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    Content Posted in 2011

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    1975-1976 Securities Law Developments

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    1976-1977 Securities Law Developments

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    1991 Legislation, Reports And Debates Over Federally Funded Art: Arts Community Left With An "Indecent" Compromise

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    Ablamis V. Roper: Preemption Of The Nonemployee Spouse'S Community Property Rights In Erisa Pension Plans, Julie Anne Barbo

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    Abortion And Consensus: The Futility Of Speech, The Power Of Disobedience, Charles R. DiSalvo

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    Abortion Funding Restrictions: State Constitutional Protections Exceed Federal Safeguards

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    Abstention under ERISA: Levy v. Lewis

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    Abusive Tax Shelters After the Tax Reform Act of 1984

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    Academic Freedom in Urofsky's Wake: Post September 11 Remarks on "Who Owns Academic Freedom?", Doug Rendleman

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    Academic Freedom on the Rack: Stretching Academic Freedom Beyond Its Constitutional Limits in FAIR v. Rumsfeld, Rory Thomas Gray

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    Accounting And Accountability: Overview Of The Accounting Provisions Of The Foreign Corrupt Practices Act Of 1977, Thomas E. Baker

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    Accounting And The New Corporate Law, Joel Seligman

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    A Check on Faint-Hearted Presidents: Letters of Marque and Reprisal, William Young

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    Achille Lauro Missed the Boat: The Second Circuit's Refusal in Chasser v. Achille Lauro Lines to Hear Defendant's Interlocutory Appeal Under Collateral Order Exception

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    A Clash of Expectations: Debtors' Disclaimers of Property in Advance of Bankruptcy, Kevin A. White

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    A Cloudy Prospectus: The Supreme Court's Problematic Reasoning in Gustafson v. Alloyd Co., Krista R. Bowen

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    A Coming of Age?: Why Revised EEOC Guidelines May Force Firms to Protect Against Partner Age Discrimination Suits, David A. Rappaport

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    A Comment on Erin McCampbell's Tipping the Scales: Seeking Death Through Comparative Value Arguments, Timothy J. Heaphy

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    A Comment on Private Harms in the Cyber-World, Christopher Wolf

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    A Comment on "The Rhetoric of Powell's Bakke", Jan Deutsch

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    A Comment on Untangling the Safety Net: Protecting Federal Benefits from Freezes, Fees, and Garnishment, by Allen C. Myers, Phillip T. Lacy

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    A Comment on Wrongs Committed During a Marriage: The Child that No Area of the Law Wants to Adopt, by Michelle L. Evans, Robert E. Shepherd

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    A Comparative Review Of States' Recognition Of Reduced Degrees Of Felony Murder

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    A Comparative Study Of The Privileges And Immunities Of United Nations Member Representatives And Officials With The Traditional Privileges And Immunities Of Diplomatic Agents, Yu-Long Ling

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    A Complicated Environment: The Problem with Extending Victims' Rights to Victims of Environmental Crimes, Andrew Atkins

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    A Critical Profile of the National Antitrust Commission, Joe Sims

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    Activist Shareholders, Corporate Directors, And Institutional Investment: Some Lessons From The Robber Barons, Allen D. Boyer

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    Adams V. Askew: The Right To Vote And The Right To Be A Candidate-Analogous Or Incongruous Rights?

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    A Dark Descent into Reality: Making the case for an objective definition of torture, Michael W. Lewis

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    A Day of Reckoning Is Near: RICO, Treble Damages, and Securities Fraud

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    Adding Appellate Capacity To The Federal System: A National Court Of Appeals Or An Inter-Circuit Tribunal?, A. Leo Levin

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    A Dedication to Randall P. Bezanson, John W. Elrod, Mark H. Grunewald, Lewis H. LaRue, J. Hardin Marion, Doug Rendleman, and Allan W. Vestal

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    A Defense Of Legal Education In The 1990S, Thomas D. Morgan

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    "A Desert Grows Between Us"' The Sovereignty Paradox at the Intersection of Tribal and Federal Courts, Caprice L. Roberts

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    Administering The Death Penalty

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    Administrative Civil Money Penalties And The Right To Jury Trial

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    Admissibility of Prior-Action Depositions and FormerTestimony Under Fed. R. Civ. P. 32(a)(4) andFed. R. Evid. 804(b)(1): Courts DifferingInterpretations, J. Randall Coffey

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    A Dozen Propositions on Private Property, Public Rights, and the New Takings Legislation, Carol M. Rose

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    A Duty Not to Become a Victim: Assessing the Plaintiffs Fault in Negligent Security Actions, Steven C. Minson

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    Advertising the Economics of High Jury Awards: The Insurance Industry's Bid for Prospective Jurors to Tighten Their Purse Strings

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    A Former Governor'S Reflections On Massive Resistance In Virginia, Linwood Holton

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    After Steel Co.: "Hypothetical Jurisdiction" in the Federal Appellate Courts, Joan Steinman

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    Agency Adjudication, the Importance of Facts, and the Limitations of Labels, William D. Araiza

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    Agency and the Unincorporated Firm: Reflections on Design on the Same Plane of Interest, Deborah A. DeMott

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    Agency Nonacquiescence: Implementation, Justification and Acceptability

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    A Guide to the Investigative and Enforcement Provisions of the Uniform Securities Act, Joseph C. Long

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    Aids As A Handicap Under The Federal Rehabilitation Act Of 1973

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    Aids Vaccine Manufacturers V. Tort Regime: The Need For Alternatives, Kellen F. Cloney

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    Air Carriers' Liability Under The Warsaw Convention After Franklin Mint V. Twa

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    A Judge Remembers Richmond In The Post-Brown Years, Robert R. Merhige, Jr.

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    A Judicial Perspective On Opinion Evidence Under The Federal Rules, George C. Pratt

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    A Jury Of One'S Peers, Lewis H. LaRue

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    A Kantian Approach To Trade And The Environment, Robert F. Housman

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    "A Less Proportion of Idle Proprietors": Madison, Property Rights, and the Abolition of Fee Tail, John F. Hart

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    A Letter to Professor Burt, Milner S. Ball

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    A Little Color In A World Of Gray: The Survival Of Customs' Common Control Exception In The Gray Market

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    Alleging Demand Futility In Federal Court

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    Allocating Discovery Costs in the Computer Age: Deciding Who Should Bear the Costs of Discovery of Electronically Stored Data, Corinne L. Giacobbe

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    Allocating Fixed Costs of Dual-Use Facilities by Exempt Organizations: Actual Use or Availability for Use?

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    Alternatives To The Medical Malpractice Phenomenon: Damage Limitations, Malpractice Review Panels And Countersuits

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    Altruism and Intermediation in the Market for Babies, Kimberly D. Krawiec

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    Ambassadorial Waiver of Foreign State Sovereign Immunity to Domestic Adjudication in United States Courts, Andrew B. Pittman

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    A Minority View of Juvenile "Justice", Coramae Richey Mann

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    Ammunition For Victims Of Saturday Night Specials: Manufacturer Liability Under Kelley V. R.G. Industries, Inc

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    A Model Definition of the Practice of Law: If Not Now, When? An Alternative Approach To Defining the Practice of Law, Soha F. Turfler

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    A Model for Enhanced Risk Recovery in Tort, Andrew R. Klein

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    A Model Rule for Student Practice in the United States Courts, George K. Walker

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    An Analysis Of The Virginia Wills Act Formalities And The Need For A Dispensing Power Statute In Virginia, Kelly A. Hardin

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    Anatomy of an Affirmative Duty to Protect: 42 U.S.C. Section 1986, Linda E. Fisher

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    A Need For The Use Of Nonsexist Language In The Courts, William B. Hill, Jr.

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    An Empirical Analysis of CEO Employment Contracts: What Do Top Executives Bargain For?, Stewart J. Schwab and Randall S. Thomas

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    An Historical Perspective To The Corporate Bar Provisions Of The Securities Enforcement Remedies And Penny Stock Reform Act Of 1990, Justin Toby McDonald

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    An Implied Private Right of Action Under T itle V I

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    An Inquiry into the Efficiency of the Limited Liability Company: Of Theory of the Firm and Regulatory Competition, William W. Bratton and Joseph A. McCahery

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    An Introduction to the Rules and Regulations Governing National Banks and Their Use of Financial Futures, Jack A. Barbanel

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    Annual Fourth Circuit Review: Table of Contents

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    Annual Survey Of Antitrust Developments 1974-75, John H. Shenefield

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    Annual Survey Of Antitrust Developments 1975-76, John H. Shenefield and Ray V. Hartwell, III

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    Annual Survey Of Antitrust Developments 1977-1978 , Daniel A. Carrell

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    A Nondeferential Standard for Appellate Review of State Law Decisions by Federal District Courts

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    A Normative Theory of Bankruptcy Law: Bankruptcy As (Is) Civil Procedure, Charles W. Mooney, Jr.

