Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- State and Local Government Law (448)
- Constitutional Law (374)
- International Law (319)
- Administrative Law (266)
- Environmental Law (243)
-
- Courts (212)
- Agency (196)
- Legal Education (190)
- Criminal Law (187)
- Health Law and Policy (178)
- Social and Behavioral Sciences (152)
- Civil Rights and Discrimination (147)
- Jurisprudence (134)
- Intellectual Property Law (120)
- Labor and Employment Law (118)
- Supreme Court of the United States (117)
- Entertainment, Arts, and Sports Law (114)
- Criminal Procedure (110)
- Legal History (108)
- Legal Profession (107)
- Comparative and Foreign Law (106)
- Natural Resources Law (105)
- Law and Society (101)
- Torts (98)
- Law and Gender (96)
- Legal Ethics and Professional Responsibility (95)
- First Amendment (90)
- Judges (88)
- Property Law and Real Estate (85)
- Institution
-
- Brigham Young University Law School (2131)
- University of San Diego (227)
- University of Michigan Law School (192)
- Duke Law (188)
- Fordham Law School (184)
-
- University of Colorado Law School (165)
- Yeshiva University, Cardozo School of Law (154)
- Cornell University Law School (139)
- Seton Hall University (137)
- UC Law SF (134)
- Loyola Marymount University and Loyola Law School (126)
- Case Western Reserve University School of Law (123)
- University of Minnesota Law School (122)
- University of South Carolina (119)
- American University Washington College of Law (113)
- Washington and Lee University School of Law (109)
- William & Mary Law School (106)
- Chicago-Kent College of Law (103)
- Maurer School of Law: Indiana University (100)
- Southern Methodist University (96)
- University of Missouri School of Law (92)
- University of Richmond (91)
- Touro University Jacob D. Fuchsberg Law Center (90)
- Loyola University Chicago, School of Law (86)
- Georgia State University College of Law (85)
- Louisiana State University Law Center (79)
- Vanderbilt University Law School (79)
- Villanova University Charles Widger School of Law (74)
- University of Baltimore Law (72)
- University of the Pacific (72)
- Keyword
-
- Law (110)
- Constitution (92)
- Supreme Court (71)
- Legislative history (63)
- Peach Sheet (62)
-
- Analysis (58)
- 1991) (57)
- International Law (56)
- SB 2044 (55)
- State (45)
- Jurisprudence (42)
- New York (42)
- Constitutional law (41)
- N.Y. Const. Art. I (39)
- United States Supreme Court (38)
- Copyright (36)
- Federal (36)
- Interpretation and construction (36)
- 1992 (33)
- International trade (33)
- Legal education (33)
- Courts (32)
- History (32)
- Judges (32)
- SB 664 (32)
- Canada (30)
- Chicago-Kent College of Law (30)
- Evidence (30)
- The Law School Record (30)
- The Record (30)
- Publication
-
- Utah Court of Appeals Briefs (through 1995) (1712)
- Utah Supreme Court Briefs (through 1999) (315)
- Faculty Scholarship (235)
- California Regulatory Law Reporter (191)
- Articles (146)
-
- Michigan Law Review (86)
- Faculty Publications (83)
- Georgia State University Law Review (78)
- Louisiana Law Review (78)
- Touro Law Review (77)
- Cornell Law Review (72)
- Seton Hall Law Review (65)
- Washington and Lee Law Review (65)
- Fordham Law Review (63)
- University of Dayton Law Review (62)
- Cardozo Law Review (61)
- Law and Contemporary Problems (60)
- SMU Law Review (60)
- Loyola of Los Angeles Law Review (58)
- North Carolina Law Review (58)
- BYU Law Review (56)
- Villanova Law Review (1956 - ) (56)
- Duquesne Law Review (55)
- Missouri Law Review (55)
- University of Richmond Law Review (55)
- University of Colorado Law Review (51)
- Mercer Law Review (48)
- Loyola Consumer Law Review (47)
- Scholarly Works (47)
- University of Baltimore Law Forum (47)
- Publication Type
- File Type
Articles 7411 - 7440 of 7926
Full-Text Articles in Law
Filling Gaps In The Close Corporation Contract: A Transaction Cost Analysis, Charles O'Kelley
Filling Gaps In The Close Corporation Contract: A Transaction Cost Analysis, Charles O'Kelley
Faculty Articles
This article develops a more refined transaction-cost based theory which explains: why rational investors in jointly owned, closely held firms initially choose corporate form; why they leave the contractual gaps that they do; and how efficiency-minded judges should respond to postharmony disputes made possible by the form chosen and the gaps left. Professor O’Kelley’s theory takes into account not only the possibility that investors should have chosen partnership law, but also the advantages and disadvantages of organizing production as an implicit team, via long-term contracts between separate businesses or as a sole proprietorship. In explicating this theory of form choice, …
