Law Commons^™

Sovereign Debt Restructuring: A Bankruptcy Reorganization Approach, Steven L. Schwarcz

Faculty Scholarship

No abstract provided.

Law Libraries And Technology, Richard A. Danner

Faculty Scholarship

No abstract provided.

The Rehnquist Court & Justice: An Oxymoron?, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Prosecutorial Immunity, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Dialogue On State Action, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

In Defense Of The Big Tent: The Importance Of Recognizing The Many Audiences For Legal Scholarship, Erwin Chemerinsky, Catherine Fisk

Faculty Scholarship

No abstract provided.

Commenting On Student Writing, Beth Cohen, Jocelyn Cuffee, Harris Freeman, Jeanne M. Kaiser, Myra G. Orlen

Faculty Scholarship

The Authors from Western New England College School of Law discuss perspectives on and approaches to responding to student writing.

The Intersection Of Peremptory Challenges, Challenges For Cause, And Harmless Error, William G. Childs

Faculty Scholarship

The Author provides a history and overview of peremptory challenges and their relationship with challenges for cause. Part I of the Article outlines the various types of state statutes and state case law related to the mandatory or permissive use of peremptory challenges to correct perceived error in deciding challenges for cause.

Part II includes a discussion of the current law of error analysis in the federal courts and recent trends in that area of law. Part III consists of a review of the Supreme Court case law involving error analysis and peremptory challenges. This Part examines the specific situation, …

Leveling The Playing Field: Reforming The Office For Civil Rights To Achieve Better Title Ix Enforcement, Sudha Setty

Faculty Scholarship

In this Article the Author discusses improving Title IX compliance in athletic programs by reforming the Office for Civil Rights ("OCR"), the agency within the Department of Education responsible for Title IX enforcement. The Author addresses several problem areas within OCR's procedures, including OCR's approach toward student grievances, its standards for assessing alleged Title IX violations, and its inadequate monitoring and enforcement of institutions in violation of Title IX.

Part I introduces the history of Title IX. Part II describes the legislation and regulations that mandate gender equity in educational institutions. Part III summarizes the case law that has affected …

Cross-Border Bank Branching Under The Nafta: Public Choice And The Law Of Corporate Groups, Eric J. Gouvin

Faculty Scholarship

This Article examines a question left unresolved after the negotiation of the North American Free Trade Agreement (NAFTA): whether the banks of the member countries should be permitted to engage in the business of banking in the other member countries simply by branching across national borders. Under present law, the United States permits branching subject to extensive restrictions, while Canada and Mexico permit access to their banking markets only by acquisition or establishment of institutions chartered in their countries. While the NAFTA does not provide for unfettered branching across national borders, article 1403(3) of the NAFTA left the issue of …

The Right To Counsel In Collateral, Post-Conviction Proceedings, Daniel Givelber

Maryland Law Review

No abstract provided.

In Defense Of The Imprecise Definition Of Commercial Speech, Nat Stern

Maryland Law Review

No abstract provided.

Hayekian Socialism , Richard A. Epstein

Maryland Law Review

No abstract provided.

The Tort Liability Regime And The Duty To Defend , Ellen S. Pryor

Maryland Law Review

No abstract provided.

Democracy And Inclusion: Reconceptualizing The Role Of The Judge In A Pluralist Polity, Sylvia R. Lazos Vargas

Maryland Law Review

No abstract provided.

Agostini V. Felton: Shifting The Evidentiary Burden In Establishment Clause Challenges Back To The Plaintiff, Brian Saccenti

Maryland Law Review

No abstract provided.

A Tale Of The Apocryphal Axe: Repair, Reconstruction, And The Implied License In Intellectual Property Law, Mark D. Janis

Maryland Law Review

No abstract provided.

Magnificent Failure Revisited: Modern Maryland Constitutional Law From 1967 To 1998, Dan Friedman

Maryland Law Review

No abstract provided.

When Does A Work Infringe The Derivative Works Right Of A Copyright Owner?, Amy B. Cohen

Faculty Scholarship

Consider the following fact situation: A, an artist, designs art work and registers the copyright in that art work. A then licenses P to publish note cards using the art work. The note cards are published by P and distributed to retail card stores. T purchases several hundred cards and then takes each card, glues it carefully to a ceramic tile, and sells the tiles for a profit as "tile art" that purchasers can use to decorate walls, counters, even floors. If A now sues T for copyright infringement, how should the court rule? Has T infringed A's copyright?

In …

Attorney Expertise, Litigant Success, And Judicial Decisionmaking In The U.S. Courts Of Appeals, Stefanie A. Lindquist, Susan Brodie Haire, Roger E. Hartley

Scholarship@WashULaw

In the U.S. legal system, litigants frequently retain counsel to represent their interests in civil cases, particularly when the stakes are high. Scholarly work and anecdotal evidence suggest that variation in the quality of advocacy has the potential to affect litigant success. We examine the relationship between attorney characteristics, case outcomes, and judicial voting in products liability decisions of the U.S. Courts of Appeals. Our analysis found some differences in the levels of experience and specialization of counsel representing defendants and plaintiffs and that counsel expertise was, at times, related to litigant success. In a multivariate model of decisionmaking, judges …

Pathways To Corporate Convergence? Two Steps On The Road To Shareholder Capitalism In Germany, Jeffrey N. Gordon

Faculty Scholarship

One of the most interesting current debates in corporate law is whether worldwide corporate governance will ultimately converge on a single model in light of the increasing globalization of capital markets, and if so, whether it will be an Anglo-American model whose features are shaped by the shareholder primacy norm. Convergence skeptics have focused on the embeddedness of governance systems in national political structures that tend to protect both entrenched insider interests and non-shareholder constituencies against the incursions of Anglo-American governance agendas. Convergence optimists have focused on the evolutionary pressures of competitive international capital markets and on the tendency of …

Lawyer Disclosure To Prevent Death Or Bodily Injury: A New Look At Spaulding V. Zimmerman, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

A Helpful And Efficient Irs: Some Simple And Powerful Suggestions, Joshua D. Rosenberg

Kentucky Law Journal

No abstract provided.

Putting The Cart Before The Horse: Agostini V. Felton Blurs The Line Between Res Judicata And Equitable Relief, Michael R. Tucci

Case Western Reserve Law Review

No abstract provided.

Patent "Monopolyphobia": A Means Of Extinguishing The Fountainhead ?, Simone A. Rose

Case Western Reserve Law Review

No abstract provided.

Service Over The "Net": Principles Of Contract Law In Conflict, Jody Storm Gale

Case Western Reserve Law Review

No abstract provided.

Updating Romer V. Evans: The Implications Of The Supreme Court's Denial Of Certiorari In Equality Foundation Of Greater Cincinnati V. City Of Cincinnati, James E. Barnett

Case Western Reserve Law Review

No abstract provided.

Masthead, Volume 49 Issue 3 (1999)

Case Western Reserve Law Review

No abstract provided.

The Apparent Manufacturer Doctrine, Trademark Licensors And The Third Restatement Of Torts, David J. Franklyn

Case Western Reserve Law Review

No abstract provided.

Educational Vouchers And The Religion Clauses Under Agostini: Resurrection, Insurrection And A New Direction, Kimberly M. Deshano

Case Western Reserve Law Review

No abstract provided.