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Articles 1 - 30 of 40

Full-Text Articles in Law

A Call For The Repudiation Of The Domestic Relations Exception To Federal Jurisdiction, Barbara Freedman Wand Jan 1985

A Call For The Repudiation Of The Domestic Relations Exception To Federal Jurisdiction, Barbara Freedman Wand

Articles by Maurer Faculty

No abstract provided.


Book Review. International Encyclopedia Of Comparative Law, Vol. Xvi, Ch.4: Types Of Relief Available By Arwed Blomeyer, Bryant G. Garth Jan 1985

Book Review. International Encyclopedia Of Comparative Law, Vol. Xvi, Ch.4: Types Of Relief Available By Arwed Blomeyer, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.


Remedies For Unfair Trade: European And United States Views, Elisabeth Zoller Jan 1985

Remedies For Unfair Trade: European And United States Views, Elisabeth Zoller

Articles by Maurer Faculty

No abstract provided.


High Technology, The Human Image, And Constitutional Value, Patrick L. Baude Jan 1985

High Technology, The Human Image, And Constitutional Value, Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.


Two Models Of The Fourth Amendment, Craig M. Bradley Jan 1985

Two Models Of The Fourth Amendment, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.


Alternatives To Challenged Employee Selection Criteria: The Significance Of Nonstatistical Evidence In Disparate Impact Cases Under Title Vii, Julia C. Lamber Jan 1985

Alternatives To Challenged Employee Selection Criteria: The Significance Of Nonstatistical Evidence In Disparate Impact Cases Under Title Vii, Julia C. Lamber

Articles by Maurer Faculty

In contrast to most recent commentary and a superficial reading of Supreme Court cases, Professor Lamber rehabilitates the concept of a distinct disparate impact theory under Title VII of the 1964 Civil Rights Act. She examines one important evidentiary question-the significance of alternative employee section criteria-to expose underlying policy questions often buried in technical questions of form. Others have argued that the Supreme Court's apparent analytical and evidentiary alignment of disparate impact and disparate treatment cases shows that Title VII bars only "intentional discrimination" and thus the purpose of alternatives evidence is quite limited. Professor Lamber presents a different view, …


Booknote. Indian Country By Peter Matthiessen, David C. Williams Jan 1985

Booknote. Indian Country By Peter Matthiessen, David C. Williams

Articles by Maurer Faculty

No abstract provided.


Tribal Bedlands Claims Since Montana V. United States, Daniel H. Cole Jan 1985

Tribal Bedlands Claims Since Montana V. United States, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.


Taxing Personal Insurance: The Case Of Tax Audit Insurance, William D. Popkin Jan 1985

Taxing Personal Insurance: The Case Of Tax Audit Insurance, William D. Popkin

Articles by Maurer Faculty

No abstract provided.


Currie's Governmental Interest Analysis -- Has It Become A Paper Tiger?, Gene R. Shreve Jan 1985

Currie's Governmental Interest Analysis -- Has It Become A Paper Tiger?, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.


Water Supply In The Northeast: A Study In Regulatory Failure, Ann Judith Gellis Jan 1985

Water Supply In The Northeast: A Study In Regulatory Failure, Ann Judith Gellis

Articles by Maurer Faculty

No abstract provided.


Empirical Research And The Shareholder Derivative Suit: Toward A Better-Informed Debate, Bryant G. Garth, Ilene H. Nagel, Sheldon J. Plager Jan 1985

Empirical Research And The Shareholder Derivative Suit: Toward A Better-Informed Debate, Bryant G. Garth, Ilene H. Nagel, Sheldon J. Plager

Articles by Maurer Faculty

No abstract provided.


George L. Haskins, Morris L. Arnold Jan 1985

George L. Haskins, Morris L. Arnold

Articles by Maurer Faculty

No abstract provided.


Access To Justice -- Variations And Continuity Of A World-Wide Movement, Bryant G. Garth, Mauro Cappelletti, Nicolo Trocker Jan 1985

Access To Justice -- Variations And Continuity Of A World-Wide Movement, Bryant G. Garth, Mauro Cappelletti, Nicolo Trocker

Articles by Maurer Faculty

No abstract provided.


A Hurried Perspective On The Critical Legal Studies Movement: The Marx Brothers Assault The Citadel, Maurice J. Holland Jan 1985

A Hurried Perspective On The Critical Legal Studies Movement: The Marx Brothers Assault The Citadel, Maurice J. Holland

Articles by Maurer Faculty

No abstract provided.


Obscene Telephone Calls: An Introduction To The Reading Of Statutes, Reed Dickerson Jan 1985

Obscene Telephone Calls: An Introduction To The Reading Of Statutes, Reed Dickerson

Articles by Maurer Faculty

Members of the legal profession continually confront problems of statutory interpretation. Unfortunately, most lawyers have been inadequately trained to read and to draft statutes, resulting in poorly reasoned judicial decisions and policy choices.

