyne
Faculty Publications
No abstract provided.
Tenure Rights In Contractual And Constitutional Context, Ronald C. Brown
Tenure Rights In Contractual And Constitutional Context, Ronald C. Brown
Faculty Publications
No abstract provided.
Punitive Damages In The Law Of Contract: The Reality And The Illusion Of Legal Change, Timothy J. Sullivan
Punitive Damages In The Law Of Contract: The Reality And The Illusion Of Legal Change, Timothy J. Sullivan
Faculty Publications
No abstract provided.
A Higher Duty: A New Look At The Ethics Of The Corporate Lawyer, Harvey Frank
A Higher Duty: A New Look At The Ethics Of The Corporate Lawyer, Harvey Frank
Faculty Publications
No abstract provided.
Transfers Of Corporate Control And Duties Of Controlling Shareholders -- Common Law, Tender Offers, Investment Companies -- And A Proposal For Reform, Thomas Lee Hazen
Transfers Of Corporate Control And Duties Of Controlling Shareholders -- Common Law, Tender Offers, Investment Companies -- And A Proposal For Reform, Thomas Lee Hazen
Faculty Publications
No abstract provided.
Chapters Of The Civil Jury, Doug R. Rendleman
Chapters Of The Civil Jury, Doug R. Rendleman
Faculty Publications
The civil jury, though constitutionally protected by the seventh amendment, has remained a controversial institution throughout much of Anglo-American legal history. Our romantic ideals are questioned by critics who view the civil jury as prejudiced and unpredictable; proponents note the sense of fairness and "earthy wisdom" gained by community participation in the legal process. This debate surfaces in the process of accommodation between certain substantive goals of the law and the pre-verdict and post-verdict procedural devices courts have employed to control the jury. In this article, Professor Rendleman examines this conflict in his three "chapters" involving racially motivated discharges of …
Book Review Of The New Industrial Order: Concentration Regulation And Public Policy And Property, Markets, And Government Intervention: A Textbook In Microeconomic Theory And Its Current Application, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
Products Liability - Where Is The Borderline Now?, James D. Ghiardi
Products Liability - Where Is The Borderline Now?, James D. Ghiardi
Faculty Publications
No abstract provided.