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Full-Text Articles in Law

"An Unqualified Human Good": E.P. Thompson And The Rule Of Law, Daniel H. Cole Jan 2001

"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 Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

Mapp Goes Abroad, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.


The Uneasy Case For Adverse Possession, Jeffrey E. Stake Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

Indiana Law Journal Celebrates 75 Years, Colleen Kristl Pauwels

Articles by Maurer Faculty

No abstract provided.


Creativity And The Law, Alfred C. Aman Jan 2001

Creativity And The Law, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.


Publicly Financed Judicial Elections: An Overview, Charles G. Geyh Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

"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 Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

Book Review. Hate Crimes: Criminal Law And Identity Politics By James Jacobs And Kimberly Potter, Jeannine Bell

Articles by Maurer Faculty

No abstract provided.