What Went Wrong With The Warren Court's Conception Of The Fourth Amendment?, John B. Mitchell
What Went Wrong With The Warren Court's Conception Of The Fourth Amendment?, John B. Mitchell
Faculty Articles
This article discusses the current status of police in the United States--police can undertake any and all actions unrestrained by any law but their own. The post-Warren Supreme Courts have held that none of these police activities are "searches" and/or "seizures," and in these courts' Fourth Amendment jurisprudence, that means that these activities are not circumscribed by the Fourth Amendment at all. Thus, in terms of the Constitution, the police are without any judicial supervision and subject to no standards but their own whim. The article explores the reasons for this, and faults the Warren Court for its mishandling of …
Introduction: Multidimensional Lawyering And Professional Responsibility, Margaret Chon
Introduction: Multidimensional Lawyering And Professional Responsibility, Margaret Chon
Faculty Articles
Professor Margaret Chon introduces three following articles in which the authors posit the identity of the lawyer not just as client representative, but in the multiple roles of respondent to other people, entities and underlying societal values. Each article contributes to the formation of the self qua lawyer by showing how attorneys can and do respond to foils other than clients.
Emerging Conflicts Over Intellectual Property In Recent Gatt Negotiations, Sonia Baldia
Emerging Conflicts Over Intellectual Property In Recent Gatt Negotiations, Sonia Baldia
LLM Theses and Essays
This thesis describes the "intellectual property problem" and how it came to be a focus of the General Agreement on Tariffs and Trade. It addresses the concerns of the developed and the developing world regarding a reform in their intellectual protection regimes. One of the results of this thesis is that reforms that do not stem from developing countries' perceptions of their own interests and needs, and that are not articulated in keeping with broader economic and technological policies, are unlikely to result in stable and predictable rules or to be properly enforced.
The Deregulated Airline Industry: Legal Challenges For The Nineties, Vijayesh D. Roy
The Deregulated Airline Industry: Legal Challenges For The Nineties, Vijayesh D. Roy
LLM Theses and Essays
The United States is one of the few nations where private airline ownership and more than one carrier are permitted, but traditionally the airline industry was heavily regulated by the Civil Aeronautics Board (CAB) with direct regulation of routes, rates, entry, and exit. However with the Airline Deregulation Act of 1978 and the International Air Transportation Competition Act of 1979, Congress removed many restrictions on the airline industry and allowed airlines to make their own economic decisions and operate as traditional commercial enterprises. Although deregulation has produced many benefits like improved efficiency, reduced costs, and a wider range of services, …
Policy And Legal Aspects Of Technology Transfer From The United States To China, Yongman Zhang
Policy And Legal Aspects Of Technology Transfer From The United States To China, Yongman Zhang
LLM Theses and Essays
One of the major international transactions today is the transfer of technology between nations. Because the U.S. and China are on opposite ends of the technology spectrum, one an advanced technological nation and the other technologically backward, they make excellent trading partners of technology. China’s history of self-reliance and its modern Open Door policy to realize its Four Modernizations are reviewed. This policy of openness is the key to the modernization of China’s economy through the importing of foreign technology. Likewise, the evolution of U.S. policy toward trade with China is analyzed. The U.S. has moved from a policy of …
Reinsurance: Bad Faith Considerations And Insolvency Dilemma, Hui-Ju Hsieh
Reinsurance: Bad Faith Considerations And Insolvency Dilemma, Hui-Ju Hsieh
LLM Theses and Essays
