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Articles 1 - 30 of 30

Full-Text Articles in Law

Puzzles And Parables: Defining Good Faith In The Mbo Context, Deborah A. Demott Jan 1990

Puzzles And Parables: Defining Good Faith In The Mbo Context, Deborah A. Demott

Faculty Scholarship

No abstract provided.


Habeas Corpus And The Penalty Of Death, Michael E. Tigar Jan 1990

Habeas Corpus And The Penalty Of Death, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Teaching Law And Virtue At Translyvania University: The George Wythe Tradition In The Antebellum Years, Paul D. Carrington Jan 1990

Teaching Law And Virtue At Translyvania University: The George Wythe Tradition In The Antebellum Years, Paul D. Carrington

Faculty Scholarship

No abstract provided.


Voices Heard In Jury Argument: Litigation And The Law School Curriculum, Michael E. Tigar Jan 1990

Voices Heard In Jury Argument: Litigation And The Law School Curriculum, Michael E. Tigar

Faculty Scholarship

No abstract provided.


The Applicability Of Just Compensation To Substantive Due Process Claims, Stuart M. Benjamin Jan 1990

The Applicability Of Just Compensation To Substantive Due Process Claims, Stuart M. Benjamin

Faculty Scholarship

No abstract provided.


Transparency, Opacity, And Openness In Narrative, H. Jefferson Powell Jan 1990

Transparency, Opacity, And Openness In Narrative, H. Jefferson Powell

Faculty Scholarship

No abstract provided.


Structured Finance: The New Way To Securitize Assets, Steven L. Schwarcz Jan 1990

Structured Finance: The New Way To Securitize Assets, Steven L. Schwarcz

Faculty Scholarship

No abstract provided.


A Judicial Postscript To The Church-State Debates Of 1989: How Porous The Wall, How Civil The State?, William W. Van Alstyne Jan 1990

A Judicial Postscript To The Church-State Debates Of 1989: How Porous The Wall, How Civil The State?, William W. Van Alstyne

Faculty Scholarship

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.


It Does The Crime But Not The Time: Corporate Criminal Liability In Federal Law, Michael E. Tigar Jan 1990

It Does The Crime But Not The Time: Corporate Criminal Liability In Federal Law, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Defining The Role Of Federal Courts, Erwin Chemerinsky, Larry Kramer Jan 1990

Defining The Role Of Federal Courts, Erwin Chemerinsky, Larry Kramer

Faculty Scholarship

No abstract provided.


Strategies For Strengthening The Case For Separate Property Classification Of Assets Under Idaho Law, William A. Reppy Jr. Jan 1990

Strategies For Strengthening The Case For Separate Property Classification Of Assets Under Idaho Law, William A. Reppy Jr.

Faculty Scholarship

No abstract provided.


The Professional Paradigm Of Medical Care: Obstacle To Decentralization, Clark C. Havighurst Jan 1990

The Professional Paradigm Of Medical Care: Obstacle To Decentralization, Clark C. Havighurst

Faculty Scholarship

This article examines the tension between the medical profession's control of medical decisionmaking and the decentralization strategy of placing control of costs and decisions in consumers' hands. The author argues that society cannot fight the battle for efficiency in medical care because the professional paradigm limits the ability of consumers to influence physicians' practices. He explains the paradigm as the medical profession's belief that medical care is not a consumer good but is scientifically determined, and thus medical decisions are entrusted exclusively to physicians. The author analyzes the operation of the professional paradigm in the following areas: accreditation, hospital organization, …


On Property: An Essay, Laura S. Underkuffler Jan 1990

On Property: An Essay, Laura S. Underkuffler

Faculty Scholarship

No abstract provided.


The Origins And Consequences Of Procedural Fairness, Neil Vidmar Jan 1990

The Origins And Consequences Of Procedural Fairness, Neil Vidmar

Faculty Scholarship

No abstract provided.


The Revolutionary Idea Of University Legal Education, Paul D. Carrington Jan 1990

The Revolutionary Idea Of University Legal Education, Paul D. Carrington

Faculty Scholarship

No abstract provided.


Military Rules Of Evidence Symposium: An Introduction, Robinson O. Everett Jan 1990

Military Rules Of Evidence Symposium: An Introduction, Robinson O. Everett

Faculty Scholarship

No abstract provided.


