Law Commons^™

Seeing The Constitution From The Backseat Of A Police Squad Car, Tracey Maclin

UF Law Faculty Publications

No abstract provided.

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

Faculty Scholarship

No abstract provided.

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.

Tape Recording Telephone Conversations--Is It Ethical For Attorneys?, Charles Adams

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Tape Recording Conversations - Is It Ethical For Attorneys?, Charles W. Adams

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

The Dispossession Of The Kansas Shawnee, John W. Ragsdale Jr

Faculty Works

No abstract provided.

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

Faculty Scholarship

No abstract provided.

Scots Law In Post-Revolutionary And Nineteenth-Century America: The Neglected Jurisprudence, C. Paul Rogers Iii

Faculty Journal Articles and Book Chapters

No abstract provided.

Infinity In A Grain Of Sand: The World Of Law And Lawyers As Portrayed In The Clinical Teaching Implicit In The Law School Curriculum, Howard Lesnick

All Faculty Scholarship

No abstract provided.

Surrogacy, Slavery, And The Ownership Of Life, Anita L. Allen

All Faculty Scholarship

No abstract provided.

Rules Of Conduct And Principles Of Adjudication, Paul H. Robinson

All Faculty Scholarship

In this article I will show why our legal system's rules of conduct are presently unclear, how the system arrived at its current state, and what can be done to make the rules of conduct clearer. My arguments and conclusions are, in brief, as follows: The criminal law fails to communicate clear rules of conduct because it fails to distinguish this communicative function from that of adjudicating violations of the rules, which requires primarily an assessment of the blameworthiness of the violator. These two functions - announcing public rules of conduct and assessing individual blame in adjudication of a violation …

On Being A Role Model, Anita L. Allen

All Faculty Scholarship

No abstract provided.

The Sentencing Court's Discretion To Depart Downward In Recognition Of A Defendant's Substantial Assistance: A Proposal To Eliminate The Government Motion Requirement, Cynthia Lee

GW Law Faculty Publications & Other Works

In this article, Cynthia Lee examines the tension between judicial discretion and the sentencing guidelines established by the Sentencing Reform Act of 1984. Lee argues that a sentencing court should not require a government motion before departing downward in recognition of a defendant's substantial assistance in the investigation or prosecution of another person. In Part One, Lee provides the historical background leading to the creation of the sentencing guidelines, which were enacted to curb the sentencing disparity resulting from broad judicial discretion. In Part Two, she summarizes the district and appellate court interpretations of 18 U.S.C. Subsection 3553(e) and Subsection …

Section 301'S Preemption Of State Law Claims: A Model For Analysis, Rebecca White

Scholarly Works

Congress, in section 301(a) of the Labor Management Relations Act, has provided a cause of action for breach of a collective bargaining agreement. This statute has long been interpreted as ousting state law claims for breach of contract when the contract involved is a collective bargaining agreement.

To what extent Congress, in enacting section 301, intended to foreclose other state law claims by the parties to or the individuals covered by a collective bargaining agreement is an issue that has recently gained prominence. The Supreme Court has decided four such cases unanimously in the last four years.

Such contemporary and …

The International Reach Of Rule 10b-5: The Myth Of Congressional Silence, Margaret V. Sachs

Scholarly Works

This article challenges the conventional wisdom that in adjudicating the international reach of rule 10b-5 courts begin with a blank legislative slate. The history of the securities laws demonstrates that this conventional wisdom is erroneous in two important respects. First, the securities markets of the 1920's were highly international, as Congress was well aware when it enacted the 1933 and 1934 Acts. Second, Congress nevertheless chose to protect only those investors whose trades occur inside the United States-“domestic traders” -- regardless of whether the securities traded are domestic or foreign. As a result, foreign traders lack standing to sue under …

Separation Of Powers, The Political Branches, And The Limits Of Judicial Review, Jonathan L. Entin

Faculty Publications

No abstract provided.

Hearsay: Part Iv, Paul C. Giannelli

Faculty Publications

No abstract provided.

The First Great Law & Economics Movement, Herbert J. Hovenkamp

All Faculty Scholarship

Beginning in the 1880s American economists turned their attention to the law in a way unprecedented in American thought. Some legal academics in turn incorporated economics into their thinking about the law. Whether their output or its impact were great enough to warrant calling their efforts a law and economics "movement" is worth debating. This essay argues that there was such a movement.

