Law Commons^™

Discrimination Cases In The 2001 Term Of The Supreme Court (Symposium: The Fourteenth Annual Supreme Court Review), Eileen Kaufman

Scholarly Works

No abstract provided.

Lessons From The Damages Decisions Following United States V. Winstar Corp., Rodger D. Citron

Scholarly Works

No abstract provided.

Express Warranty As Contractual - The Need For A Clear Approach, Sidney Kwestel

Scholarly Works

No abstract provided.

Breaking The Public Law Taboo, William S. Dodge

Faculty Scholarship

No abstract provided.

Taking Contracts Private: The Quiet Revolution In Contract Law, Charles L. Knapp

Faculty Scholarship

No abstract provided.

Never-Ending Limitations On S Corporation Losses: The Slippery Slope Of S Corporation Debt Guarantees, Francine J. Lipman

Scholarly Works

Francine Lipman explains S corporation loss limitations in the area of shareholder guarantees, focusing on the recent tax court and seventh circuit decisions in T.F. Grojean and concludes with a summary of the lessons s corporation shareholders can learn from the Grojeans' missteps.

The Practice Of Precedent: Anastasoff, Noncitation Rules, And The Meaning Of Precedent In An Interpretive Community, Lauren K. Robel

Articles by Maurer Faculty

No abstract provided.

Multidisciplinary Practice After In Re Enron: Should The Debate On Mdp Change At All?, Nancy B. Rapoport

Scholarly Works

No abstract provided.

Intellectual Property Issues In Plant Breeding And Plant Biotechnology, Mark D. Janis

Articles by Maurer Faculty

No abstract provided.

Feminist Legal Writing, Kathryn M. Stanchi

Scholarly Works

To lay the groundwork for the exploration of feminist legal writing, this Article first summarizes the traditions and conventions of persuasion and persuasive writing-how they are characterized in law and how they are taught in law school. It then summarizes a type of language in linguistic theory called "antilanguage," which is language created by groups in society that are outcasts or otherwise excluded from the dominant social class to rebel against the dominant class. Analyzing several pieces of feminist legal scholarship that use unconventional writing techniques, this Article identifies a type of feminist legal antilanguage. This feminist legal antilanguage uses …

Beware Of The Dark Side Of The Farce, Keith A. Rowley

Scholarly Works

No abstract provided.

Uncertain Waters And Contested Lands: Excavating The Layers Of Colorado's Legal Past, Tom I. Romero Ii

Scholarly Works

No abstract provided.

Transitions In Ip And Antitrust, Mark D. Janis

Articles by Maurer Faculty

No abstract provided.

The Dynamic Judicial Opinion, William D. Popkin

Articles by Maurer Faculty

Eskridge's article on Dynamic Statutory Interpretation advances an aggressively pragmatic theory of interpretation but has had more influence among academics than judges because of a failure to attend to the problems of writing a candid, pragmatic and dynamic judicial opinion. This article argues that, although not free from doubt, a candid judicial opinion is preferable, and discusses how to write such an opinion - suggesting that judges rely on the "intent of the statute," not legislative intent; and adopt a personal/exploratory style in presenting their views.

Sacrificing The Salmon: A Legal History Of The Decline Of Columbia Basin Salmon (Full Text Part 1 Of 2), Michael Blumm

Books & Contributions to Books

Salmon remain the cultural and economic soul of the Pacific Northwest, a species whose very life cycle largely defines the region. At the center of the salmon region lies the Columbia River, which once supported the world's largest salmon runs and which now is home to the world's largest interconnected hydroelectric system. These massive federal and non-federal dams have devasted Columbia Basin salmon runs, some of which are now exinct, others are on life-support.

This book tells the story of the decline of the Columbia Basin salmon in the 20th century. But it begins earlier, with the signing of mid-19th …

Conflicts Of Interest And The Constitution, David Orentlicher

Scholarly Works

No abstract provided.

