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Articles 1 - 30 of 65
Full-Text Articles in Law
An Issue-Driven Strategy For Review Of Agency Decisions, Charles H. Koch Jr.
An Issue-Driven Strategy For Review Of Agency Decisions, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
The New Criminal Discovery Code In Oklahoma: A Two Way Street In The Wrong Direction, Rodney J. Uphoff
The New Criminal Discovery Code In Oklahoma: A Two Way Street In The Wrong Direction, Rodney J. Uphoff
Faculty Publications
This article first examines criminal discovery in Oklahoma prior to the Allen decision. Next, section II of the article explores Allen and the court’s justifications for creating a reciprocal discovery system. The article reviews the Allen procedures and similar pre-trial discovery provisions contained in the American Bar Association’s Standards for Criminal Justice and questions whether Allen’s new discovery system will achieve the desired results. Section II also focuses on the constitutionality of the defendant’s disclosure obligations and the adverse effects of mandating such disclosures on the adversary system. Finally, section III of the article proposes an alternative discovery code based …
And The Rebuttal, Glenn E. Coven
Including Retirement Benefits In A Debtor's Bankruptcy Estate: A Proposal For Harmonizing Erisa And The Bankruptcy Code, Michelle A. Cecil
Including Retirement Benefits In A Debtor's Bankruptcy Estate: A Proposal For Harmonizing Erisa And The Bankruptcy Code, Michelle A. Cecil
Faculty Publications
This Article first examines the conflicting policies of ERISA and the Bankruptcy Code. It then explores how the various courts have attempted to reconcile these policies when faced with the issue of whether a debtor's interest in retirement plan assets should be available for distribution to creditors in bankruptcy. In analyzing the relevant case law, the Article examines cases addressing the exclusion issue (whether pension plans should be excluded from the bankruptcy estate entirely). It also evaluates cases addressing the exemption issue (whether plan assets, once included in the bankruptcy estate, can be exempted out of the estate by the …
A Proposal To Resolve Interbranch Disputes On The Practice Field, Paul R. Verkuil
A Proposal To Resolve Interbranch Disputes On The Practice Field, Paul R. Verkuil
Faculty Publications
No abstract provided.
An Analysis Of Ethics Teaching In Law Schools: Replacing Lost Benefits Of The Apprentice System In The Academic Atmosphere, James E. Moliterno
An Analysis Of Ethics Teaching In Law Schools: Replacing Lost Benefits Of The Apprentice System In The Academic Atmosphere, James E. Moliterno
Faculty Publications
No abstract provided.
The Civil Rights Hydra, Neal Devins
An Agenda For Reform Of The Article 9 Filing System, Peter A. Alces, Robert M. Lloyd
An Agenda For Reform Of The Article 9 Filing System, Peter A. Alces, Robert M. Lloyd
Faculty Publications
No abstract provided.
Right-Talk And Torts-Talk: A Commentary On The Road Not Taken In The Intellectual History Of Tort Law, Paul A. Lebel
Right-Talk And Torts-Talk: A Commentary On The Road Not Taken In The Intellectual History Of Tort Law, Paul A. Lebel
Faculty Publications
No abstract provided.
The Enduring Example Of John Marshall Harlan: "Virtue As Practice" In The Supreme Court, William W. Van Alstyne
The Enduring Example Of John Marshall Harlan: "Virtue As Practice" In The Supreme Court, William W. Van Alstyne
Faculty Publications
No abstract provided.
The Role Of Precedent In Constitutional Decisionmaking And Theory, Michael J. Gerhardt
The Role Of Precedent In Constitutional Decisionmaking And Theory, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Freedom Of Speech And The Flag Anti-Desecration Amendment: Antinomies Of Constitutional Choice, William W. Van Alstyne
Freedom Of Speech And The Flag Anti-Desecration Amendment: Antinomies Of Constitutional Choice, William W. Van Alstyne
Faculty Publications
No abstract provided.
The Commodity Exchange Monopoly – Reform Is Needed, Jerry W. Markham
The Commodity Exchange Monopoly – Reform Is Needed, Jerry W. Markham
Faculty Publications
In theory, the commodity futures markets are the essence of competition. All orders are required to be exposed to trading pits where traders vie competitively and aggressively to assure the best possible execution price. On the surface, as observed from the exchange galleries or on television, the exchanges do appear to be highly competitive, particularly when one views hundreds of traders screaming and gesticulating wildly for orders. The now famous sting operations on the Chicago exchanges in 1989, however, have provided dramatic evidence that a dangerous symbiotic relationship has developed among traders on the floor that is undermining competition and …
Accutane: Has Drug Regulation In The United States Reached Its Limits?, Joan H. Krause
Accutane: Has Drug Regulation In The United States Reached Its Limits?, Joan H. Krause
Faculty Publications
No abstract provided.
