Law Commons^™

Should Unclos Or Gatt/Wto Decide Trade And Environment Disputes?, Lakshman D. Guruswamy

Publications

No abstract provided.

Notice And Notification Under The Revised Uniform Partnership Act: Some Suggested Changes, J. Dennis Hynes

Publications

This Article addresses the decision by the drafters of the revised Uniform Partnership Act (1996) (RUPA) to reduce the traditional defenses available to partnerships in apparent authority cases. RUPA eliminated the requirement that apparent authority claims against a partnership be based on the claimant's reasonable expectations. Under RUPA a partnership is liable for a partner's unauthorized act even when the claimant had reason to know the act was unauthorized. A defense based on the claimant's knowledge is effective only when the claimant actually knows--is cognitively aware--that the act was unauthorized. This Article argues that this places an unfair burden on …

Judicial Supremacy And The Settlement Function, Robert F. Nagel

Publications

No abstract provided.

The Execution Of Search Warrants, H. Patrick Furman

Publications

No abstract provided.

Sex And The Social Order: The Selective Enforcement Of Colonial American Adultery Laws In The English Context, Carolyn B. Ramsey

Publications

No abstract provided.

The Promise Of The United Nations Convention On The Law Of The Sea (Unclos): Justice In Trade And Environment Disputes, Lakshman Guruswamy

Publications

No abstract provided.

Dangers Of Monetary Commensurability: A Psychological Game Model Of Contagion, Peter H. Huang

Publications

No abstract provided.

Introduction: Symposium On Constitutional Elitism, Robert F. Nagel

Publications

No abstract provided.

The Federal Psychotherapist-Patient Privilege After Jaffee: Truth And Other Values In A Therapeutic Age, Christopher B. Mueller

Publications

No abstract provided.

Tapping Rainy Day Funds For The Reluctant Entrepreneur: Downsizing, Paternalism, And The Internal Revenue Code, Edward J. Gac, Wayne M. Gazur

Publications

No abstract provided.

Indian Tribal Rights And The National Forests: The Case Of The Aboriginal Lands Of The Nez Perce Tribe, Charles F. Wilkinson

Publications

No abstract provided.

Subtracting Sexism From The Classroom: Law And Policy In The Debate Over All-Female Math And Science Classes In Public Schools, Carolyn B. Ramsey

Publications

No abstract provided.

Customary International Law, S. James Anaya

Publications

No abstract provided.

Addressing An Industrywide Health Insurance Crisis By Spreading The Cost: Has Congress Violated The Constitution?, Jay E. Grenig

Faculty Publications

No abstract provided.

Book Review Of Patent Law Index, James S. Heller

Library Staff Publications

No abstract provided.

Catholic Judges In Capital Cases, Amy Coney Barrett, John H. Garvey

Journal Articles

The Catholic Church's opposition to the death penalty places Catholic judges in a moral and legal bind. While these judges are obliged by oath, professional commitment, and the demands of citizenship to enforce the death penalty, they are also obliged to adhere to their church's teaching on moral matters. Although the legal system has a solution for this dilemma by allowing the recusal of judges whose convictions keep them from doing their job, Catholic judges will want to sit whenever possible without acting immorally. However, litigants and the general public are entitled to impartial justice, which may be something a …

On Teaching Legal Ethics With Stories About Clients, Thomas L. Shaffer

Journal Articles

The comparison I have in mind is between what goes on at Notre Dame and what goes on in one of Professor James Boyd White's law and literature classes at the University of Michigan. Both classes use provocation. White provokes his students with an array of assigned readings, all of them about people, not all of them about law, ranging from Homer and Plato to Fowler on the split infinitive and the autobiography of Dick Gregory. We provoke our students with a parade of accounts from our members, accounts of people they think they can help.

White's enterprise is, I …

The Off-Reservation Garnishment Of An On-Reservation Debt And Related Issues In The Cross-Boundary Enforcement Of Money Judgements, Robert Laurence

American Indian Law Review

No abstract provided.

Dependent Independence: Application Of The Nunavut Model To Native Hawaiian Sovereignty And Self-Determination Claims, Jeffrey Wutzke

American Indian Law Review

No abstract provided.

A Review Of The 1990s And A Look At What's Ahead, Douglas B.L. Endreson

American Indian Law Review

No abstract provided.

The P.R.C.'S Negotiable Instruments Law: An Instrument For Facilitating Private Economic Activity Or Monetary Control?, Kara Phillips, Amy Sommers

Faculty Articles

This article discusses China’s market reforms, and how negotiable instruments have played an increasingly important role in China’s economy. The Negotiable Instruments Law, which came into effect January 1, 1996, consists of seven chapters, covering General Provisions, Drafts, Promissory Notes, Checks, Applicability of the Law to Foreign Negotiable Instruments, Legal Responsibilities, and Supplementary Provisions. This article illustrates that while the Negotiable Instruments Law constitutes a comprehensive financial statute; its scope is narrow in that it addresses negotiable instruments primarily in the context of banking transactions. This is especially apparent in the case of promissory notes that are regulated solely in …

