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Articles 1 - 30 of 53
Full-Text Articles in Law
Toward An Expanded View Of The Due Process Claim In Entrapment Cases, Paul Marcus
Toward An Expanded View Of The Due Process Claim In Entrapment Cases, Paul Marcus
Faculty Publications
No abstract provided.
The Establishment Clause As A Structural Restraint On Governmental Power, Carl H. Esbeck
The Establishment Clause As A Structural Restraint On Governmental Power, Carl H. Esbeck
Faculty Publications
This Article inquires into whether the singular purpose of the Establishment Clause is to secure individual rights, as is conventionally believed, or whether its role is more properly understood as a structural restraint on governmental power. If the Clause is indeed structural in nature, then its task is to negate from the purview of civil governance all matters “respecting an establishment of religion.” Conceptualizing the role of the Establishment Clause as either rights-securing or structural has profound consequences for the nation's constitutional settlement concerning the interrelationship of government and religion.
The Art Of Regulation Drafting: Structured Discretionary Justice Under Section 355, John W. Lee
The Art Of Regulation Drafting: Structured Discretionary Justice Under Section 355, John W. Lee
Faculty Publications
This article analyzes the 35-year evolution of the section 355 regulations from the perspectives of the jurisprudential dichotomy between general principles and detailed rules and administrative law theory as to agency discretion.
Challenging Discriminatory Guesswork: Does Impact Analysis Apply, Michael A. Middleton
Challenging Discriminatory Guesswork: Does Impact Analysis Apply, Michael A. Middleton
Faculty Publications
This article initially examines the traditional theories of proof in Title VII cases. It then discusses approaches by lower courts in resolving the competing concerns raised in applying those traditional theories in challenges to subjective selection devices. This article next discusses the Supreme Court's resolution of the problem in Watson and suggests a workable alternative resolution that will not undermine the broad prophylactic purposes of Title VII.
Policing Hot Pursuits: The Discovery Of Aleatory Elements, Geoffrey P. Alpert, Roger G. Dunham
Policing Hot Pursuits: The Discovery Of Aleatory Elements, Geoffrey P. Alpert, Roger G. Dunham
Faculty Publications
No abstract provided.
Conservation At The Crossroads: Reauthorization Of The 1985 Farm Bill Conservation Provisions, Linda A. Malone
Conservation At The Crossroads: Reauthorization Of The 1985 Farm Bill Conservation Provisions, Linda A. Malone
Faculty Publications
No abstract provided.
The Moral Foundations Of Punitive Damages, David G. Owen
The Moral Foundations Of Punitive Damages, David G. Owen
Faculty Publications
No abstract provided.
Problematic Standards Of Reasonableness: Qualified Immunity In Section 1983 Actions For A Police Officer's Use Of Excessive Force, Kathryn R. Urbonya
Problematic Standards Of Reasonableness: Qualified Immunity In Section 1983 Actions For A Police Officer's Use Of Excessive Force, Kathryn R. Urbonya
Faculty Publications
No abstract provided.
Emotional Distress, The First Amendment, And This Kind Of Speech: A Heretical Perspective On Hustler Magazine V. Falwell, Paul A. Lebel
Emotional Distress, The First Amendment, And This Kind Of Speech: A Heretical Perspective On Hustler Magazine V. Falwell, Paul A. Lebel
Faculty Publications
No abstract provided.
Goodness And Humanness: Distinguishing Traits, James E. Moliterno
Goodness And Humanness: Distinguishing Traits, James E. Moliterno
Faculty Publications
No abstract provided.
“The Right Of The People To Be Secure. . .”: Toward A Metatheory Of The Fourth Amendment, Thomas E. Baker
“The Right Of The People To Be Secure. . .”: Toward A Metatheory Of The Fourth Amendment, Thomas E. Baker
Faculty Publications
No abstract provided.
A Law Student’S Responsibility For A Liberal Education, Thomas E. Baker
A Law Student’S Responsibility For A Liberal Education, Thomas E. Baker
Faculty Publications
No abstract provided.
The Case Against The Constitutionally Compelled Free Exercise Exemption, William P. Marshall
The Case Against The Constitutionally Compelled Free Exercise Exemption, William P. Marshall
Faculty Publications
No abstract provided.
Killing Daddy: Developing A Self-Defense Strategy For The Abused Child, Joelle A. Moreno
Killing Daddy: Developing A Self-Defense Strategy For The Abused Child, Joelle A. Moreno
Faculty Publications
No abstract provided.
The State's Interest In The Preservation Of Life: From Quinlan To Cruzan, Philip G. Peters Jr.
The State's Interest In The Preservation Of Life: From Quinlan To Cruzan, Philip G. Peters Jr.
