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Articles 1 - 16 of 16
Full-Text Articles in Law
Professor Waller's Un-American Approach To Antitrust, Robert H. Lande
Professor Waller's Un-American Approach To Antitrust, Robert H. Lande
All Faculty Scholarship
Professor Waller asks an un-American question - what can the United States antitrust program learn from the rest of the world? This question is un-American because we in the United States rarely look to others for advice. Besides, we invented antitrust and we were practically alone in the world in enforcing antitrust for almost a century. Only during the current generation have many other nations had active and vigorous antitrust programs. Moreover, the United States is in the business of exporting our accumulated century of antitrust wisdom through a wide variety of methods, and we revel in playing this role. …
German Mdps: Lessons To Learn, Laurel Terry
German Mdps: Lessons To Learn, Laurel Terry
Faculty Scholarly Works
This article is the third of four major articles or book chapters that I have written about MDPs. This article focuses on German multidisciplinary partnerships (MDPs) between lawyers and accountants. The German MDP experience is important because Germany is one of the few jurisdictions that expressly permits MDPs and because conferences about World Trade Organization's General Agreement on Trade in Services (the GATS) have cited to Germany when suggesting that other countries' MDP bans may be unnecessarily restrictive. After introducing common MDP regulatory issues, this article focuses on Germany. The article explains Germany's current regulation of MDPs and provides a …
Salt History: Founding Of Salt, Jennifer Williamson, Michael Rooke-Ley
Salt History: Founding Of Salt, Jennifer Williamson, Michael Rooke-Ley
Founding of SALT
No abstract provided.
Of Law, Lawlessness, And Sovereignty : Multinational Peacekeeping And International Law, Antje Mays
Of Law, Lawlessness, And Sovereignty : Multinational Peacekeeping And International Law, Antje Mays
Dacus Library Faculty Publications
Laws of war have been carefully defined by individual nations’ own codes of law as well as by supranational bodies. Yet the international scene has seen an increasing movement away from traditionally declared war toward multinational peacekeeping missions geared at containing local conflicts when perceived as potential threats to their respective regions’ political stability. While individual nations’ laws governing warfare presuppose national sovereignty, the multinational nature of peacekeeping scenarios can blur the lines of command structures, soldiers’ national loyalties, occupational jurisdiction, and raise profound questions as to which countries’ moral sense/governmental system is to be the one upheld. Historically increasingly …
Looseleafing The Flow: An Anecdotal History Of One Technology For Updating, Howard T. Senzel
Looseleafing The Flow: An Anecdotal History Of One Technology For Updating, Howard T. Senzel
Faculty Publications
This work will show that there is a great gulf between the culture of lawmakers and the culture of those who comply. Lawmakers - legislators, administrators, and especially judges - function by producing primary authorities in law. The texts of these authorities are the law itself. Because they were created in the course of deciding actual cases - cases which produced insights to a truth of lasting value, these texts have an authority equal to all the other insights produced down through the ages. The excitement that accompanies such insights tends to blind lawmakers to the chore of compliance. Those …
The Voices In The Making And Unmaking Of History: Arnold Bennett, Marie Corelli, And Single Women In Late Victorian England, Sharon Crozier
The Voices In The Making And Unmaking Of History: Arnold Bennett, Marie Corelli, And Single Women In Late Victorian England, Sharon Crozier
Faculty of Law, Humanities and the Arts - Papers (Archive)
Historians are continually constructing and reconstructing, making and remaking history. Present-day preoccupations offer the historian new questions to ask and new directions to take and such an opening up of relatively unexplored areas of study has also led to the search for, and finding of, new sources to analyse. This is especially so in the branches of social history referred to as 'the history of mentalities' and 'cultural history'.
Banking Regulation: Its History And Future, Jerry W. Markham
Banking Regulation: Its History And Future, Jerry W. Markham
Faculty Publications
This article traces the history of the growth and regulation of banking services in the United States. That history will show how the existing regulatory structure was developed in response to demands of the Civil War and a populist crusade against the “money trust.” That effort reached its zenith with the New Deal legislation of the 1930s, but began to fall apart as financial services consolidated. The article will then show how the financial services industries (banking, insurance, securities and derivatives) began to merge in their product base while at the same time separating on a fault line between institutional …
Cardozo The [Small R] Realist, Richard D. Friedman
Cardozo The [Small R] Realist, Richard D. Friedman
Reviews
In Part I of this Review, I will discuss aspects of Cardozo's life and character. In Part II, I will discuss Cardozo's jurisprudential theory as revealed in his lectures and essays. In Part IlI, I will suggest how we gain a better perspective on his judicial opinions by understanding not only that theory but also the man and his life.
