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Articles 1 - 30 of 41
Full-Text Articles in Law
"An Unqualified Human Good": E.P. Thompson And The Rule Of Law, Daniel H. Cole
"An Unqualified Human Good": E.P. Thompson And The Rule Of Law, Daniel H. Cole
Articles by Maurer Faculty
The late EP Thompson described himself as "a historian in the Marxist tradition." But when he embraced the Rule of Law (in Whigs and Hunters), many of his colleagues on the left ostracized him as an apostate. This essay argues that Thompson's critics have largely misunderstood what he meant by the Rule of Law. His was a minimal and historical conception, which merely sought to distinguish states whose rulers had unfettered discretion from states whose rulers were constrained by legal rules, whatever their source and contents. Also, in contrast to other radical theorists, Thompson recognized that law would be a …
The Globalization Of Public Health: The First 100 Years Of International Health Diplomacy, David P. Fidler
The Globalization Of Public Health: The First 100 Years Of International Health Diplomacy, David P. Fidler
Articles by Maurer Faculty
Global threats to public health in the 19th century sparked the development of international health diplomacy. Many international regimes on public health issues were created between the mid-19th and mid-20th centuries. The present article analyses the global risks in this field and the international legal responses to them between 1851 and 1951, and explores the lessons from the first century of international health diplomacy of relevance to contemporary efforts to deal with the globalization of public health.
Erisa Preemption And The Case For A Federal Common Law Of Agency Governing Employer-Administrators, Joshua Fairfield
Erisa Preemption And The Case For A Federal Common Law Of Agency Governing Employer-Administrators, Joshua Fairfield
Articles by Maurer Faculty
No abstract provided.
The Fight Against Global Terrorism: Self-Defense Or Collective Security As International Police Action? Some Comments On The International Legal Implications Of The "War Against Terrorism", Jost Delbruck
Articles by Maurer Faculty
No abstract provided.
Hard Cases For Autonomy, Respect, And Professionalism In Medical Genetics, Roger B. Dworkin
Hard Cases For Autonomy, Respect, And Professionalism In Medical Genetics, Roger B. Dworkin
Articles by Maurer Faculty
No abstract provided.
Federal Tax Collection Controversies In The Era Of Drye, Steve R. Johnson
Federal Tax Collection Controversies In The Era Of Drye, Steve R. Johnson
Articles by Maurer Faculty
By "tax collection controversies," I mean cases in which it has been established that the taxpayer owes additional taxes, those taxes remain unpaid, and the IRS is attempting to enforce collection out of the taxpayer's assets. Such cases are numerous and involve attorneys in general legal practice as well as tax specialists. For example, the taxpayer may be your client for non-tax matters, and may expect you to handle her tax collection controversy as well. Or, your client may not be the taxpayer herself, but instead someone who co-owns property with the taxpayer. Your client expects you to make sure …
Law And The "Other": Karl N. Llewellyn, Cultural Anthropology, And The Legacy Of The Cheyenne Way, Ajay K. Mehrotra
Law And The "Other": Karl N. Llewellyn, Cultural Anthropology, And The Legacy Of The Cheyenne Way, Ajay K. Mehrotra
Articles by Maurer Faculty
No abstract provided.
The Free Exercise Clause: How Redundant, And Why?, Daniel O. Conkle
The Free Exercise Clause: How Redundant, And Why?, Daniel O. Conkle
Articles by Maurer Faculty
This article responds to Professor Mark Tushnet's article, "The Redundant Free Exercise Clause?" Although its analysis and specific conclusions are distinctive, the article reaches a general conclusion similar to Tushnet's - namely, that the contemporary Free Exercise Clause is largely redundant, in that it provides little protection that is not afforded independently by other First Amendment doctrines. The article first contends that the core principle of the contemporary Free Exercise Clause, the nondiscrimination requirement of Employment Division v. Smith, might be subsumed, perhaps entirely, within the free speech principle that disfavors content discrimination. To that extent, the Free Exercise Clause …
Mapp Goes Abroad, Craig M. Bradley
The Uneasy Case For Adverse Possession, Jeffrey E. Stake
The Uneasy Case For Adverse Possession, Jeffrey E. Stake
Articles by Maurer Faculty
No abstract provided.
The Epa's Nepa Duties And Ecosystem Services, Robert L. Fischman
The Epa's Nepa Duties And Ecosystem Services, Robert L. Fischman
Articles by Maurer Faculty
No abstract provided.
Endangered Species Information: Access And Control, Robert L. Fischman, Vicky J. Meretsky
Endangered Species Information: Access And Control, Robert L. Fischman, Vicky J. Meretsky
Articles by Maurer Faculty
No abstract provided.
Indiana Law Journal Celebrates 75 Years, Colleen Kristl Pauwels
Indiana Law Journal Celebrates 75 Years, Colleen Kristl Pauwels
Articles by Maurer Faculty
No abstract provided.
Creativity And The Law, Alfred C. Aman
Creativity And The Law, Alfred C. Aman
Articles by Maurer Faculty
No abstract provided.
Publicly Financed Judicial Elections: An Overview, Charles G. Geyh
Publicly Financed Judicial Elections: An Overview, Charles G. Geyh
Articles by Maurer Faculty
No abstract provided.
