Law Commons^™

The Fate Of Constitutional Ipse Dixits, William W. Van Alstyne

Faculty Publications

No abstract provided.

The Reporter's Privilege: An Analysis Of The Common Law, Branzberg V. Hayes , And Recent Statutory Developments, Paul Marcus

Faculty Publications

No abstract provided.

Refining The Lawmaking Function Of The Supreme Court, Frederick Schauer

Faculty Publications

No abstract provided.

Unexpired Leases In Bankruptcy: Rights Of The Affected Mortgagee, Peter A. Alces

Faculty Publications

No abstract provided.

Impressions Of A Not-So-Average Juror, Robert H. Jerry Ii

Faculty Publications

Direct observation of jury decision-making is impossible without tainting the quality of the observations, and perhaps the jury's decision itself. Another reason for the difficulty attorneys have in understanding how juries will respond to their efforts is lack of experience. Because attorneys rarely serve on juries, the typical attorney cannot converse with colleagues about personal observations of how juries decide cases.

It is probably fair to say that I am one of only a few lawyers who has served on a jury. My own recollections of my service may well be incomplete, skewed, and deficient. Generalizations from my recollections must …

State Regulation Of Christian Schools, Neal Devins

Faculty Publications

No abstract provided.

The Subchapter S Revision Act: An Analysis And Appraisal, Glenn E. Coven

Faculty Publications

No abstract provided.

Interpreting This Constitution: The Unhelpful Contributions Of Special Theories Of Judicial Review, William W. Van Alstyne

Faculty Publications

This paper examines several different theories surrounding judicial review and finds many of these theories lacking. Modern trends of literal interpretations and precise language have removed the optimistic nature of Constitutional language and is largely responsible for the hesitancy of other nations to adopt a supreme constitution.

The Relevance Of Fresh Investment To The Characterization Of Corporate Distributions And Adjustments, Glenn E. Coven

Faculty Publications

No abstract provided.

White Collar Crime: A Legal Overview, Paul Marcus

Faculty Publications

No abstract provided.

The Merchant Of Section 2-314: Who Needs Him?, Ingrid Michelsen Hillinger

Faculty Publications

No abstract provided.

The Hearsay Exception For Public Records In Federal Criminal Trials, Vincent C. Alexander

Faculty Publications

The hearsay exception for "public records" was recognized at common law and has been further developed in most jurisdictions by statute. The reliability of public records is said to derive from the presumption of regularity and accuracy that attends the recording of events by public officials. As with the hearsay exception for recordsmade in the regular course of a private business, the reliability of many public records is enhanced by the routine and repetitive circumstancesunder which such records are made. An additional justificationfor the admission of public records is public convenience: If government employees are continually required to testify in …

Retroactivity: A Study In Supreme Court Doctrine As Applied, John Bernard Corr

Faculty Publications

The judicial creation of a new rule of law raises the essential question whether that rule is to be applied retroactively orprospectively only. The consistency of the traditionalm andatoryr etroactivityr ule has given way to a more flexible retroactivity ana sis. The change occurred in 1965 when the Supreme Court in Linkletter v. Walker squarelfaced a rule that, if applied retroactively, would have affected thousands of criminal convictions. The Linkletter doctrine has since defined the contours of federal retroactivity ana sis to include three basic considerations: purpose of the rule in question, reliance by theparties on the rule, and effect …

Preface, Kathryn R. Urbonya

Faculty Publications

No abstract provided.

Transborder Data Flow: An Overview And Critique Of Recent Concerns, I. Trotter Hardy

Faculty Publications

No abstract provided.

The Efficacy Of Guaranty Contracts In Sophisticated Commercial Transactions, Peter A. Alces

Faculty Publications

Even though contracts of guaranty are not subject to uniform standards of interpretation throughout the states, both case law and statutory development have tended to evidence a strong sympathy for the guarantor. In spite of this trend, Professor Alces suggests that creditors' counsel can, through careful drafting, do much to assure the enforceability of the guaranty contract. A scrupulously structured guaranty contract, one that anticipates possible defenses to liability in explicit terms, may well be upheld, even in cases in which guarantors occupied weak negotiating positions vis-a-vis creditors. Moreover, the attack on the guaranty as a fraudulent conveyance under section …

The Availability Of A First Appearance And Preliminary Hearing - Now You See Them, Now You Don't, Linda A. Malone

Faculty Publications

No abstract provided.

