Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 41

Full-Text Articles in Law

Inferior To None, Colleen Kristl Pauwels Oct 1992

Inferior To None, Colleen Kristl Pauwels

Articles by Maurer Faculty

No abstract provided.


Sesquicententennial Scrapbook, Lauren K. Robel Oct 1992

Sesquicententennial Scrapbook, Lauren K. Robel

Articles by Maurer Faculty

No abstract provided.


Health Care Decision Making In Indiana And Beyond, Fred H. Cate, Kathleen M. Anderson Oct 1992

Health Care Decision Making In Indiana And Beyond, Fred H. Cate, Kathleen M. Anderson

Articles by Maurer Faculty

No abstract provided.


Tamar Althouse Scholz, First Woman Law Graduate, Colleen K. Pauwels Jul 1992

Tamar Althouse Scholz, First Woman Law Graduate, Colleen K. Pauwels

Articles by Maurer Faculty

No abstract provided.


Coping With A Turbulent Environment: Development Of Law Firm Training Programs, Edwin H. Greenebaum Jan 1992

Coping With A Turbulent Environment: Development Of Law Firm Training Programs, Edwin H. Greenebaum

Articles by Maurer Faculty

No abstract provided.


The Right To Education As An International Human Right, Jost Delbruck Jan 1992

The Right To Education As An International Human Right, Jost Delbruck

Articles by Maurer Faculty

No abstract provided.


Does The United States Need An Establishment Clause?: God Loveth Adverbs, Daniel O. Conkle Jan 1992

Does The United States Need An Establishment Clause?: God Loveth Adverbs, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.


Starting From Scratch: Rethinking Federal Habeas Review Of Death Penalty Cases, Joseph L. Hoffmann Jan 1992

Starting From Scratch: Rethinking Federal Habeas Review Of Death Penalty Cases, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.


Thinking About Elephants: Admonitions, Empirical Research And Legal Policy, J. Alexander Tanford Jan 1992

Thinking About Elephants: Admonitions, Empirical Research And Legal Policy, J. Alexander Tanford

Articles by Maurer Faculty

No abstract provided.


An "Internal" Critique Of Justice Scalia's Theory Of Statutory Interpretation, William D. Popkin Jan 1992

An "Internal" Critique Of Justice Scalia's Theory Of Statutory Interpretation, William D. Popkin

Articles by Maurer Faculty

No abstract provided.


The Sixth Amendment Lives! A Reply To Professor Jonakait, Craig M. Bradley Jan 1992

The Sixth Amendment Lives! A Reply To Professor Jonakait, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.


A Bargaining Analysis Of American Labor Law And The Search For Bargaining Equity And Industrial Peace, Kenneth G. Dau-Schmidt Jan 1992

A Bargaining Analysis Of American Labor Law And The Search For Bargaining Equity And Industrial Peace, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

No abstract provided.


Book Review. The Premature Burial Of The Irreparable Injury Rule, Gene R. Shreve Jan 1992

Book Review. The Premature Burial Of The Irreparable Injury Rule, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.


The Social Construction Of A Rape Victim: Stories Of African-American Males About The Rape Of Desiree Washington, Kevin D. Brown Jan 1992

The Social Construction Of A Rape Victim: Stories Of African-American Males About The Rape Of Desiree Washington, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.


Book Review. Secession: The Morality Of Political Divorce From Fort Sumter To Lithuania And Quebec By Allen Buchanan, Mary Ellen O'Connell Jan 1992

Book Review. Secession: The Morality Of Political Divorce From Fort Sumter To Lithuania And Quebec By Allen Buchanan, Mary Ellen O'Connell

Articles by Maurer Faculty

No abstract provided.


Competition Law And International Relations, David P. Fidler Jan 1992

Competition Law And International Relations, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


Bankruptcy-Based Discrimination, Douglass G. Boshkoff Jan 1992

Bankruptcy-Based Discrimination, Douglass G. Boshkoff

Articles by Maurer Faculty

No abstract provided.


Court Reform: A View From The Bottom, Julia C. Lamber, Mary Lee Luskin Jan 1992

Court Reform: A View From The Bottom, Julia C. Lamber, Mary Lee Luskin

Articles by Maurer Faculty

No abstract provided.


Possession: A Brief For Louisiana's Rights Of Succession To The Legacy Of Roman Law, David V. Snyder Jan 1992

Possession: A Brief For Louisiana's Rights Of Succession To The Legacy Of Roman Law, David V. Snyder

Articles by Maurer Faculty

No abstract provided.


