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Articles 1 - 30 of 52
Full-Text Articles in Law
Defining Finality And Appealability By Court Rule: A Comment On Martineau’S Right Problem, Wrong Solution, Thomas D. Rowe Jr.
Defining Finality And Appealability By Court Rule: A Comment On Martineau’S Right Problem, Wrong Solution, Thomas D. Rowe Jr.
Faculty Scholarship
No abstract provided.
Afterword, Robinson O. Everett
Municipal Tort Liability: Special Duty Issues Of Police, Fire, And Safety, Horace B. Robertson
Municipal Tort Liability: Special Duty Issues Of Police, Fire, And Safety, Horace B. Robertson
Faculty Scholarship
According to the program bulletin, my topic is "Special Duty Issues" of tort liability under the overall conference heading of "Municipal Liability."
Cool Analysis Versus Moral Outrage In The Development Of Federal Environmental Criminal Law, Christopher H. Schroeder
Cool Analysis Versus Moral Outrage In The Development Of Federal Environmental Criminal Law, Christopher H. Schroeder
Faculty Scholarship
No abstract provided.
Civil Forfeiture: A Higher Form Of Commercial Law?, Steven L. Schwarcz, Alan E. Rothman
Civil Forfeiture: A Higher Form Of Commercial Law?, Steven L. Schwarcz, Alan E. Rothman
Faculty Scholarship
In this Article, Messrs. Schwarcz and Rothman analyze the disquieting impact of civil forfeiture law on creditors' rights. The Article begins by describing the historical origins of civil forfeiture and its development into current day law. The Article then explores the tension between forfeiture law and commercial and bankruptcy law by examining the effect of a forfeiture action on unsecured and undersecured creditors. The Article evaluates a recent model for balancing governmental and commercial law interests, and concludes by suggesting reforms to the present civil forfeiture scheme.
The 1990 U.S.F.S.P.A. Amendment: No Bar To Recognition Of Tenancy In Common Interests Created By Pre-’Mccarty’ Divorces That Fail To Divide Military Benefits, William A. Reppy Jr.
The 1990 U.S.F.S.P.A. Amendment: No Bar To Recognition Of Tenancy In Common Interests Created By Pre-’Mccarty’ Divorces That Fail To Divide Military Benefits, William A. Reppy Jr.
Faculty Scholarship
No abstract provided.
Passage Home To India, Mitu Gulati
Rumpelstiltskin (Review Essay), Katharine T. Bartlett
Rumpelstiltskin (Review Essay), Katharine T. Bartlett
Faculty Scholarship
Professor Bartlett's article is one of five commentaries continuing the debate concerning human sexuality and its regulation begun by Judge Richard Posner's in his book, Sex and Reason (1992). Bartlett's essay responds generally to the book and specifically to his application of economic principles to sexuality.
Consensus, Coherence And The European Convention On Human Rights, Laurence R. Helfer
Consensus, Coherence And The European Convention On Human Rights, Laurence R. Helfer
Faculty Scholarship
No abstract provided.
Comment On Derrick Bell’S “Diversity And Academic Freedom”, Paul D. Carrington
Comment On Derrick Bell’S “Diversity And Academic Freedom”, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Regulatory Competition In Securities Markets: An Approach For Reconciling Japanese And United States Disclosure Philosophies, James D. Cox
Regulatory Competition In Securities Markets: An Approach For Reconciling Japanese And United States Disclosure Philosophies, James D. Cox
Faculty Scholarship
No abstract provided.
Rule Of Too Much Law? The New Safety/Soundness Rulemaking Responsibilities Of The Federal Banking Agencies, Lawrence G. Baxter
Rule Of Too Much Law? The New Safety/Soundness Rulemaking Responsibilities Of The Federal Banking Agencies, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
What States Owe Outsiders, Matthew D. Adler
Understanding The Malpractice Wars, Thomas B. Metzloff
Understanding The Malpractice Wars, Thomas B. Metzloff
Faculty Scholarship
No abstract provided.
