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Articles 1 - 30 of 50
Full-Text Articles in Law
Understanding The Racial Discourse Of Justice Rehnquist, Jerome Mccristal Culp Jr.
Understanding The Racial Discourse Of Justice Rehnquist, Jerome Mccristal Culp Jr.
Faculty Scholarship
No abstract provided.
Only Girls Wear Barrettes: Dress And Appearance Standards, Community Norms, And Workplace Equality, Katharine T. Bartlett
Only Girls Wear Barrettes: Dress And Appearance Standards, Community Norms, And Workplace Equality, Katharine T. Bartlett
Faculty Scholarship
No abstract provided.
From The Editor: Big Things, Richard A. Danner
From The Editor: Big Things, Richard A. Danner
Faculty Scholarship
No abstract provided.
Legal Hybrids Between The Patent And Copyright Paradigms, Jerome H. Reichman
Legal Hybrids Between The Patent And Copyright Paradigms, Jerome H. Reichman
Faculty Scholarship
No abstract provided.
Lost Opportunity: The Burger Court And The Failure To Achieve Equal Educational Opportunity, Erwin Chemerinsky
Lost Opportunity: The Burger Court And The Failure To Achieve Equal Educational Opportunity, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Administrative And Judicial Review Of Prompt Corrective Action Decisions By The Federal Banking Regulators, Lawrence G. Baxter
Administrative And Judicial Review Of Prompt Corrective Action Decisions By The Federal Banking Regulators, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
The Separation Of The Religious And The Secular: A Foundational Challenge To First Amendment Theory, Laura S. Underkuffler
The Separation Of The Religious And The Secular: A Foundational Challenge To First Amendment Theory, Laura S. Underkuffler
Faculty Scholarship
No abstract provided.
Welcome To The Junta: The Erosion Of Civilian Control Of The U.S. Military, Charles J. Dunlap Jr.
Welcome To The Junta: The Erosion Of Civilian Control Of The U.S. Military, Charles J. Dunlap Jr.
Faculty Scholarship
Colonel Dunlap argues that civilian control of the United States military is eroding as a result of seemingly disparate phenomena. Colonel Dunlap first examines the American tradition of antimilitarism, which he believes no longer effectively restrains the modern armed forces. He then analyzes the effects of the military's elevated public support, the evolving nature of the leadership elite, and the increasing vulnerability of constitutional safeguards to military influence. In an effort to assess the current predicament, Colonel Dunlap introduces the new paradigm of postmodern militarism that challenges traditional notions of civilian control. Noting the potential long-term implications of excessive military …
Jag Goes To War: The Desert Shield Deployment, Scott L. Silliman
Jag Goes To War: The Desert Shield Deployment, Scott L. Silliman
Faculty Scholarship
No abstract provided.
William Gardiner Hammond And The Lieber Revival, Paul D. Carrington
William Gardiner Hammond And The Lieber Revival, Paul D. Carrington
Faculty Scholarship
No abstract provided.
A Manifesto Concerning The Legal Protection Of Computer Programs, Jerome H. Reichman
A Manifesto Concerning The Legal Protection Of Computer Programs, Jerome H. Reichman
Faculty Scholarship
No abstract provided.
Whose International Law?: Sovereignty And Non-State Groups, Benedict Kingsbury
Whose International Law?: Sovereignty And Non-State Groups, Benedict Kingsbury
Faculty Scholarship
This is the first of three keynote panels at this 88th Annual Meeting, under the overarching theme of "The Transformation of Sovereignty."
The Qur’An And The Common Law: Islamic Law Reform And The Theory Of Legal Change (Part 1), Donald L. Horowitz
The Qur’An And The Common Law: Islamic Law Reform And The Theory Of Legal Change (Part 1), Donald L. Horowitz
Faculty Scholarship
Part I of a two part article.
The Alchemy Of Asset Securitization, Steven L. Schwarcz
The Alchemy Of Asset Securitization, Steven L. Schwarcz
Faculty Scholarship
No abstract provided.
Contract Failure In The Market For Health Services, Clark C. Havighurst
Contract Failure In The Market For Health Services, Clark C. Havighurst
Faculty Scholarship
Professor Havighurst examines the claim that the United States is overspending on health care. Finding much of the evidence inconclusive, he nevertheless finds one clear cause of allocative inefficiency to be unwise tax subsidies for the purchase of private health insurance. He avers, however, that a more serious problem is the market's failure to offer consumers a full range of health care choices, specifically low-cost options. Here, he makes the novel claim that overspending on health care is attributable to the failure of private contracts to specify the precise character and scope of the health services to be provided and …
Legal Education For The People: Populism And Civic Virtue, Paul D. Carrington
Legal Education For The People: Populism And Civic Virtue, Paul D. Carrington
Faculty Scholarship
No abstract provided.