Power And Legal Artifice: The Federal Class Action, Bryant Garth Jan 1992

Power And Legal Artifice: The Federal Class Action, Bryant Garth

Articles by Maurer Faculty

Using case studies and interviews with lawyers and representatives in class actions, this article explores the contribution that class actions make to their ostensible beneficiaries. The article first distinguishes the major types of class actions in terms of the roles of lawyers and class representatives, ranging from very passive representatives to individuals intensively involved with the dispute that gave rise to the litigation. The article next seeks to evaluate the class actions. On the basis of the results of the class actions, the article finds that class actions cannot be proclaimed major contributors to social change. The focus on results, …


Some Problems With "Origins", Stephen A. Conrad Jan 1992

Some Problems With "Origins", Stephen A. Conrad

Articles by Maurer Faculty

No abstract provided.


Shared Interests: Promoting Healthy Births Without Sacrificing Women's Liberty, Dawn E. Johnsen Jan 1992

Shared Interests: Promoting Healthy Births Without Sacrificing Women's Liberty, Dawn E. Johnsen

Articles by Maurer Faculty

No abstract provided.


Mandatory Planning For Divorce, Jeffrey E. Stake Jan 1992

Mandatory Planning For Divorce, Jeffrey E. Stake

Articles by Maurer Faculty

No abstract provided.


Judge And Jury Roles In Equivalents Analysis: Commentary On Malta V. Schulmerich Carillons, Mark D. Janis Jan 1992

Judge And Jury Roles In Equivalents Analysis: Commentary On Malta V. Schulmerich Carillons, Mark D. Janis

Articles by Maurer Faculty

In Malta v. Schulmerich Carillons Inc. a divided panel of the Federal Circuit affirmed a JNOV granted on a jury verdict of infringement under the doctrine of equivalents. In so doing, the panel majority confirmed the applicability of guidelines from previous cases for determining the threshold level of evidence necessary to get the equivalents issue to the jury. This paper argues that despite powerful criticism from the dissent, the common sense guidelines articulated in theMalta majority opinion are not only necessary, but are appropriate. Indeed, the paper argues that the Malta guidelines are fundamental to the equivalents analysis, and …


Clear The Air, Robert L. Fischman Jan 1992

Clear The Air, Robert L. Fischman

Articles by Maurer Faculty

No abstract provided.


Biological Diversity And Environmental Protection: Authorities To Reduce Risk, Robert L. Fischman Jan 1992

Biological Diversity And Environmental Protection: Authorities To Reduce Risk, Robert L. Fischman

Articles by Maurer Faculty

No abstract provided.


Endangered Species Conservation: What Should We Expect Of Federal Agencies?, Robert L. Fischman Jan 1992

Endangered Species Conservation: What Should We Expect Of Federal Agencies?, Robert L. Fischman

Articles by Maurer Faculty

No abstract provided.


Worst Things First: Risk, Information, And Regulatory Structure In Toxic Substances Control, John S. Applegate Jan 1992

Worst Things First: Risk, Information, And Regulatory Structure In Toxic Substances Control, John S. Applegate

Articles by Maurer Faculty

Scientific uncertainty is the characteristic problem of toxic substances control, and regulators lack the resources to resolve or significantly reduce uncertainty across all of the risks they must address. For this reason, the Environmental Protection Agency (EPA) has become intensely interested in setting priorities among its responsibilities. EPA lacks, however, a coherent framework within which to implement its findings. In this Article, Professor Applegate proposes that the current regulatory regime for toxic substances be restructured to emphasize thoughtful priority setting rather than unrealistic risk standards and deadlines. In his view, Congress should provide broad parameters for agency action in particular …


Debt-Equity Conversions, Debt-For-Nature Swaps, And The Continuing World Debt Crisis, Daniel H. Cole Jan 1992

Debt-Equity Conversions, Debt-For-Nature Swaps, And The Continuing World Debt Crisis, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.


An Agency Cost Analysis Of The Sentencing Reform Act: Recalling The Virtues Of Delegating Complex Decisions, Kenneth G. Dau-Schmidt Jan 1992

An Agency Cost Analysis Of The Sentencing Reform Act: Recalling The Virtues Of Delegating Complex Decisions, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

For many outside the legal profession, the end of a legal case is the reading of the verdict. However, that is only the beginning for those being judged. One of the most significant and delicate tasks within the sphere of the legal system is that of sentencing those convicted. Because of the extreme personal impact that a judge's sentencing has on each individual, the most effective approach to creating guidelines for sentencing has been a hot topic of debate. Upon the birth of the Sentencing Reform Act of 1984, the system changed from one of standards to one of often …