Four things account for the increasing interest in law and economics at the turn of the century: (1) the widespread application of evolutionary models to the development of both law and economic theory; (2) the influence of …

Brazil's New Constitution: An Exercise In Transient Constitutionalism For A Transitional Society, Keith S. Rosenn

Articles

No abstract provided.

Changing Company Law? (Book Review), Caroline Bradley, Judith Freedman

Articles

No abstract provided.

Military Necessity And Iraqi Destruction Of Kuwaiti Oil, Rex Zedalis

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

What Happens To Unresolved Grievances When The Grievance Procedure Does Not Provide For Binding Arbitration?, Jay E. Grenig

Faculty Publications

No abstract provided.

The Marquette Lawyer, James D. Ghiardi

Faculty Publications

No abstract provided.

Reinvigorating Title Vi: Defending Health Care Discrimination—It Shouldn’T Be So Easy, Sidney D. Watson

All Faculty Scholarship

... Mrs. Carolyn Payne, a 21-year-old black resident of Holly Springs, Mississippi, delivered her own baby in the front seat of a truck after the emergency room of the Marshall County Hospital had refused admission.'¹

... Ysidro Aguinagas, an 1 1-month-old Hispanic baby, died... after being denied admission to a public hospital in Dimmitt, Texas, despite the fact that the hospital was ... publicly financed. The baby would not be admitted without a $450 deposit.²

... an Hispanic man, conscious and speaking Spanish, arrived at an emergency room at 7 p.m. for treatment of stab wounds suffered in …

Divorce, Interspousal Torts, And Res Judicata, Andrew Schepard

Hofstra Law Faculty Scholarship

Some fear that requiring litigation of interspousal torts in a divorce action may undermine the policy premises of no-fault divorce. Fear of res judicata may encourage divorce litigants to scrape the "bottom of the barrel" and assert every conceivable tort claim that arose during the marriage. Divorce litigation will thus become more bitter and hostile than it already is. Others fear that divorce litigation will become unmanageable as tort claims and third parties are added to joined tort/divorce litigation.

The thesis of this article is that, despite these concerns, as a general rule, spouses should be required to litigate tort …

The Lemon Test: Should It Be Retained, Reformulated Or Rejected?, Carl H. Esbeck

Faculty Publications

This essay addresses the Supreme Court's three-part establishment clause test originally set down in Lemon v. Kurtzman. Part I concerns the manner in which the Lemon test has substantially evolved. Part II explores what the evolved test has to offer by way of solving the seemingly conflicting duties not to inhibit free speech and political rights, while at the same time refraining from passing laws "respecting an establishment of religion." Finally, Part III addresses some of the proposals to supplant Lemon altogether.

First Freedom: Religion And The Bill Of Rights, Carl H. Esbeck

Faculty Publications

This volume is a collection of seven papers delivered at a symposium assembled in April 1989 upon the occasion, almost two hundred years hence, of the passage of the Bill of Rights by the First Congress. The unifying theme is stated to be the historical context of both Religion Clauses in the First Amendment, but the authors are driven primarily by Establishment Clause concerns. The Thrust of the essays deal with the originalism advanced during the years of Reagan Administration, and nonpreferentialism comes in for particular criticism, both pejoratively characterized as that "growing clamor".

Statutory Prohibitions On The Negotiation Of Insurance Agent Commissions: Substantive Due Process Review Under State Constitutions, Robert H. Jerry Ii, Reginald L. Robinson

Faculty Publications

In Part I, this Article examines and categorizes the state statutes that prohibit an insurance agent from returning a portion of his commission for the sale of the policy to the consumer. Part II discusses substantive due process' in the state courts. After briefly summarizing the rise and fall of federal substantive due process, this part explores the use of state constitutions as independent constitutional authority in the area of economic regulation. This part concludes that two distinct models of substantive due process analysis exist in the state courts. Part III comments on two recent cases where the validity of …

The First-Party Insurance Externality: An Economic Justification For Enterprise Liability, Jon D. Hanson, Kyle D. Logue

Articles

This Article explores the insurance and deterrence implications of important and long overlooked facts. Consumers are insured through first-party mechanisms against most of the risks of product accidents. However, first-party insurers rarely and imperfectly adjust premiums according to an individual consumer's decisions concerning exactly what products she will purchase, how many of those products she will purchase, and how carefully she will consume them. Such consumer decisions we refer to as "consumption choices. " This failure by first-party insurers to adjust premiums according to consumption choices gives rise to a first-party insurance externality. Based on this insight, this Article offers …