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Articles 1 - 30 of 187
Full-Text Articles in Law
Once Is Enough: A Proposed Bar Of The Injured Employee's Cause Of Action Against A Third Party, Philip D. Oliver
Once Is Enough: A Proposed Bar Of The Injured Employee's Cause Of Action Against A Third Party, Philip D. Oliver
Faculty Scholarship
No abstract provided.
A Critical Approach To Section 1983 With Special Attention To Sources Of Law, Jack M. Beermann
A Critical Approach To Section 1983 With Special Attention To Sources Of Law, Jack M. Beermann
Faculty Scholarship
The Civil Rights Act of 18711 ("§ 1983") establishes a tort-like remedy for persons deprived of federally protected rights "under color of law."'2 While the statute's broad language provides a remedy for violations of federal constitutional and statutory rights, the statute itself provides little or no guidance regarding important subjects such as the measure of damages, the availability of punitive damages, the requirements for equitable relief, the statute of limitations, survival of claims, proper parties, and immunities from suit.3...
...The first part of this article examines the narrowly "legal" analysis of § 1983 in the cases …
What Can Be Done About Stock Market Volatility, Tamar Frankel
What Can Be Done About Stock Market Volatility, Tamar Frankel
Faculty Scholarship
Volatility is as old as the financial markets. The bull market of 1986 and the crash that followed in 1987 were but the latest of periodic market gyrations that started with the South Sea Bubble and the Lombard Street run on commercial paper and have continued ever since.' Volatility in the financial markets would not be very important if market activity simply mirrored economic activity. Volatility would be much less important if the markets moved independently of the economy. But if we believe, as I do, that the markets and the economy are interdependent, and that their volatility is generally …
Shutting Down The Government, Alan L. Feld
Shutting Down The Government, Alan L. Feld
Faculty Scholarship
Actions of the federal government cost money. Legislative processes that specify the amounts and purposes of governmental expenditures control the scope and content of government actions.1 To paraphrase Chief Justice Marshall, the power to withhold spending involves the power to destroy.2
Those involved in the legislative process ordinarily do not engage in wholesale or sudden dismantling of government activities through unheralded failures to provide funds. While disputes over funding constitute a regular part of the nation's political activity, these controversies usually concern adjustments in the level of spending and of agency operations. A decision to terminate an agency …
Copyright Protection For Asic Gate Configurations: Plds, Custom And Semicustom Chips, Glynn S. Lunney Jr
Copyright Protection For Asic Gate Configurations: Plds, Custom And Semicustom Chips, Glynn S. Lunney Jr
Faculty Scholarship
Conventional wisdom holds that computer software and computer hardware require two different species of intellectual property protection. Software is thought best protected by copyright law, while hardware is thought best protected by patent law, trade secret law or the Semiconductor Chip Protection Act of 1984. Recent technological and legal developments blur software-hardware distinctions, as courts have extended copyright protection to object code, firmware and microcode, and patent protection to software. This note argues that the standard industry conceptions of hardware and software are inadequate to answer the legal question of what is copyrightable as a computer program. Furthermore, it considers …
The Continued Importance Of The Maryland Declaration Of Rights, William L. Reynolds
The Continued Importance Of The Maryland Declaration Of Rights, William L. Reynolds
Faculty Scholarship
An analysis of the origins and development of Maryland's 'Declaration of Rights.'
Market Share - A Tale Of Two Centuries, Aaron Twerski
Market Share - A Tale Of Two Centuries, Aaron Twerski
Faculty Scholarship
No abstract provided.
The Case Against All Encompassing Federal Mass Tort Legislation: Sacrifice Without Gain, Aaron Twerski, R. A. Sedler
The Case Against All Encompassing Federal Mass Tort Legislation: Sacrifice Without Gain, Aaron Twerski, R. A. Sedler
Faculty Scholarship
No abstract provided.
The Supreme Court Of Israel: Formative Years, 1948-1955, Pnina Lahav
The Supreme Court Of Israel: Formative Years, 1948-1955, Pnina Lahav
Faculty Scholarship
This article looks at the institutional and jurisprudential development of the Israeli Supreme Court in its early stages.
The Joint Tortfeasor Legislative Revolt: A Rational Response To The Critics, Aaron Twerski
The Joint Tortfeasor Legislative Revolt: A Rational Response To The Critics, Aaron Twerski
Faculty Scholarship
No abstract provided.
The Baby Swallowed The Bathwater: A Rejoinder To Professor Wright, Aaron Twerski
The Baby Swallowed The Bathwater: A Rejoinder To Professor Wright, Aaron Twerski
Faculty Scholarship
No abstract provided.
