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Articles 31 - 60 of 187
Full-Text Articles in Law
A Reconsideration Of Instream Appropriative Water Rights In California, Brian E. Gray
A Reconsideration Of Instream Appropriative Water Rights In California, Brian E. Gray
Faculty Scholarship
No abstract provided.
"In Search Of Bigfoot": The Common Law Origins Of Article X, Section 2 Of The California Constitution, Brian E. Gray
"In Search Of Bigfoot": The Common Law Origins Of Article X, Section 2 Of The California Constitution, Brian E. Gray
Faculty Scholarship
No abstract provided.
Discovery Vices And Trans-Substantive Virtues In The Federal Rules Of Civil Procedure, Geoffrey C. Hazard Jr.
Discovery Vices And Trans-Substantive Virtues In The Federal Rules Of Civil Procedure, Geoffrey C. Hazard Jr.
Faculty Scholarship
No abstract provided.
Life After Foley: The Future Of Wrongful Discharge Litigation, David Jung, Richard Harkness
Life After Foley: The Future Of Wrongful Discharge Litigation, David Jung, Richard Harkness
Faculty Scholarship
No abstract provided.
Northern District Of California Adopts Early Neutral Evaluation To Expedite Dispute Resolution, David I. Levine
Northern District Of California Adopts Early Neutral Evaluation To Expedite Dispute Resolution, David I. Levine
Faculty Scholarship
No abstract provided.
State Sovereignty And The Tenth And Eleventh Amendments, Calvin R. Massey
State Sovereignty And The Tenth And Eleventh Amendments, Calvin R. Massey
Faculty Scholarship
No abstract provided.
The United States, The United Nations, And Micronesia: Questions Of Procedure, Substance, And Faith, H.G. Prince
The United States, The United Nations, And Micronesia: Questions Of Procedure, Substance, And Faith, H.G. Prince
Faculty Scholarship
No abstract provided.
Abortion, Incommensurability, And Jurisprudence, Joan C. Williams
Abortion, Incommensurability, And Jurisprudence, Joan C. Williams
Faculty Scholarship
No abstract provided.
The Popular Image Of The American Lawyer: Some Thoughts On Its Eighteenth And Nineteenth Century Intellectual Bases, James W. Gordon
The Popular Image Of The American Lawyer: Some Thoughts On Its Eighteenth And Nineteenth Century Intellectual Bases, James W. Gordon
Faculty Scholarship
This essay explores the ambiguous position lawyers occupy in the popular mind in America by identifying some of the ideas which contributed to the schizophrenic popular attitude toward the legal profession in the period between the American Revolution and the Civil War. Many of the stock anti-lawyer themes and many of the intellectual sources of the profession's strength are clearly visible by the end of this period. The Author explores this problem, first by relating it to recent scholarship in American history describing the struggle between republicanism and liberalism at the time of the Founding. The way the profession was …
Law Library Management: An Annotated Bibliography, Janet Sinder
Law Library Management: An Annotated Bibliography, Janet Sinder
Faculty Scholarship
No abstract provided.
Punishment: The Civil Perspective Of Punitive Damages, Bailey Kuklin
Punishment: The Civil Perspective Of Punitive Damages, Bailey Kuklin
Faculty Scholarship
No abstract provided.
Restricting The Flow Of Asylum-Seekers In Belgium, Denmark, The Federal Republic Of Germany, And The Netherlands: New Challenges To The Geneva Convention Relating To The Status Of Refugees And The European Convention On Human Rights, Maryellen Fullerton
Faculty Scholarship
No abstract provided.
Beyond Parity: Section 1983 And The State Courts, Susan Herman
Beyond Parity: Section 1983 And The State Courts, Susan Herman
Faculty Scholarship
No abstract provided.
Integration Of Professional Skills Into The Law School Curriculum: Where We've Been And Where We're Going, Elizabeth M. Schneider
Integration Of Professional Skills Into The Law School Curriculum: Where We've Been And Where We're Going, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Autopsy Of A Murder: Using Simulation To Teach First Year Criminal Law, Stacy Caplow
Autopsy Of A Murder: Using Simulation To Teach First Year Criminal Law, Stacy Caplow
Faculty Scholarship
No abstract provided.
Consolidating The Preliminary Injunction Hearing And Trial: Changing The Rules In The Middle Of The Game, Arthur D. Wolf
Consolidating The Preliminary Injunction Hearing And Trial: Changing The Rules In The Middle Of The Game, Arthur D. Wolf
Faculty Scholarship
In this Article the Author addresses the issues surrounding consolidation, the situation that arises when a court decides the merits of a dispute based solely on the record produced at a hearing on motion for a preliminary injunction. The Author identifies some of the more flagrant abuses that trial and appellate courts have committed in reaching the merits after only a hearing on a motion for preliminary relief. The proposed amendments discussed in the Article would serve both courts and parties. They would prevent the kind of abuses discussed in this article by requiring that the parties be informed of …
The Semiconductor Chip Protection Act And Its Impact On The International Protection Of Chip Designs, Jay Erstling
The Semiconductor Chip Protection Act And Its Impact On The International Protection Of Chip Designs, Jay Erstling
Faculty Scholarship
The United States Semiconductor Chip Protection Act of 1984 (“SCPA”') has already had a profound impact on the creation of foreign legal systems of chip protection. The allure of reciprocity under the SCPA has motivated a host of nations, including Japan, the Member States of the European Communities (“EC”'), Sweden, Finland, Canada, Australia, and Switzerland, to adopt or consider adopting chip protection legislation. The SCPA has also been the impetus for multilateral discussions within the World Intellectual Property Organization (“WIPO”') and the General Agreement on Tariffs and Trade (“GATT”') to establish an international standard of chip protection. The result has …
Free Speech And Private Law In German Constitutional Theory, Peter E. Quint
Free Speech And Private Law In German Constitutional Theory, Peter E. Quint
Faculty Scholarship
No abstract provided.
