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Articles 1 - 30 of 61
Full-Text Articles in Law
A Rational Choice Theory Of Supreme Court Statutory Decisions With Applications To The State Farm And Grove City Cases, Rafael Gely, Pablo T. Spiller
A Rational Choice Theory Of Supreme Court Statutory Decisions With Applications To The State Farm And Grove City Cases, Rafael Gely, Pablo T. Spiller
Faculty Publications
In this article we follow the recent developments of the modern theory of administrative agencies, by developing a rational choice theory of the Supreme Court. Our framework combines two of the main characteristics of this literature: namely, the rational choice modeling strategy with the notion that institutions matter in the design of public policy. We differ basically by modeling the Supreme Court as a self-interested, ideologically motivated institution, making its decisions subject not to the traditional legal rules of precedent, but to the constraints arising from the political interests of other institutions of government-namely, Congress and the President.
Products Liability: Principles Of Justice For The 21st Century, David G. Owen
Products Liability: Principles Of Justice For The 21st Century, David G. Owen
Faculty Publications
No abstract provided.
A Judicial Postscript On The Church-State Debates Of 1989: How Porous The Wall, How Civil The State?, William W. Van Alstyne
A Judicial Postscript On The Church-State Debates Of 1989: How Porous The Wall, How Civil The State?, William W. Van Alstyne
Faculty Publications
This work is a continuation of the debate regarding the Establishment Clause. The focus lies with Justice O’Connor’s concurrence in County of Allegheny v. ACLU and how this opinion harkens back to a concept shared by Jefferson and Madison, that the establishment clause is designed to prevent government favoritism.
The Military Rules Of Evidence: Origins And Judicial Implementation, Fredric I. Lederer
The Military Rules Of Evidence: Origins And Judicial Implementation, Fredric I. Lederer
Faculty Publications
No abstract provided.
Shareholder Access To The Proxy Revisited, Jayne W. Barnard
Shareholder Access To The Proxy Revisited, Jayne W. Barnard
Faculty Publications
No abstract provided.
The Secret Of Success: The Small-Section First-Year Skills Offering And Its Relationship To Independent Thinking, James E. Moliterno
The Secret Of Success: The Small-Section First-Year Skills Offering And Its Relationship To Independent Thinking, James E. Moliterno
Faculty Publications
No abstract provided.
Statutory Personal Property Lease Law In Alabama, Peter A. Alces, P. Cade Newman
Statutory Personal Property Lease Law In Alabama, Peter A. Alces, P. Cade Newman
Faculty Publications
No abstract provided.
Academic Freedom, Hate Speech, And The Idea Of A University, Rodney A. Smolla
Academic Freedom, Hate Speech, And The Idea Of A University, Rodney A. Smolla
Faculty Publications
No abstract provided.
Foreword: Freedom And Tenure In The Academy: The Fiftieth Anniversary Of The 1940 Statement Of Principles, William W. Van Alstyne
Foreword: Freedom And Tenure In The Academy: The Fiftieth Anniversary Of The 1940 Statement Of Principles, William W. Van Alstyne
Faculty Publications
This forward comments on the shared anniversary of the Bill of Rights and several declarations of academic freedom. Several of the preceding articles are intended to discuss academic freedom and the need for its protection in the U.S.
Academic Freedom And The First Amendment In The Supreme Court Of The United States: An Unhurried Historical Review, William W. Van Alstyne
Academic Freedom And The First Amendment In The Supreme Court Of The United States: An Unhurried Historical Review, William W. Van Alstyne
Faculty Publications
No abstract provided.
Federal And State Water Quality Regulation And Law In Missouri, Peter N. Davis
Federal And State Water Quality Regulation And Law In Missouri, Peter N. Davis
Faculty Publications
This article discusses that law in two parts. The first part examines the federal and Missouri waste discharge regulatory system. The second part analyzes common law rights and remedies related to water pollution.
Project Clear's Paper Choice: A Hypertext System For Giving Advice About Legal Research, I. Trotter Hardy
Project Clear's Paper Choice: A Hypertext System For Giving Advice About Legal Research, I. Trotter Hardy
Faculty Publications
Project CLEAR-Computers in Legal Education: Assistance with Research-applies computer techniques to teaching and advising students about legal research. "Hypertext" is a software technique appropriate both for creating information structures that users can browse through, and for creating question-and-answer decision trees that provide specific advice to users. These two hypertext techniques have been put together in Project CLEAR's Paper Choice, a computer program that provides knowledge and gives advice to law students about legal research.
Environmental Water Rights: An Evolving Concept Of Public Property, Lynda L. Butler
Environmental Water Rights: An Evolving Concept Of Public Property, Lynda L. Butler
Faculty Publications
No abstract provided.
Cooperative Failure: An Analysis Of Intergovernmental Relationships And The Problem Of Air Quality Non-Attainment, Ronald H. Rosenberg
Cooperative Failure: An Analysis Of Intergovernmental Relationships And The Problem Of Air Quality Non-Attainment, Ronald H. Rosenberg
Faculty Publications
No abstract provided.