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    Another Way Of Skinning The Rabbit, Geoffrey Palmer Sir

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    An Ounce of Prevention is Worth aPound of Cure: The Need for Statesto Legislate in the Area of HospitalProfessional Review Committee Proceedings, Kym Oltrogge

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    A Novel Approach to Warrantless Seizures of the Home: Inspirational or Aberrational Law?

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    Anti-Federalist Procedure, A. Benjamin Spencer

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    Antipsychotic Drugs And The Incompetent Defendant: A Perspective On The Treatment And Prosecution Of Incompetent Defendants

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    Antitakeover Charter Provisions: Defending Self-Help For Takeover Targets, Lewis S. Black, Jr. and Craig B. Smith

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    Antitrust and First Amendment Implications of Professional Real Estate Investors, Gary Myers

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    Antitrust Law And Health Planning Under The National Health Planning And Resources Development Act Of 1974

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    Antitrust Regulation And Problems Of Oligopoly Structure: Helix Milling Co. V. Terminal Flour Mills Co., 523 F.2D 1317 (9Th Cir. 1975).

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    An Up-to-Date Review of Judicial, Legislative, and Regulatory Developments in Arbitration with Financial Institutions, Mahlon M. Frankhauser and Linda M. Gardner

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    A Paradigm from Securities Law of Uninformed Supreme Court Decisionmaking, Larry D. Soderquist

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    A Peek Under the Shell: Investment Bank's Equity Position in Tender Offeror Should Trigger Disclosure Requirements of the Williams Act

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    Appeal de Novo in Virginia: An Examination of its Present Utility, J. R. Zepkin

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    Application Of Rule 11 In The Fourth Circuit

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    Applications for Benefits: Due Process, Equal Protection, and the Right to Be Free from Arbitrary Procedures, Virginia T. Vance

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    Applying McIntyre v. Ohio Elections Commission to Anonymous Speech on the Internet and the Discovery of John Doe's Identity, Caroline E. Strickland

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    Applying The Federal Reserve Board'S Margin Lending Rules To Restrict The Use Of Junk Bonds In Hostile Corporate Takeovers

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    Appointments Clause Problems In The Dispute Resolution Provisions Of The United States-Canada Free Trade Agreement, Alan B. Morrison

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    Appointments With Disaster: The Unconstitutionality Of Binational Arbitral Review Under The United States-Canada Free Trade Agreement, Jim C. Chen

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    Apportioning Maritime Collision Damages: Applying The Rule Of Reliable Transfer

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    "Appropriate Action," Inappropriately Defined: Amending the Equal Educational Opportunities Act of 1974, Jessica R. Berenyi

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    Appropriate Bargaining Units in Non-Profit Hospitals

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    A Problem Involving Assignments Of Accounts Under Article 9, Ray D. Henson

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    A Process Theory of Torts, Jay Tidmarsh

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    A Product Safety Agenda for the 1990s, Teresa M. Schwartz

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    A Question of Necessity: The Conflict Between a Defendant's Right of Confrontation and a State's Use of Closed Circuit Television in Child Sexual Abuse Cases

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    A Question of Sovereignty, Development, and Natural Resources: A New Standard for Binding Third Party Nonsignatory Governments to Arbitration, Jacob Stoehr

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    Arbitration and the Goals of Employment Discrimination Law, Geraldine Szott Moohr

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    Arbitration, Forum Selection and Choice of Law Agreements in International Securities Transactions

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    Archer v. Warner: Circuit Split Resolution or Contractual Quagmire?, Jennifer R. Belcher

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    A Remedy Without a Wrong: J.E.B. and the Extension of Batson to Sex-Based Peremptory Challenges , Brian A. Howie

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    A Remembrance of Things Past?: Reflections on the Warren Court and the Struggle for Civil Rights, Ronald J. Krotoszynski, Jr.

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    A Requiem for the Rollover Rule: Capital Gains, Farmland Loss, and the Law of Unintended Consequences, Christine A. Klein

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    Are Rules Just Meant To Be Broken? The One-Year Two-Step in Tedford v. Warner- Lambert Co., E. Kyle McNew

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    A Restatement or a Redefinition: Elimination of Inherent Agency in the Tentative Draft of the Restatement (Third) of Agency, Matthew P. Ward

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    A Review of the Effects of Violent Video Games on Children and Adolescents, Jodi L. Whitaker and Brad J. Bushman

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    Are We Overprotecting Code? Thoughts on First-Generation Internet Law, Orin S. Kerr

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    Arkansas Best: A Return To The Reasoning Of Corn Products, Virginia L. Briggs and H. Ward Classen

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    Articles

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    Articles & Contributors To This Volume

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    Articles, Notes, and Comments

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    Articles, Notes & Comments

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    Articles, Notes & Comments

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    A Second Redemption?, Bradley W. Joondeph

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    A Socio-Economic Approach To The Japanese Corporate Governance Structure, Marleen A. O'Connor

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    Assessing a Decade of Interstate Bank Branching, Christian A. Johnson and Tara Rice, Ph. D.

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    "Assume a Rather Large Boat . . ": The Mess We Have Made of Partnership Law, Allan W. Vestal

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    A Subversive Strand of the Warren Court, Gary Peller

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    A Suggested Legislative Approach to the Problem of Computer Crime

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    A Tribute to Alexander M. Harman, Jr.

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    A Tribute to Andrew W. McThenia, Jr.

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    A Tribute to Barry Sullivan

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    A Tribute to Edmund Douglas Campbell

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    A Tribute to Edward 0. Henneman

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    A Tribute to Frederic L. Kirgis, Mark Drumbl, Jose E. Alvarez, David Partlett, David Millon, Blake D. Morant, Detlev F. Vagts, Paul F. Kirgis, John H. Jackson, Lucinda A. Low, Malgosia Fitzmaurice, Joan M. Shaughnessy, Brian C. Murchison, Samuel W. Calhoun, David Wirth, Roger D. Groot, and Mark Grunewald

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    A Tribute to Frederic L. Kirgis, David K. Millon

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    A Tribute to Joseph Edward Ulrich, Brian C. Murchison, Ross W. Krumm, James Jennings, Robert Connolly '80L, Rebecca Buehler Connelly '88L, Samuel W. Calhoun, Lyman Johnson, Ann MacLean Massie, Uncas McThenia, Joan M. Shaughnessy, and Sarah K. Wiant

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    A Tribute to J. Timothy Philipps

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    A Tribute to Lewis F. Powell, Jr

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    A Tribute To Lewis F. Powell, Jr., Oliver W. Hill

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    A Tribute to Lewis H. LaRue

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    A Tribute to Roger D. Groot

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    A Tribute To Roy Steinheimer, Robert E.R. Huntley

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    A Tribute to Walter E. Hoffman

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    A Tribute to William S. Geimer, Meredith S. Palmer, Scott E. Sundby, Kevin M. McNally, Roger D. Groot, Liz Murtagh, Ross Haine, and David I. Bruck

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    A Tribute to William T. Brotherton, Jr

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    Attachment Under The United Nations Convention On The Recognition And Enforcement Of Foreign Arbitral Awards

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    Attorney Advice and the First Amendment, Renee Newman Knake

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    A Unified Theory For Section 504 Employment Discrimination Analysis: Equivalent Costbased Standards For "Otherwise Qualified" And "Reasonable Accommodation" , Russell A. Janis

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    Autonomy And Informed Consent In Medical Decisionmaking: Toward A New Selffulfilling Prophecy, Cathy J. Jones

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    A Webb of Confusion: Equitable Tolling in Tax Refund Suits, Matthew L. Weidner

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    A Word for the Common Good, Thomas L. Shaffer

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    Balancing First Amendment Rights Of Abortion Protestors With The Rights Of Their 'Victims'

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    Ballew V. Georgia: A Move Toward Neo-Incorporationism?

