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Articles 8431 - 8460 of 8631
Full-Text Articles in Law
Substance And Procedure In Capital Cases: Why Federal Habeas Courts Should Review The Merits Of Every Death Sentence, Joseph L. Hoffmann
Substance And Procedure In Capital Cases: Why Federal Habeas Courts Should Review The Merits Of Every Death Sentence, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.
Reconciling The Juridical Links Doctrine With The Federal Rules Of Civil Procedure And Article Iii, William D. Henderson
Reconciling The Juridical Links Doctrine With The Federal Rules Of Civil Procedure And Article Iii, William D. Henderson
Articles by Maurer Faculty
Over the past three decades, the juridical link and concerted action exceptions have evolved from dicta in the Ninth Circuit's decision in La Mar to an amorphous and undertheorized body of case law that has dangerously merged procedural and jurisdictional issues. Drawing on the principles of class action jurisprudence set forth by the Supreme Court in Amchem and Ortiz, lower courts should consider the issues of class certification and Rule 20(a) joinder before turning to the issue of standing under Article III. Under this approach, courts would not be able to reconcile much of the juridical links case law with …
Globalization And The U.S. Market In Legal Services: Shifting Identities, Carole Silver
Globalization And The U.S. Market In Legal Services: Shifting Identities, Carole Silver
Articles by Maurer Faculty
The article examines the international activities of various segments of the U.S. legal profession and analyzes the impact of these activities on the domestic market in legal services. It takes an empirical approach to the question of how international activities have shaped the profession by chronicling the foreign office activity of more than 70 of the largest U.S. firms. The data presented facilitates new insight into the ways in which U.S. lawyers participate in the international market in legal services. The article reveals that internationalization has resulted in the homogenization of the largest U.S. firms, as they increasingly compete for …
Personal Law And Human Rights In India And Israel, Jayanth K. Krishnan, Marc Galanter
Personal Law And Human Rights In India And Israel, Jayanth K. Krishnan, Marc Galanter
Articles by Maurer Faculty
No abstract provided.
On Courts Herding Cats: Contending With The "Written Description" Requirement (And Other Unruly Patent Disclosure Doctrines), Mark D. Janis
On Courts Herding Cats: Contending With The "Written Description" Requirement (And Other Unruly Patent Disclosure Doctrines), Mark D. Janis
Articles by Maurer Faculty
No abstract provided.
Inter Partes Patent Reexamination, Mark D. Janis
Inter Partes Patent Reexamination, Mark D. Janis
Articles by Maurer Faculty
No abstract provided.
The Importance Of Being Comparative: M. Dale Palmer Professorship Inaugural Lecture, Daniel H. Cole
The Importance Of Being Comparative: M. Dale Palmer Professorship Inaugural Lecture, Daniel H. Cole
Articles by Maurer Faculty
No abstract provided.
Delgamuukw And The Protection Of Aboriginal Land Interests, Gordon Christie
Delgamuukw And The Protection Of Aboriginal Land Interests, Gordon Christie
All Faculty Publications
To determine the extent to which Aboriginal title-holders enjoy control over Aboriginal title lands, it is necessary to explore fiduciary doctrine, for the application of this doctrine to the question of legislative infringement determines the limits within which Aboriginal title-holders can expect to see their interests respected. In Delgamuukw the Supreme Court of Canada adopted and applied an understanding of the Crown-Aboriginal fiduciary relationship it developed in Gladstone. In so doing the Supreme Court set out the power of Canadian governments to control the uses to which Aboriginal title lands can be put. Ironically, since Aboriginal title is characterized by …
History And The Eleventh Amendment, John V. Orth
History And The Eleventh Amendment, John V. Orth
Faculty Publications
No abstract provided.
The Role Of Dispute Settlement In World Trade Law: Some Lessons From The Kodak-Fuji Dispute, John Linarelli
The Role Of Dispute Settlement In World Trade Law: Some Lessons From The Kodak-Fuji Dispute, John Linarelli
Scholarly Works
No abstract provided.
Discrimination And Business Regulation (The Supreme Court And Local Government Law: The 1999-2000 Term), Eileen Kaufman
Discrimination And Business Regulation (The Supreme Court And Local Government Law: The 1999-2000 Term), Eileen Kaufman
Scholarly Works
No abstract provided.
Appropriation & Transculturation In The Creation Of Community, Deborah W. Post
Appropriation & Transculturation In The Creation Of Community, Deborah W. Post
Scholarly Works
No abstract provided.
Seeing Through "The Glass Ceiling": A Response To Professor Angel, Dan Subotnik
Seeing Through "The Glass Ceiling": A Response To Professor Angel, Dan Subotnik
Scholarly Works
No abstract provided.
Law, Ethics, And Religion In The Public Square: Principles Of Restraint And Withdrawal, Samuel J. Levine
Law, Ethics, And Religion In The Public Square: Principles Of Restraint And Withdrawal, Samuel J. Levine
Scholarly Works
In recent years, scholars have begun to recognize and discuss the profound questions that arise in attempting to determine the place of religion in the law and the legal profession. This discussion has emerged on at least two separate yet related levels. On one level, scholars have debated the place of religion in various segments of the public sphere, including law and politics. On a second level, lawyers have expressed the aim to place their professional values and obligations in the context of their overriding religious obligations. This article explores, from both an ethical and jurisprudential perspective, the question of …
"A" Students Go To Court: Is Membership In The National Honor Society A Cognizable Legal Right?, Thomas A. Schweitzer
"A" Students Go To Court: Is Membership In The National Honor Society A Cognizable Legal Right?, Thomas A. Schweitzer
Scholarly Works
No abstract provided.
