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Articles 211 - 240 of 3782
Full-Text Articles in Law
Academic Freedom And The Obligation To Earn It, Donald J. Weidner
Academic Freedom And The Obligation To Earn It, Donald J. Weidner
Scholarly Publications
No abstract provided.
To Catch A Killer: Roadblocks And The Fourth Amendment, Michael T. Morley
To Catch A Killer: Roadblocks And The Fourth Amendment, Michael T. Morley
Scholarly Publications
No abstract provided.
Lawyers In The Perfect Storm, Mark A. Sargent
Lawyers In The Perfect Storm, Mark A. Sargent
Working Paper Series
The multiple corporate collapses and scandals of recent years, for which "Enron" is a convenient shorthand, resulted from a perfect storm in which regulatory oversight, the law of fiduciary duty, gatekeepers, market discipline, and contractual incentives all failed to prevent gross self-dealing, conflicts of interest, and deception, or themselves produced perverse consequences. The story of this simultaneous failure of the structures in place since the New Deal and before, has received considerable attention in both the popular and scholarly literature, but is summarized here to provide a context for consideration of the contributions that lawyers made to the perfect storm. …
Preserving Community In The City: Special Improvement Districts And The Privatization Of Urban Racialized Space, Audrey Mcfarlane
Preserving Community In The City: Special Improvement Districts And The Privatization Of Urban Racialized Space, Audrey Mcfarlane
All Faculty Scholarship
This essay examines some of the ramifications of the formation of business improvement districts (BIDs) in urban centers that levy additional taxes in particular geographic areas to provide supplementary services. Originally designed to further business development to improve the tax base of the entire city, these districts are increasingly being used by affluent city neighborhoods to enhance what are viewed as inadequate municipal services. Because cities are often divided into affluent, white neighborhoods and poor minority ones, BIDs are troubling in that they reinforce race and class divisions within what is theoretically an urban whole. Professor McFarlane argues that we …
Conflicts In The Regulation Of Hostile Business Takeovers In The United State And The European Union, Barbara Ann White
Conflicts In The Regulation Of Hostile Business Takeovers In The United State And The European Union, Barbara Ann White
All Faculty Scholarship
This essay focuses on hostile business takeovers to illustrate the significance that cultural differences among nations can play in developing a harmonized European Union law. After 12 years of development, the EU Directive regulating hostile takeovers, to everyone’s surprise, was voted down in the EU Parliament in 2001. The EU Parliament consists of the member nations and the movement to defeat the Directive was led by Germany, which had just suffered a brutal hostile takeover of its largest company by British raiders.
The “harmonization” efforts within the EU (i.e., establishing uniform laws among the member nations) mirrors the federalism movement …
I Am Glad I Got To Know Him, David Shipley
I Am Glad I Got To Know Him, David Shipley
Scholarly Works
This article is part of a number of articles in tribute to L. Ray Patterson, which appear in 11 J. Intel Prop i (2003).
The Ada's Reasonable Accommodation Requirement And Innocent Third Parties, Alex B. Long
The Ada's Reasonable Accommodation Requirement And Innocent Third Parties, Alex B. Long
Scholarly Works
No abstract provided.
"Stop Me Before I Vote For This Judge Again": Judicial Conduct Organizations, Judicial Accountability, And The Disciplining Of Elected Judges, Alex B. Long
Scholarly Works
No abstract provided.
Nanotechnology And Regulatory Policy: Three Futures, Glenn Harlan Reynolds
Nanotechnology And Regulatory Policy: Three Futures, Glenn Harlan Reynolds
Scholarly Works
This Article outlines the basic characteristics of nanotechnology as it is currently understood and will briefly describe some of the technical - and social - consequences likely to arise as nanotechnology matures. Next, it examines three potential approaches for regulating nanotechnology and the likely consequences of each. The Article concludes with suggestions for further study, as well as a list of "dos" and "don'ts" for regulating nanotechnology.
Who Pays For Progress?: Accident Law In Florida, 1845-1886, James L. Hunt
Who Pays For Progress?: Accident Law In Florida, 1845-1886, James L. Hunt
Articles
No abstract provided.
The Lawyering Process: An Example Of Metacognition At Its Best, John M.A. Dipippa, Martha M. Peters
The Lawyering Process: An Example Of Metacognition At Its Best, John M.A. Dipippa, Martha M. Peters
Faculty Scholarship
This article celebrates the 25th anniversary of the publication of Gary Bellow and Bea Moulton's The Lawyering Process by looking at the work from personal and theoretical perspectives. From the personal perspective, the authors discuss how The Lawyering Process influenced them as teachers and scholars. From the theoretical perspective, the authors show how the book modeled various metacognitive processes. Combining the personal with the theoretical, the article shows how The Lawyering Process challenged lawyers to be-come aware of their own thinking by demonstrating how it challenged the authors to do so.
