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Articles 1 - 24 of 24

Full-Text Articles in Law

From The Editor: Questions And Answers, Richard A. Danner Jan 1984

From The Editor: Questions And Answers, Richard A. Danner

Faculty Scholarship

No abstract provided.


The Original Understanding Of Original Intent, H. Jefferson Powell Jan 1984

The Original Understanding Of Original Intent, H. Jefferson Powell

Faculty Scholarship

When interpreting the Constitution, judges and commentators often invoke the "original intent of the framers" in support of their positions. Many claim that such an interpretative strategy is not only currently desireable, but indeed was the expectation of the Constitution's drafters and early interpreters. In this Article, Professor Powell examines the historical validity of the claim that the framers of the Constitution expected the future interpreters to seek the meaning of the document in the framers' intent. He first examines the various cultural traditions that influenced legal interpretations at the time of the Constitution's birth. Turning to the history of …


Book Review, Paul D. Carrington Jan 1984

Book Review, Paul D. Carrington

Faculty Scholarship

Reviewing R. Stevens, Law School: Legal Education in America from the 1850s to the 1980s (1983).


Solvency And Survival After The Boom—A Different Perspective, A. Kenneth Pye, John R. Kramer Jan 1984

Solvency And Survival After The Boom—A Different Perspective, A. Kenneth Pye, John R. Kramer

Faculty Scholarship

No abstract provided.


The Right Of Property And The Law Of Theft, Michael E. Tigar Jan 1984

The Right Of Property And The Law Of Theft, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Book Review, Michael E. Tigar Jan 1984

Book Review, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Serving Two Masters: Commercial Hues And Tax Exempt Organizations, Lawrence A. Zelenak Jan 1984

Serving Two Masters: Commercial Hues And Tax Exempt Organizations, Lawrence A. Zelenak

Faculty Scholarship

No abstract provided.


Foreword: Public And Private Barriers To Competitive Reform Of Health Care Services Delivery, Clark C. Havighurst Jan 1984

Foreword: Public And Private Barriers To Competitive Reform Of Health Care Services Delivery, Clark C. Havighurst

Faculty Scholarship

No abstract provided.


Administrative Institutions And The Administrative Process, Lawrence G. Baxter Jan 1984

Administrative Institutions And The Administrative Process, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.


From The Editor: On Legislative History Research, Richard A. Danner Jan 1984

From The Editor: On Legislative History Research, Richard A. Danner

Faculty Scholarship

No abstract provided.


Civil Procedure And Alternative Dispute Resolution, Paul D. Carrington Jan 1984

Civil Procedure And Alternative Dispute Resolution, Paul D. Carrington

Faculty Scholarship

No abstract provided.


The Price Of Asking The Wrong Question: An Essay On Constitutional Scholarship And Judicial Review, Erwin Chemerinsky Jan 1984

The Price Of Asking The Wrong Question: An Essay On Constitutional Scholarship And Judicial Review, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


The Uniform Marital Property Act: Some Suggested Revisions For A Basically Sound Act, William A. Reppy Jr. Jan 1984

The Uniform Marital Property Act: Some Suggested Revisions For A Basically Sound Act, William A. Reppy Jr.

Faculty Scholarship

No abstract provided.


First Amendment Limitations On Recovery From The Press—An Extended Comment On “The Anderson Solution”, William W. Van Alstyne Jan 1984

First Amendment Limitations On Recovery From The Press—An Extended Comment On “The Anderson Solution”, William W. Van Alstyne

Faculty Scholarship

No abstract provided.


Juror Prejudice: An Empirical Study Of A Challenge For Cause, Neil Vidmar, Julius Melnitzer Jan 1984

Juror Prejudice: An Empirical Study Of A Challenge For Cause, Neil Vidmar, Julius Melnitzer

Faculty Scholarship

The authors empirically examine the challenge for cause process in the context of a murder trial in a rural region in southern Ontario. A survey was under-taken to assess prejudice and is compared to prejudice found in potential jurors. The study also compares the verdicts on each potential juror screened in the challenge for cause process, as rendered by the triers, defence counsel and a professional psychologist observing the proceedure. The results of these studies are presented within.


The Small Claims Court: A Reconceptualization Of Disputes And An Empirical Investigation, Neil Vidmar Jan 1984

The Small Claims Court: A Reconceptualization Of Disputes And An Empirical Investigation, Neil Vidmar

Faculty Scholarship

In this paper disputes are seen as varying along a dimension of admitted liability, that is, the extent to which defendants admit some obligation to plaintiffs; they may admit no liability, partial liability, or full liability. This conceptualization was used in an empirical study of a small claims court. The results paint a portrait of the court that is at variance with most of the previous literature. Consumer issues constitute a substantial portion of the court caseload. On average, defendants, including individual consumers, do well when they dispute claims. Among disputed cases, small rather than large businesses predominate. Prior literature …


Compensation, Deterrence, And The Market As Boundaries For Derivative Suit Procedures, James D. Cox Jan 1984

Compensation, Deterrence, And The Market As Boundaries For Derivative Suit Procedures, James D. Cox

Faculty Scholarship

No abstract provided.


Re-Thinking Parenthood As An Exclusive Status: The Need For Legal Alternatives When The Premise Of The Nuclear Family Has Failed, Katharine T. Bartlett Jan 1984

Re-Thinking Parenthood As An Exclusive Status: The Need For Legal Alternatives When The Premise Of The Nuclear Family Has Failed, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.


Reconsidering Supervisory Power In Criminal Cases: Constitutional And Statutory Limits On The Authority Of The Federal Courts, Sara Sun Beale Jan 1984

Reconsidering Supervisory Power In Criminal Cases: Constitutional And Statutory Limits On The Authority Of The Federal Courts, Sara Sun Beale

Faculty Scholarship

No abstract provided.


Of Law And The River, Paul D. Carrington Jan 1984

Of Law And The River, Paul D. Carrington

Faculty Scholarship

No abstract provided.


From The Editor: On Professional Literature, Richard A. Danner Jan 1984

From The Editor: On Professional Literature, Richard A. Danner

Faculty Scholarship

No abstract provided.


Should Courts Require The Internal Revenue Service To Be Consistent?, Lawrence A. Zelenak Jan 1984

Should Courts Require The Internal Revenue Service To Be Consistent?, Lawrence A. Zelenak

Faculty Scholarship

No abstract provided.


Property And Support Rights Of Unmarried Cohabitants: A Proposal For Creating A New Legal Status, William A. Reppy Jr. Jan 1984

Property And Support Rights Of Unmarried Cohabitants: A Proposal For Creating A New Legal Status, William A. Reppy Jr.

Faculty Scholarship

No abstract provided.


Notes On A Bicentennial Constitution: Part I, Processes Of Change, William W. Van Alstyne Jan 1984

Notes On A Bicentennial Constitution: Part I, Processes Of Change, William W. Van Alstyne

Faculty Scholarship

With the approach of the Bill of Rights bicentennial, this paper takes the cause for celebration as an equally important occasion for critique. This work argues that the most distinguishing aspects of our Constitution are not the Bill of Rights, federalism, and separation of powers, but rather the availability of judicial review, the political insulation of federal judges, and the limited mechanisms available for constitutional change.