The Private Attorney General In A Global Age: Public Interests In Private International Antitrust Litigation, Hannah Buxbaum
The Private Attorney General In A Global Age: Public Interests In Private International Antitrust Litigation, Hannah Buxbaum
Articles by Maurer Faculty
Even in a climate of increased cooperation among regulatory authorities, jurisdictional conflict remains a prominent aspect of cross-border antitrust regulation. Much of this conflict is generated by private litigation - that is, lawsuits initiated under U.S. antitrust law by private attorneys general rather than by the government. This article examines two strands of jurisprudence relevant to the role of the private attorney general in cases with international aspects. First, it analyzes the cases, involving actions based on statutory violations of the antitrust laws, in which the extraterritorial reach of U.S. antitrust law has been delimited. It then turns to decisions …
Adventures In Comparative Legal Studies: Studying Singapore, Carole Silver
Adventures In Comparative Legal Studies: Studying Singapore, Carole Silver
Articles by Maurer Faculty
No abstract provided.
Public Interest Litigation In A Comparative Context, Jayanth K. Krishnan
Public Interest Litigation In A Comparative Context, Jayanth K. Krishnan
Articles by Maurer Faculty
No abstract provided.
Patent Law In The Age Of The Invisible Supreme Court, Mark D. Janis
Patent Law In The Age Of The Invisible Supreme Court, Mark D. Janis
Articles by Maurer Faculty
This article examines the permanence of the U.S. Supreme Court's retreat to the peripheries of patent law after the creation of the Federal Circuit, and explores the roles that the Supreme Court might imagine for itself in contemporary patent law. For discussion purposes, the article describes two hypothetical models for Supreme Court decisionmaking in patent cases: an aggressive interventionist model and an extreme non-interventionist model. After considering the shortcomings of both models, the article proposes an intermediate, managerial model. The managerial model rejects the proposition that the Court should intervene in patent cases to correct perceived substantive errors in Federal …
The Return Of The Standard Of Civilization, David P. Fidler
The Return Of The Standard Of Civilization, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
Book Review. Gostin On Public Health Law, David P. Fidler
Book Review. Gostin On Public Health Law, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
Gender And Intercollegiate Athletics: Data And Myths, Julia C. Lamber
Gender And Intercollegiate Athletics: Data And Myths, Julia C. Lamber
Articles by Maurer Faculty
This Article explores what nondiscrimination means in the context of intercollegiate athletics. After reviewing the Department of Education's controversial Title IX Policy Interpretation, it critically examines the analytical framework used in Title IX athletic cases and concludes that commonly made analogies to litigation under Title VII of the 1964 Civil Rights Act are inapt. A major part of the Article is an empirical study, looking first at gender equity plans written by institutions of higher education for the National Collegiate Athletic Association and then at data collected from more than 325 institutions pursuant to the Equity in Athletics Disclosure Act. …
Are There Procedural Deficiencies In Tax Fraud Cases? A Reply To Professor Schoenfeld, Leandra Lederman
Are There Procedural Deficiencies In Tax Fraud Cases? A Reply To Professor Schoenfeld, Leandra Lederman
Articles by Maurer Faculty
No abstract provided.
Equity And The Article I Court: Is The Tax Court's Exercise Of Equitable Powers Constitutional?, Leandra Lederman
Equity And The Article I Court: Is The Tax Court's Exercise Of Equitable Powers Constitutional?, Leandra Lederman
Articles by Maurer Faculty
Article I courts are the other federal courts, infrequently studied despite their important role in the judiciary. This article focuses on the United States Tax Court, an Article I court that hears approximately 95 percent of litigated federal tax cases. The article argues that the Tax Court's current tendency to apply equitable doctrines when necessary to avoid harsh outcomes dictated by statute lacks constitutional authority. First, the article examines the role of Article I courts in the federal judicial system and under the Constitution. Next, it considers the historical and modern meanings of equity and equitable powers in the context …
"Geographical Morality" Revisited: International Relations, International Law, And The Controversy Over Placebo-Controlled Hiv Clinical Trials In Developing Countries, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
Can Evolutionary Science Contribute To Discussions Of Law?, Jeffrey E. Stake
Can Evolutionary Science Contribute To Discussions Of Law?, Jeffrey E. Stake
Articles by Maurer Faculty
Evolutionary Theory can be helpful in understanding the law and determining what it should be. There are two ways in which the evolutionary perspective differs from an economic perspective on law. Not only does the evolutionary approach shift our attention from the world today to the environment of evolutionary adaptation, it shifts our focus from rational individuals to rational genes and from rational behaviors to rational design of mental architecture. Finally, the law of law's leverage makes predictions about the relative elasticities of demand for all sorts of behaviors, including those that did and did not exist in the environment …
Privatization And The Democracy Problem In Globalization: Making Markets More Accountable Through Administrative Law, Alfred C. Aman
Privatization And The Democracy Problem In Globalization: Making Markets More Accountable Through Administrative Law, Alfred C. Aman
Articles by Maurer Faculty
No abstract provided.
Book Review. Cyberethics: Morality And Law In Cyberspace By R. A. Spinello, Elizabeth Larson Goldberg
Book Review. Cyberethics: Morality And Law In Cyberspace By R. A. Spinello, Elizabeth Larson Goldberg
Articles by Maurer Faculty
No abstract provided.
Plea Bargaining In The Shadow Of Death, Joseph L. Hoffmann, Marcy L. Kahn, Steven W. Fisher
Plea Bargaining In The Shadow Of Death, Joseph L. Hoffmann, Marcy L. Kahn, Steven W. Fisher
Articles by Maurer Faculty
No abstract provided.
Book Review. Hate Crimes: Criminal Law And Identity Politics By James Jacobs And Kimberly Potter, Jeannine Bell
Book Review. Hate Crimes: Criminal Law And Identity Politics By James Jacobs And Kimberly Potter, Jeannine Bell
Articles by Maurer Faculty
No abstract provided.