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Articles 1 - 30 of 36

Full-Text Articles in Law

Targets Missed And Targets Hit: Critical Tax Studies And Effective Tax Reform, Steve R. Johnson Jan 1998

Targets Missed And Targets Hit: Critical Tax Studies And Effective Tax Reform, Steve R. Johnson

Articles by Maurer Faculty

No abstract provided.


The Globalizing State: A Future-Oriented Perspective On The Public/Private Distinction, Federalism, And Democracy, Alfred C. Aman Jan 1998

The Globalizing State: A Future-Oriented Perspective On The Public/Private Distinction, Federalism, And Democracy, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.


Comparative Law In Action: Promissory Estoppel, The Civil Law, And The Mixed Jurisdiction, David V. Snyder Jan 1998

Comparative Law In Action: Promissory Estoppel, The Civil Law, And The Mixed Jurisdiction, David V. Snyder

Articles by Maurer Faculty

No abstract provided.


Microbialpolitik: Infectious Diseases And International Relations, David P. Fidler Jan 1998

Microbialpolitik: Infectious Diseases And International Relations, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


Reframing The Misappropriation Theory Of Insider Trading Liability: A Post-O'Hagan Suggestion, Donna M. Nagy Jan 1998

Reframing The Misappropriation Theory Of Insider Trading Liability: A Post-O'Hagan Suggestion, Donna M. Nagy

Articles by Maurer Faculty

For almost two decades, the United States Supreme Court was silent as to the validity of the so-called 'fraud on the source" misappropriation theory of insider trading liability. This changed in June 1997 when the theory received a resounding endorsement from the Court in United States v. O'Hagan.

Critics of O'Hagan have argued that the Court's decision reaches too far. However, this Article contends that the Court actually endorsed a theory that does not reach far enough. By analyzing and critiquing the reasoning of the majority opinion in O'Hagan, this Article demonstrates that the Court's ...


The Hemp Controversy: Can Industrial Hemp Save Kentucky?, Susan David Demaine Jan 1998

The Hemp Controversy: Can Industrial Hemp Save Kentucky?, Susan David Demaine

Articles by Maurer Faculty

In the wake of litigation over the responsibility of tobacco companies for harm caused by cigarettes and in the face of increased public hostility toward smoking, Kentucky's tobacco farmers are apprehensive about the future. While not all growers depend entirely on tobacco for their income, the potential shrinking of the tobacco market will have serious ramifications throughout the state. Some farmers are turning to organic vegetable farming, or to com and soybeans as alternative crops, but the potential of industrial hemp as an option remains uncertain. Touted by many as the answer to the tobacco farmer's quandary, industrial ...


Privacy And Telecommunications, Fred H. Cate Jan 1998

Privacy And Telecommunications, Fred H. Cate

Articles by Maurer Faculty

This article explores the differences in privacy protection between the European Union and the United States, and examines the emerging conflict over data protection. Professor Cate analyzes the European data protection Directive, with particular emphasis on the Directive's extraterritorial provisions. He then examines privacy protection under United States laws and the extent to which that protection satisfies the requirements of the Directive. Finally, Professor Cate focuses on privacy issues involved in telecommunications, an area significantly regulated by United States and European laws, and therefore one area in which some commonality among privacy protection might be anticipated. Even in this ...


The Independence Of The Judicial Branch In The New Republic, Charles G. Geyh, Emily Field Van Tassel Jan 1998

The Independence Of The Judicial Branch In The New Republic, Charles G. Geyh, Emily Field Van Tassel

Articles by Maurer Faculty

No abstract provided.


Congressional Alternatives In The Wake Of City Of Boerne V. Flores: The (Limited) Role Of Congress In Protecting Religious Freedom From State And Local Infringement, Daniel O. Conkle Jan 1998

Congressional Alternatives In The Wake Of City Of Boerne V. Flores: The (Limited) Role Of Congress In Protecting Religious Freedom From State And Local Infringement, Daniel O. Conkle

Articles by Maurer Faculty

This article discusses and analyzes City of Boerne v. Flores, the Supreme Court's 1997 decision invalidating the Religious Freedom Restoration Act of 1993 (RFRA) as applied to state and local governments, and it explores a variety of ways in which Congress might respond to Boerne with legislation that might survive constitutional scrutiny. In particular, the article addresses the following statutory possibilities: more narrowly tailored legislation grounded on Section 5 of the Fourteenth Amendment; RFRA-like legislation grounded on Congress's power over interstate commerce or its power to implement treaties; and spending-power legislation imposing RFRA-like conditions on the receipt of ...


Agony Of The Innocents, Feisal Amin Istrabadi Jan 1998

Agony Of The Innocents, Feisal Amin Istrabadi

Articles by Maurer Faculty

No abstract provided.


Ultra Vires And The Foundations Of Judicial Review, Paul Craig Jan 1998

Ultra Vires And The Foundations Of Judicial Review, Paul Craig

Articles by Maurer Faculty

No abstract provided.


Comparative Risk Assessment And Environmental Priorities Projects: A Forum, Not A Formula, John S. Applegate Jan 1998

Comparative Risk Assessment And Environmental Priorities Projects: A Forum, Not A Formula, John S. Applegate

Articles by Maurer Faculty

No abstract provided.


No Bad Men!: A Feminist Analysis Of Character Evidence In Rape Trials, Aviva A. Orenstein Jan 1998

No Bad Men!: A Feminist Analysis Of Character Evidence In Rape Trials, Aviva A. Orenstein

Articles by Maurer Faculty

No abstract provided.