Baseline Questions In Legal Reasoning: The Example Of Property In Jobs, Jack M. Beermann, Joseph William Singer
Baseline Questions In Legal Reasoning: The Example Of Property In Jobs, Jack M. Beermann, Joseph William Singer
Faculty Scholarship
In what follows, we critique at-will employment by focusing on the baselines that underlie the analysis. Our ultimate goal is to develop persuasive arguments to move courts and businesses to provide greater job security for workers. One possible reason the courts have been so reluctant to change employment law is that judges analyze job security issues from the standpoint of a series of baselines which have the effect of creating a presumption against job security that is almost impossible to overcome. These baseline assumptions effectively place the burden of proof on advocates of job security.
Judges fail to recognize that …
Doctors And Lawyers And Wolves, George J. Annas
Doctors And Lawyers And Wolves, George J. Annas
Faculty Scholarship
Relations between lawyers and physicians, and therefore between law and medicine, are getting more and more destructive and counterproductive. It used to be a joke, but it's not funny anymore. We can't afford the continuing and escalating acrimony between our professions and it's time that we take constructive steps in the public interest to deal with it.
Conflicts Of Law (1989), Sharon N. Freytag, Don D. Bush, James Paul George
Conflicts Of Law (1989), Sharon N. Freytag, Don D. Bush, James Paul George
Faculty Scholarship
Conflicts of law occur when foreign elements appear in a lawsuit. Nonresident litigants, incidents in sister states or foreign countries, and lawsuits from other jurisdictions represent foreign elements that may create problems in judicial jurisdiction, choice of law, or recognition of foreign judgments, respectively. This Article reviews Texas conflicts of law during the Survey period from late 1987 through 1988. The survey includes cases from Texas state and federal courts. Excluded are cases involving federal state conflicts, criminal law, intrastate matters such as subject matter jurisdiction and venue, and conflicts in time, such as the applicability of prior or subsequent …
The Plessy Case: A Legal-Historical Interpretation, David D. Meyer
The Plessy Case: A Legal-Historical Interpretation, David D. Meyer
Faculty Scholarship
No abstract provided.
The Right To Forego Life-Sustaining Treatment: Legal Trends And Emerging Issues, Karen H. Rothenberg
The Right To Forego Life-Sustaining Treatment: Legal Trends And Emerging Issues, Karen H. Rothenberg
Faculty Scholarship
No abstract provided.
Caveat Auditor: The Rise Of Accountants' Liability, Gary S. Lawson
Caveat Auditor: The Rise Of Accountants' Liability, Gary S. Lawson
Faculty Scholarship
The revolution in liability law started with personal-injury claims, and many observers have imagined, or hoped, that it would remain confined to that uniquely emotional class of cases. Not so. According to a survey by the publication Inside Litigation, quoted in the May 18 Wall Street Journal, the biggest judgments are now coming in the type of contract and business cases where the complained-of injuries are financial. Among the professions sore beset by lawsuits at the moment is one that puts out a wholly intangible "product": accounting.
Introduction: Third Abraham L. Pomerantz Lecture: The First Amendment And Government Regulation Of Economic Markets, Roberta S. Karmel
Introduction: Third Abraham L. Pomerantz Lecture: The First Amendment And Government Regulation Of Economic Markets, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Under Advisement: Attorney Fee Forfeiture And The Supreme Court, Stacy Caplow
Under Advisement: Attorney Fee Forfeiture And The Supreme Court, Stacy Caplow
Faculty Scholarship
No abstract provided.
Practical Suggestions For Practicing Lawyers, Anita Bernstein
Practical Suggestions For Practicing Lawyers, Anita Bernstein
Faculty Scholarship
No abstract provided.
The Biotechnology Revolution And Its Regulatory Evolution, Diane E. Hoffmann
The Biotechnology Revolution And Its Regulatory Evolution, Diane E. Hoffmann
Faculty Scholarship
No abstract provided.
Recent Approaches To The Trade Or Business Requirement Of Section 174: Unauthorized Snow Removal, Daniel S. Goldberg
Recent Approaches To The Trade Or Business Requirement Of Section 174: Unauthorized Snow Removal, Daniel S. Goldberg
Faculty Scholarship
No abstract provided.
Corporate Risk Management And Risk Communication In The European Community And The United States, Michael S. Baram
Corporate Risk Management And Risk Communication In The European Community And The United States, Michael S. Baram
Faculty Scholarship
The responsibility of private firms to communicate hazard and risk information to government officials and persons at risk has emerged as one of the central features of corporate risk management in the European Community ("E.C.") and the United States ("U.S."). This function is commonly described as "risk communication."' In both the E.C. and the U.S., new legal requirements and public attitudes now promote corporate disclosure of hazard and risk information on an unprecedented scale.