The Salience Of Race, Deborah W. Post
Preface To The Gateway Thread, Deborah W. Post
Dismantling Democracy: Common Sense And The Contract Jurisprudence Of Frank Easterbrook, Deborah W. Post
Dismantling Democracy: Common Sense And The Contract Jurisprudence Of Frank Easterbrook, Deborah W. Post
Scholarly Works
No abstract provided.
Recent Supreme Court Employment Law Developments, Douglas D. Scherer, Olati Johnson
Recent Supreme Court Employment Law Developments, Douglas D. Scherer, Olati Johnson
Scholarly Works
No abstract provided.
Marketing Goods, Marketing Images: The Impact Of Advertising On Race, Deseriee A. Kennedy
Marketing Goods, Marketing Images: The Impact Of Advertising On Race, Deseriee A. Kennedy
Scholarly Works
No abstract provided.
Teaching Interdisciplinarily: Law And Literature As Cultural Critique, Deborah Waire Post
Teaching Interdisciplinarily: Law And Literature As Cultural Critique, Deborah Waire Post
Scholarly Works
No abstract provided.
Increasing Access To Emergency Contraceptive Pills Through State Law Enabled Dependent Pharmacist Prescribers, Heather M. Field
Increasing Access To Emergency Contraceptive Pills Through State Law Enabled Dependent Pharmacist Prescribers, Heather M. Field
Faculty Scholarship
No abstract provided.
Mission Impossible?: Ethical Community Lawyering, Shauna Marshall
Mission Impossible?: Ethical Community Lawyering, Shauna Marshall
Faculty Scholarship
No abstract provided.
Toward The Restorative Constitution: A Restorative Justice Critique Of Anti-Gang Public Nuisance Injunctions, Joan W. Howarth
Toward The Restorative Constitution: A Restorative Justice Critique Of Anti-Gang Public Nuisance Injunctions, Joan W. Howarth
Scholarly Works
Gang members from elsewhere congregated on lawns, on sidewalks, and in front of apartment complexes at all hours. They displayed a casual contempt for notions of law, order, and decency -- openly drinking, smoking dope, sniffing toluene, and even snorting cocaine laid out in neat lines on the hoods of residents' cars. San Jose prosecutors responded by obtaining and enforcing a broad injunction against the gangs and their members, based on the finding that the gangs' activities constituted a public nuisance. California prosecutors have sought such anti-gang public nuisance injunctions since 1987. Their constitutionality was in doubt for ten years …
Exploring The Law Of Law Teaching: A Feminist Process, Kathryn M. Stanchi
Exploring The Law Of Law Teaching: A Feminist Process, Kathryn M. Stanchi
Scholarly Works
No abstract provided.
The Implementation Of Oregon’S Death With Dignity Act: Reassuring, But More Data Are Needed, David Orentlicher
The Implementation Of Oregon’S Death With Dignity Act: Reassuring, But More Data Are Needed, David Orentlicher
Scholarly Works
Undoubtedly, empirical data from Oregon will play a key role for academics, legislators, judges, and the public as debate over the legalization of physician-assisted suicide continues. A central issue in the debate is whether a right to assisted suicide can be limited to only the truly compelling cases, or whether it will in practice be provided to patients who choose it out of depression, coercion, or misunderstanding. Empirical research can provide critical insights into this question.
Employment Discrimination In Higher Education, Oren R. Griffin, Thomas P. Hustoles
Employment Discrimination In Higher Education, Oren R. Griffin, Thomas P. Hustoles
Articles, Chapters in Books and Other Contributions to Scholarly Works
During 1999, the most significant development in employment discrimination law involving colleges and universities, by a large margin, was a series of cases affirming that Eleventh Amendment immunity from private money damage claims brought pursuant to various federal employment discrimination statutes applied to state colleges and universities. This development eventually culminated in the Supreme Court's year 2000 decision in Kimel v. Florida Board of Regents.' Numerous other interesting decisions were rendered that, although not creating any bold new law, either affirmed trends in past cases, or illustrated important practical implications for generally predicting judicial outcomes given certain fact patterns. After …
Case Notes: State V. Jackson: Warning - Roadblock Ahead! Louisiana Creates Log Jam Of Search And Seizure Analysis, Marc L. Roark
Case Notes: State V. Jackson: Warning - Roadblock Ahead! Louisiana Creates Log Jam Of Search And Seizure Analysis, Marc L. Roark
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Injuries, Remedies, Moral Rights, And The Public Domain, Robert Spoo
Injuries, Remedies, Moral Rights, And The Public Domain, Robert Spoo
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Judicial Termination Of Treaty Water Rights: The Snake River Case, Judith Royster, Michael C. Blumm, Dale D. Goble, Mary Christina Wood
Judicial Termination Of Treaty Water Rights: The Snake River Case, Judith Royster, Michael C. Blumm, Dale D. Goble, Mary Christina Wood
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.