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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 Jul 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

A Woman's World, Michael Fischl

Faculty Articles and Papers

No abstract provided.


Selling Mayberry: Communities And Individuals In Law And Economics, Peter Siegelman, Gideon Parchomovsky Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

"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 Jan 2004

Developments In Connecticut Criminal Law: 2005, Timothy Everett

Faculty Articles and Papers

No abstract provided.


State Tax Reform: Proposals For Wisconsin, Richard Pomp Jan 2004

State Tax Reform: Proposals For Wisconsin, Richard Pomp

Faculty Articles and Papers

No abstract provided.


Post- Gideon Developments In Law And Lawyering, Timothy Everett Jan 2004

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 Jan 2004

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 …