Introduction To The Food Stamp Program, David A. Super
Introduction To The Food Stamp Program, David A. Super
Faculty Scholarship
No abstract provided.
The First Integration Of The University Of Maryland School Of Law, David S. Bogen
The First Integration Of The University Of Maryland School Of Law, David S. Bogen
Faculty Scholarship
No abstract provided.
Divorce Reform And Gender Justice, Jana B. Singer
Divorce Reform And Gender Justice, Jana B. Singer
Faculty Scholarship
The modern shift from fault-based to no-fault divorce has disappointed those who expected the no-fault system to eliminate economic inequality between divorced women and men. The fact that women and their dependent children invariably experience economic hardship after a divorce has caused Lenore Weitzman and other commentators to romanticize the "good old days" of fault-based divorce. Professor Singer attacks the logic of this nostalgia by demonstrating that women were 'not[' better off under the fault-based system. She then proposes an investment partnership model of post-divorce allocation which would insure a fair result for both spouses.
The Advent Of Zoning, Garrett Power
The Advent Of Zoning, Garrett Power
Faculty Scholarship
This essay looks at some of the lawyers and judges who were instrumental in the enactment and judicial approval of American zoning laws.
Aids And Government: A Plan Of Action, Taunya L. Banks
Aids And Government: A Plan Of Action, Taunya L. Banks
Faculty Scholarship
No abstract provided.
Child Support And Visitation: Rethinking The Connections, Karen Czapanskiy
Child Support And Visitation: Rethinking The Connections, Karen Czapanskiy
Faculty Scholarship
No abstract provided.
What Are Professional Skills And Why Should Law Schools Teach Them?, Donald G. Gifford
What Are Professional Skills And Why Should Law Schools Teach Them?, Donald G. Gifford
Faculty Scholarship
No abstract provided.
Performance Obligations Of The Aggrieved Contractant: The French Experience, Edward A. Tomlinson
Performance Obligations Of The Aggrieved Contractant: The French Experience, Edward A. Tomlinson
Faculty Scholarship
No abstract provided.
Ethos And Conscience—A Rejoinder, Daniel S. Kleinberger
Ethos And Conscience—A Rejoinder, Daniel S. Kleinberger
Faculty Scholarship
In “Wanted: An Ethos of Personal Responsibility,” Professor Kleinberger sought to prompt debate about the moral preconceptions of the legal profession. Professor Morawetz responded in his essay, “Layers and Conscience.” This article responds, commenting on Morawetz’s arguments that (1) excessive pessimism about lawyer morality is unfounded and counterproductive; (2) the public’s antipathy toward lawyers is inevitable given the role lawyers play in our society; (3) codes of ethics can and do have an uplifting influence on the morals of lawyers; and (4) law schools can and do train moral judgment.
Wanted: An Ethos Of Personal Responsibility—Why Codes Of Ethics And Schools Of Law Don't Make For Ethical Lawyers, Daniel S. Kleinberger
Wanted: An Ethos Of Personal Responsibility—Why Codes Of Ethics And Schools Of Law Don't Make For Ethical Lawyers, Daniel S. Kleinberger
Faculty Scholarship
This article: (1) argues that neither codes of professional ethics nor traditional modes of law school teaching do much to produce ethical lawyers; (2) asserts that ethics codes and the presuppositions of the adversary system work to alienate lawyers from a sense of individual responsibility; (3) critiques the conceptual connection between the adversary system and codes of lawyer ethics; (4) critiques the conventional approach to teaching legal ethics in law schools; (5) invokes the approach to ethical analysis championed by the German sociologist and social theorist Max Weber; and (6) explains how that approach, coupled with traditional tools of legal …
Feeding The Permanently Unconscious And Terminally Ill Or Dying Is Not Always Compassion, Phebe Saunders Haugen
Feeding The Permanently Unconscious And Terminally Ill Or Dying Is Not Always Compassion, Phebe Saunders Haugen
Faculty Scholarship
A surrogate decision maker may conclude that efforts to mechanically provide liquid nourishment would cause considerable suffering in return for little gain. But such a decision is unquestionably one that can produce great conflict for families and for medical caregivers. Assessment must be made of each patient's situation and of the benefits and burdens that will result if tube feeding is withheld or withdrawn. It may well be, however, that in some cases, the most humane and compassionate treatment for a patient is the withdrawal of all technological interventions, including those that supply nourishment.
Joint And Several Liability Minnesota Style, Michael K. Steenson
Joint And Several Liability Minnesota Style, Michael K. Steenson
Faculty Scholarship
This article examines the rule of joint and several liability as it was adopted, modified, and applied in Minnesota circa 1989. The article first examines the judicial origins and applications of the rule in Minnesota. It then analyzes the impact of the comparative negligence and fault legislation on the rule of joint and several liability, including the limitations imposed on the rule in 1978, 1986, and 1988. Finally, it makes some suggestions for interpreting joint and several liability legislation that are consistent with the legislative history of the legislation as well as with Minnesota Supreme Court decisions concerning aggregation under …