“Taking” A Constitutional Look At The State Bar Of Texas Proposal To Collect Interest On Attorney-Client Trust Accounts, Thomas E. Baker, Robert E. Wood Jr.

Faculty Publications

No abstract provided.

Rape, Racism, And The Law, Jennifer Wriggins

Faculty Publications

The historical legacy of the racist social meaning of rape and the consequences of that legacy are the focus of this article. The article, written in 1983, analyzes the U.S. law of rape, its history, and its legacy, from a perspective that is both feminist and antiracist. It examines the intersections and interactions of race and gender subordination in the context of rape, particularly looking at race and gender issues involving African-Americans and whites. It describes how the legal system’s selective acknowledgement of rape has disproportionately targeted African-American men for punishment and made African-American women both particularly vulnerable and particularly …

A Primer On Precedent In The Eleventh Circuit, Thomas E. Baker

Faculty Publications

This article is the third and final article in a series of articles written by Professor Baker considering the problems of precedent created by the Fifth Circuit Court of Appeals Reorganization Act of 1980. The Act divided the former Fifth Circuit into two autonomous judicial circuits: the new Fifth Circuit, composed of the District of the Canal Zone, Louisiana, Mississippi, and Texas, and the new Eleventh Circuit, composed of Alabama, Florida, and Georgia. In this article, Professor Baker seeks to provide an introduction to how the new Eleventh Circuit has treated antecedent Fifth Circuit precedents. First, Professor Baker identifies and …

How Are You Going To Keep Them Down On The (Collective) Farm After They’Ve Seen Chicago?: A Minor’S Right To Political Asylum Against His Parents’ Wishes, Michael G. Hillinger

Faculty Publications

“Children’s rights” is a nebulous phrase subsuming two very different issues: the extent to which children can assert the same rights against the state as adults, and the extent to which the state can limit a parent’s power over his child. In cases involving the issue of children’s rights , the Supreme Court has defined those rights in a relatively restrictive fashion. On the one hand, the Supreme Court has recognized that children have constitutional rights independent of those enjoyed by their parents. On the other hand, it has frequently held those rights to be either less than those afforded …

Congressional Preemption Of Mortgage Due-On-Sale Law: An Analysis Of The Garn-St. Germain Act, Dale A. Whitman, Grant S. Nelson

Faculty Publications

We first describe the several major types of mortgagor transfer restrictions, and the judicial and legislative responses to these restrictions before the Act. Second, we analyze the effect and coverage of the important provisions of the Act and its attendant regulation. The complex exceptions to the application of the Act known as “window periods” are then considered. These window periods were created by Congress in an attempt to soften the impact of the Act on states that previously restricted due-on-sale enforcement, and are based on preexisting state law. We examine the difficult standards for identifying such window periods and suggest …

Administrative Law: Judicial Review - Preserver Of The Process, Michael P. Waxman

Faculty Publications

No abstract provided.

Tort And Insurance Law: How Times Have Changed!, James D. Ghiardi

Faculty Publications

No abstract provided.

Federal Product Legislation And Toxic Torts: The Defense Perspective, John J. Kircher

Faculty Publications

No abstract provided.

The Free Will-Determinism Debate And Social Work, Frederic G. Reamer

Faculty Publications

Social workers'judgments about the determinants of clients' problems have a substantial effect on practitioners' willingness to provide assistance. There is considerable variation in professionals' beliefs about the extent to which clients are themselves responsible for their difficulties, as opposed to factors that are beyond their control. This article examines the philosophical controversy known as the free will-determinism debate, and assesses its implications for the profession of social work.

Proof Of Disparate Treatment Under The Age Discrimination In Employment Act: Variations On A Title Vii Theme, Mack Player

Faculty Publications

No abstract provided.

The New California Exemptions In Bankruptcy: A Constitutional Reprise, Gary Neustadter

Faculty Publications

No abstract provided.

Making Sense Out Of The California Criminal Statute Of Limitations, Gerald F. Uelmen

Faculty Publications

No abstract provided.

Contribution And Claim Reduction In Antitrust Litigation: A Legislative Analysis, Donald J. Polden, E. Thomas Sullivan

Faculty Publications

No abstract provided.