Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 30 of 117
Full-Text Articles in Law
Global Trade Law: Present At The Creation, E. Thomas Sullivan
Global Trade Law: Present At The Creation, E. Thomas Sullivan
Minnesota Journal of International Law
No abstract provided.
The Container Security Initiative: Balancing U.S. Security Interets With The European Union's Legal And Economic Concerns, Sung Y. Lee
Minnesota Journal of International Law
No abstract provided.
Robert Hudec: Scholar, Internationalist, Mentor, Teacher, And Friend, Fred L. Morrison
Robert Hudec: Scholar, Internationalist, Mentor, Teacher, And Friend, Fred L. Morrison
Minnesota Journal of International Law
No abstract provided.
The Internationalization Of Chilean Agriculture: Implications Of The United States-Chile Free Trade Agreement, Lindsay M. Faine
The Internationalization Of Chilean Agriculture: Implications Of The United States-Chile Free Trade Agreement, Lindsay M. Faine
Minnesota Journal of International Law
No abstract provided.
Going Global, Regional, Or Both - Dispute Settlement In The Southern African Development Community (Sadc) And Overlaps With The Wto And Other Jurisdictions, Joost Pauwelyn
Minnesota Journal of International Law
No abstract provided.
Portraits Of The Scholar As A Young Clerk, Jim Chen
Portraits Of The Scholar As A Young Clerk, Jim Chen
Minnesota Journal of International Law
No abstract provided.
Stealing Signs: Is Professional Baseball's United States-Japanese Player Contract Agreement Enough To Avoid Another Baseball War, Casey Duncan
Minnesota Journal of International Law
No abstract provided.
An Original Approach And Original Insights, Robert Kudrle
An Original Approach And Original Insights, Robert Kudrle
Minnesota Journal of International Law
No abstract provided.
Mini-Memories Of The Supreme Court, 1961 Term, Roy A. Schotland
Mini-Memories Of The Supreme Court, 1961 Term, Roy A. Schotland
Minnesota Journal of International Law
No abstract provided.
The Limits Of Business Limited Liability: Entity Veil Piercing And Successor Liability Doctrines, John Matheson
The Limits Of Business Limited Liability: Entity Veil Piercing And Successor Liability Doctrines, John Matheson
Articles
The quest for limited liability in business enterprises and transactions has been a driving force in the development of business organization law for centuries. The historical development of corporations and limited partnerships evidences this primary goal. The recent development of the modern forms of limited liability partnerships and limited liability companies proves that this quest continues unabated. In addition, parties to significant business transfer transactions have long sought by construct and contract to apportion and limit their respective legal responsibilities and liabilities.Counterbalancing this inexorable trend toward limited liability has been the penchant of common law jurisprudence to define its limits. …
Varieties Of Youth Justice, Anthony Doob, Michael Tonry
Varieties Of Youth Justice, Anthony Doob, Michael Tonry
Articles
No abstract provided.
At The Cutting Edge Of Labor Law Preemption: A Critique Of Chamber Of Commerce V. Lockyer, Stephen F. Befort, Bryan N. Smith
At The Cutting Edge Of Labor Law Preemption: A Critique Of Chamber Of Commerce V. Lockyer, Stephen F. Befort, Bryan N. Smith
Articles
This article analyzes the contours of federal labor law preemption through the lens of the Ninth Circuit Court of Appeals recent decision in Chamber of Commerce v. Lockyer, 364 F.3d 1154 (9th Cir. 2004). This case involves a constitutional challenge brought by the U.S. Chamber of Commerce and several other organizations to California Assembly Bill 1889 (AB 1889), enacted by the California legislature effective in 2001. This statute prohibits certain public employers, state grant recipients, and state contractors from using state-provided funds or property to assist, promote, or deter union organizing efforts. The Ninth Circuit, in a decision issued in …
Through The Years: The Supreme Court And The Copyright Clause, Ruth Okediji
Through The Years: The Supreme Court And The Copyright Clause, Ruth Okediji
Articles
No abstract provided.