In Defense Of Smith And Free Exercise Revisionism, William P. Marshall
In Defense Of Smith And Free Exercise Revisionism, William P. Marshall
Faculty Publications
No abstract provided.
The Concept Of Offensiveness In Establishment And Free Exercise Jurisprudence, William P. Marshall
The Concept Of Offensiveness In Establishment And Free Exercise Jurisprudence, William P. Marshall
Faculty Publications
No abstract provided.
Private Market Solutions To The Savings And Loan Crisis: Bank Holding Company Acquisitions Of Savings Associations, Lissa Lamkin Broome
Private Market Solutions To The Savings And Loan Crisis: Bank Holding Company Acquisitions Of Savings Associations, Lissa Lamkin Broome
Faculty Publications
No abstract provided.
United States V. Chestman -- Trading In Securities On The Basis Of Nonpublic Information In Advance Of A Tender Offer, Thomas Lee Hazen
United States V. Chestman -- Trading In Securities On The Basis Of Nonpublic Information In Advance Of A Tender Offer, Thomas Lee Hazen
Faculty Publications
No abstract provided.
Not Another Constitutional Law Course: A Proposal To Teach A Course On The Constitution, Thomas E. Baker
Not Another Constitutional Law Course: A Proposal To Teach A Course On The Constitution, Thomas E. Baker
Faculty Publications
Professors Baker and Viator discuss the shortcomings of the current law school constitutional law curriculum. They lament the emphasis on current Supreme Court cases to the almost complete exclusion of the actual text of the Constitution and writings of the intellectual and philosophical history from which it sprang. The professors then lay out a syllabus for their proposed three credit constitutional law class.
The Dismissal Of Employees In The United States, Jay E. Grenig
The Dismissal Of Employees In The United States, Jay E. Grenig
Faculty Publications
No abstract provided.
Must An Employer Arbitrate Grievances Involving Layoffs After The Expiration Of The Collective Bargaining Agreement?, Jay E. Grenig
Must An Employer Arbitrate Grievances Involving Layoffs After The Expiration Of The Collective Bargaining Agreement?, Jay E. Grenig
Faculty Publications
No abstract provided.
The Devil's Disciple And The Learned Profession: Ambrose Bierce And The Practice Of Law In Gilded Age America, J. Gordon Hylton
The Devil's Disciple And The Learned Profession: Ambrose Bierce And The Practice Of Law In Gilded Age America, J. Gordon Hylton
Faculty Publications
No abstract provided.
The Removal Of Work From Bargaining Unit Employees: The Supreme Court, The Board And Arbitrators, Jay E. Grenig
The Removal Of Work From Bargaining Unit Employees: The Supreme Court, The Board And Arbitrators, Jay E. Grenig
Faculty Publications
No abstract provided.
Virginia And The Ratification Of The Bill Of Rights, J. Gordon Hylton
Virginia And The Ratification Of The Bill Of Rights, J. Gordon Hylton
Faculty Publications
No abstract provided.
Legal Research Tools For The Nebraska Practitioner: An Annotated Bibliography, Patricia A. Cervenka, Sally H. Wise
Legal Research Tools For The Nebraska Practitioner: An Annotated Bibliography, Patricia A. Cervenka, Sally H. Wise
Faculty Publications
No abstract provided.
The Judge Who Abstained In Plessy V. Ferguson: Justice David Brewer And The Problem Of Race, J. Gordon Hylton
The Judge Who Abstained In Plessy V. Ferguson: Justice David Brewer And The Problem Of Race, J. Gordon Hylton
Faculty Publications
No abstract provided.
Reflecting On Changes In Legal Education: Marquette’S Expanding Resources Help Improve The Profession, Practitioners, James D. Ghiardi
Reflecting On Changes In Legal Education: Marquette’S Expanding Resources Help Improve The Profession, Practitioners, James D. Ghiardi
Faculty Publications
No abstract provided.
On Stopping And Restarting The Race: A Response To Malloy’S Law And Economics, David Ray Papke
On Stopping And Restarting The Race: A Response To Malloy’S Law And Economics, David Ray Papke
Faculty Publications
No abstract provided.
Competing In Global Product Innovation: Is Antitrust Immunity Necessary?, George J. Alexander
Competing In Global Product Innovation: Is Antitrust Immunity Necessary?, George J. Alexander
Faculty Publications
No abstract provided.
Time For A New Law On Health Care Advance Directives, George J. Alexander
Time For A New Law On Health Care Advance Directives, George J. Alexander
Faculty Publications
No abstract provided.