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Articles 1 - 30 of 41
Full-Text Articles in Law
Inferior To None, Colleen Kristl Pauwels
Inferior To None, Colleen Kristl Pauwels
Articles by Maurer Faculty
No abstract provided.
Sesquicententennial Scrapbook, Lauren K. Robel
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Competition Law And International Relations, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
Bankruptcy-Based Discrimination, Douglass G. Boshkoff
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
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
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
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
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
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
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
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
Biological Diversity And Environmental Protection: Authorities To Reduce Risk, Robert L. Fischman
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
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
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
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
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 …