The First Amendment: When The Government Must Make Content-Based Choices, Erwin Chemerinsky
The First Amendment: When The Government Must Make Content-Based Choices, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Afterword: Shaw V. Reno, Robinson O. Everett
Afterword: Shaw V. Reno, Robinson O. Everett
Faculty Scholarship
No abstract provided.
There Is Still So Much To Learn From Legislation, Catherine Fisk
There Is Still So Much To Learn From Legislation, Catherine Fisk
Faculty Scholarship
No abstract provided.
Sex, Lies, And Dissipation: The Discourse Of Fault In A No-Fault Era, Katharine T. Bartlett, Barbara Bennett Woodhouse
Sex, Lies, And Dissipation: The Discourse Of Fault In A No-Fault Era, Katharine T. Bartlett, Barbara Bennett Woodhouse
Faculty Scholarship
No abstract provided.
Repealing The Law Of Unintended Consequences? Comment On Walker (2), Thomas D. Rowe Jr.
Repealing The Law Of Unintended Consequences? Comment On Walker (2), Thomas D. Rowe Jr.
Faculty Scholarship
Commentary on, Laurens Walker, Avoiding Surprise From Federal Civil Rule Making: The Role of Economic Analysis, 23 Journal of Legal Studies 569 (1994).
An Antidote To Anecdotes, Neil Vidmar
An Antidote To Anecdotes, Neil Vidmar
Faculty Scholarship
Reviewing, Frank A. Sloan, et al., Suing for Medical Malpractice (1993)
Rediscovering Conservatism: Burkean Political Theory & Constitutional Interpretation, Ernest A. Young
Rediscovering Conservatism: Burkean Political Theory & Constitutional Interpretation, Ernest A. Young
Faculty Scholarship
Recent decisions of the Rehnquist Court--particularly the Court's 1992 decision in Planned Parenthood v. Casey--have caused many to question widely-held assumptions about the meaning of judicial conservatism. In this article, Ernest Young argues that the views of the modern judicial "conservatives" such as Judge Robert Bork and Justice Antonin Scalia are antithetical to classical conservative political theory, as exemplified by the writings and speeches of the eighteenth-century British philosopher/politician Edmund Burke. In particular, Mr. Young argues that strict adherence to the original understanding of the Constitution, judicial deference to democratic majorities, and formulation of legal directives as bright-line rules are …
An Analysis Of Mass Torts For Judges, Francis Mcgovern
An Analysis Of Mass Torts For Judges, Francis Mcgovern
Faculty Scholarship
No abstract provided.
Black People In White Face: Assimilation, Culture, And The Brown Case, Jerome M. Culp
Black People In White Face: Assimilation, Culture, And The Brown Case, Jerome M. Culp
Faculty Scholarship
No abstract provided.
A Fundamental Inquiry Into The Statutory Rulemaking Process Of Private Legislatures, Steven L. Schwarcz
A Fundamental Inquiry Into The Statutory Rulemaking Process Of Private Legislatures, Steven L. Schwarcz
Faculty Scholarship
This Article examines the private rulemaking proces under which uniform state laws are formulated. It suggests that deficiencies may arise from the failure of rulemakers to step back and ask fundamental questions about the consequences of the rules being proposed and sets forth a framework for asking these questions. As part of this framework, the Article identifies and explores the meaning of underlying statutory policies, such as consistency and fairness. Although the Article's focus is on private rulemaking, it's conclusions are shown to be relevent to public rulemaking and possibly even to judicial decisionmaking.
Are Juries Competent To Decide Liability In Tort Cases Involving Scientific/Medical Issues? Some Data From Medical Malpractice, Neil Vidmar
Faculty Scholarship
No abstract provided.
Colorblind Remedies And The Intersectionality Of Oppression: Policy Arguments Masquerading As Moral Claims, Jerome M. Culp
Colorblind Remedies And The Intersectionality Of Oppression: Policy Arguments Masquerading As Moral Claims, Jerome M. Culp
Faculty Scholarship
One of the myths we tell children and law students is that the law is or can be colorblind.
From The Editor: It’S The Network!, Richard A. Danner
From The Editor: It’S The Network!, Richard A. Danner
Faculty Scholarship
No abstract provided.
Do You Have The Right To Remain Silent?: Duties Of Disclosure In Buisness Transactions, Deborah A. Demott
Do You Have The Right To Remain Silent?: Duties Of Disclosure In Buisness Transactions, Deborah A. Demott
Faculty Scholarship
No abstract provided.