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Articles 1 - 18 of 18
Full-Text Articles in Law
Liking To Be In America: Puerto Rico's Quest For Difference In The United States, Ángel Oquendo
Liking To Be In America: Puerto Rico's Quest For Difference In The United States, Ángel Oquendo
Faculty Articles and Papers
No abstract provided.
Paradigms, Assumptions, And Strategies: Royce And Method, Thomas Morawetz
Paradigms, Assumptions, And Strategies: Royce And Method, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
Indian Policy And The Imagined Indian Woman, Bethany Berger
Indian Policy And The Imagined Indian Woman, Bethany Berger
Faculty Articles and Papers
In this contribution to the symposium on Santa Clara Pueblo v. Martinez held by the Tribal Law Center at the University of Kansas, I reflect (with pictures!) on the role of women in federal American Indian policy and tie this history to current debates about the Martinez decision. I argue that the perception by non-Indians that they were riding to the rescue of oppressed and exploited Indian women was always a powerful justification for Indian policy, but that the Indian women whose plight called out for European and American protection were not real women, but were instead imagined by the …
Ethical World Of Solo And Small Law Firm Practitioners, The, Leslie Levin
Ethical World Of Solo And Small Law Firm Practitioners, The, Leslie Levin
Faculty Articles and Papers
No abstract provided.
A Woman's World, Michael Fischl
Selling Mayberry: Communities And Individuals In Law And Economics, Peter Siegelman, Gideon Parchomovsky
Selling Mayberry: Communities And Individuals In Law And Economics, Peter Siegelman, Gideon Parchomovsky
Faculty Articles and Papers
In an unusual turn of events, American Electric Power Company recently acquired the entire small town of Cheshire, Ohio. The buyout was intended to put an end to a serious pollution problem caused by the company's giant power plant, which was located at the edge of town. Although the plant was worth substantially more than the town, no simple Coasean bargain guided the buyout. This Article combines ethnographic research into the Cheshire buyout with theoretical insights from law and economics to present an empirical and theoretic challenge to the standard account of nuisance disputes. It explores the transaction in detail …
War, Insurance And Some Problems Of Community, Carol Weisbrod
War, Insurance And Some Problems Of Community, Carol Weisbrod
Faculty Articles and Papers
In War and Insurance (1914), Josiah Royce deals with several kinds of community, two obviously and one implicitly. The first is the community of interpretation, which he adapted from Peirce and used in the Problem of Christianity. The second is the Beloved or Universal Community, towards which this suggestion for the practical advancement of peace was headed. The third is the shattered or wounded community, implicit in War and Insurance in the form of the international community, which is injured by the nation that fires the first shot. This paper discusses these three communities against the background of several other …
Competition Perspectives On Patent Law Substance And Procedure: An Overview Of The Ftc/Doj Hearings And The Ftc Report, Hillary Greene
Competition Perspectives On Patent Law Substance And Procedure: An Overview Of The Ftc/Doj Hearings And The Ftc Report, Hillary Greene
Faculty Articles and Papers
No abstract provided.
Flexible Fiduciary Accounting From The Outset Of Administration, Robert Whitman
Flexible Fiduciary Accounting From The Outset Of Administration, Robert Whitman
Faculty Articles and Papers
No abstract provided.
Survey Of 2000 Through 2002 Second Circuit Construction Law Decisions, Timothy Fisher
Survey Of 2000 Through 2002 Second Circuit Construction Law Decisions, Timothy Fisher
Faculty Articles and Papers
No abstract provided.
Retroactivity: What Can We Learn From The Odd Case Of Michael Skakel, Lewis Kurlantzick
Retroactivity: What Can We Learn From The Odd Case Of Michael Skakel, Lewis Kurlantzick
Faculty Articles and Papers
No abstract provided.
In Appreciation Of Alan Cullison, Stephen Utz
In Appreciation Of Alan Cullison, Stephen Utz
Faculty Articles and Papers
No abstract provided.
United States V. Lara As A Story Of Native Agency, Bethany Berger
United States V. Lara As A Story Of Native Agency, Bethany Berger
Faculty Articles and Papers
In this contribution to the University of Tulsa's symposium on United States v. Lara (2004), I tell the history of Lara as a story of unified agency by Indian peoples and suggest that it is part of a broader transformation in the relationship of Indian people to Indian law. In United States v. Lara, the Supreme Court affirmed congressional power under the constitution to recognize inherent criminal jurisdiction over non-member Indians, although the Supreme Court had declared there was no such jurisdiction as a matter of federal common law. That the jurisdiction was inherent is significant, because it means that …
"Power Over This Unfortunate Race," Race, Power And Indian Law In U.S. V. Rogers, Bethany Berger
"Power Over This Unfortunate Race," Race, Power And Indian Law In U.S. V. Rogers, Bethany Berger
Faculty Articles and Papers
In 1846, the Supreme Court held in United States v. Rogers that a white man who had become a citizen of the Cherokee Nation through marriage was not an Indian for purposes of federal criminal jurisdiction. This article examines the extensive fabrications of law and fact that underlie the decision, and its part in a campaign by the executive branch to increase federal power over Indian people. The campaign involved the Attorney General of the United States arguing before the Supreme Court for the right to prosecute a man that had died ten months earlier. More profoundly, the campaign was …
Developments In Connecticut Criminal Law: 2005, Timothy Everett
Developments In Connecticut Criminal Law: 2005, Timothy Everett
Faculty Articles and Papers
No abstract provided.
State Tax Reform: Proposals For Wisconsin, Richard Pomp
State Tax Reform: Proposals For Wisconsin, Richard Pomp
Faculty Articles and Papers
No abstract provided.
Post- Gideon Developments In Law And Lawyering, Timothy Everett
Post- Gideon Developments In Law And Lawyering, Timothy Everett
Faculty Articles and Papers
No abstract provided.
Adverse Selection In Insurance Markets: An Exaggerated Threat, Peter Siegelman
Adverse Selection In Insurance Markets: An Exaggerated Threat, Peter Siegelman
Faculty Articles and Papers
The thesis of this Essay is that although theory demonstrates that adverse selection can occur, and some instances have certainly been documented, neither the theoretical models nor the empirical studies provide much support for its widespread importance in insurance markets. The nature of selection pressures turns out to be vastly more complicated than the rhetoric of courts and academic commentators would suggest. And while the economic theory of adverse selection in insurance markets has become enormously sophisticated, much of it is devoted to rarified analysis of the nature and existence of equilibria. It has thus managed to obscure some essential …