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    Banishing Ipse Dixit: The Impact of Kumho Tire on Forensic Identification Science, Michael J. Saks

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    Bankruptcy Policy: Toward A Moral Justification For Financial Rehabilitation Of The Consumer Debtor, Richard E. Flint

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    Bank's Right of Setoff in Virginia

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    Behavioral Finance and Investor Governance, Lawrence A. Cunningham

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    Behind the Shield? Law Enforcement Agencies and the Self-Critical Analysis Privilege, Josh Jones

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    Bequests for Purposes: A Unified Theory, Adam J. Hirsch

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    Better Off Dead than Disabled?: Should Courts Recognize a "Wrongful Living" Cause of Action When Doctors Fail to Honor Patients' Advance Directives?, Adam A. Milani

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    Between the Scalpel and the Lie: Comparing Theories of Physician Accountability for Misrepresentations of Experience and Competence, Heyward H. Bouknight, III

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    Beyond BATSA: Getting Serious About State Corporate Tax Reform, Quinn T. Ryan

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    Beyond BATSA: State Taxation Without State Boundaries?, Neil V. Birkhoff

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    Beyond Beneficiaries: Using the Medicare Program to Accomplish Broader Public Goals, Dean M. Harris

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    Beyond the Bounds of Decency: Why Fault Continues to Matter to (Some) Wronged Spouses, Robin Fretwell Wilson

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    Beyond the Margin of Litigation: Reforming U.S. Election Administration to Avoid Electoral Meltdown, Richard L. Hasen

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    Bias Arbitrage, Amitai Aviram

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    Bibbs v. Block: Standard of Causation and Burden of Proof in an Individual Disparate Treatment Action Under Title VII

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    "Big Love"'?* The Recognition of Customary Marriages in South Africa, Penelope E. Andrews

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    Bishop V. Aronov: Religion-Tainted Viewpoints Are Banned From The Marketplace Of Ideas, John W. Hamilton

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    Blanket Music Licensing And Local Television: An Historical Accident In Need Of Reform, Frederick C. Boucher

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    Blood Ties: A Rationale for Child Visitation by Legal Strangers, John DeWitt Gregory

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    Blowing Hot and Cold at the Same Time: Section 1034 Rollover and Rental Deductions on Rental and Sale of Principal Residence

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    Booth V. Maryland, Insights Into The Contemporary Challenges To Judging, Joan M. Shaughnessy

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    Bowers V. Hard Wick: The Enigmatic Fifth Vote And The Reasonableness Of Moral Certitude, Allan Ides

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    Brady's Bunch of FLaws, Daniel S. Medwed

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    B Reorganizations: The Voting Stock Rule Revisited

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    Bribery in the Global Market: A Critical Analysis of the Foreign Corrupt Practices Act, Steven R. Salbu

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    Bridging The Gap: Some Thoughts About Interstitial Lawmaking And The Federal Securities Laws, Kevin R. Johnson

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    Broadening Executive Power in the Wake of Avena: An American Interpretation of Pacta Sunt Servanda, Houston A. Stokes

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    Broker-Dealer Sales Practice in Derivatives Transactions: A Survey and Evaluation of Suitability Requirements, Daniel G. Schmedlen, Jr.

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    Buckley v. Illinois Judicial Inquiry Board and Stretton v. Disciplinary Board of the Supreme Court: First Amendment Limits on Ethical Restrictions of Judicial Candidates' Speech, Robert M. Brode

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    Building a Better Law School, J. Timothy Philipps

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    Building a Fence of Separation: The Constitutional Validity of Land Transfers in Escaping from Establishment Clause Violations, Christopher Lauderman

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    Building Bridges: A Personal Reflection on Race, Crime, and the Juvenile Justice System, Fay Wilson Hobbs

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    But Reverend, Why Does Your Baptismal Font Have A Diving Board? Equitable Treatment For Vows Of Poverty Under The Federal Income Tax , J. Timothy Philipps

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    Cadwalader, RUPA and Fiduciary Duty, Donald J. Weidner

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    Caesar'S Wife Revisited*--Judicial Disqualification After The 1974 Amendments

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    Calculating Damages for Loss of Parental Nurture Through Multiple Regression Analysis, Talcott J. Franklin

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    Campaign Finance Reform: Central Meaning and a New Approach, Mark C. Alexander

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    Campbell v. Greer: Impeaching Witnesses with Prior Conviction Evidence in a Civil Trial

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    Can a Debtor Void a Real Property Lien that Exceeds the Value of the Collateral?: An Interpretation of Section 506(d) of the Bankruptcy Code

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    Can Buckley Clear Customs?, Harold H. Bruff

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    Can Defendants Use Mootness Doctrine To Buy Off Class Actions?

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    Capital Market Theory, Mandatory Disclosure, and Price Discovery, Lawrence A. Cunningham

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    Capital Punishment and the Courts-Martial: Questions Surface Following Loving v. United States, Christine Daniels

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    Capturing the Judiciary: Carhart and the Undue Burden Standard, Khiara M. Bridges

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    Case Comments 0. Master And Servant Raybuck V. Usx, Inc

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    Case Comments A. Arbitration Richmond, Fredericksburg & Potomac Railroad Co. V. Transportation Communication International Union

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    Case Comments: Bankruptcy Law

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    Case Comments B. Bankruptcy Willis V. Celotex Corp

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    Case Comments C. Civil Rights Proud V. Stone

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    Case Comments: Civil And Criminal Procedure And Sentencing

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    Case Comments: Constitutional Law

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    Case Comments D. Consumer Protection Ferris V. Haymore

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    Case Comments E. Constitutional Law Dinh V. Rust International Corporation

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    Case Comments F. Corporations Perpetual Real Estate V. Michaelson Properties

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    Case Comments G. Criminal Law Adams V. Aiken

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    Case Comments H. Double Jeopardy United States V. Council

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    Case Comments I. Federal Civil Procedure Watson V. Lowcountry Red Cross

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    Case Comments J. Federal Courts Guess V. Board Of Medical Examiners

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    Case Comments K. Hospitals Baber V. Hospital Corp. Of America

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    Case Comments: Labor Law

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    Case Comments L. Indemnity Imwa Equities Ix Co. V. Wbc Associates

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    Case Comments: Miscellaneous

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    Case Comments M. Labor Relations Wilson V. City Of Charlotte

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    Case Comments N. Limitation Of Actions Shofer V. Hack Co.

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    Case Comments P. Monopolies Service & Training, Inc. V. Data General Corp.

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    Case Comments R. Securities Regulation Sandberg V. Virginia Bankshares, Inc.

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    Case Comments: Securities Law

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    Case Comments S. Sovereign Immunity Goldstar (Panama) S.A. V. United States

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    Case Comments T. Trade Regulation Anheuser-Busch V. L & L Wings

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    Castles in the Air: Blanket Assent and the Revision of Article 2, Alexander M. Meiklejohn

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    Categorical and Individualized Rights- Ordering on Federal Habeas Corpus, Daniel B. Yeager

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    Catholic Labor Theory and the Transformation of Work, David L. Gregory

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    Causation, Constitutional Principles, and the Jurisprudential Legacy of the Warren Court, Michelle Adams

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    Celebrity in Cyberspace: A Personality Rights Paradigm for Personal Domain Name Disputes, Jacqueline D. Lipton

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    Central Bank v. First Interstate Bank: Not Just the End of Aiding and Abetting Under Section 10(b), Carrie E. Goodwin

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    Centrist Judging And Traditional Family Values: Or Why Papa Can'T Be A Rolling Stone, Steven H. Hobbs and Mary F. Mulligan

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    CERCLA's Natural Resource Damage Provisions: A Comprehensive and Innovative Approach to Protecting the Environment

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    Challenges to Racial Redistricting in the New Millennium: Hunt v. Cromartie as a Case Study, Guy-Uriel E. Charles and Luis Fuentes-Rohwer

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    Challenges to the Future of Civil and Political Rights, Dinah Shelton

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    Challenging Episodic Practices Under Section 2 of the Voting Rights Act: Critical Analysis of Ortiz v. City of Philadelphia Office of the City Commissioners Voter Registration Division, John A. Earnhardt

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    Charles Porterfield Light, Jr., Robert E.R. Huntley and Charles V. Laughlin

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    Chasing Down the Devil: Standards of Prudent Investment Under the Restatement (Third) of Trusts, W. Brantley Phillips, Jr.

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    Checking Congress and Balancing Federalism: A Lesson from Separation-of-Powers Jurisprudence, Keith Werham

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    Checkmate, the Treasury Finally Surrenders: The Check-the-Box Treasury Regulations and Their Effect on Entity Classification, Thomas M. Hayes

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    Chief Justice Marshall in the Context of His Times, R. Kent Newmyer

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    Children of Choice: A Doctor's Perspective, Howard W. Jones, Jr.