Resigning As Dean: Stepping Down Or Stepping Up?, David E. Shipley
Resigning As Dean: Stepping Down Or Stepping Up?, David E. Shipley
Scholarly Works
I am sure that I will enjoy being a regular law professor again, but there are some aspects of being Dean that I will miss. There are also some parts of the job I am happy to leave to my successor. Let me start with the things I am happy are no longer my responsibility.
W & M Law School Came First. Why Care?, W. Taylor Reveley Iii
W & M Law School Came First. Why Care?, W. Taylor Reveley Iii
Faculty Publications
No abstract provided.
The Pernicious Effect Of Employment Relationships On The Law Of Contracts, Franklin G. Snyder
The Pernicious Effect Of Employment Relationships On The Law Of Contracts, Franklin G. Snyder
Faculty Scholarship
The relationship between employment and contract law is peculiar. On the one hand, employment in modern American society seems to be a classic voluntary agreement among consenting adults. It is a "promise or a set of promises," in the wooden but circular language of the Restatement, "for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty." Thus, employment relationships figure prominently in a great many landmark contract law decisions, in areas like capacity, duress, certainty, consideration, promissory estoppel, illegality and public policy, anticipatory repudiation, mitigation of …
China And The Wto: Progress, Perils, And Prospects, Peter K. Yu, Gordon G. Chang, Jerome A. Cohen, Elizabeth C. Economy, Sharon K. Hom, Adam Qi Li
China And The Wto: Progress, Perils, And Prospects, Peter K. Yu, Gordon G. Chang, Jerome A. Cohen, Elizabeth C. Economy, Sharon K. Hom, Adam Qi Li
Faculty Scholarship
In November 2001, member states of the World Trade Organization (WTO) approved the proposal to admit China to the international trading body. After fifteen years of exhaustive negotiations, China finally became the 143rd member of the WTO on December 11, 2001. To reflect on this event, this panel brings together six China experts to explore the ramifications of China's accession to the WTO. Among the issues addressed are whether China is making progress in its compliance with the WTO requirements, whether China is suffering setbacks in the socio-economic arena, whether there are any prospects for democratic reforms and stronger human …
Four Common Misconceptions About Copyright Piracy, Peter K. Yu
Four Common Misconceptions About Copyright Piracy, Peter K. Yu
Faculty Scholarship
Copyright piracy is one of the most difficult, yet important, transnational problems in the twenty-first century. Although legal literature has discussed copyright piracy extensively, commentators rarely offer a "grand unified theory" on this global problem. Rather, they give nuanced analyses, discussing the many aspects of the problem-political, social, economic, cultural, and historical.
This nuanced discussion, however, is missing in the current public debate. To capture the readers' emotion and to generate support for proposed legislative and executive actions, the debate often oversimplifies the complicated picture by overexagerrating a particular aspect of the piracy problem or by offering an abbreviated, easy-to-understand, …
Envisioning A Global Legal Culture, Charles H. Koch Jr.
Envisioning A Global Legal Culture, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
Filling In The ‘Larger Puzzle’: Clinical Scholarship In The Wake Of The Lawyering Process, Susan L. Kay, Frank Bloch, Susan L. Brooks, Alex J. Hurder
Filling In The ‘Larger Puzzle’: Clinical Scholarship In The Wake Of The Lawyering Process, Susan L. Kay, Frank Bloch, Susan L. Brooks, Alex J. Hurder
Vanderbilt Law School Faculty Publications
Gary Bellow's and Bea Moulton's The Lawyering Process challenged conventional legal education on every front, from the types of material included to the questions asked about law and lawyers. Their book has inspired a generation (or more) of clinicians to teach and think about law differently. In this article, the authors focus on the impact Bellow's and Moulton's book has had as a teaching text and as early clinical scholarship. The authors discuss four topics addressed in The Lawyering Process--the public role of lawyers, ethics and professionalism, theory of lawyering, and the clinical methodology-and how those topics are addressed in …
Using Statutes To Set Legislative Rules: Entrenchment, Separation Of Powers, And The Rules Of Proceedings Clause, Aaron-Andrew P. Bruhl
Using Statutes To Set Legislative Rules: Entrenchment, Separation Of Powers, And The Rules Of Proceedings Clause, Aaron-Andrew P. Bruhl
Faculty Publications
No abstract provided.
