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Social and Behavioral Sciences Commons™

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Law

Faculty Publications

1994

Articles 1 - 8 of 8

Full-Text Articles in Social and Behavioral Sciences

The Confirmation Mystery, Michael J. Gerhardt Dec 1994

The Confirmation Mystery, Michael J. Gerhardt

Faculty Publications

No abstract provided.

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A Reappraisal Of Diversification In The Federal Courts: Gender Effects In The Courts Of Appeals, Donald R. Songer, Sue Davis, Susan Haire May 1994

A Reappraisal Of Diversification In The Federal Courts: Gender Effects In The Courts Of Appeals, Donald R. Songer, Sue Davis, Susan Haire

Faculty Publications

Prior scholarship on the effect of the increasing number of female judges leads to three contrasting sets of expectations. Early writings and views of affirmative-action activists suggested that female judges would be more liberal than male judges. On the other hand, a series of empirical studies suggest that we should expect no gender differences. In contrast to both of these perspectives, several feminist scholars suggest that women will be more liberal only when that position expresses support for full participation in the community. These contrasting expectations were tested by analyzing the votes of appeals court decisions in three issue areas. …

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Defense Contractor Buyer-Seller Relationships: Theoretical Approaches, Carl R. Templin Apr 1994

Defense Contractor Buyer-Seller Relationships: Theoretical Approaches, Carl R. Templin

Faculty Publications

This article examines the applicability of three theoretical approaches to defining defense buyer-seller relationships. Economic Free-Market Theory explains the relative economic power of the participants but ignores the legal, political, and socioeconomic aspects so pervasive in defense acquisitions. Transaction Cost Economics provides a framework for determining the most cost-effective type of contract governance for each transaction. Systems theory explores the degree of interdependence between the buyers and sellers systems. Each theory contributes unique insights into defense buyer-seller relationships that can be used to judge the appropriateness of contracting laws, regulations, policies, and management approaches for specific acquisition environments.

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Through The Looking Glass: What Abortion Teaches Us About American Politics, Neal Devins Jan 1994

Through The Looking Glass: What Abortion Teaches Us About American Politics, Neal Devins

Faculty Publications

No abstract provided.

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Avoiding Takings “Accidents”: A Torts Perspective On Takings Law, Eric Kades Jan 1994

Avoiding Takings “Accidents”: A Torts Perspective On Takings Law, Eric Kades

Faculty Publications

Viewing the Takings Clause of the Fifth Amendment as a form of insurance appeals to our intuition. The government, like fire, does not often "take" property, but when faced with extraordinary risk property owners naturally desire compensation. Recent scholarship, however, has dissolved the attractiveness of this perspective. This literature, through economic analysis, claims that the Takings Clause should be repealed and replaced with private takings insurance. This is the "no-compensation" result. This article argues that the insurance-based understanding of the just compensation requirement can be preserved without reaching the surprising no-compensation result. The intuitive appeal of understanding the Takings Clause …

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Discussion In The Security Council On Environmental Intervention In The Ukraine, Linda A. Malone Jan 1994

Discussion In The Security Council On Environmental Intervention In The Ukraine, Linda A. Malone

Faculty Publications

No abstract provided.

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The Quest For Freedom In The Post-Brown South: Desegregation And White Self-Interest, Davison M. Douglas Jan 1994

The Quest For Freedom In The Post-Brown South: Desegregation And White Self-Interest, Davison M. Douglas

Faculty Publications

No abstract provided.

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Understanding Kaye Scholer: The Autonomous Citizen, The Managed Subject And The Role Of The Lawyer, Nancy Amoury Combs Jan 1994

Understanding Kaye Scholer: The Autonomous Citizen, The Managed Subject And The Role Of The Lawyer, Nancy Amoury Combs

Faculty Publications

The Office of Thrift Supervision's (OTS) unprecedented enforcement action against Kaye, Scholer, Fierman, Hays and Handler (Kaye Scholer) prompted howls of protest from the legal community. OTS, it was claimed, was using its excessive power to redefine the role of the lawyer. This Comment confirms that OTS sought to impose duties on Kaye Scholer that conflict with professional ethics rules. The Comment then goes on to suggest that the conflict over professional responsibility in the Kaye Scholer case reflects, more fundamentally, a conflict over the role of the citizen, and the citizen's relationship with the state. Our adversarial system of …

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