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    Children of Choice: Whose Children? At What Cost?, Laura M. Purdy

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    Children'S Competence To Provide Informed Consent For Mental Health Treatment , Richard E. Redding

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    Child Snatching: Remedies in the Federal Courts

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    Choice of Law for Construing Release of Federal Statutory Claims

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    Choice Of Law Stipulations By Litigants

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    Citizens Action Coalition Of Indiana, Inc. V. Northern Indiana Public Service Company. Should Utility Consumers Pay Now Or Pay Later?

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    Citizen Suits Alleging Past Violations Of The Clean Water Act

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    City National Bank V. American Commonwealth Financial Corp: The Application Of Rule 10B-13 Of The Securities Exchange Act Of 1934 To Executory Contracts

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    City Of Lafayette, Louisiana V. Louisiana Power & Light Co.: Will Municipal Antitrust Liability Doom Effective State-Local Government Relations?

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    Civil Disobedience And Operation Rescue: A Historical And Theoretical Analysis, John W. Whitehead

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    Civil Disobedience And The Iawyer'S Obligation To The Law, Judith A. McMorrow

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    Civil Justice Reform In The Fourth Circuit, Carl Tobias

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    Civil Money Sanctions Barred by Double Jeopardy: Should the Supreme Court Reject Healy?, Debra Marie Ingraham

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    Civil Resistance Or Holy Obedience? Reflections From Within A Community Of Resistance, Andrew W. McThenia, Jr.

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    Claims, Civil Actions, Congress & the Court: Limiting the Reasoning of Cases Construing Poorly Drawn Statutes, Joan Steinman

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    Clandestine Warfare: Morality And Practical Problems Confounded, John F. Murphy

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    Clarifying The Characteristics Of Brother-Sister Controlled Groups Of Corporations: United States V. Vogel Fertilizer Co.

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    Clement F. Haynsworth, Jr., Donald Russell

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    Clement F. Haynsworth, Jr.-A Personal Tribute, Lewis F. Powell, Jr.

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    Client Fraud And The Securities Lawyer'S Duty Of Confidentiality, Richard M. Phillips

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    Closing The Massachusetts Mutual V. Russell Gap: Monetary Damage Awards Under Erisa Section 502(A)(3)

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    Coercion, Pop-Psychology, and Judicial Moralizing: Some Proposals for Curbing Judicial Abuse of Probation Conditions, Andrew Horwitz

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    Collateral Estoppel and the Seventh Amendment Right to a Jury Trial: When a Party Joins Legal and Equitable Claims, Can a Court's Erroneous Dismissal of the Legal Claim Deny the Party the Opportunity for a Jury Trial?

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    Collecting a Libel Tourist's Defamation Judgment?, Doug Rendleman

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    Colloquium Foreword, Frederic L. Kirgis, Jr.

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    Combination Patents and Synergism: Must 2 + 2 = 5?

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    Come Back to the Nickel and Five:* Tracing the Warren Court's Pursuit of Equal Justice Under Law, Jim Chen

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    Commentary: Unpublication and the Judicial Concept of Audience, Joan M. Shaughnessy

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    Comment: Corporate Governance and the "D-Word", Thomas W. Joo

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    Comment on Brian R. Cheffins, Dividends as a Substitute for Corporate Law: The Separation of Ownership and Control in the United Kingdom, Lynne L. Dallas

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    Comment on For Whom the Court Tolls: Equitable Tolling of the AEDPA Statute of Limitations in Capital Habeas Cases, Roger D. Groot

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    Comments on Pretext in Employment Discrimination Litigation: Mandatory Instructions for Permissible Inferences?, Carolyn L. Wheeler

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    Comments On The Consumer Finance Industry'S Proposals To Improve The Position Of Secured Creditors In Consumer Bankruptcy Cases, Joseph E. Ulrich

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    Comments on "The Need for Comity", James P. Jones

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    Commercial Law Collides with Cyberspace: The Trouble with Perfection - Insecurity Interests in the New Corporate Asset, Xuan-Thao N. Nguyen

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    Commodity Market Manipulation, Philip McBride Johnson

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    Commodity Market Manipulation Law: A (Very) Critical Analysis and a Proposed Alternative , Craig Pirrong

    PDF

    Common Law Malpractice Liability Of Accountants To Third Parties

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    Commonwealth of Perspective on Restitutionary Disgorgement for Breach of Contract, Caprice L. Roberts

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    Commonwealth Right Of Appeal In Criminal Proceedings

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    Comparing Religions, Legally, Winnifred Fallers Sullivan

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    Compelled Self-Publication in the Employment Context: A Consistent Exception to the Defamation Requirement of Publication

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    Compelling Collective Bargaining Under Section 106) Of The National Labor Relations Act

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    Compulsory Union Membership Under The National Labor Relations Act-Is Hershey Foods Corp. The End Of The Road?

    PDF

    Computer Network Trespasses: Solving New Problems with Old Solutions, Susan M. Ballantine

    PDF

    Concurrent Jurisdiction of Title VII Actions

    PDF

    Confession of Error by Administrative Agencies, Alexander L. Merritt

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    Confidentiality and Conflicts of Interest: New Guidelines for Virginia Attorneys Under the Revised Virginia Code of Professional Responsibility

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    Conflict Resolved: An Implied Remedy Under Section 10(B) Of The '34 Act Survives Despite The Existence Of Express Remedies

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    Conflicts of Interest and the Constitution, David Orentlicher

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    Conflicts of Interest Challenges Post Mickens v. Taylor: Redefining the Defendant's Burden in Concurrent, Successive, and Personal Interest Conflicts, Mark W. Shiner

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    Conflicts of Interest: The Chinese Wall and Bank Financing of Hostile Tender Offers

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    Confronting The Ethical Case Against The Ethical Case For Constituency Rights, William W. Bratton

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    Congratulatory Note, Lewis F. Powell, Jr.

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    Congress Gave and Congress Hath Taken Away:1 Jurisdiction Withdrawal and the Constitution, Travis Christopher Barham

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    Congress In The Wings: The Czech Claims Negotiations, 1974-1981, Harry McPherson and John A. Merrigan

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    Congressional Prohibition Of Contemptuous Flag Burning Suppresses Constitutionally Protected Free Speech

    PDF

    Conservation Through Collusion: Antitrust as an Obstacle to Marine Resource Conservation, Jonathan H. Adler

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    Conserving The Nation'S Heritage Using The Uniform Conservation Easement Act, Ellen Edge Katz

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    Consolidating the Diffuse Paths to Trade Dress Functionality: Encountering TrafFix on the Way to Sears, Margreth Barrett

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    Constitutional Arguments in Favor of Modifying the HCQIA to Allow the Dissemination of Physician Information to Healthcare Consumers, Laura A. Chernitsky

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    Constitutional Fictions and Meritocratic Success Stories, Robin West

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    Constitutionality Of Mechanics' Liens Statutes

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    Constitutionality of Notice in Virginia Probate and Estate Administration

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    "Constitutional Justice" or "Constitutional Peace"? The Supreme Court and Affirmative Action, Robert J. Delahunty

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    Constitutional Limitations On Postarrest, Prehearing Detention

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    Constructive Deception Under Rule 10b-5

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    Consumer Meets Computer: An Argument For Liberal Trademark Protection Of Computer Hardware Configurations Under Section 43(A) Of The Lanham Trademark Act

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    Contemporary Social Policy Analysis and Employee Benefit Programs: Boomers, Benefits, and Bargains, Dana M. Muir

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    Contempt Of Court: The Most Important "Contemporary Challenge To Judging", Sanford Levinson

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    Contents

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    Contingency Fee Abuses, Ethical Mandates, and the Disciplinary System: The Case Against Case-by-Case Enforcement, Lester Brickman

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    Contingent Lives: The Economic Insecurity of Contingent Workers, Mary E. O'Connell

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    "Contingent Work" - Dispelling the Myth, Edward A. Lenz

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    Continuing Confusion In The Definition Of A Security: The Sale Of Business Doctrine, Discretionary Trading Accounts, And Oil, Gas And Mineral Interests

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    Contracts And Communities In Corporation Law, William T. Allen

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    Contract Versus Contractarianism: The Regulatory Role Of Contract Law, Jean Braucher

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    Contribution in Civil Antitrust Litigation: The Emerging Consensus in Legal Literature, James F. Ponsoldt and Benjamin H. Terry

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    Contributors

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    Contributors

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    Contributors

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    Contributors & Student Authors