Faculty Publications
This article considers the kinds of limits on withholding that each of these policies might plausibly support, compares these limits to the judicial approaches taken in the refusal of treatment cases, and explores how apparent conflicts between these state goals and the interests of the patients might be resolved. Because this article focuses exclusively on the state's interests, however, it necessarily isolates and considers only one portion of a complex problem involving the interests of patients, families, providers, and others. No comprehensive examination of the nature and weight of the patient's interests or those of other involved parties is attempted. …
New Developments In Kansas Insurance Law, Robert H. Jerry Ii
New Developments In Kansas Insurance Law, Robert H. Jerry Ii
Faculty Publications
Since 1959 the Kansas Law Review has encouraged commentary on recent developments in Kansas insurance law. This article continues this tradition, examining developments that have occurred during the last five years.
When Can A Grievance Arbitrator Apply Outside Law?, Jay E. Grenig
When Can A Grievance Arbitrator Apply Outside Law?, Jay E. Grenig
Faculty Publications
No abstract provided.
Rhetoric And Retrenchment: Agrarian Ideology And American Bankruptcy Law, David Ray Papke
Rhetoric And Retrenchment: Agrarian Ideology And American Bankruptcy Law, David Ray Papke
Faculty Publications
No abstract provided.
Who Is Entitled To Subsidized Early Retirement Benefits When A Pension Plan Is Terminated?, Jay E. Grenig
Who Is Entitled To Subsidized Early Retirement Benefits When A Pension Plan Is Terminated?, Jay E. Grenig
Faculty Publications
No abstract provided.
May A Federal Employee Sue A Union In Federal Court For Breach Of The Duty Of Fair Representation?, Jay E. Grenig
May A Federal Employee Sue A Union In Federal Court For Breach Of The Duty Of Fair Representation?, Jay E. Grenig
Faculty Publications
No abstract provided.
Must A Railroad Bargain With Its Employees Before Selling Its Rail Lines?, Jay E. Grenig
Must A Railroad Bargain With Its Employees Before Selling Its Rail Lines?, Jay E. Grenig
Faculty Publications
No abstract provided.
Can Indirect Purchasers Recover Damages Under State Antitrust Laws?, Ramon A. Klitzke
Can Indirect Purchasers Recover Damages Under State Antitrust Laws?, Ramon A. Klitzke
Faculty Publications
No abstract provided.
Who Pays For The Iran-United States Claims Tribunal?, Michael Peter Waxman
Who Pays For The Iran-United States Claims Tribunal?, Michael Peter Waxman
Faculty Publications
No abstract provided.
Are Bribes Of Foreign Officials Precluded From Judicial Review?, Michael Peter Waxman
Are Bribes Of Foreign Officials Precluded From Judicial Review?, Michael Peter Waxman
Faculty Publications
No abstract provided.
Closing The Circle Of Constitutional Review From Griswold V. Connecticut To Roe V. Wade: An Outline Of A Decision Merely Overruling Roe, William W. Van Alstyne
Closing The Circle Of Constitutional Review From Griswold V. Connecticut To Roe V. Wade: An Outline Of A Decision Merely Overruling Roe, William W. Van Alstyne
Faculty Publications
No abstract provided.
Franchising In Mainland China, Anna M. Han, Christopher Oechsli
Franchising In Mainland China, Anna M. Han, Christopher Oechsli
Faculty Publications
No abstract provided.
What Hath Patterson Wrought? A Study In The Failure To Understand The Employment Contract, Mack Player
What Hath Patterson Wrought? A Study In The Failure To Understand The Employment Contract, Mack Player
Faculty Publications
No abstract provided.
Constitutional Interpretation: Defining Liberty Under The Constitution, David D. Friedman
Constitutional Interpretation: Defining Liberty Under The Constitution, David D. Friedman
Faculty Publications
No abstract provided.
Diagnosing Posttenure Slump Syndrome: A Guide To The Aging Of Law Professors, Paul A. Lebel
Diagnosing Posttenure Slump Syndrome: A Guide To The Aging Of Law Professors, Paul A. Lebel
Faculty Publications
No abstract provided.
Am I My Borrower's Keeper?, Kerry L. Macintosh
Am I My Borrower's Keeper?, Kerry L. Macintosh
Faculty Publications
Suppose a lender is asked to make a substantial loan to a prospective borrower. The lender possesses information indicating that the borrower will use the loan proceeds to finance an activity that, although legitimate on its face, is conducted in violation of regulatory provisions. Nevertheless, the lender makes the loan because it promises to be profitable. Later the borrower defaults, and the lender goes to court to enforce the debt and realize on its security interest in the borrower's property. There, the borrower raises the regulatory violations as a defense. Imagine the lender's consternation, and probable response: "What business is …