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Series

1991

Faculty Publications

Discipline
Institution
Keyword

Articles 1 - 30 of 65

Full-Text Articles in Law

An Issue-Driven Strategy For Review Of Agency Decisions, Charles H. Koch Jr. Oct 1991

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 Oct 1991

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 Oct 1991

And The Rebuttal, Glenn E. Coven

Faculty Publications

No abstract provided.


Including Retirement Benefits In A Debtor's Bankruptcy Estate: A Proposal For Harmonizing Erisa And The Bankruptcy Code, Michelle A. Cecil Jul 1991

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 Jul 1991

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 Jul 1991

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 May 1991

The Civil Rights Hydra, Neal Devins

Faculty Publications

No abstract provided.


An Agenda For Reform Of The Article 9 Filing System, Peter A. Alces, Robert M. Lloyd Apr 1991

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 Apr 1991

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 Apr 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

Time For A New Law On Health Care Advance Directives, George J. Alexander

Faculty Publications

No abstract provided.