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    Contributors To This Volume

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    Controlling Executive Compensation Through the Tax Code, Gregg D. Polsky

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    Conversion Of Customers' Property By Securities Professionals: The Applicabilty Of Rule 10B-5 In The "Contraction Era"

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    Conversion Of Judgments Measured In Foreign Currencies

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    Cooper V. Dupnik: Civil Liability For Unconstitutional Interrogations, Julie E. Hawkins

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    Copyrightability of Computer Operating Systems

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    Copyright and the First Amendment: Comrades, Combatants, or Uneasy Allies?, Joseph P. Bauer

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    Copyright Liability For Performances Of Musical Works: Use Of Background Radio Music In The Aftermath Of Twentieth Century Music Corp. V. Aiken

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    Copyright Misuse As A Defense In An Infringement Action: Lasercomb America, Inc. V. Reynolds, John Baker McClanahan

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    Copyright Wrong: The United States' Failure To Provide Copyright Protection For Works Of Architecture

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    Corporate Governance And The Outside Director - A Modest Proposal, Victor M. Earle, III

    PDF

    Corporate Insider Trading: Reawakening The Common Law, Thomas Lee Hazen

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    Corporate Liability for Overseas Human Rights Abuses: The Alien Tort Statute After Sosa v. Alvarez-Machain, David D. Christensen

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    Corporate Morality and Management Buyouts

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    Corporate Political Speech, Larry E. Ribstein

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    Corporate Takeovers And Corporations: Who Are They For?, Lyman P. Q. Johnson

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    Corporate Tax Policy For The Twenty-First Century: Integration And Redeeming Social Value , Glenn E. Coven

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    Corrective Justice From Aristotle To Second Order Liability: Who Should Pay When The Culpable Cannot?, Kathryn R. Heidt

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    Correspondent Banking and Insider Loans After the Financial Institutions Regulatory and Interest Rate Control Act of 1978

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    Could Fair Use Equal Breach of Contract?: An Analysis of Informational Web Site User Agreements and Their Restrictive Copyright Provisions, Matthew D. Walden

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    Counting Your Employees for Purposes of Title VII: It's Not as Easy as One, Two, Three, David C. Butow

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    Court Ordered Disclosure of Historical Cell Site Location Information: The Argument for a Probable Cause Standard, Patrick T. Chamberlain

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    Courts Must Welcome the Reality of the Modem World: Cyberspace Is a Place Under Title III of the Americans with Disabilities Act, Shani Else

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    Cowboy Prosecutors and Subpoenas for Incriminating Evidence: The Consequences and Correction of Excess, Robert P. Mosteller

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    Cpas Who Perform Management Consulting Services May Face Increased Exposure To Controlling Person Liability Under The Federal Securities Acts

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    Criminal Consequences for Making Babies: Probation Conditions that Restrict Procreation, Rebecca L. Miles

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    Criminal Law and Justice System Practices as Racist, White, and Racialized, Kathleen Daly

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    Critical Vendors: Line Breakers Par Excellence, Samuel W. Calhoun

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    Cycles and Pendulums: Good Faith, Norms, and the Commons, Claire Moore Dickerson

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    Death Is Different, Even on the Bayou: The Disproportionality of Crime and Punishment in Louisiana's Capital Child Rape Statute, J. Chandler Bailey

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    Dedication Edward S. Graves, Roy L. Steinheimer, Jr.

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    Dedication to Mary K. DePoy Harris

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    Dedication to Sydney Lewis

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    Defamation in the Digital Age: Some Comparative Law Observations on the Difficulty of Reconciling Free Speech and Reputation in the Emerging Global Village, Ronald J. Krotoszynski, Jr.

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    Defendant Communications With Absent Class Members in Rule 23(b)(3) Class Action Litigation

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    Deferral To Arbitration After Olin And United Technologies: Has The Nlrb Gone Too Far? , Jan W. Henkel and Mark Kelly

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    Defining An "Investment Contract": The Commonality Requirement Of The Howey Test

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    Defining Reasonably Equivalent Value Under Section 548(A) Of The Bankruptcy Code: Is Ristich The Answer?

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    Defining Recipients of Federal Financial Assistance Under the Nondiscrimination Statutes, Heidi A. Reamer

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    Defining Reliable Forensic Economics in the Post-Daubert/Kumho Tire Era: Case Studies from Antitrust, Andrew I. Gavil

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    Defining the Role of Defendant's Intentions Under Section 43(a) of the Lanham Act: Centaur Communications v. AISIM Communications

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    Defining the."Task at Hand": Non-Science Forensic Science After Kumho Tire Co. v. Carmichael, D. Michael Risinger

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    Delaware Amendment Relaxes Directors' Liability

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    Delaware Developments

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    Deliberate Indifference: Judicial Tolerance of Racial Bias in Criminal Justice, Bryan A. Stevenson and * Ruth E. Friedman

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    Deposit Guaranty National Bank v. Roper and U.S. Parole Commission v. Geraghty: Solution for or Confusion of Class Action M ootness?

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    Deregulating Telecommunications in Internet Time, James B. Speta

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    Deregulation, Reregulation, and the Myth of the Market, Edward L. Rubin

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    Derivative Liability In Securities Law: Controlling Person Liability, Respondeat Superior, And Aiding And Abetting, Ralph C. Ferrara and Diane Sanger

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    Derivatives at Bankruptcy: Lifesaving Knowledge for the Small Firm, Jonathon Keath Hance

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    Designing Transparency: The 9/11 Commission and Institutional Form, Mark Fenster

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    Destroying the Barriers Between Commercial and Investment Banking: Should Congress Repeal the Glass-Steagall Act?

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    Determining The Scope Of Copyright Protection For A Computer Program'S Nonliteral Elements: Is It As Easy As 1*2*3*?*

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    Deterrence: The Legitimate Function of the Public Tort, Thomas C. Galligan, Jr.

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    Developmental Implications of Children's Virtual Worlds, Kaveri Subrahmanyam

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    Developments In Corporate Takeover Techniques: Creeping Tender Offers, Lockup Arrangements, And Standstill Agreements

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    Dewsnup V. Timm And Nobelman V. American Savings Bank: The Strip Down Of Liens In Chapter 12 And Chapter 13 Bankruptcies, William E. Callahan, Jr.

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    Did Falwell Hustle Hustler? Allowing Public Figures To Recover Emotional Distress Damages For Nonlibelous Satire

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    Digest

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    Digest

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    Digest

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    Direct Evidence Of Discriminatory Intent And The Burden Of Proof: An Analysis And Critique , Charles A. Edwards

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    Director And Audit Committee Responsibilities Relating To Perquisites, Charles B. Tomm

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    Director Dismissal Of Derivative Suits After Zapata Corp. V. Maldonado

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    Directors' Duties And Liabilities Under The Securities Acts And Corporation Law, Elliot Goldstein and Michael Shepherd

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    Directors' Standard Of Care And Directors' Liability Under The Virginia Stock Corporation Act

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    "Disclose-or-Abstain" Without Restraint: The Supreme Court Misses the Mark on Rule 14e-3 in United States v. O'Hagan, E. Livingston B. Haskell

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    Disclosing the White Knight-When Does the Duty Arise?

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    Disclosure Of Environmental Liabilities Under The Securities Laws: The Potential Of Securities-Market-Based Incentives For Pollution Control , Perry E. Wallace

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    Disclosure of Soft Information in Tender Offers After Flynn V. Bass Brothers Enterprises, Inc.

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    Discretionary Commodity Accounts: Are They Securities and Does It Really Matter?

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    Discretionary Commodity Accounts: Why They are not Governed by the Federal Securities Laws, Kenneth M. Raisler, Whitney Adams, and Maureen A. Donley-Hoopes

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    Discriminatory Speech And The Tort Of Intentional Infliction Of Emotional Distress, Jean C. Love

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    Disobedience And Coercive Contempt Confinement: The Terminally Stubborn Contemnor, Doug Rendleman

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    Dispelling the Myths of Pendent and Ancillary Jurisdiction: The Ramifications of a Revised History, Mary Brigid McManamon

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    Dividends as a Substitute for Corporate Law: The Separation of Ownership and Control in the United Kingdom, Brian R. Cheffins

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    Does Law Need an Analyst? Prospects for Lacanian Psychoanalysis in Law, Richard E. Redding

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    Does The European Community Have A Fatal Attraction For Hostile Takeovers? A Comparison Of The European Commission'S Proposed Directive On Takeover Bids And The United States Experience

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    Does the Growth in the Contingent Work Force Demand a Change in Federal Policy?, Patricia Schroeder

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    Does the Tax Injunction Act of 1937 Affect State Court Jurisdiction over State Tax Challenges Under Section 1983 of the Civil Rights Act of 1871?

