Law Commons^™

The Article 9 Study Committee Report: Strong Signals And Hard Choices, (With C. Mooney, Jr.). , Steven L. Harris

All Faculty Scholarship

No abstract provided.

Aristotle On Political Justice (Symposium), Steven J. Heyman

All Faculty Scholarship

No abstract provided.

Natural Rights, Positivism And The Ninth Amendment: A Response To Mcaffee, Steven J. Heyman

All Faculty Scholarship

No abstract provided.

Reconceptualizing Sovereign Immunity, Harold J. Krent

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No abstract provided.

The Supreme Court And The Duty Of Fair Representation, Martin H. Malin

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No abstract provided.

Adam, Eve And The First Amendment: Some Thoughts On The Obscene As Sacred, Sheldon Nahmod

All Faculty Scholarship

No abstract provided.

Feminism Awry: Excesses In The Pursuit Of Rights And Trifles, Kenneth Lasson

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Perhaps it is best to begin with the positive. From virtually any perspective, liberal and conservative feminists in the twentieth century have improved the quality of life for many women in a number of noteworthy ways. They have helped win the right to vote, to own property, to make contracts, to serve on juries, to use contraceptives.

They have succeeded in asserting the need for enhanced economic opportunities: equal pay for equal work, maternity leave, flex-time for mothers. They have made significant advancements against both domestic battery and sexual harassment in the workplace. As a consequence of all these efforts, …

A Family Court For Maryland: The Time Has Come, Barbara A. Babb

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No abstract provided.

The Actual Validity Of Law, Mortimer N.S. Sellers

All Faculty Scholarship

When, and in what sense, are laws ever "valid"? I shall argue that the validity of a law always depends on the law's moral justification. To see why, one must first disentangle three senses of the word "valid." I will distinguish "actual validity" from "legal validity," and use "valid" (without an adjective) only of the former-those laws one actually ought to obey. "Legally valid" laws are laws a particular legal system claims we ought to obey, and "morally valid" laws are laws one could morally justify making legally valid.

The distinction between moral, legal and actual validity explains two well-known …

Republican Authority, Mortimer N.S. Sellers

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No abstract provided.

Religious Liberty In The Military: The First Amendment Under "Friendly Fire", Kenneth Lasson

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Though freedom of religion remains one of our most cherished values, it is still among the most controversial of constitutional rights. This is especially true in the context of military service. Even those who purposefully enlist in the armed forces, implicitly giving up certain liberties they freely enjoyed as civilians, would not relinquish their freedom of conscience. Yet the right to practice their religious beliefs, unfettered by arbitrary governmental restrictions, is regularly challenged.

Fortunately, however, most western cultures regard religious liberty as so fundamental that their military establishments routinely develop regulations to accommodate specific religious practices.

This principle was of …

The Law Of Choice And Choice Of Law: Abortion, The Right To Travel, And Extraterritorial Regulation In American Federalism, Seth F. Kreimer

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No abstract provided.

Extinction And The Law: Protection Of Religiously Motivated Behavior, Fred P. Bosselman

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No abstract provided.

The Commodification Of Nature's Metropolis: The Historical Context Of Illinois' Unique Zoning Standards, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.

The Protection Of Human Rights In Disintegrating States: A New Challenge, Bartram Brown

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No abstract provided.

Idea-Systems In Law: Nineteenth-Century German Experience, David J. Gerber

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No abstract provided.

Integration, Disintegration And The Protection Of Competition: Of Myths, Stories And Images, David J. Gerber

All Faculty Scholarship

No abstract provided.

The Origins Of The European Competition Law Tradition In Fin-De-Siecle Austria, David J. Gerber

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No abstract provided.

The Moral Foundations Of Tort Law, Stephen R. Perry

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No abstract provided.

Police Abuse: Can The Violence Be Contained?, David Rudovsky

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No abstract provided.

Notes Toward An Aesthetics Of Legal Pragmatism, David A. Skeel Jr.

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No abstract provided.

The Economic Structure Of The Post-Contractual Corporation, William W. Bratton

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No abstract provided.

Tort Law As A Comparative Institution, Claire Oakes Finkelstein

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No abstract provided.

State Ethical Codes And Federal Practice: Emerging Conflicts And Suggestions For Reform, Stephen B. Burbank

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The standards for resolving putative conflicts between federal laws are not always clear, and neither for that matter is the standard for determining what constitutes a federal law capable of superseding effect. The technique of setting federal norms of professional conduct on a decentralized basis by borrowing or incorporating state norms is increasingly troublesome to the extent that the borrowed state norms are disuniform and that they are being put to multiple remedial purposes. Federal legislation preempting state law of professional conduct is conceivable but hardly likely, particularly as the norms are pressed into duty for purposes other than professional …

The Jurisprudence Of Jane Eyre, Anita L. Allen

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No abstract provided.

Corporate Integration: Do The Uncertainties Outweigh The Benefits?, Reed Shuldiner

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No abstract provided.

Controlling Congress: Presidential Influence In Domestic Fiscal Policy, Michael A. Fitts, Robert Inman

All Faculty Scholarship

No abstract provided.

A General Approach To The Taxation Of Financial Instruments, Reed Shuldiner

All Faculty Scholarship

No abstract provided.

"The Black Community," Its Lawbreakers, And A Politics Of Identification, Regina Austin

All Faculty Scholarship

No abstract provided.

Black Women, Sisterhood, And The Difference/Deviance Divide, Regina Austin

All Faculty Scholarship

No abstract provided.