Reinsurance is insurance that an insurance company purchases from another insurance company. The original insurance company is called the reinsured, and the insurance company that is contracted is called the reinsurer. The main purpose of reinsurance is to disperse or spread the risk of loss. The reinsurance relationship is frequently characterized as an exercise of fiduciary responsibility based upon an undertaking of utmost good faith between contracting parties. However, disputes arise; most litigation involving reinsurance has been between reinsurers and persons not party to the reinsurance agreement. This paper’s first major area of discussion is the relationship between the reinsurer …
Negotiation Of International Agreements: Legal And Practical Problems In The Third World Countries, Kuwayaway Stephen Kuwayaway
Negotiation Of International Agreements: Legal And Practical Problems In The Third World Countries, Kuwayaway Stephen Kuwayaway
LLM Theses and Essays
The purpose of this study was to investigate problems in negotiation of international agreements in Third World countries, to shed light on the salient features in negotiation agreements between developed and developing countries, and to propose measures to assess the situation. This study provides detailed description and techniques used in negotiating these agreements in international negotiations. The study reveals that when negotiating within unequal bargaining power, the weak party stands to lose because it enters the agreement without free will; consequently, the agreement becomes unenforceable. Three factors have been identified as being obstacles to freedom of contract, ie. The unequal …
Privatization: A Way To Rethinking The Role Of Government, Abdelsamie E. Elfadil
Privatization: A Way To Rethinking The Role Of Government, Abdelsamie E. Elfadil
LLM Theses and Essays
This LL.M. thesis provides a comprehensive analysis of privatization as an economincally-sound strategy for the provision of public goods and services. The work begins by providing a robust backdrop of the privatization phenomenon by tracing its theoretical foundations, competing defintions, and analyzing the principal techniques of implementation—including divestiture through public share offerings and private sales, load shedding, vouchers, freemarket, user fees, franchise agremeents, and contracting out. The thesis then examines privatization as a means of reducing government size, the potential for franchise agreements to serve as an alternate appoach to public service delivery, and, finally, the critical legal issues arising …
Infinite Strands, Infinitesimally Thin: Storytelling, Bayesianism, Hearsay And Other Evidence, Richard D. Friedman
Infinite Strands, Infinitesimally Thin: Storytelling, Bayesianism, Hearsay And Other Evidence, Richard D. Friedman
Articles
David Schum has long been one of our keenest commentators on questions of inference and proof. He has been particularly interested in, and illuminating on, the subject of "cascaded," or multi-step, inference.' This is a subject of importance to lawyers, because most evidence at trial can be analyzed in terms of cascaded inference. Usually, the proposition that the fact finder2 might immediately infer from the evidence is not itself an element of a crime, claim, or defense. Most often, an extra inference would be required to jump from that proposition to a proposition that the law deems material. Thus, inference …
Reading Tea Leaves: The Future Of Negotiations For Tort Claimants Free From Fault, Cornelius J. Peck
Reading Tea Leaves: The Future Of Negotiations For Tort Claimants Free From Fault, Cornelius J. Peck
Seattle University Law Review
This Article first reviews what a study of the 1986 Tort Reform Act reveals to be problems created by that Act for negotiators of settlements in tort suits. These problems are greatest for fault-free plaintiffs. Next, a summary of the previous law governing joint and several liability provides an understanding of these problems and the changes negotiators should make in their negotiation strategies. The court's success in avoiding the mandated disaster for the Workers Compensation Fund raises the possibility that the court may also provide fault-free plaintiffs with an easier escape from the perils and pitfalls created by the Act …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Keynote Address: Predators And Politics, Norval Morris
Keynote Address: Predators And Politics, Norval Morris
Seattle University Law Review
The following article is a transcription of portions of Mr. Morris's keynote address presented at the Predators and Politics Symposium on March 9, 1992 at the University of Puget Sound School of Law.