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    Does the World Need Knights Errant to Combat Enemies of All Mankind? Universal Jurisdiction, Connecting Links, and Civil Liability, Zachary Mills

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    Doing Well While Doing Good: Reassessing the Scope of Directors' Fiduciary Obligations in For-Profit Corporations with Non-Shareholder Beneficiaries, Lisa M. Fairfax

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    DOMA as a Defensible Exercise of Congressional Power Under the Full-Faith-and-Credit Clause, Timothy Joseph Keefer

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    Don't Forget What We're Fighting For: Will the Fourth Amendment Be a Casualty of the War on Terror?, Heath H. Galloway

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    Don't Get the Wrong IDEA: How the Fourth Circuit Misread the Words and Spirit of Special Education Law-and How to Fix It, Michael T. McCarthy

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    Don't Give Me That!: Tax Valuation of Gifts to Art Museums, Mary Varson Cromer

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    Double Jeopardy and Capital Sentencing: Preserving the Implied Acquittal of Death in the Wake of Sattazahn v. Pennsylvania, Leslie Evans Wood

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    Double Jeopardy: A Systematic Method For Evaluating Evidentiary Sufficiency And Weight Of The Evidence

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    Doubts About Daubert: Psychiatric Anecdata as a Case Study, Christopher Slobogin

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    Down But Not Out-The Lock-Up Option Still Has Legal Punch When Properly Used

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    Drawing the Line on the Ineffective Assistance of Counsel Defense: United States v. Decoster (III)

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    Dual Construction of RICO: The Road Not Taken in Reves, Bryan T. Camp

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    Dual Nationality, Dominant Nationality and Federal Diversity Jurisdiction

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    Duck Duck Recuse? Foreign Common Law Guidance & Improving Recusal of Supreme Court Justices, R. Matthew Pearson

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    Due-On-Sale Clauses And Clogging The Equity Of Redemption

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    Due Process and Punitive Damages: The Error of Federal Excessiveness Jurisprudence, A. Benjamin Spencer

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    Due Process in Civil Commitments, Alexander Tsesis

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    Due Process Limitations On Prosecutorial Discretion In Re-Charging Defendants: Pearce To Blackledge To Bordenkircher, Donald C. Smaltz

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    Due Process on the "Uncharted Seas of Irrelevance":t Limiting the Presence of Victim Impact Evidence at Capital Sentencing After Payne v. Tennessee, Justin D. Flamm

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    Early Alternative Dispute Resolution In A Federal Administrative Agency Context: Experimentation With The Offeror Process At The Consumer Product Safety Commission, Carl Tobias

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    Economics v. Equity: Do Market-Based Environmental Reforms Exacerbate Environmental Injustice?, Stephen M. Johnson

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    Economics v. Equity II: The European Experience, Stephen M. Johnson

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    Education For Economic Security Act: The Secular Humanism Ban And Equal Access Act

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    Edward S. Graves, Robert E. R. Huntley

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    Edward S. Graves - View from the Bar, Cecil W. Taylor

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    Effects of Reputation on the Legal Profession, Fred C. Zacharias

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    Efficient Market Theory: Let the Punishment Fit the Crime* , Louis Lowenstein

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    Electronically Stored Evidence: Answers to Some Recurring Questions Concerning Pretrial Discovery and Trial Usage, Richard Allan Horning

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    Eliminating Distinctions Between Commercial And Political Speech: Replacing Regulation With Government Counterspeech

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    Elimination of the Conduct Requirement in Government Monopolization Cases, Alfred F. Dougherty, Jr.; John B. Kirkwood; and James D. Hurwitz

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    Elrod V. Burns: Chipping At The Iceberg Of Political Patronage

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    Emergency Planning and Community Right-to-Know Citizen Suits: Should the Supreme Court Extend Gwaltney?, Jeffrey A. Keithline

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    Emergency Power of the Commodity Futures Trading Commission

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    Emerging Concepts Of Federalism: Limitations On The Spending Power And National Health Planning

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    Employee Equity Incentive Plans For Small Companies: A Proposal For A Specific Registration Exemption From The 1933 Act

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    Employee Medical Records and the Constitutional Right to Privacy

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    Employee or Entrepreneur?, Jeffrey M. Hirsch

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    Employee Plan Trading in Commodity Futures, Thomas A. Russo, Stephan G. Bachelder, and Bronislaw E. Grala

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    Employer Liability In West Virginia: Compensation Beyond The Law

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    Employment Discrimination And The Visually Impaired, David A. Yuckman

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    Encouraging Employers to Abandon Their "No Comment" Policies Regarding Job References: A Reform Proposal, Robert S. Adler and Ellen R. Peirce

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    Energy Policy Advice for the New Administration, Joseph P. Tomain

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    Enforcing Conventional Morality Through Taxation?: Determining the Excludability of Employer-Provided Domestic Partner Health Benefits Under Sections 105(b) and 106 of the Internal Revenue Code, Lindsay Brooke King

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    Enjoining Political Protest Strikes

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    Enterprise Liability And Insider Trading, Alfred F. Conard

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    Enterprise Liability in Private Civil RICO A ctions

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    Environmental Liability For Lenders After United States V. Fleet Factors, Corp.: Deep Pockets Or Deep Problems?

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    Environmental Superliens and the Problem of Mortgage-Backed Securitization, Jonathan Remy Nash

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    Environmental Supra-Nationalism, Mark A. Drumbl

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    Environment And Trade Measures After The Tuna/Dolphin Decision, Frederic L. Kirgis, Jr.

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    Equal Educational Opportunity by the Numbers: The Warren Court's Empirical Legacy, Michael Heise

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    Equal Justice Under Law, Erwin N. Griswold

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    Equal Protection Challenges To Legislative Abrogation Of The Collateral Source Rule

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    Equal Protection Challenges To Legislative Abrogation Of The Collateral Source Rule

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    Equipment Lessors And Secured Parties In Bankruptcy: An Argument For Coherence, Margaret Howard

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    Eradicating Discrimination Among Individuals with Disabilities: Parity in Employer-Provided, Long-Term Disability Benefit Plans, Andrea K. Short

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    Erasing The Law: The Implications Of Settlements Conditioned Upon Vacatur Or Reversal Of Judgments, Michael W. Loudenslager

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    ERISA Protections Provide Guidance for Social Security Privatization, Ian D. Lanoff and Roberta J. Ufford

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    Errata

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    Errata

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    Establishment Clause Limits on Governmental Interference with Religious Organizations, Carl H. Esbeck

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    Estate Taxation Of Life Insurance Under §2042: Recent Decisions Defining Incidents Of Ownership

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    Evaluating "Deregulation" of Commercial Air Travel: False Dichotomization, Untenable Theories, and Unimplemented Premises, Peter C. Carstensen

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    Eviction Without Conviction: PublicHousing Leasehold Forfeiture Under 21 U.S.C.Section 881, Gregory W. Wiercioch

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    Evidence-Based Medicine in the Law Beyond Clinical Practice Guidelines: What Effect Will EBM Have on the Standard of Care?, Carter L. Williams

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    Examining EPAct 2005: A Prospective Look at the Changing Regulatory Approach of the FERC, Heather Curlee

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    Exhaustion Of Internal Union Remedies As A Prerequisite To Section 301 Actions Against Employers

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    Existing in a Legal Limbo: The Precarious Legal Position of Standards-Development Organizations, Tyler R.T. Wolf

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    Expanding Criminal Procedural Rights Under State Constitutions

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    Ex Parte Interviews With Enterprise Employees: A Post-Upjohn Analysis, Louis A. Stahl

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    Ex Parte Pre-Trial Discovery: The Real Vice Of Parallel Investigations, Joseph M. Hassett

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    Extension Of The Minimum Open Tender Offer Period: Regulation Of Defensive Takeover Tactics Via The Business Judgment Rule

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    Extraterritorial Application Of § 10(B) Of The Securities Exchange Act Of 1934-The Implications Of Bersch V. Drexel Firestone, Inc. And Lit V. Vencap, Ltd.

