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Articles 31 - 60 of 92
Full-Text Articles in Law
Self-Regulation In Global Electronic Markets Through Reinvigorated Trade Usages, Raj Bhala
Self-Regulation In Global Electronic Markets Through Reinvigorated Trade Usages, Raj Bhala
Faculty Publications
In a global electronic market the role of trade usages must be reinvigorated to better suit the needs of market participants. Contrary to the approach to trade usages often adopted by courts and scholars, usages should not be seen as merely a device to interpret disputed terms in a contract. Rather, they should be viewed as a legal foundation for existing and new trade practices and, therefore, as a source of authority for and legal obligation arising from such practices. In sum, they should be regarded as a means by which participants in global eiectronic markets can engage in self-regulation. …
The Countermajoritarian Paradox, Neal Devins
The Countermajoritarian Paradox, Neal Devins
Faculty Publications
No abstract provided.
Abolish The Article 9 Filing System, Peter A. Alces
Abolish The Article 9 Filing System, Peter A. Alces
Faculty Publications
No abstract provided.
Federalization: A Critical Overview, William P. Marshall
Federalization: A Critical Overview, William P. Marshall
Faculty Publications
No abstract provided.
The Religious Freedom Restoration Act: Establishment, Equal Protection And Free Speech Concerns, William P. Marshall
The Religious Freedom Restoration Act: Establishment, Equal Protection And Free Speech Concerns, William P. Marshall
Faculty Publications
No abstract provided.
The Emptiness Of The Concept Of Jus Cogens As Illustrated By The War In Bosnia-Herzegovina, A. Mark Weisburd
The Emptiness Of The Concept Of Jus Cogens As Illustrated By The War In Bosnia-Herzegovina, A. Mark Weisburd
Faculty Publications
No abstract provided.
The 1995 National Asian American Studies Examination In U.S. High Schools, Andrew Chin
The 1995 National Asian American Studies Examination In U.S. High Schools, Andrew Chin
Faculty Publications
No abstract provided.
1995-96 Supreme Court Preview: Mock Arguments In Romer V. Evans, Michael J. Gerhardt, Tracey Maclin
1995-96 Supreme Court Preview: Mock Arguments In Romer V. Evans, Michael J. Gerhardt, Tracey Maclin
Faculty Publications
No abstract provided.
A Catalogue Of Judicial Federalism In The United States, Thomas E. Baker
A Catalogue Of Judicial Federalism In The United States, Thomas E. Baker
Faculty Publications
No abstract provided.
Your Honor What I Meant To State Was . . .: A Comparative Analysis Of The Judicial And Evidentiary Admission Doctrines As Applied To Counsel Statements In Pleadings, Open Court, And Memoranda Of Law, Ediberto Román
Faculty Publications
This article analyzes the law regarding party admissions; specifically as applied to statements in pleadings, open court, and memoranda of law. In particular, this article will: (1) provide a detailed description of the two types of admissions counsel make; (2) address courts' treatment of attorneys' admissions in different circumstances; and (3) provide an argument for treating attorneys' admissions in memoranda of law similar to admissions in open court or in pleadings. The goal of this article is to provide a blueprint of the law on admissions, an area of law where all to often counsel pays little attention, and to …
Deference, Defiance, And Useful Arts, Craig Allen Nard
Deference, Defiance, And Useful Arts, Craig Allen Nard
Faculty Publications
My objective in this Article is to demonstrate that the PTO's patentability determinations are questions of policy and, therefore, the Federal Circuit's standards of review, as applied to these determinations, are unsound. With respect to the Commissioner's statutory interpretations, I intend to demonstrate that the court's “traditional factors of statutory construction,” which are used in such a way as to avoid deferring to the PTO, result in irrational decisions, or at the very least, an alternative theory of interpretation no more convincing than that put forth by the PTO. My principle assertion, grounded in both doctrine and policy, is that …
Breathe Deeply: The Tort Of Smokers' Battery, Irene Scharf
Breathe Deeply: The Tort Of Smokers' Battery, Irene Scharf
Faculty Publications
This Article explores the long and faltering history of attempts to impose liability on tobacco product manufactures. Part II traces the manufacturers' historical and current actions of targeting youth through both promotions and deceptive advertising. Part III argues in favor of an expanded cause of action against the manufacturers for the intentional tort of battery. Part IV discusses the prospect of awards of punitive damages in these cases, and the Epilogue summarizes other advantages of the battery cause of action.
Abortion Counseling As Vice Activity: The Free Speech Implications Of Rust V. Sullivan And Planned Parenthood V. Casey, Christina E. Wells
Abortion Counseling As Vice Activity: The Free Speech Implications Of Rust V. Sullivan And Planned Parenthood V. Casey, Christina E. Wells
Faculty Publications
Part I of this article discusses the Court's opinions in Rust and Casey. It first demonstrates that the driving force in both decisions was the Court's characterization of abortion counseling as an activity rather than as speech. Part I further discusses the speech/conduct distinction in First Amendment jurisprudence and demonstrates that abortion counseling falls on the speech side of that distinction. Parts II and III suggest that the real cause of the conflation of speech and conduct in Rust and Casey was the confluence of (1) the reemergence of reasoning found in a curious commercial speech decision -- Posadas de …
Playing "21" With Narcotics Enforcement: A Response To Professor Carrington (Symposium, Regulatory Future Of Contingent Employment), Frank O. Bowman Iii
Playing "21" With Narcotics Enforcement: A Response To Professor Carrington (Symposium, Regulatory Future Of Contingent Employment), Frank O. Bowman Iii
Faculty Publications
Although I have fundamental disagreements with Professor Carrington even when his argument is reduced to its core, my purpose here is neither to defend every jot and tittle of national drug policy, nor to propose any sweeping personal vision of the place of recreational drugs in America. My ambitions are more modest. I suggest three premises: (1) Intelligent discussion of drug policy requires that we shed the image of law enforcement as warfare. (2) Instead, criminal narcotics prohibitions, penalties, and enforcement methods should be analyzed by the same standards which *939 govern any other type of crime. (3) If antinarcotics …
Will The Federal Courts Of Appeals Perish If They Publish? Or Does The Declining Use Of Opinions To Explain And Justify Judicial Decisions Pose A Greater Threat?, Martha Dragich
Faculty Publications
This Article examines three of those practices: selective publication, summary disposition, and vacatur upon settlement.