Taller Internacional Sobre Formación De Capacidades Para El Manejo De Las Costas Y Los Océanos En El Gran Caribe (International Workshop On Management Capacity Building For Coasts And Oceans In The Wider Caribbean, Havana, Cuba), Aldo Chircop

Reports & Public Policy Documents

Spanish Abstract: El Taller Internacional sobre Formación de Capacidades para el Manejo de Costas y los Océanos en el Gran Caribe tue organizado conjuntamente por la Universidad de la Habana, el Comité Oceanógrafico Nacional de Cuba (CON) y el Instituto de los Océanos de Canadá (IOC), y recibió el apoyo del Programa Gubernamental para la Sustentabilidad de los Océanos de la Agencia Canadiense para el Desarrollo Internacional (ACDI), del Centro de Investigación para el Desarrollo Internacional (CIDI), y de la Comisión Oceanógrafica Intergubernamental de la U N E S C O . Fue organizado en respuesta a iniciativas recientes para …

How Green Was Common Law?, David Schoenbrod

Other Publications

No abstract provided.

Castles In The Sand: Balancing Public Custom And Private Ownership Interests On Oregon’S Beaches, Steven W. Bender

Faculty Articles

Although much has been written about Oregon's unique legacy of public privilege to use private beaches, scholarship has tended to focus on articulation as well as spirited critique of the custom doctrine. More recently, commentators have addressed the question of whether the public's beach rights can withstand scrutiny under the constitutional takings doctrine. In contrast, this article assumes that the custom doctrine is sufficiently embedded in Oregon's history and case law as precedent to withstand reconsideration of the doctrine and to constitute a background principle of state law for purposes of the takings doctrine. With these assumptions, the article examines …

The Guardian Ad Litem In Child Custody Cases: The Contours Of Our Judicial System Stretched Beyond Recognition, Raven Lidman, Betsy Hollingsworth

Faculty Articles

This article discusses the role of the guardian ad litem, as Part I dissects each of the five potential guardian ad litem roles: Lawyer, Expert Witness, investigator/Lay Witness, Mediator/Facilitator, and Party. For each role, this section explores: how the well-known role is typically performed within the court system as a whole; how that role might be performed in a custody case, consistent with its occurrence elsewhere in the judicial system; and how that role, when held by a guardian ad litem, actually is performed in a custody context. Part II endeavors to explain how the guardian ad litem figure has …

Resurrecting The General Utilities Doctrine, Lily Kahng

Faculty Articles

This article examines the finance literature exploring the causes and consequences of takeovers and concludes that the policies underlying General Utilities repeal were misguided. This article finds that repeal of the General Utilities doctrine has made inefficient acquisitions more attractive while making efficient ones less attractive. Furthermore, repeal of the General Utilities doctrine has reduced the attractiveness of the most efficient means by which managers can divest themselves of the product of their past acquisitiveness. This article concludes that certain aspects of the doctrine should be reinstated.

The Dream That Will Not Die: Martin Luther King, Jr., And The Continuing American Revolution, Henry Mcgee

Faculty Articles

Professor Henry W. McGee, Jr. reviews Bearing the Cross: Martin Luther King, Jr. and the Southern Christian Leadership Conference, By David J. Garrow. Bearing the Cross depicts Dr. Martin Luther King, Jr., while neither a lawyer nor a judge, belonged in the pantheon of American constitutional giants. From the Gethsemane of an Alabama jail, Dr. King carried the cross of freedom to the steps of the Lincoln Memorial, and ultimately to his own crucifixion on the balcony of a Memphis motel. The story of how a black Baptist minister caused the Constitution to be applied to all Americans is one …

Standing On The Corner--Trying To Find Our Way, W. H. Knight

Faculty Articles

In this article, the author outlines academic presentations that have evoked in him a particularly emotional response. The effectiveness and importance of these presentations is judged by their groundedness, as they deal with the topic of law intersecting with the everyday lives of ordinary people. Generally, the author draws attention to a theme of social justice in academia.

The Continuing Relevance Of Section 8(A)(2) To The Contemporary Workplace, Michael C. Harper

Michigan Law Review

After embarking on his illustrious career as a legal academic, Theodore St. Antoine, through a multitude of roles, including those of scholar, teacher, administrator, pragmatic law reformer, and arbitrator, made innumerable contributions to the practice and development of many parts of American law. For most of us, however, as a scholar he will be associated primarily with the system of collective bargaining established and encouraged by the National Labor Relations Act (NLRA) and its progeny. During the first part of Professor St. Antoine's years as an academic, this system continued to flourish in America, as he, along with other legal …

Foreign Banking Legislation In The U.S., Jun Chen

LLM Theses and Essays

This thesis addresses the dramatic change in legislation for the operation of foreign banks in the U.S in reaction to more recent myriad of opportunities for foreign banks within the U.S. The author takes on an historical perspective to the nature and concept of foreign banking, the International Banking Act of 1978, the Foreign Bank Supervision Enhancement Act of 1991, and the problems and lessons learned from the Daiwa and BCCI scandals. The author concludes with analysis and comments on current U.S. foreign banking legislation while proposing that U.S. banking regulations on foreign banks, though necessary to protect the U.S. …