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    Extraterritorial Application of Fraud Provisions of the Commodity Exchange Act

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    Facing a Hobson's Choice? The Constitutionality of the EPA's Administrative Compliance Order Enforcement Scheme Under the Clean Air Act, Christopher M. Wynn

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    Failed Rescue: Why Davis v. FEC Signals the End to Effective Clean Elections, E. Stewart Crosland

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    Fair Credit Reporting Act: Is A Grand Jury Subpoena A Court Order?

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    Fairness And Feres: A Critique Of The Presumption Of Injustice, Joan M. Bernott

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    Fairness or Federalism in the Supreme Court's Minimum Contact Analysis: World-Wide Volkswagen Corp. v. Woodson

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    Fairness Regulation: An Idea Whose Time Has Gone, Donald E. Lively

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    Fair Notice, Even for Terrorists: Timothy McVeigh and a New Standard for the Ex Post Facto Clause, Andrew J. Gottman

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    Fair Use in Commercial Advertising

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    Faith and Federalism: Do Charitable Choice Provisions Preempt State Nondiscrimination Employment Law?, Melissa McClellan

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    Faith In Secular Religion: A Brief Reply, Aviam Soifer

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    Faith in the Republic: A Frances Lewis Law Center Conversation, Stanley Hauerwas, Sanford Levinson, and Mark V. Tushnet

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    Fashionable IP or IP for Fashion?, Norman L. Balmer

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    Fear And Loathing In Perpetuities, John W. Weaver

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    Federal Civil Rules In The Fourth Circuit.

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    Federalism And The Law Of Securities Regulation: TheLegacy Of Brown V. Board Of Education, Jan G. Deutsch and Lewis H. LaRue

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    Federal Marital Privileges In A Criminal Context: The Need For Further Modification Since Trammel The

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    Federal Recognition Of Performance Art Author Moral Rights

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    Federal Regulation

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    Federal Rule of Evidence 502: Stirring the State Law of Privilege and Professional Responsibility with a Federal Stick, Henry S. Noyes

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    Federal Taxation Of Prepaid College Tuition Plans, J. Timothy Philipps

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    Fertility and Virtual Reality, Edward Castronova

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    Fetal Tissue Research: Legal Regulation Of Human Fetal Tissue Transplantation, Gregory Gelfand and Toby R. Levin

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    Fiduciary Duty Contracts in Unincorporated Firms, Larry E. Ribstein

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    Fighting Racism in the Twenty-First Century, Dorothy A. Brown

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    Filling in the Blank: Defining Breaches of Contract Excepted from Discharge as Willful and Malicious Injuries to Property Under 11I U.S.C. § 523(a)(6), Bryan Hoynak

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    Filtering Through a Mess: A Proposal to Reduce the Confusion Surrounding the Requirements for Standing in False Advertising Claims Brought Under Section 43(a) of the Lanham Act, Peter S. Massaro, III

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    Finality And Fair Representation: Grievance Arbitration Is Not Final If The Union Has Breached Its Duty Of Fair Representation.

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    Financial Accounting and Corporate Behavior, David I. Walker

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    Financial Conflicts of Interest in Human Subjects Research: Proposals for a More Effective Regulatory Scheme, Karen A. Jordan

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    Finding a True Story of American Religion: Comments on L.H. LaRue's Constitutional Law as Fiction: Narrative in the Rhetoric of Authority, Winnifred Fallers Sullivan

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    Finding SIGTARP in the Separation of Powers Labyrinth, Jonathan R. Siegel

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    First National Maintenance Corp. V. Nlrb: The Supreme Court Narrows Employers' Section 8(A)(5) Duty To Bargain

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    Fitting Punishment, Juliet Stumpf

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    Flexibility at What Price? The Costs of Part-Time Work for Women Workers, Ann Bookman

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    Focusing on Children: Providing Counsel to Children in Expedited Proceedings to Terminate Parental Rights, Bridget A. Blinn

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    Force, Stanley E. Fish

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    Forensic Hair Analysis: The Case Against The Underemployment Of Scientific Evidence, Edward J. Imwinkelried

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    Foreword, Francis D. Murnaghan, Jr.

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    Foreword, James M. Sprouse

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    Foreword: Certification: Assuring the Primacy of State Law in the Fourth Circuit, John D. Butzner, Jr. and Mary Nash Kelly

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    Foreword: Clothed With Integrity: The Consequences Of Attorney Disloyalty In The Fourth Circuit, K. K. Hall

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    Foreword: The Impact of Judicial Decision-Making, H. Emory Widener

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    Foreword to Freedom of Contract and Fiduciary Duty: Organizing the Internal Relations of the Unincorporated Firm, Donald J. Weidner

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    Form and Substance in the Definition of a "Security": The Case of Limited Liability Companies, Larry E. Ribstein

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    Form U-5 Defamation, Anne H. Wright

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    For The Civil Practitioner

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    For the Civil Practitioner, Bonnie R. Gerhardt

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    For The Civil Practitioner

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    For The Civil Practitioner Review Of Fourth Circuit Opinions In Civil Cases Decided November 1, 1991 Through December 31, 1992

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    For The Criminal Practitioner, CARL HORN

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    For the Criminal Practitioner, Thomas R. Ascik

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    For the Criminal Practitioner, Thomas R. Ascik

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    For The Criminal Practitioner Review Of Fourth Circuit Opinions In Criminal Cases Decided In Calendar Year 1992, Carl Horn

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    For The Criminal Practitioner: Review Of Fourth Circuit Opinions In Criminal Cases Decided July 1, 1991 Through March 31, 1992, Carl Horn

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    Forward, James Dickson Phillips, Jr.

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    For Whom the Court Tolls: Equitable Tolling of the AEDPA Statute of Limitations in Capital Habeas Cases, Aaron G. McCullough

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    Fourth Circuit Publication Practices, Carl Tobias

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    Fourth Circuit Review

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    Fourth Circuit Review

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    Fourth Circuit Review

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    Fourth Circuit Review

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    Fourth Circuit Review

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    Fourth Circuit Review

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    Fourth Circuit Review

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    Fourth Circuit Review

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    Fourth Circuit Review: Foreword, Francis D. Murnaghan, Jr.

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    Fourth Circuit Review: Table of Cases

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    Fourth Circuit Review: Table of Contents

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    Fragmented Lives: Disability Discrimination and the Role of "Environment-Framing", Ani B. Satz

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    Frances Lewis Law Center Project A Statutory Approach To Implied Warranties On New Residential Construction

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    Fraudulent Conveyances And Preferences In Virginia, Joseph E. Ulrich

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    Freedom of Contract and the Securities Laws: Opting Out of Securities Regulation by Private Agreement, Elaine A. Welle

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    Freedom of Contract, Fiduciary Duties, and Partnerships: The Bargain Principle and the Law of Agency, J. Dennis Hynes

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    Freedom of Contract: The Trojan Horse of Rule 10b-5, Margaret V. Sachs

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    Freezeout Merger Regulation: An SEC Rule Joins State Efforts

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    From Social Safety Net to Dragnet: African American Males in the Criminal Justice System, Jerome G. Miller

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    From the eXile Files: An Essay on Trading Justice for Peace, Michael P. Scharf

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    From the XYZ Affair to the War on Terror: The Justiciability of Time of War, John M. Hagan

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    Fullilove v. Klutznick: Do Affirmative Action Plans Require Congressional Authorization?

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    Future Advances Under The Ulta And The Uslta: The Construction Lender Receives A New Status

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    Games CEOs Play and Interest Convergence Theory: Why Diversity Lags in America's Boardrooms and What To Do About It, Steven A. Ramirez

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    Garn-St Germain: A Harbinger Of Change, Stanley M. Gorinson and Glenn B. Manishin

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    Gender Bias Task Force: Comments on Courtroom Environment, Sam W. Coleman, III

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    Gender Bias Task Force: Comments on Family Law Issues, Philip Trompeter

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    Gender Bias Task Force: Comments on Substantive Law Issues, Jane Marum Roush

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    Gender Bias Task Force: Comments on the Final Report, Elizabeth B. Lacy

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    Gentile V. State Bar Of Nevada: Implications For The Media, Gregory A. Garbacz

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    Getting Beyond Religion as Science: "Unstifling" Worldview Formation in American Public Education, Barry P. McDonald

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    Gissel Bargaining Orders: Circuit Courts 'Struggle To Limit Nlrb Abuse

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    Glass-Steagall and Collective Investment Trusts for Individual Retirement Accounts: Fiduciary Purpose or Investment?