Sense And Sensibility: Justice Ruth Bader Ginsburg's Mentoring Style As A Blend Of Rigor And Compassion, David C. Williams, Susan H. Williams Jan 1998

Sense And Sensibility: Justice Ruth Bader Ginsburg's Mentoring Style As A Blend Of Rigor And Compassion, David C. Williams, Susan H. Williams

Articles by Maurer Faculty

No abstract provided.


Maintaining Incentives For Bioprospecting: The Occasional Need For A Right To Lie, Robert H. Heidt Jan 1998

Maintaining Incentives For Bioprospecting: The Occasional Need For A Right To Lie, Robert H. Heidt

Articles by Maurer Faculty

Building on a model by Anthony Kronman, the author argues that biotechnological researchers searching for valuable cells should occasionally be allowed to deceive research subjects whose cells prove valuable. The wish to preserve proper incentives for these searches justifies this exception to the law's usual abhorrence of deception. The subject's ability to "hold up" the researcher once the subject learns of his cells' value combined with the law's likely refusal to force an unwilling subject to continue his cooperation with the researcher poses risks for biotechnologists that other producers of information do not face and that the ...


The New World Of International Trademark Law, Marshall A. Leaffer Jan 1998

The New World Of International Trademark Law, Marshall A. Leaffer

Articles by Maurer Faculty

No abstract provided.


The Phoenix And The Perils Of The Second Best: Why Heightened Appellate Deference To Tax Court Decisions Is Undesirable, Steve R. Johnson Jan 1998

The Phoenix And The Perils Of The Second Best: Why Heightened Appellate Deference To Tax Court Decisions Is Undesirable, Steve R. Johnson

Articles by Maurer Faculty

In our judicial structure, both courts of general jurisdiction and specialized courts are empowered to adjudicate federal income tax controversies. A proper relationship among those courts has proved difficult to forge and maintain. Absent an enduring intellectual and political consensus, institutional arrangements have been subject to recurring question and challenge.


How To Tell Law Stories, Michael Grossberg Jan 1998

How To Tell Law Stories, Michael Grossberg

Articles by Maurer Faculty

No abstract provided.


Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1998

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.


Book Review. Making Civil Rights Law: Thurgood Marshall And The Supreme Court, 1936-1961, Kevin D. Brown Jan 1998

Book Review. Making Civil Rights Law: Thurgood Marshall And The Supreme Court, 1936-1961, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.


Judicial Reliance On Regulatory Interpretations In Sec No-Action Letters: Current Problems And A Proposed Framework, Donna M. Nagy Jan 1998

Judicial Reliance On Regulatory Interpretations In Sec No-Action Letters: Current Problems And A Proposed Framework, Donna M. Nagy

Articles by Maurer Faculty

Judicial descriptions of SEC no-action letters have run the gamut from law, to orders, to rulings, to informal opinions, to prosecutorial decisions. This judicial failure to characterize no-action letters consistently is symptomatic of a more fundamental problem: many courts treat informal regulatory interpretations in no-action letters as interchangeable with formal and official regulatory interpretations that the full Commission has promulgated. Consequently, courts often defer automatically to the regulatory interpretations in no-action letters. In other words, many courts accept no-action letter authority as definitive interpretations of the federal securities statutes and SEC rules and regulations without independently analyzing the particular regulatory ...


Risk Assessment, Redevelopment, And Environmental Justice: Evaluating The Brownfields Bargain, John S. Applegate Jan 1998

Risk Assessment, Redevelopment, And Environmental Justice: Evaluating The Brownfields Bargain, John S. Applegate

Articles by Maurer Faculty

No abstract provided.


Religiously Devout Judges: Issues Of Personal Integrity And Public Benefit, Daniel O. Conkle Jan 1998

Religiously Devout Judges: Issues Of Personal Integrity And Public Benefit, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.


The Unitary Second Amendment, David C. Williams Jan 1998

The Unitary Second Amendment, David C. Williams

Articles by Maurer Faculty

No abstract provided.


The Future Of The World Health Organization: What Role For International Law?, David P. Fidler Jan 1998

The Future Of The World Health Organization: What Role For International Law?, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


Professing Professionals: Christian Pilots On The River Of Law, Daniel O. Conkle Jan 1998

Professing Professionals: Christian Pilots On The River Of Law, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.


Book Review. Courts, Congress, And The Constitutional Politics Of Interbranch Restraint, Charles G. Geyh Jan 1998

Book Review. Courts, Congress, And The Constitutional Politics Of Interbranch Restraint, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.


Rhetoric, Pragmatism And The Interdisciplinary Turn In Legal Criticism -- A Study Of Altruistic Judicial Argument, Gene R. Shreve Jan 1998

Rhetoric, Pragmatism And The Interdisciplinary Turn In Legal Criticism -- A Study Of Altruistic Judicial Argument, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.


Uneasy Labeling, Deborah A. Widiss Jan 1998

Uneasy Labeling, Deborah A. Widiss

Articles by Maurer Faculty

No abstract provided.


Re-Viewing History: The Use Of The Past As Negative Precedent In United States V. Virginia, Deborah A. Widiss Jan 1998

Re-Viewing History: The Use Of The Past As Negative Precedent In United States V. Virginia, Deborah A. Widiss

Articles by Maurer Faculty

No abstract provided.