The Constitutionality And Morality Of Civilly Committing Violent Sexual Predators, Alexander D. Brooks
The Constitutionality And Morality Of Civilly Committing Violent Sexual Predators, Alexander D. Brooks
Seattle University Law Review
This Article will address four major substantive constitutional and moral challenges to the Washington Sexually Violent Predator statute. The first is that the statute provides for unacceptable preventive detention contrary to American tradition and law. The second is that the terminology used to identify the mental condition of sexually violent predators is vague and meaningless, resulting in inaccurate and unfair applications and lacking in uniformity. The third objection is that the treatment program necessarily relies on a false assumption that efficacious treatment is available and argues that without efficacious treatment the statute must fail. Fourth, the confinement involved, which theoretically …
Sources Of Security, Julie Shapiro
Sources Of Security, Julie Shapiro
Seattle University Law Review
The fixable problems relating to the specifics of the stat- ute thus do not raise the hardest questions that a statute like this one presents precisely because they are fixable. If I agreed that the general idea of the statute was a good one, I still might find the specifics of this statute unacceptable. But I would be able to propose an acceptable statute that accomplished the same basic purpose. Thus, although the specifics of this statute are of enormous importance to the legal questions pending in the courts and to those who must litigate under the statute, the specifics …
Sexual Predators: Mental Illness Or Abnormality? A Psychiatrist's Perspective, James D. Reardon, M.D.
Sexual Predators: Mental Illness Or Abnormality? A Psychiatrist's Perspective, James D. Reardon, M.D.
Seattle University Law Review
In this Symposium Article, the author discusses Washington’s Sexually Violent Predator Act, RCW 71.09.060, from a psychiatrist’s perspective.
Sexual Violence, Sanity, And Safety: Constitutional Parameters For Involuntary Civil Commitment Of Sex Offenders, Beth Keiko Fujimoto
Sexual Violence, Sanity, And Safety: Constitutional Parameters For Involuntary Civil Commitment Of Sex Offenders, Beth Keiko Fujimoto
Seattle University Law Review
This Comment will address two questions: (1) whether the Washington law is substantially similar to or fundamentally different from the Illinois statute; and (2) whether the Washington statute should be upheld as a constitutional exercise of the state's civil commitment authority under Allen v. Illinois. This Comment argues that the Washington scheme is fundamentally different from the Illinois statute under Allen because it is essentially a lifetime preventive detention scheme and therefore fails to meet the constitutional requirements set forth in Allen. To that end, Part II of this Comment generally explores the involuntary commitment of sex offenders, …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
The Doctrine Of Lesser Included Offenses, Kyron Huigens
The Doctrine Of Lesser Included Offenses, Kyron Huigens
Seattle University Law Review
This Article attempts to bring the early lesser included offense cases back to life, to uncover the origins and deeper logic of the doctrine, and to re-introduce the older, elegant solutions to the doctrine’s central problems back into current practice. With regard to the first part of State v. Workman’s two-pronged standard, this Article explores the innate wisdom of the classic elements test and a failed attempt to supplant it and then proposes changing it. With regard to the second prong, this Article proposes a wholesale replacement of the current formulation on the ground that it is fundamentally flawed. This …
Life And Death In Washington State After Cruzan V. Director, Missouri Department Of Health, Nancy Watkins Anderson
Life And Death In Washington State After Cruzan V. Director, Missouri Department Of Health, Nancy Watkins Anderson
Seattle University Law Review
This Comment argues that the Washington legislature should amend Washington law to allow the removal of life-support measures, including artificial nutrition and hydration, from an incompetent patient in a persistent vegetative state. The Comment further argues that rather than following the ambiguous Informed Consent Law, the legislature should adopt the procedure outlined in the first, unmodified Grant decision. Part II of this Comment examines the Cruzan decision by the United States Supreme Court, including the facts of the case, holding of the court, aftermath of the decision, and long-term effects of the case. Part II also includes an extensive analysis …
Extinguishing The Burning Crosses: Washington's Malicious Harassment Statute In Light Of The Issues Of Overbreadth And Vagueness, Edward Comitz
Extinguishing The Burning Crosses: Washington's Malicious Harassment Statute In Light Of The Issues Of Overbreadth And Vagueness, Edward Comitz
Seattle University Law Review
This Comment briefly discusses how Washington’s malicious harassment statute should be interpreted in light of the recent United States Supreme Court case R.A.V. v. City of St. Paul. Because the issues of overbreadth and vagueness are of imminent importance, to Washington’s statute, the majority of this Comment focuses on an analysis of those issues Both issues are discussed in terms of the specific crime of cross burning with the intent to intimidate or harass as proscribed by Section (1) of Washington’s malicious harassment statute. Finally, because the real harms minority victims of hate crimes experience, this Comment argues that Washington’s …
It Walks Like A Duck, Talks Like A Duck, . . . But Is It A Duck? Making Sense Of Substantial Similarity Law As It Applies To User Interfaces , Ellen M. Bierman
It Walks Like A Duck, Talks Like A Duck, . . . But Is It A Duck? Making Sense Of Substantial Similarity Law As It Applies To User Interfaces , Ellen M. Bierman
Seattle University Law Review
This Comment recommends how courts should apply the substantial similarity analysis to user interfaces. Specifically, this Comment (1) delineates the state of the law in the Ninth Circuit and explains how the recent changes should be interpreted with respect to user interfaces; (2) establishes an analytic framework for evaluating proposed substantial similarity tests through the enumeration of a set of goals specific to user interfaces; and (3) uses this analytic framework to evaluate and endorse a test that applies traditional copyright doctrine to a logical and consistent manner.