In this Article, Professor Dickerson explores common problems associated with statutory interpretation. In exploring these problems, he describes the cognitive process involved in reading a statute and the large fund of tacit assumptions that condition this process. Through a case study analysis, he suggests a method of approaching problems of statutory interpretation.


Plain English Statutes And Readability: Pt. 1 - History, The Problem And The Case For A Statute, Reed Dickerson Jan 1985

Plain English Statutes And Readability: Pt. 1 - History, The Problem And The Case For A Statute, Reed Dickerson

Articles by Maurer Faculty

In 1965 Reed Dickerson, Professor of Law at the University of Indiana Law School, wrote the classic Fundamentals of Legal Drafting, published by Little Brown and Co., Boston, a book that has become the most referred to of all books on legal drafting. Little Brown and Co. will soon be publishing Professor Dickerson's Second Edition of Fundamentals of Legal Drafting. With the permission of the author and the publishers, the Michigan Bar Journal and the Plain English Committee are pleased to present excerpts from a chapter in the Second Edition regarding plain English statutes and readability.


The Wrongs Of Victim's Rights, Lynne N. Henderson Jan 1985

The Wrongs Of Victim's Rights, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.


Soviet Prisoners In The Afghan Conflict, Mary Ellen O'Connell Jan 1985

Soviet Prisoners In The Afghan Conflict, Mary Ellen O'Connell

Articles by Maurer Faculty

No abstract provided.


Crossing Boundaries: Nineteenth-Century Domestic Relations Law And The Merger Of Family And Legal History, Michael Grossberg Jan 1985

Crossing Boundaries: Nineteenth-Century Domestic Relations Law And The Merger Of Family And Legal History, Michael Grossberg

Articles by Maurer Faculty

This essay argues for the need to study the legal history of the American family. It does so by combining a critique of secondary literature in family and legal history with examples from nineteenth-century domestic relations law. These examples, drawn from family law doctrines on seduction under the cover of a marriage promise, runaway marriages, and bastardy, are used to indicate the benefits of adding a sociocultural dimension to legal history and legal and institutional dimensions to family history. Three main themes in the history of nineteenth-century domestic relations law are developed to make these points: the law's particular fabric …


Law And Language: The Role Of Pragmatics In Statutory Interpretation, M. B.W. Sinclair Jan 1985

Law And Language: The Role Of Pragmatics In Statutory Interpretation, M. B.W. Sinclair

Articles by Maurer Faculty

In everyday conversation social conventions constrain our speech and aid understanding of the speech of others. These social conventions have been analyzed by the philosopher H.P. Grice and others. Professor Sinclair explores the applicability of such conventions to statutes and thereby derives a set of pragmatic rules of statutory construction. These rules explain some of the intuitions underlying "canons of construction" and their limitations and provide a basis for understanding and for criticizing some important judicial decisions.


Penalizing Insider Trading: A Critical Assessment Of The Insider Trading Sanctions Act Of 1984, Carole Silver Jan 1985

Penalizing Insider Trading: A Critical Assessment Of The Insider Trading Sanctions Act Of 1984, Carole Silver

Articles by Maurer Faculty

No abstract provided.


Personal Jurisdiction Over Nonresident Debtors: When May Creditors Sue At Home?, Gene R. Shreve Jan 1985

Personal Jurisdiction Over Nonresident Debtors: When May Creditors Sue At Home?, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.


Should Federal Courts Give Greater Effect To State Judgments Than Would The Courts That Rendered Them?, Gene R. Shreve Jan 1985

Should Federal Courts Give Greater Effect To State Judgments Than Would The Courts That Rendered Them?, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.


When May State Courts Exercise Personal Jurisdiction Over Nonresident Class Members, Gene R. Shreve Jan 1985

When May State Courts Exercise Personal Jurisdiction Over Nonresident Class Members, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.


Paul, The Lawyer, On Law, Jerome Hall Jan 1985

Paul, The Lawyer, On Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Legal Aspects Of Human Genetics, Roger B. Dworkin, Gilbert S. Omenn Jan 1985

Legal Aspects Of Human Genetics, Roger B. Dworkin, Gilbert S. Omenn

Articles by Maurer Faculty

No abstract provided.


Book Review. Louisiana's Legal Heritage, Edward F. Haas, Editor, Morris S. Arnold Jan 1985

Book Review. Louisiana's Legal Heritage, Edward F. Haas, Editor, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.


Reflections Of An Octogenarian On Criminal Law And Criminology, Jerome Hall Jan 1985

Reflections Of An Octogenarian On Criminal Law And Criminology, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Two Cheers For The Case Method, Gene R. Shreve Jan 1985

Two Cheers For The Case Method, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.