Goldstein On Copyright Law: A Realist’S Approach To A Technological Age, Jerome H. Reichman Jan 1990

Goldstein On Copyright Law: A Realist’S Approach To A Technological Age, Jerome H. Reichman

Faculty Scholarship

No abstract provided.


Jurisdictional And Transfer Proposals For Complex Litigation, Thomas D. Rowe Jr. Jan 1990

Jurisdictional And Transfer Proposals For Complex Litigation, Thomas D. Rowe Jr.

Faculty Scholarship

No abstract provided.


Panel Three: The Roles Of Juries And The Press In The Modern Judicial System, Neil Vidmar, Shari S. Diamond, Jane Kirtley, Bruce Sanford, Nina Totenberg, Stephen Wermiel, Ford Rowan Jan 1990

Panel Three: The Roles Of Juries And The Press In The Modern Judicial System, Neil Vidmar, Shari S. Diamond, Jane Kirtley, Bruce Sanford, Nina Totenberg, Stephen Wermiel, Ford Rowan

Faculty Scholarship

No abstract provided.


The Seventh Amendment: Some Bicentennial Reflections, Paul D. Carrington Jan 1990

The Seventh Amendment: Some Bicentennial Reflections, Paul D. Carrington

Faculty Scholarship

No abstract provided.


The Hushed Case Against A Supreme Court Appointment: Judge Parker's "New South" Constitutional Jurisprudence, 1925-1933, Peter G. Fish Jan 1990

The Hushed Case Against A Supreme Court Appointment: Judge Parker's "New South" Constitutional Jurisprudence, 1925-1933, Peter G. Fish

Faculty Scholarship

No abstract provided.


Evolution And Application Of Critical Habitat Under The Endangered Species Act, James Salzman Jan 1990

Evolution And Application Of Critical Habitat Under The Endangered Species Act, James Salzman

Faculty Scholarship

No abstract provided.


Corrective Justice And Liability For Increasing Risks, Christopher H. Schroeder Jan 1990

Corrective Justice And Liability For Increasing Risks, Christopher H. Schroeder

Faculty Scholarship

No abstract provided.


The Taxation Of The Tax Indemnity Payments: Recovery Of Capital And The Contours Of Gross Income, Lawrence A. Zelenak Jan 1990

The Taxation Of The Tax Indemnity Payments: Recovery Of Capital And The Contours Of Gross Income, Lawrence A. Zelenak

Faculty Scholarship

No abstract provided.


Congress, The Supreme Court, And The Eleventh Amendment: A Comment On The Decisions During The 1988-89 Term, Erwin Chemerinsky Jan 1990

Congress, The Supreme Court, And The Eleventh Amendment: A Comment On The Decisions During The 1988-89 Term, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Ethical Considerations For The Corporate Legal Counsel, Thomas B. Metzloff Jan 1990

Ethical Considerations For The Corporate Legal Counsel, Thomas B. Metzloff

Faculty Scholarship

No abstract provided.


Finding A Consensus On Equality: The Homosexual Age Of Consent And The European Convention On Human Rights, Laurence R. Helfer Jan 1990

Finding A Consensus On Equality: The Homosexual Age Of Consent And The European Convention On Human Rights, Laurence R. Helfer

Faculty Scholarship

No abstract provided.


Collective Bargaining In The Federal Public Sector: Disclosing Employee Names And Addresses Under Exemption 6 Of The Freedom Of Information Act, Trina Jones Jan 1990

Collective Bargaining In The Federal Public Sector: Disclosing Employee Names And Addresses Under Exemption 6 Of The Freedom Of Information Act, Trina Jones

Faculty Scholarship

No abstract provided.


An Outsider’S Perspective Of Insider Trading Regulation In Australia, James D. Cox Jan 1990

An Outsider’S Perspective Of Insider Trading Regulation In Australia, James D. Cox

Faculty Scholarship

This article provides a close analysis of contemporary justifications frequently advanced for the regulation of insider trading. The rationalization for the prosecution of insider trading is contrasted with the objectives and provisions of Australia's Corporations Act of 1989. The final section of the paper provides reaction to the many complaints others have raised regarding weaknesses inherent in the former regulatory framework that placed the National Companies and Securities Commission at the center of Australia's regulation of insider trading.


Corrective Justice, Liability For Risks, And Tort Law, Christopher H. Schroeder Jan 1990

Corrective Justice, Liability For Risks, And Tort Law, Christopher H. Schroeder

Faculty Scholarship

No abstract provided.