A Restatement Of The Supreme Court's Law Of Religious Freedom: Coherence, Conflict Or Chaos?, Carl H. Esbeck
A Restatement Of The Supreme Court's Law Of Religious Freedom: Coherence, Conflict Or Chaos?, Carl H. Esbeck
Faculty Publications
Religious freedom as guaranteed in the First Amendment makes religious pluralism more likely, while pluralism makes the maintenance of religious freedom as a fundamental civil right more necessary. It seems there is a limit, however, to the expansion of America's religious pluralism that, when exceeded, shatters cultural consensus thus rendering impossible the political and civil discourse necessary to sustain democratic institutions.1 This follows because pluralism promises freedom but exacts a price in civic disunity and moral confusion. The question thereby resolves itself into just how a religiously diverse people are to live together, despite their deepest differences, while sharing in …
Through The Looking Glass: Can Title Vii Help Women And Minorities To Shatter The Glass Ceiling, Rafael Gely, Ramona L. Paetzold
Through The Looking Glass: Can Title Vii Help Women And Minorities To Shatter The Glass Ceiling, Rafael Gely, Ramona L. Paetzold
Faculty Publications
The employment patterns of “nontraditional” workers in the United States show two conflicting characteristics. On the one hand, researchers have observed a continuing increase in the rate of participation of nontraditional workers at multiple levels in the work force. For example, the proportion of women white collar workers increased from twenty-two percent in the late 1960s to forty-six percent in 1992. Similarly, the average job tenure for nontraditional workers has also increased. For example, although males in the thirty-five to forty-four year old age group have experienced a small decline in job tenure, women in the same group have seen …
Defensor Fidei: The Travails Of A Post-Realist Formalism, Lyrissa Lidsky
Defensor Fidei: The Travails Of A Post-Realist Formalism, Lyrissa Lidsky
Faculty Publications
This Article probes the philosophical and psychological attractions of formalism and suggests that its promise of stability and order may be essential to the effective functioning of the legal system, even if the promise can never be realized.
Getting In: The Why And The How Of It, Peter K. Rofes
Getting In: The Why And The How Of It, Peter K. Rofes
Faculty Publications
No abstract provided.
Analytic Deconstructionism? The Intellectual Voyeurism Of Anthony D'Amato, Alan R. Madry
Analytic Deconstructionism? The Intellectual Voyeurism Of Anthony D'Amato, Alan R. Madry
Faculty Publications
No abstract provided.
Law School And The Constitution, Peter K. Rofes
Law School And The Constitution, Peter K. Rofes
Faculty Publications
No abstract provided.
When Due Process Is Due: The Courts And Labor Arbitration, Jay E. Grenig
When Due Process Is Due: The Courts And Labor Arbitration, Jay E. Grenig
Faculty Publications
No abstract provided.
Ethics And The Law School: The Confusion Persists, Peter K. Rofes
Ethics And The Law School: The Confusion Persists, Peter K. Rofes
Faculty Publications
No abstract provided.
Challenging A Just-Completed Prison Sentence While Serving Another: Is The Prisoner In Custody For Purposes Of Seeking Federal Habeas Corpus Relief?, Jay E. Grenig
Faculty Publications
No abstract provided.
“I Love A Parade”: Can A Group's Participation In A Privately Organized Parade Be Compelled?, Jay E. Grenig
“I Love A Parade”: Can A Group's Participation In A Privately Organized Parade Be Compelled?, Jay E. Grenig
Faculty Publications
No abstract provided.
Removal, Remand, And Review: The Three Rs Of Appellate “Nonreview”, Jay E. Grenig
Removal, Remand, And Review: The Three Rs Of Appellate “Nonreview”, Jay E. Grenig
Faculty Publications
No abstract provided.
The Policy And Politics Of Community-Based Long-Term Care, Alison Barnes
The Policy And Politics Of Community-Based Long-Term Care, Alison Barnes
Faculty Publications
No abstract provided.
University Price Competition For Elite Students And Athletes: Illusions And Realities, Matthew J. Mitten
University Price Competition For Elite Students And Athletes: Illusions And Realities, Matthew J. Mitten
Faculty Publications
No abstract provided.
Dolan V. City Of Tigard, Takings Law, And The Supreme Court: Throwing The Baby Out With The Floodwater, Julian R. Kossow
Dolan V. City Of Tigard, Takings Law, And The Supreme Court: Throwing The Baby Out With The Floodwater, Julian R. Kossow
Faculty Publications
No abstract provided.
Anonymous Campaign Literature And The First Amendment, Erika Lietzan
Anonymous Campaign Literature And The First Amendment, Erika Lietzan
Faculty Publications
Presently, forty-eight states and the District of Columbia have statutes that require the disclosure of some party's identity (for example, an author or a sponsor) on political literature pertaining to elections. The most common explanations given for these statutes are that they deter fraud and libel in the election arena and that they provide valuable information to the voters. Because these statutes regulate core political speech, however, they necessarily implicate the First Amendment to the United States Constitution. Although campaign disclosure laws have been both struck down and sustained by state courts reviewing appealed convictions, the decisions have been disappointingly …