The Confluence Of Bulk Transfer And Fraudulent Disposition Law, Peter A. Alces
The Confluence Of Bulk Transfer And Fraudulent Disposition Law, Peter A. Alces
Faculty Publications
No abstract provided.
The Necessary Interrelationship Between Land Use And Preservation Of Groundwater Resources, Linda A. Malone
The Necessary Interrelationship Between Land Use And Preservation Of Groundwater Resources, Linda A. Malone
Faculty Publications
No abstract provided.
Editor's Comments, Charles H. Koch Jr.
Inadvertent Waiver Of The Attorney-Client Privilege By Disclosure Of Documents: An Economic Analysis, Alan J. Meese
Inadvertent Waiver Of The Attorney-Client Privilege By Disclosure Of Documents: An Economic Analysis, Alan J. Meese
Faculty Publications
No abstract provided.
Rethinking First Amendment Assumptions About Racist And Sexist Speech, Rodney A. Smolla
Rethinking First Amendment Assumptions About Racist And Sexist Speech, Rodney A. Smolla
Faculty Publications
No abstract provided.
Teaching Legal Ethics In A Program Of Comprehensive Skills Development, James E. Moliterno
Teaching Legal Ethics In A Program Of Comprehensive Skills Development, James E. Moliterno
Faculty Publications
No abstract provided.
The Eleventh Amendment, Process Federalism And The Clear Statement Rule, William P. Marshall
The Eleventh Amendment, Process Federalism And The Clear Statement Rule, William P. Marshall
Faculty Publications
No abstract provided.
The Costs Of Settlement: The Impact Of Scarcity Of Adjudication On Litigating Lawyers, Kevin C. Mcmunigal
The Costs Of Settlement: The Impact Of Scarcity Of Adjudication On Litigating Lawyers, Kevin C. Mcmunigal
Faculty Publications
This Article, by comparison, focuses on the implications of lack of trial experience for litigating lawyers. Does lack of trial experience affect the way lawyers function in litigation? Does it influence their performance as advocates? As negotiators settling cases? Does it affect adherence to existing ethical standards such as those regarding competence and conflict of interest? Can one expect lawyers to understand, respect, and adhere to the values of an ethical and legal system premised, as ours is, upon a process of adjudication lawyers seldom, if ever, experience? Do the answers to these questions yield any insight for guiding reform …
Emergency In The Constitutional Law Of The United States, William B. Fisch
Emergency In The Constitutional Law Of The United States, William B. Fisch
Faculty Publications
In the following report I shall concentrate on the law as pronounced by the United States Supreme Court, which has, within the sphere of judicial competence, the last say on the interpretation of the Constitution. The volume of significant litigation on the subject which stops below the Supreme Court has been relatively light, and the constitutional law declared by the lower courts has played a less significant role than is the case in many other issues. Indeed, as we shall see, the Supreme Court itself has had less to say on the topic than might be hoped for. I shall …
Family Support Of The Disabled: A Legislative Proposal To Create Incentives To Support Disabled Family Members, Judith G. Mcmullen
Family Support Of The Disabled: A Legislative Proposal To Create Incentives To Support Disabled Family Members, Judith G. Mcmullen
Faculty Publications
No abstract provided.
Governmental Drug Testing: Critique And Analysis Of Fourth Amendment Jurisprudence, Phoebe Weaver Williams
Governmental Drug Testing: Critique And Analysis Of Fourth Amendment Jurisprudence, Phoebe Weaver Williams
Faculty Publications
No abstract provided.
Discharge As Denouement: Appreciating The Storytelling Of Appellate Opinions, David Ray Papke
Discharge As Denouement: Appreciating The Storytelling Of Appellate Opinions, David Ray Papke
Faculty Publications
No abstract provided.
Legitimizing Realities: State-Based Bar Admission, National Standards, And Multistate Practice, Michael K. Mcchrystal
Legitimizing Realities: State-Based Bar Admission, National Standards, And Multistate Practice, Michael K. Mcchrystal
Faculty Publications
No abstract provided.
Is A Union Official Who Has Been Convicted Of Embezzling Union Funds Entitled To Collect His Pension Benefits?, Jay E. Grenig
Is A Union Official Who Has Been Convicted Of Embezzling Union Funds Entitled To Collect His Pension Benefits?, Jay E. Grenig
Faculty Publications
No abstract provided.
Must A Federal Agency Negotiate With Its Employees' Union Over Grievance Procedures Relating To Contracting Out Work?, Jay E. Grenig
Must A Federal Agency Negotiate With Its Employees' Union Over Grievance Procedures Relating To Contracting Out Work?, Jay E. Grenig
Faculty Publications
No abstract provided.
Must The Army Negotiate Salaries With A Union Representing Teachers At A School For Army Dependents?, Jay E. Grenig
Must The Army Negotiate Salaries With A Union Representing Teachers At A School For Army Dependents?, Jay E. Grenig
Faculty Publications
No abstract provided.