Tocqueville’S Aristocracy In Minnesota, Paul D. Carrington
Tocqueville’S Aristocracy In Minnesota, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Amatory Jurisprudence And The Querelle Des Lois, Peter Goodrich
Amatory Jurisprudence And The Querelle Des Lois, Peter Goodrich
Articles
It is my view, and here, no doubt, I am pre-empting my conclusion, that what literary and feminist historicism recognizes as the querelle des femmes, the debate as to the status and political role of women, is in fact underpinned and motivated by a much less explicit, yet nonetheless portentous, querelle des lois. The querelle des femmes, in other words, was always a polemic as to the legal status of women, as to their definition and role in theology and jurisprudence, canon and civil law. More than that, however, what the recovery of amatory jurisprudence can help to show is …
Land Use, Science, And Spirituality: The Search For A True And Lasting Relationship With The Land, Charles Wilkinson
Land Use, Science, And Spirituality: The Search For A True And Lasting Relationship With The Land, Charles Wilkinson
Publications
No abstract provided.
Linking The Visions, Thomas A. Green
Linking The Visions, Thomas A. Green
Other Publications
Professor Thomas Green talks about his teaching and work.
In Praise Of Thermostats, John W. Reed
In Praise Of Thermostats, John W. Reed
Other Publications
Fifty years ago, a famous book was published that chronicled the sea change then occurring in society. David Reisman's The Lonely Crowdl made us aware of the decline of concern for the common good and the rise of the search for individual meaning. What was going on at that time was one of the most profound cultural changes that has ever taken place in such a short time. It was not just the beginning of the Me Generation but, it turned out, the beginning of the Me Culture, which continues to this day.
The Suggestibility Of Children: Scientific Research And Legal Implications, Stephen J. Ceci, Richard D. Friedman
The Suggestibility Of Children: Scientific Research And Legal Implications, Stephen J. Ceci, Richard D. Friedman
Articles
In this Article, Professors Ceci and Friedman analyze psychological studies on children's suggestibility and find a broad consensus that young children are suggestible to a significant degree. Studies confirm that interviewers commonly use suggestive interviewing techniques that exacerbate this suggestibility, creating a significant risk in some forensic contexts-notably but not exclusively those of suspected child abuse-that children will make false assertions of fact. Professors Ceci and Friedman address the implications of this difficulty for the legal system and respond to Professor Lyon's criticism of this view recently articulated in the Cornell Law Review. Using Bayesian probability theory, Professors Ceci and …
"Can (Did) Congress 'Overrule' Miranda?, Yale Kamisar
"Can (Did) Congress 'Overrule' Miranda?, Yale Kamisar
Articles
I think the great majority of judges, lawyers, and law professors would have concurred in Judge Friendly's remarks when he made them thirty-three years ago. To put it another way, I believe few would have had much confidence in the constitutionality of an anti-Miranda provision, usually known as § 3501 because of its designation under Title 18 of the United States Code, a provision of Title II of the Omnibus Crime Control and Safe Streets Act of 1968 (hereinafter referred to as the Crime Act or the Crime Bill), when that legislation was signed by the president on June 19, …
The Usury Trompe L'Oeil, James J. White
The Usury Trompe L'Oeil, James J. White
Articles
This Article demonstrates how the interaction of a federal statute passed in 1864,1 a case decided by the Supreme Court in 1978,2 and modem technology has legally debarred every state legislature from controlling consumer interest rates in its state-but not from passing laws that appear to do so-and has politically debarred the Congress from setting federal rates to replace the state rates. As a consequence, the elaborate usury laws on the books of most states are only a trompe l'oeil, a "visual deception... rendered in extremely fine detail ... ." The presence of these finely detailed laws gives the illusion …