Law Commons^™

Disability Benefits And The Ada After Cleveland V. Policy Management Systems, Jessica Barth

Indiana Law Journal

No abstract provided.

The Death Of The Income Tax (Or, The Rise Of America’S Universal Wage Tax), Edward J. Mccaffery

Indiana Law Journal

The killing of the income tax has not been open and notorious: such is not the style of contemporary politics. As with other markers of progressive social policy—the promises of universal health care, Obamacare, come to mind6—the income tax is dying a death by stealth, albeit stealth played out in plain view. The plot lines of the tragedy are apparent. The individual “income” tax has been split in two. One tax, for the masses, is a simple, increasingly formless wage tax. This wage/income tax adds higher brackets onto the payroll tax, the model toward which the wage/income tax aims, to …

Humans, Computers, And Binding Commitment, Margaret Jane Radin

Indiana Law Journal

Addison C. Harris Lecture at the Indiana University School of Law-Bloomington on October 26, 1999.

After Drye: The Likely Attachment Of The Federal Tax Lien To Tenancy-By-The- Entireties Interests, Steve R. Johnson

Indiana Law Journal

No abstract provided.

Is Payne Defensible?: The Constitutionality Of Admitting Victim-Impact Evidence At Capital Sentencing Hearings, Joshua D. Greenberg

Indiana Law Journal

No abstract provided.

How Changes In Property Regimes Influence Social Norms: Commodifying California's Carpool Lanes, Lior Jacob Strahilevitz

Indiana Law Journal

No abstract provided.

The Magic Of Baseball (Keynote Lecture), Roberto Gonzalez Echevarria

Indiana Journal of Global Legal Studies

No abstract provided.

Reconnecting Property Rights To Watersheds, A. Dan Tarlock

William & Mary Environmental Law and Policy Review

No abstract provided.

Unprincipled Exclusions: The Struggle To Achieve Judicial And Legislative Equality For Transgender People, Paisley Currah, Shannon Minter

William & Mary Journal of Race, Gender, and Social Justice

This Article examines recent efforts to enact civil rights statutes for transgender people in the United States. Part I provides an overview of the largely negative case law on the issue of whether transgender people are protected under existing sex, sexual orientation or disability discrimination laws. This context is provided, in part, to explain why transgender rights advocates have turned to the legislative branches of government to secure basic civil rights protections. Part II describes the initial successes that have been achieved as a result of this new focus on political activism and legislation. Part III examines the actual statutory …

The International Bill Of Gender Rights Vs. The Cider House Rules: Transgenders Struggle With The Courts Over What Clothing They Are Allowed To Wear On The Job, Which Restroom They Are Allowed To Use On The Job, Their Right To Marry, And The Very Definition Of Their Sex, Phyllis Randolph Frye

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Beyond The Scope Of Employer Liability: Employer Failure To Address Retaliation By Co-Workers After Title Vii Protected Activity, Elana Olson

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Paving The Road: A Charles Hamilton Houston Approach To Securing Trans Rights, Jennifer Levi

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

En/Gendering Equality: Seeking Relief Under Title Vii Against Employment Discrimination Based On Sexual Orientation, Anthony E. Varona, Jeffrey Monks

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Introduction To The Symposium, (De)Constructing Sex: Transgenderism, Intersexuality, Gender Identity And The Law, Jane Allison Sitton

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Front Pay And Sexual Harrassment Cases: What It Is, Why It Is Important And How To Make It Better, Valerie Harris

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Book Review - Reviewing William D. Popkin, Statutes In Court: The History And Theory Of Statutory Interpretation (1999), Stephen R. Alton

Faculty Scholarship

Book Review Extract:

In his well-written and well-argued book, William D. Popkin delivers on the promise denoted in his title. Part I of the book details the Anglo-American history of statutory interpretation. Part 11 begins by surveying the most important contemporary theories in the field of statutory interpretation. Part 11 ends with the author's rejection of these theories and the exposition of his own theory, which he calls "ordinary judging." Popkin argues that his is "the best perspective for understanding the discretionary judicial role [in interpreting statutes] . . . whereby judges indulge a modest competence to contribute to good …

It's Good To Be The King: Prosecuting Heads Of State And Former Heads Of State Under International Law, Mary Margaret Penrose

Faculty Scholarship

This Article criticizes historical practices regarding the prosecution of sitting and former heads of state. It argues that such persons should stand trial for their alleged crimes. However, as the Article illustrates, state practice and international law as they currently exist offer only limited help toward advancing this goal. Although the Pinochet precedent offers evidence that states may be shifting toward a willingness to prosecute heads of state, Professor Penrose advocates the enactment of prosecutorial rules and regulations and urges countries to take the necessary steps to create an international criminal court so that criminal defendants may be tried in …

Foreword, Richard W. Bauman

Law and Contemporary Problems

No abstract provided.

Connecting Regulations And Competition Law: A Swiss Perspective On Liberalization, Christian Bovet, Philippe Gugler

Law and Contemporary Problems

It is debated whether it is possible to liberalize markets successfully by means of introducing unrestrained competition only, or whether it is necessary to have regulators to supervise the opening of markets in adversarial administrative proceedings. Switzerland's problems and solutions in regards to the liberalization of its telecommunications industry are described.

Keeping The Duty To Warn Patients Of The Risks And Side Effects Of Mass-Marketed Prescription Drugs Where It Belongs: With Their Physicians, Laurie K. Marshall

University of Dayton Law Review

No abstract provided.

How To Stay Out Of Court…Part Ii, David E. Boelzner

Popular Media

No abstract provided.

Approaches To Teaching Contracts: Enriching Case Reports, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.

Faith, Hope, And Rationality Or Public Choice And The Perils Of Occam's Razor, Cynthia R. Farina

Cornell Law Faculty Publications

Reconsidering The Reliance Interest, Christopher W. Frost

Law Faculty Scholarly Articles

This essay discusses the place of Fuller and Perdue's The Reliance Interest in Contract Damages in the contracts classroom. After first describing my use of The Reliance Interest, I will set out what I consider to be the pedagogical benefits of beginning the course with remedies and the attractiveness of Fuller and Perdue's analytical model in conveying an understanding of the remedial structure. Next, I will discuss the views of critics Craswell, Kelly and Barnes. Finally, I will revisit the place of Fuller and Perdue's work in the contracts course in light of these criticisms.

To Know A Veil, Douglas C. Michael

Law Faculty Scholarly Articles

Lawyers, judges, law students, and law professors have a love-hate relationship with the doctrine of “piercing the corporate veil”—the idea that shareholders might sometimes be personally liable for the debts of the corporation. It is the subject covered more than all others in courses on corporation law. It is widely litigated, being the subject of thousands of opinions. Yet, for all this attention, it is routinely vilified by the experts. Most commentators recognize that it is jurisprudence without substance.

This Article is an attempt to form a basis for rigorous analysis of virtually every veil-piercing case and to rid the …

Posner And Erisa: A Survey, Aldo R. Edwards Van Muijen

Connecticut Insurance Law Journal

No abstract provided.

Posner And Moral Hazard, Eric D. Beal

Connecticut Insurance Law Journal

No abstract provided.

Recent Case Developments, Jeffrey W. Stempel

Connecticut Insurance Law Journal

No abstract provided.

Products Liability: User Misconduct Defenses, David G. Owen

Faculty Publications

No abstract provided.

Supreme Court: Enemy Of Freedom - Constitutional Law In Christian School Textbooks, Frances R. A. Paterson

The Journal of Law and Education

No abstract provided.