Law Commons^™

Artists, Workers, And The Law Of Work: Keynote Address, Howard Lesnick

All Faculty Scholarship

No abstract provided.

The End Of Antitrust—Or A New Beginning?, Joe Sims, Robert H. Lande

All Faculty Scholarship

Antitrust is in one of its periodic states of decline. Historically, it has rebounded from these valleys to rise to even higher peaks of enthusiastic public and political popularity. The first period of substantial antitrust activity began 15 years after the passage of the Sherman Act, and lasted into the 1920s. The Great Depression saw antitrust at its lowest, followed by Thurman Arnold's aggressive tenure, but World War II was hardly a period of great antitrust enthusiasm. The 1950 Celler-Kefauver amendment to section 7 began the golden age of antitrust, a period that lasted until the middle 1970s. So far, …

Negotiated Rulemaking And Administrative Law, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Negotiated Rulemaking Before Federal Agencies: Evaluation Of Recommendations By The Administrative Conference Of The United States, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Forum Non Conveniens: A Doctrine In Search Of A Role, Margaret G. Stewart

All Faculty Scholarship

No abstract provided.

Inter And Intrastate Usage Of Great Lakes Waters: A Legal Overview, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

The Legal Status Of The Embryo, Lori B. Andrews

All Faculty Scholarship

No abstract provided.

Constitutional Law -- In Re Grand Jury Matter, Gronowicz: Qualified Newsperson's Privilege Does Not Extend To Authors, Elizabeth De Armond

All Faculty Scholarship

No abstract provided.

A Uniform Limitations Period For Civil Rico, Elizabeth De Armond

All Faculty Scholarship

No abstract provided.

The Interaction Of Articles 6 And 9 Of The Uniform Commercial Code: A Study In Conveyancing, Priorities, And Code Interpretation, Steven L. Harris

All Faculty Scholarship

No abstract provided.

International Agreements--Agreement Between The Government Of The United Kingdom Of Great Britain And Northern Ireland And The Government Of The Republic Of Ireland, Signed November 15, 1985, Reprinted In 24 I.L.M. 1582 (1985), Mortimer N.S. Sellers

All Faculty Scholarship

No abstract provided.

Developing Rational Standards For An Advertising Subsitution Policy, Charles Shafer

All Faculty Scholarship

American annual consumer expenditures of nearly two trillion dollars involve approximately sixty-four percent of the country's Gross National Product. A substantial portion of those consumer purchases result in some sort of dissatisfaction. The term 'consumer dissatisfaction’ represents a large continuum of feelings ranging from mild disappointment to all consuming rage. Consumer dissatisfaction is a serious societal problem for a variety of reasons. It indicates a misallocation of scarce resources. It can be a significant factor in producing the perception that the economic and political institutions are unfair, ineffective, or unresponsive. That perception can have wide ranging political ramifications. Finally, it …

The Age Discrimination In Employment Act's Forgotten Affirmative Defense: The Reasonable Factors Other Than Age Exception, Howard C. Eglit

All Faculty Scholarship

No abstract provided.

Extraterritorial Discovery And The Conflict Of Procedural Systems: Germany And The United States, David J. Gerber

All Faculty Scholarship

No abstract provided.

Proposals To Amend Rule 68 - Time To Abandon Ship, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

Gray-Market Imports: Causes, Consequences And Responses, Michael S. Knoll

All Faculty Scholarship

This article explores the issue of gray-market imports. The author explains the four causes of gray-market imports and explores the possibility of private remedies in order to stem the flow of these imports. The article then turns to the possibility of protection in the public sector by discussing pertinent statutory provisions and the development of the case law in this area.

The Integration Of Responsibility And Values: Legal Education In An Alternative Consciousness Of Lawyering And Law, Howard Lesnick

All Faculty Scholarship

No abstract provided.

Foreign Investment: Foreign Economic Contract Law, Jacques Delisle

All Faculty Scholarship

No abstract provided.

Developments In Law - Toxic Waste Litigation, Howard F. Chang

All Faculty Scholarship

No abstract provided.

The Death-Prolonging Procedures Act And Refusal Of Treatment In Missouri, Sandra H. Johnson

All Faculty Scholarship

Missouri’s Death-Prolonging Procedures Act of 1985 represents an effort to ensure that an individual’s choices regarding medical treatment will be honored, even if the individual becomes incompetent. This article considers the Act’s limiting structure and examines the effect of these limits on the effectiveness of the Act in providing a legal right to refuse medical treatment.

Following an introduction, Part II describes the limiting structure of the Act. Part III considers the way in which the Act’s limitations relate to its binding effect.

First, an individual’s declaration applies only to "death-prolonging procedures" and only if the individual is terminally ill. …

Rising Above Principle, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.

Discrimination, Jobs, And Politics, Anita L. Allen

All Faculty Scholarship

No abstract provided.

Resistance Tactics For Tokens, Regina Austin

All Faculty Scholarship

No abstract provided.

Duties To Offset Competitive Advantages, Richard B. Dagen, Michael S. Knoll

All Faculty Scholarship

No abstract provided.

Interjurisdictional Preclusion, Full Faith And Credit And Federal Common Law: A General Approach, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

Criminal Justice Issues In Revolutionary Nicaragua, Stephen C. Thaman

All Faculty Scholarship

In this article, the author discusses his experiences traveling to Nicaragua in May 1985, as a part of a group of American lawyers and law professors invited by the Nicaraguan Association of Democratic Justice to consult on the judicial process, as well as a revolutionary struggle within the Nicaraguan institutions responsible for criminal justice. This article addresses current criminal procedure, special tribunals, and popular anti-Somocista tribunals. It also discusses a pilot project geared to improve criminal justice issues in Nicaragua.

Taxation Of The Disposition Of Partnership Issues: Time To Repeal I.R.C. Section 736, John A. Lynch Jr.

All Faculty Scholarship

As part of the Internal Revenue Code of 1954 Congress enacted section 736. This section specifies the tax treatment of the various types of payments that a partnership may make to a withdrawing partner. It introduced the concept of a liquidation of a partnership interest by the partnership itself, as opposed to the sale of that interest to an outsider or to the continuing partners. In some instances it provides tax consequences for continuing and withdrawing partners which are different from those attendant to a sale. It was designed to make the law concerning disposition of partnership interests simpler and …