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Articles 1 - 24 of 24
Full-Text Articles in Law
From The Editor: Questions And Answers, Richard A. Danner
From The Editor: Questions And Answers, Richard A. Danner
Faculty Scholarship
No abstract provided.
The Original Understanding Of Original Intent, H. Jefferson Powell
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
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
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
The Right Of Property And The Law Of Theft, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Book Review, Michael E. Tigar
Serving Two Masters: Commercial Hues And Tax Exempt Organizations, Lawrence A. Zelenak
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
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
Administrative Institutions And The Administrative Process, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
From The Editor: On Legislative History Research, Richard A. Danner
From The Editor: On Legislative History Research, Richard A. Danner
Faculty Scholarship
No abstract provided.
Civil Procedure And Alternative Dispute Resolution, Paul D. Carrington
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
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.
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
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
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
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
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
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
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
From The Editor: On Professional Literature, Richard A. Danner
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
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.
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
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.