Are Torture Warrants Warranted? Pragmatic Absolutism And Official Disobedience, Oren Gross
Are Torture Warrants Warranted? Pragmatic Absolutism And Official Disobedience, Oren Gross
Articles
May torture ever be morally or legally permissible? In Why Terrorism Works, Professor Alan Dershowitz makes two important claims. First, he rejects the notion that a prohibition on torture ought to be absolute. Second, in an attempt to limit the use of torture and maximize civil liberties Dershowitz suggests the mechanism of judicial torture warrants as a prerequisite to torturing suspected terrorists in interrogations. This article challenges both of Dershowitz's propositions by introducing two interlinked claims based on concepts of pragmatic absolutism and official disobedience. I argue that an absolute legal ban on torture ought to be maintained. However, in …
Employment Discrimination Remedies And Tax Gross Ups, Gregg Polsky, Stephen Befort
Employment Discrimination Remedies And Tax Gross Ups, Gregg Polsky, Stephen Befort
Articles
This article considers whether a successful employment discrimination plaintiff may be entitled, under current law, to receive an augmented award (a gross up) to neutralize certain adverse federal income tax consequences. The question of whether such a gross up is allowed, the resolution of which can have drastic effects on litigants, has received almost no attention from practitioners, judges, and academics. Because of the potentially enormous impact of the alternative minimum tax (AMT) on discrimination lawsuit recoveries, however, the gross up issue is now beginning to appear in reported cases. The three principal federal anti-discrimination statutes - Title VII, the …
Let's Not "Spit The Bit" In Defense Of "The Law Of The Horse": The Historical And Legal Development Of American Thoroughbred Racing, Joan Howland
Articles
No abstract provided.
Researching Labor Arbitration And Alternative Dispute Resolution In Employment, Employee Advocate: A Publication Of The National Employment Lawyers Association, Laura Cooper, Suzanne Thorpe
Researching Labor Arbitration And Alternative Dispute Resolution In Employment, Employee Advocate: A Publication Of The National Employment Lawyers Association, Laura Cooper, Suzanne Thorpe
Articles
No abstract provided.
The Public And Private Ordering Of Marriage, Brian Bix
Fixing The Constitutional Absurdity Of The Apportionment Of Direct Tax, Calvin H. Johnson
Fixing The Constitutional Absurdity Of The Apportionment Of Direct Tax, Calvin H. Johnson
Constitutional Commentary
No abstract provided.
Tacking Left: A Radical Critique Of Grutter, Daria Roithmayr
Tacking Left: A Radical Critique Of Grutter, Daria Roithmayr
Constitutional Commentary
No abstract provided.
International Human Rights Law Perspective On Grutter And Gratz, David Weissbrodt
International Human Rights Law Perspective On Grutter And Gratz, David Weissbrodt
Constitutional Commentary
No abstract provided.
(So) What If It's All Just Rhetoric? Book Review Of: For The Sake Of Argument: Practical Reasoning, Character, And The Ethics Of Belief. By Eugene Garver, David Mcgowan
Constitutional Commentary
Book review: For The Sake of Argument: Practical Reasoning, Character, and the Ethics of Belief. By Eugene Garver. Chicago, University of Chicago Press. 2004. 264 pp. Reviewed by: David McGowan
Reynolds V. United States: The Historical Construction Of Constitutional Reality, Donald L. Drakeman
Reynolds V. United States: The Historical Construction Of Constitutional Reality, Donald L. Drakeman
Constitutional Commentary
No abstract provided.
Racial Integration As A Compelling Interest, Elizabeth S. Anderson
Racial Integration As A Compelling Interest, Elizabeth S. Anderson
Constitutional Commentary
No abstract provided.
Progressive Political Theory And Separation Of Powers On The Burger And Rehnquist Courts, Eric R. Claeys
Progressive Political Theory And Separation Of Powers On The Burger And Rehnquist Courts, Eric R. Claeys
Constitutional Commentary
No abstract provided.
Interpreting The Sixteenth Amendment (By Way Of The Direct-Tax Clauses), Erik M. Jensen
Interpreting The Sixteenth Amendment (By Way Of The Direct-Tax Clauses), Erik M. Jensen
Constitutional Commentary
No abstract provided.
English Constitutionalism Circa 2005, Or, Some Funny Things Happened After The Revolution. Book Review Of: Public Law. By Adam Tomkins., Ernest A. Young
English Constitutionalism Circa 2005, Or, Some Funny Things Happened After The Revolution. Book Review Of: Public Law. By Adam Tomkins., Ernest A. Young
Constitutional Commentary
Book review: Public Law. By Adam Tomkins. Oxford: Clarendon Press, 2003. Pp. xx, 231. Reviewed by: Ernest A. Young
Jim Crow's Long Goodbye, Gabriel J. Chin
Jim Crow's Long Goodbye, Gabriel J. Chin
Constitutional Commentary
No abstract provided.
The Dark Side Of Grutter, Girardeau A. Spann
The Dark Side Of Grutter, Girardeau A. Spann
Constitutional Commentary
No abstract provided.
The Political Battle For The Constitution, H. W. Perry, L. A. Scot Powe
The Political Battle For The Constitution, H. W. Perry, L. A. Scot Powe
Constitutional Commentary
No abstract provided.