Buffaloes And A Straw Man, Paul D. Carrington
Buffaloes And A Straw Man, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Constitutional Investigations, H. Jefferson Powell
Constitutional Investigations, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
The Ali, Insitutionalization And Disclosure: The Quest For The Outside Director’S Spine, James D. Cox
The Ali, Insitutionalization And Disclosure: The Quest For The Outside Director’S Spine, James D. Cox
Faculty Scholarship
No abstract provided.
Reply: “Real” Men And History, Jerome M. Culp
Reply: “Real” Men And History, Jerome M. Culp
Faculty Scholarship
No abstract provided.
Water Buffalo And Diversity: Naming Names And Reclaiming The Racial Discourse, Jerome M. Culp
Water Buffalo And Diversity: Naming Names And Reclaiming The Racial Discourse, Jerome M. Culp
Faculty Scholarship
No abstract provided.
Self-Dealing Transactions In Nonprofit Corporations, Deborah A. Demott
Self-Dealing Transactions In Nonprofit Corporations, Deborah A. Demott
Faculty Scholarship
No abstract provided.
Past And Current Trends In The Evolution Of Design Protection Law- A Comment, Jerome H. Reichman
Past And Current Trends In The Evolution Of Design Protection Law- A Comment, Jerome H. Reichman
Faculty Scholarship
No abstract provided.
The University In The Manner Of Tiananmen Square, William W. Van Alstyne
The University In The Manner Of Tiananmen Square, William W. Van Alstyne
Faculty Scholarship
The university academic council assembled in the room where it customarily met.
“Thirty Pieces Of Silver” For The Rights Of Your People: Irresistible Offers Reconsidered As A Matter Of State Constitutional Law, William W. Van Alstyne
“Thirty Pieces Of Silver” For The Rights Of Your People: Irresistible Offers Reconsidered As A Matter Of State Constitutional Law, William W. Van Alstyne
Faculty Scholarship
In recent decades there has arisen a renewed interest in state constitutional law provisions that parallel the provisions in the Bill of Rights and the Fourteenth Amendment.
Children And The Income Tax, Lawrence A. Zelenak
Children And The Income Tax, Lawrence A. Zelenak
Faculty Scholarship
All children are not equal under the federal income tax. The enormous variation in the tax consequences attributable to children suggest a need to evaluate how the income tax adjusts for for family relationships. This article is a comprehensive review of the various ways the Code might adjust tax liabilities to reflect differences in family responsibilities. It begins with a description of current tax benefits to families, some examples of how those benefits work in different situations and a review of proposals for reform.
Marriage And The Income Tax, Lawrence A. Zelenak
Marriage And The Income Tax, Lawrence A. Zelenak
Faculty Scholarship
No abstract provided.
Improving The Summary Jury Trial, Thomas B. Metzloff
Improving The Summary Jury Trial, Thomas B. Metzloff
Faculty Scholarship
Although the summary jury trial has been used for more than a decade, it remains controversial. To improve its value as a "niche" ADR device, litigants should take advantage of its flexibility, focusing especially on its potential as a binding process.
History, Tradition, The Supreme Court, And The First Amendment, Erwin Chemerinsky
History, Tradition, The Supreme Court, And The First Amendment, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
What Do You Think About The Twenty-Seventh Amendment?, William W. Van Alstyne
What Do You Think About The Twenty-Seventh Amendment?, William W. Van Alstyne
Faculty Scholarship
"What do you think about the twenty-seventh amendment," I asked my aching head just last week.
Is The Rehnquist Court Really That Conservative?: An Analysis Of The 1991-92 Term, Erwin Chemerinsky
Is The Rehnquist Court Really That Conservative?: An Analysis Of The 1991-92 Term, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Rule-Making And Policy Formulation In South African Administrative-Law Reform, Lawrence G. Baxter
Rule-Making And Policy Formulation In South African Administrative-Law Reform, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.