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Articles 1 - 17 of 17

Full-Text Articles in Law

The Michigan Supreme Court Diminishes The Right To Trial By Jury In Civil Cases, Robert A. Sedler Apr 2008

The Michigan Supreme Court Diminishes The Right To Trial By Jury In Civil Cases, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


The Centennial Of The Boundary Waters Treaty: A Century Of United States-Canadian Transboundary Water Management, Noah D. Hall Jan 2008

The Centennial Of The Boundary Waters Treaty: A Century Of United States-Canadian Transboundary Water Management, Noah D. Hall

Law Faculty Research Publications

No abstract provided.


How The Supreme Court's Decisions Over The Last Decade Have Reshaped Federal Circuit Jurisprudence, Katherine E. White Jan 2008

How The Supreme Court's Decisions Over The Last Decade Have Reshaped Federal Circuit Jurisprudence, Katherine E. White

Law Faculty Research Publications

No abstract provided.


Taking Responsibility, Robert M. Ackerman Jan 2008

Taking Responsibility, Robert M. Ackerman

Law Faculty Research Publications

Communitarians have suggested that a balance must be struck between individual rights and the public welfare, and that our self-seeking tendencies must sometimes be set aside in pursuit of the common good. Government is often (although not always) the mechanism through which common interests are advanced. An abdication of government responsibility may result in disaster, as was the case with respect to Hurricane Katrina and its aftermath. At the other extreme, the accumulation of too much power in government can also bring about catastrophic consequences, as in the case of the 1986 Chernobyl nuclear plant disaster in the Soviet Union. …


Is Transnational Litigation A Distinct Field? The Persistence Of American Exceptionalism In Procedural Law, Paul R. Dubinsky Jan 2008

Is Transnational Litigation A Distinct Field? The Persistence Of American Exceptionalism In Procedural Law, Paul R. Dubinsky

Law Faculty Research Publications

No abstract provided.


A Different Take On The Roberts Court: The Court As An Institution, Ideology, And The Settled Nature Of American Constitutional Law, Robert A. Sedler Jan 2008

A Different Take On The Roberts Court: The Court As An Institution, Ideology, And The Settled Nature Of American Constitutional Law, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


Mitigating Disaster: A Communitarian Response, Robert M. Ackerman Jan 2008

Mitigating Disaster: A Communitarian Response, Robert M. Ackerman

Law Faculty Research Publications

In this essay, I present a communitarian view as to how we might best respond to disaster, and in particular, to losses suffered by the direct victims of disaster. My focus will be on financial compensation to disaster victims, which admittedly occupies only a small part of the spectrum of disaster response. Emergency "first responder" activities are matters about which I have no expertise; volunteering at my local food bank hardly qualifies me to advise FEMA or the Red Cross. The blunders for which these organizations have recently been responsible are apparent, and so are some of their causes, but …


Straddle Obligations Under Prepetition Contracts – Prepetition Claims, Postpetition Claims Or Administrative Expenses, Laura B. Bartell Jan 2008

Straddle Obligations Under Prepetition Contracts – Prepetition Claims, Postpetition Claims Or Administrative Expenses, Laura B. Bartell

Law Faculty Research Publications

No abstract provided.


From Debtors’ Prisons To Prisoner Debtors: Credit Counseling For The Incarcerated, Laura B. Bartell Jan 2008

From Debtors’ Prisons To Prisoner Debtors: Credit Counseling For The Incarcerated, Laura B. Bartell

Law Faculty Research Publications

No abstract provided.


Global Mental Health: Changing Norms, Constant Rights, Lawrence O. Gostin, Lance Gable Jan 2008

Global Mental Health: Changing Norms, Constant Rights, Lawrence O. Gostin, Lance Gable

Law Faculty Research Publications

No abstract provided.


Climate Change And Great Lakes Waters Resources: Avoiding Future Conflicts With Conservation, Noah D. Hall, Bret B. Stuntz Jan 2008

Climate Change And Great Lakes Waters Resources: Avoiding Future Conflicts With Conservation, Noah D. Hall, Bret B. Stuntz

Law Faculty Research Publications

No abstract provided.


Political Externalities, Federalism, And A Proposal For An Interstate Environmental Impact Assessment Policy, Noah D. Hall Jan 2008

Political Externalities, Federalism, And A Proposal For An Interstate Environmental Impact Assessment Policy, Noah D. Hall

Law Faculty Research Publications

Interstate environmental harms, which occur when decisions or actions in one state produce negative environmental impacts in another state, have challenged environmental law and American federalism for over a century. While even the strongest advocates of state primacy in environmental policy concede that interstate environmental harms necessitate federal governance, federal adjudication and regulation have had only modest success in addressing the problem. This is due, in part, to a failure to fully understand the causes of interstate environmental harms. This article provides a newframeworkfor understanding interstate environmental harms as political externalities caused by a combination of inadequate information, public process …


Our Eighteenth Century Constitution, The Electoral College, And Congressional Reapportionment: A Response To Professor Daniel Tokaji, Robert Allen Sedler Jan 2008

Our Eighteenth Century Constitution, The Electoral College, And Congressional Reapportionment: A Response To Professor Daniel Tokaji, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.


Community, Diversity, And Equal Protection: The Louisville And Seattle School Cases (Symposium Introduction), Robert M. Ackerman Jan 2008

Community, Diversity, And Equal Protection: The Louisville And Seattle School Cases (Symposium Introduction), Robert M. Ackerman

Law Faculty Research Publications

No abstract provided.


Tax Patents: At The Crossroads Of Tax And Patent Law, Linda M. Beale Jan 2008

Tax Patents: At The Crossroads Of Tax And Patent Law, Linda M. Beale

Law Faculty Research Publications

No abstract provided.


Democracy And The Secretary: The Crucial Role Of State Election And Administrators In Promoting Accuracy And Access To Democracy, Jocelyn Benson Jan 2008

Democracy And The Secretary: The Crucial Role Of State Election And Administrators In Promoting Accuracy And Access To Democracy, Jocelyn Benson

Law Faculty Research Publications

No abstract provided.


Board Dysfunction: Dealing With The Threat Of Corporate Criminal Liability, Peter J. Henning Jan 2008

Board Dysfunction: Dealing With The Threat Of Corporate Criminal Liability, Peter J. Henning

Law Faculty Research Publications

No abstract provided.