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1990

Faculty Publications

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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 Oct 1990

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 Oct 1990

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 Oct 1990

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 Oct 1990

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 Oct 1990

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 Oct 1990

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 Oct 1990

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 Jul 1990

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 Jul 1990

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 Jul 1990

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 Apr 1990

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 Apr 1990

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 Apr 1990

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 Apr 1990

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 Apr 1990

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 Jan 1990

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. Jan 1990

Editor's Comments, Charles H. Koch Jr.

Faculty Publications

No abstract provided.


Inadvertent Waiver Of The Attorney-Client Privilege By Disclosure Of Documents: An Economic Analysis, Alan J. Meese Jan 1990

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 Jan 1990

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 Jan 1990

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 Jan 1990

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 Jan 1990

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 Jan 1990

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 Jan 1990

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 Jan 1990

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 Jan 1990

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 Jan 1990

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 Jan 1990

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 Jan 1990

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 Jan 1990

Must The Army Negotiate Salaries With A Union Representing Teachers At A School For Army Dependents?, Jay E. Grenig

Faculty Publications

No abstract provided.