Corporate risk management is a vast, complex field of activity that is largely unaddressed by commentators and unknown to the general public in both industrial societies. …
Equitable Access To Biomedical Advances: Getting Beyond The Rights Impasse, Wendy K. Mariner
Equitable Access To Biomedical Advances: Getting Beyond The Rights Impasse, Wendy K. Mariner
Faculty Scholarship
In 1988, gay rights activists and supporters demonstrated outside a Food and Drug Administration building demanding unrestricted access to experimental drugs being tested for the treatment of human immunodeficiency virus ("HIV") infection and acquired immunodeficiency syndrome ("AIDS").2 Across the ocean in France, in October of the same year, came an equally insistent demand from women's groups, scientists, and family planning agencies that the pharmaceutical company Groupe Roussel Uclaf put its abortifacient RU 486 back on the market.' Early in 1989, people were outraged when newspapers reported that New Hampshire's Medicaid program would not pay for a life-saving bone marrow …
Predicting The Future Of Privacy In Pregnancy: How Medical Technology Affects The Legal Rights Of Pregnant Women, George J. Annas
Predicting The Future Of Privacy In Pregnancy: How Medical Technology Affects The Legal Rights Of Pregnant Women, George J. Annas
Faculty Scholarship
The bodies of pregnant women are the battleground on which the campaign to define the right of privacy is fought. The ultimate outcome will likely be shaped at least as much by new medical technologies as by politics or moral persuasion. This is because medical technologies do much more than change what we can do: they can radically alter the way we think about ourselves. Technologies have the power to change "not only the relation of man to nature but of man to man."1 More than that, they can alter our very concept of what it means to be human, …
Health Law At The Turn Of The Century: From White Dwarf To Red Giant, George J. Annas
Health Law At The Turn Of The Century: From White Dwarf To Red Giant, George J. Annas
Faculty Scholarship
The evolution of stars is inexorable. From the form in which we currently view our own Sun, it and similar stars eventually expand as their exteriors cool to become red giants. When a red giant runs out of fuel, its exposed core will collapse to form a degenerate white dwarf and, eventually, a dead black dwarf.1 Health law, as a discipline worthy of our attention, seems to have an opposite trajectory: from black dwarf to white dwarf, it is now on its way to becoming a red giant. The relevance of health law and the reasons for its exponentially …
Rational Decisions And Regulation Of Union Entry, Keith N. Hylton, Maria O'Brien
Rational Decisions And Regulation Of Union Entry, Keith N. Hylton, Maria O'Brien
Faculty Scholarship
More than a decade after the publication of Law and Reality, the debate continues over the proper scope of election campaign regulation under the National Labor Relations Act (the "Act"). The issue has been whether employer efforts to dissuade employees from electing a union to represent them in collective bargaining actually influence the outcomes of elections. Several academic lawyers and social scientists have criticized one aspect or another of the Getman, Goldberg and Herman results (hereinafter the "Getman Study"), suggesting that many employer tactics have no effect on election outcomes, and that such tactics should not be regulated by …
Choosing Judges The Democratic Way, Larry Yackle
Choosing Judges The Democratic Way, Larry Yackle
Faculty Scholarship
A generation ago, the pressing question in constitutional law was the countermajoritarian difficulty.' Americans insisted their government was a democratic republic and took that to mean rule by a majority of elected representatives in various offices and bodies, federal and local. Yet courts whose members had not won election presumed to override the actions of executive and legislative officers who had. The conventional answer to this apparent paradox was the Constitution, which arguably owed its existence to the people directly. Judicial review was justified, accordingly, when court decisions were rooted firmly in the particular text, structure, or historical backdrop of …
Atari Games V. Nintendo: Does A Closed System Violate The Antitrust Laws, Glynn S. Lunney Jr
Atari Games V. Nintendo: Does A Closed System Violate The Antitrust Laws, Glynn S. Lunney Jr
Faculty Scholarship
As I rushed through the malls this past Christmas, I noticed a new store, one that would not have been possible just a few years ago. It was a Nintendo boutique. I was permitted only to gaze longingly at the games and accessories on display before being pulled away to shop for the things I would actually buy, but I thought it would be fun to return someday and purchase the system and perhaps a few cartridges and accessones.
So, I must admit that my perspective on the Atari v. Nintendo suits will not be that of an unaffected observer, …
Reconsidering Role Assumption In Clinical Education, Minna J. Kotkin
Reconsidering Role Assumption In Clinical Education, Minna J. Kotkin
Faculty Scholarship
No abstract provided.