The Model Employment Termination Act: Fairness For Employees And Employers Alike, Theodore J. St. Antoine
The Model Employment Termination Act: Fairness For Employees And Employers Alike, Theodore J. St. Antoine
Articles
The Model Employment Termination Act (META), which state legislatures are expected to consider in the near future aims to prevent the unfair firing of Amer~ ican workers. At the same time, the Act aims to prevent devastating financial blows to American business. For both employees and employers, META offers streamlined dispute resolution procedures that would be simpler, less costly, and less time-consuming than the civil courts. The essence of the proposal is compromise-not as a matter of political expediency but as a practical, balanced accommodation of the competing worthwhile interests of employers and employees. Workers are entitled to be free …
Harnessing Of Offshore And Deep Sea Fishery Resources In The Exclusive Economic Zone Of Sri Lanka, Ginigaddarage Piyasena
Harnessing Of Offshore And Deep Sea Fishery Resources In The Exclusive Economic Zone Of Sri Lanka, Ginigaddarage Piyasena
Marine Affairs Theses and Major Papers
Sri Lanka declared her Exclusive Economic Zone in 1977, under Section 56 of the Maritime Zone Law No.22 of 1976. With this declaration she extended her jurisdiction over a 500,000 km of sea area as a coastal state. The acquisition of this vast sea area enables Sri Lanka to provide the most needed animal protein requirement of her population by harnessing the fishery resources available in the EEZ. This paper reviews the impact of the declaration of the Exclusive Economic Zone on the offshore and deep sea fish production in Sri Lanka from 1977 to 1990 especially in relation to …
Establishing Fault In Collision Cases, Joseph Sweeney
Establishing Fault In Collision Cases, Joseph Sweeney
Faculty Scholarship
No abstract provided.
Naacp V. Town Of Harrison: Applying Title Vii Disparate Impact Analysis To Municipal Residency Requirements, James C. King
Naacp V. Town Of Harrison: Applying Title Vii Disparate Impact Analysis To Municipal Residency Requirements, James C. King
Villanova Law Review (1956 - )
No abstract provided.
Redefining Interstate Commerce Jurisdiction Under The Sherman Act: Summit Health, Ltd. V. Pinhas, William F. Detwiler
Redefining Interstate Commerce Jurisdiction Under The Sherman Act: Summit Health, Ltd. V. Pinhas, William F. Detwiler
Villanova Law Review (1956 - )
No abstract provided.
Character And Credibility: A Proposal To Realign Federal Rules Of Evidence 608 And 609, Robert D. Okun
Character And Credibility: A Proposal To Realign Federal Rules Of Evidence 608 And 609, Robert D. Okun
Villanova Law Review (1956 - )
No abstract provided.
Hate Speech: The Present Implications Of A Historical Dilemma, Floyd Abrams
Hate Speech: The Present Implications Of A Historical Dilemma, Floyd Abrams
Villanova Law Review (1956 - )
No abstract provided.
Crossburning And The Sound Of Silence: Antisubordination Theory And The First Amendment, Charles R. Lawrence Iii
Crossburning And The Sound Of Silence: Antisubordination Theory And The First Amendment, Charles R. Lawrence Iii
Villanova Law Review (1956 - )
No abstract provided.