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1989

Faculty Scholarship

Discipline
Institution
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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 Jan 1989

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 Jan 1989

"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. Jan 1989

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 Jan 1989

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 Jan 1989

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 Jan 1989

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 Jan 1989

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 Jan 1989

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 Jan 1989

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 Jan 1989

Law Library Management: An Annotated Bibliography, Janet Sinder

Faculty Scholarship

No abstract provided.


Punishment: The Civil Perspective Of Punitive Damages, Bailey Kuklin Jan 1989

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 Jan 1989

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 Jan 1989

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 Jan 1989

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 Jan 1989

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 Jan 1989

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 Jan 1989

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 Jan 1989

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 Jan 1989

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 Jan 1989

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 Jan 1989

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 Jan 1989

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 Jan 1989

Aids And Government: A Plan Of Action, Taunya L. Banks

Faculty Scholarship

No abstract provided.


Child Support And Visitation: Rethinking The Connections, Karen Czapanskiy Jan 1989

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 Jan 1989

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 Jan 1989

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 Jan 1989

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 Jan 1989

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 Jan 1989

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 Jan 1989

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 …