The Interior Department's Water 2025: Blueprint For Balance, Or Just Better Business As Usual?, Reed D. Benson
The Interior Department's Water 2025: Blueprint For Balance, Or Just Better Business As Usual?, Reed D. Benson
Faculty Scholarship
The U.S. Bureau of Reclamation (USBR or the Bureau) observed its centennial in 2002, and celebrated 100 years of building dams and supplying water for irrigation and other purposes in the western United States. In 2003, the U.S. Department of the Interior (the Interior) and the Bureau shifted their focus to the future of the West and its water supply needs, producing a document called Water 2025: Preventing Crises and Conflict in the West.
Environmental Justice: Stakes, Stakeholders, Strategies, Eileen Gauna, Shiela Foster
Environmental Justice: Stakes, Stakeholders, Strategies, Eileen Gauna, Shiela Foster
Faculty Scholarship
A quick review of the beginning prominence of and continued work for environmental justice.
Symposium Editor's Note, Barbara A. Babb
Symposium Editor's Note, Barbara A. Babb
All Faculty Scholarship
No abstract provided.
Transnational Legal Practice: Cross-Border Legal Services: 2002 Year-In-Review, Robert E. Lutz, Philip T. Von Mehren, Laurel S. Terry, Peter Ehrenhaft, Carole Silver
Transnational Legal Practice: Cross-Border Legal Services: 2002 Year-In-Review, Robert E. Lutz, Philip T. Von Mehren, Laurel S. Terry, Peter Ehrenhaft, Carole Silver
Faculty Scholarly Works
No abstract provided.
Inside Unlv, Cate Weeks, Diane Russell, Carol C. Harter, Martin Watson
Inside Unlv, Cate Weeks, Diane Russell, Carol C. Harter, Martin Watson
Inside UNLV
No abstract provided.
The Ethical Obligation Of Transactional Lawyer To Act As Gatekeepers, Rutheford B. Campbell Jr., Eugene R. Gaetke
The Ethical Obligation Of Transactional Lawyer To Act As Gatekeepers, Rutheford B. Campbell Jr., Eugene R. Gaetke
Law Faculty Scholarly Articles
Recent examples of managerial misconduct at major corporations have called into question the adequacy of the gatekeeper role provided by transactional lawyers representing corporations. That role is governed by Model Rule 1.13(b), which obligates the lawyer for a corporation to take remedial action if the lawyer knows that corporate managers are engaged in actions that amount to a "violation of a legal obligation" to the corporation or that are unlawful and likely to result in substantial injury to the corporation. In addition, Model Rule 1.2(d) forbids a lawyer from lending assistance to any action by corporate managers "that the lawyer …
Rethinking Prosecution History Estoppel, Douglas Gary Lichtman
Rethinking Prosecution History Estoppel, Douglas Gary Lichtman
Coase-Sandor Working Paper Series in Law and Economics
Under the rule of prosecution history estoppel, patent applicants who amend their claims during the course of patent prosecution assume a significant risk: namely, the risk that a court will later construe the changes as concessions that should be read to limit patent scope. This risk is exacerbated by strong evidentiary presumptions under which courts are to assume, unless the patentee presents sufficient evidence otherwise, that every change triggers estoppel, and that the resulting estoppel forfeits everything except that which the revised language literally describes. The justification for these presumptions is that, implemented in this fashion, prosecution history estoppel makes …
The Effects Of Taxation On Income-Producing Crimes With Variable Leisure-Time, Avraham D. Tabbach
The Effects Of Taxation On Income-Producing Crimes With Variable Leisure-Time, Avraham D. Tabbach
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
The "Race To The Bottom" Returns: China's Challenge To The International Labor Movement, Stephen F. Diamond
The "Race To The Bottom" Returns: China's Challenge To The International Labor Movement, Stephen F. Diamond
Cornell Law Faculty Publications
No abstract provided.
The Petrochina Syndrome: Regulating Capital Markets In The Anti-Globalization Era, Stephen F. Diamond
The Petrochina Syndrome: Regulating Capital Markets In The Anti-Globalization Era, Stephen F. Diamond
Cornell Law Faculty Publications
No abstract provided.
Illustrating A Behaviorally Informed Approach To Antitrust Law: The Case Of Predatory Pricing, Avishalom Tor
Illustrating A Behaviorally Informed Approach To Antitrust Law: The Case Of Predatory Pricing, Avishalom Tor
Journal Articles
One of the core assumptions of the traditional economic approach to antitrust law is that competitors are perfectly rational, profit-maximizing, decision makers. Sometimes, this assumption serves as a useful simplification of business behavior, providing an effective foundation for antitrust doctrine. At other times, however, assuming strictly rational behavior on the part of competitors is not “approximately right” but, instead, “perfectly wrong.” In these latter cases, the reliance on the perfect rationality assumption can lead scholars to mispredict market behavior and, possibly, advocate erroneous prescriptions for antitrust policy. In contrast, a behaviorally informed approach to antitrust law is based on scientific …