Deterring Retributivism: The Injustice Of 'Just' Punishment, Russell Christopher

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

A Rose Is A Rose Is A Roth: New/Old Theories Of Legal Liability In The Joyce World, Robert Spoo

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Merchants Of Discontent: An Exploration Of The Psychology Of Advertising, Addiction And Its Implications For Commercial Speech, Tamara Piety

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Turning Seats Into Shares: Causes And Implications Of Demutualization Of Stock And Futures Exchanges, Roberta S. Karmel

UC Law Journal

A dramatic shift in the economic and power structure of the securities industry is currently in progress. Traditionally, stock and futures exchanges have operated in the form of non-profit mutual or membership organizations. To the extent market power was not curtailed by competition or regulation, mutual governance gave specialist or market maker members of an exchange control of the price, quality and range of services produced by the exchange. Exchange profits were returned to broker and dealer members in the form of lower access fees or trading profits. Further, exchanges have long operated as self-regulatory organizations (SROs) with members contributing …

Satellite Tracking And The Right To Privacy, Aaron Renenger

UC Law Journal

The proliferation of location services brought on by technology like the Global Positioning System promises to bring new convenience to our lives. But this new technology also brings with it an all-toofamiliar problem-how to ensure personal privacy. Some consumer advocates have referred to the technology as "digital dog tags" and warned that location information will be sold to third parties such as aggressive advertisers or employers. This Note concludes that the torts that currently protect privacy offer very little protection to consumers whose location information is misused by third parties. Further, recent legislation passed to protect the privacy of consumer …

Cardboard To Concrete: Reconstructing The Texas Colonias Threshold, Roderick R. Williams

UC Law Journal

Third world diseases and general squalor have run rampant in the United States-Mexico border area, particularly in Texas. The problems facing residents in Texas colonias-developments often characterized by substandard housing including a lack of access to water and wastewater facilities-gained attention in Texas in the mid and late 1990s. However the Texas legislature and state and federal programs have not successfully solved the shocking problem. This note reviews the current state of Texas colonias, the conditions that allowed Texas' colonias to proliferate, and recent efforts to both halt the growth of colonias and meliorate the difficulties that current residents face …

In Memoriam: Yale Rosenberg, Nancy B. Rapoport

Scholarly Works

In memory of Yale Rosenberg, much-appreciated colleague at the University of Houston Law Center.

The Intractable Problem Of Bankruptcy Ethics: Square Peg, Round Hole, Nancy B. Rapoport

Scholarly Works

This article continues my earlier research on conflicts of interest in bankruptcy cases, particularly in chapter 11 cases. It suggests that conflicts in interest in chapter 11 bankruptcy cases should not be handled the same way that conflicts are handled under state ethics rules, and it proposes a new section of the Bankruptcy Code to cover conflicts of interest in cases filed under chapter 11.

Is "Thinking Like A Lawyer" Really What We Want To Teach?, Nancy B. Rapoport

Scholarly Works

This article argues that the phrase thinking like a lawyer assumes that other professions don't have their own ways of approaching problems and that law schools only need to teach how lawyers think, rather than how lawyers do what they do. It suggests that law schools should do much more than just teach law students how to think.

Cases And Guidelines In Genetics, Roger B. Dworkin

Articles by Maurer Faculty

No abstract provided.

Understanding "Depolicing": Symbiosis Theory And Critical Cultural Theory, Frank Rudy Cooper

Scholarly Works

Doctrinal analyses help us understand what law does. Identity theory helps us understand why law operates in certain ways. Cultural studies can help us understand that where law operates is crucial to both how it operates, and on whom.

Nancy Ehrenreich's Subordination and Symbiosis: Mechanisms of Mutual Support Between Subordinating Systems is especially valuable because her symbiosis theory expands identity theory. Ehrenreich turns our attention to the subjectivities of those who are partly subordinated but mostly privileged-those who accept their own oppression in return for the "compensation" of being able to use the law to subordinate others. Nonetheless, symbiosis theory …

The Un-Balanced Fourth Amendment: A Cultural Study Of The Drug War, Racial Profiling And Arvizu, Frank Rudy Cooper

Scholarly Works

In this Article, Professor Frank Rudy Cooper provides a cultural studies approach to the encoding and decoding of the drug war that will allow us to draw important conclusions about the effects of the drug war on the Court. In Part I of this Article, he describes how the field of cultural studies reads popular culture through the analytical tools of "encoding" and "decoding." In Part II, he analyzes why and how law enforcement has encoded the drug war as requiring increased prosecution of drug users and drug dealers. In Part III, he considers how the Court's decoding of law …

"Retail Choice" Is Coming: Have You Hugged Your Utilities Lawyer Today? (Part I), Nancy B. Rapoport, Jeffrey D. Van Niel

Scholarly Works

This part of the article provides a primer on the history of utilities regulation. (Part II provides a discussion on the intersection of utilities law and bankruptcy law, pre-BAPCPA.)

Book Review. Teaching Legal Research And Providing Access To Electronic Resources (Gary L. Hill, Et. Al., Eds.), Peter A. Hook

Articles by Maurer Faculty

No abstract provided.