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    Golden Parachutes: ExecutiveEmployment Contracts, William R. Spalding

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    Good Sense and 21, Paul D. Carrington

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    Grand Jury: A Prosecutor Need Not Present Exculpatory Evidence

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    Grand Jury Secrecy And The Administrative Agency: Balancing Effective Prosecution Of White Collar Crime Against Traditional Safeguards, Marvin G. Pickholz and Joyce Merrick Pickholz

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    Greater Efficiency or Higher Consumer Rates? FCC Preemption of State Depreciation Methods for Telephone Companies in Virginia State Corporation Commission v. FCC

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    Greenmail, The Control Premium And Shareholder Duty, Roberta S. Karmel

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    Groundwork Of The Metaphysics Of Corporate Law, Lawrence E. Mitchell

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    Grouping Fraud and Money Laundering Under the Federal Sentencing Guidelines: The Need for Uniformity and Proportionality, Christopher J. Fernandez

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    Groups In Perspectives, Carol Weisbrod

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    Guns, Extremists, and the Constitution, Calvin Massey

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    Habeas Standards of Review Under 28 U.S.C. § 2254(d)(1): A Commentary on Statutory Text and Supreme Court Precedent, Allan Ides

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    Hard Bargains: The Politics of Heterosexuality, Linda Hirshman

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    Has Time Rewritten Every Line?: Recovered-Memory Therapy and the Potential Expansion of Psychotherapist Liability, Jeffrey A. Mullins

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    Hedging the Value of Collective Assets: Financial Institutions Excluded from Regulation as Commodity Pool Operators Under the Commodity Exchange Act, Carl B. Wilkerson

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    Hedonic Damages In Section 1983 Actions: A Remedy For The Unconstitutional Deprivation Of Life

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    Heightened Immunity For Comparative Advertising Speech: A Response To U.S. Healthcare

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    Henry Knox and the Moral Theology of Law Firms, Thomas L. Shaffer

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    Hill-Burton Notice Provisions: Informing The Indigent

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    Holland V. Illinois: The Supreme Court Narrows The Scope Of Protection Against Discriminatory Jury Selection Procedures

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    Home Videorecording and Copyright Law: The Betamax Case

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    Hostile Tender Offers And Injunctive Relief For 14(E) Manipulation Claims: Developments After Mobil Corp. V. Marathon Oil Co.

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    How Not to Imitate John Marshall, Lewis H. LaRue

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    How the Door of Ijtihad Was Opened and Closed: A Comparative Analysis of Recent Family Law Reforms in Iran and Morocco, Ziba Mir-Hosseini

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    How the Supreme Court Delivers Fire and Ice to State Criminal Justice, Ronald F. Wright

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    Human Rights in the United States Courts: The Role of Lawyers, Steven M. Schneebaum

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    I. Administrative Law

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    I. Administrative Law

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    I. Administrative Law

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    I. Administrative Law

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    I. Administrative Law

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    I. Administrative Law

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    I. Administrative Law

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    I. Admiralty

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    I. Admiralty

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    I. Admiralty & Maritime Law

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    I. Bankruptcy

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    I. Bankruptcy & Creditors' Rights

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    I. Communications Law

    PDF

    I. Constitutional Law

    PDF

    I. Constitutional Law

    PDF

    I. Definition Of A "Security"

    PDF

    Identifying Law's Unconscious: Disciplinary and Rhetorical Contexts, David S. Caudill

    PDF

    If It Looks Like a Duck ... : Private International Arbitral Bodies Are Adjudicatory Tribunals Under 28 U.S.C. § 1782(a), Brandon Hasbrouck

    PDF

    If Paying for Quality Is Such a Bad Idea, Why Is Everyone for It?, Bruce C. Vladeck

    PDF

    "If We Recant, Would We Qualify?": Exclusion of Religious Providers from State Social Service Voucher Programs, Rebecca G. Rees

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    If You Can't Trust a Fiduciary, Who Can You Trust? Using State Fiduciary Duties to Compel Shareholders in Closely Held Corporations to Disclose Preliminary Merger Negotiations

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    II. Admiralty

    PDF

    II. Admiralty

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    Ii. Admiralty

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    Ii. Admiralty

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    Ii. Admiralty

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    Ii. Admiralty

    PDF

    Ii. Antitrust

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    II. Antitrust

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    II. Antitrust Law

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    Ii. Civil And Crimnal Procedure

    PDF

    Ii. Civil & Criminal Procedure

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    Ii. Civil Procedure

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    Ii. Civil Procedure

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    II. Civil Procedure

    PDF

    Ii. Conflicting Standards Of Liability In Short Form Registration: The Underwriter'S Dilemma

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    II. Constitutional Law & Civil Rights

    PDF

    III. Antitrust

    PDF

    III. Antitrust Law & Trade Regulation

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    Iii. Attorney'S Fees

    PDF

    Iii. Bankruptcy

    PDF

    Iii. Bankruptcy

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    III. Bankruptcy & Creditors' Rights

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    Iii. Bankruptcy Law

    PDF

    III. Civil Procedure

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    Iii. Civil Procedure

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    Iii. Civil Rights

    PDF

    Iii. Constitutional Law

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    III. Corporate & Securities Law

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    III. Criminal Law and Procedure

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    Iii. Environmental Law

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    Iii. Evidence

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    Iii. Parameters Of Class Actions In Shareholder Litigation

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    Iii. Proxy Soliciation

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    Iii. Section 16 (B)

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    Ii. Rule 10B-5

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    Ii. Tender Offers: Injunctive Relief Under The Williams Act

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    Illinois v. Gates: Broadening the Standard for Determining Probable Cause Based on Informants' Tips

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    Imdex Pt. 5

    PDF

    Imminently Eminent: A Game Theoretic Analysis of Takings Since Kelo v. City of New London, Alex Hornaday

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    Impact of the Reagan Administration on the Law of the Sea, George D. Haimbaugh, Jr.

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    Implied Private Rights of Action and the Federal Securities Laws: A Historical Perspective, John A. Maher

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    Implied Private Rights of Action Under Section 17(a)

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    Implied Private Rights Of Action Under Section 6(B) Of The Securities Exchange Act Of 1934

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    Implied Private Rights of Action Under the Commodities Acts

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    Implied Private Rights Of Action Under The Investment Company Act Of 1940

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    Important Steps and Instructive Models in the Fight to Eliminate Violence Against Women, Elizabeth M. Misiaveg

    PDF

    Improving One'S Situation: Some Pragmatic Reflections On The Art Of Judging, Catharine Pierce Wells

    PDF

    In a Class by Themselves: A Proposal to Incorporate Tribal Courts into the Federal Court System Without Compromising Their Unique Status As "Domestic Dependent Nations", R. Stephen McNeill

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    Inadequate Checks and Balances: Critiquing the Imbalance of Power in Arms Export Regulation, Charles L. Capito III

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    Income Taxation and the Calculation of Tort Damage Awards: The Ramifications of Norfolk & Western Railway v. Liepelt

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    Inconsistencies In The Federal Circuit Courts' Application Of The Coconspirator Exception

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    Inconsistent Judgments, John C. McCoid, II

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    Incorporating A Cash Basis Business: The Problem Of Section 357©

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    Incorporating State Law Fiduciary Duties into the Federal Insider Trading Prohibition, Stephen M. Bainbridge

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    In Critique Of A Reductivist Conception And Examination Of "The Just Organization", Charles D. Watts, Jr.

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    In Defense of the Professional Standard of Care: A Response to Carter Williams on "Evidence-Based Medicine", Ann MacLean Massie

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    In Defense Of The Shareholder Wealth Maximization Norm: A Reply To Professor Green, Stephen M. Bainbridge

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    Independent Contractors, Employees, andEntrepreneurialism Under the NationalLabor Relations Act: A Worker-by-Worker Approach, Micah Prieb Stoltzfus Jost

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    Index Articles, Notes & Comments

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    Index - Digest

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    Index-Digest

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    Index Part 1

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    Index Part 2

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    Index Part 2

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    Index Part 3

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    Index Part 3

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    Index Part 4

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    Index Part 4

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    Index Part 5

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    Index Part 5

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    Index Pt. 1

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    Index Pt. 1

    PDF

    Index Pt. 1

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    Index Pt. 1

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    Index Pt. 1

    PDF

    Index Pt. 1

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    Index Pt. 1

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    Index Pt. 2

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    Index Pt. 2

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    Index Pt. 2

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    Index Pt. 2

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    Index Pt. 2

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    Index Pt. 2

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    Index Pt. 2

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    Index Pt. 3

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    Index Pt. 3

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    Index Pt. 3

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    Index Pt. 3

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    Index Pt. 3

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    Index Pt. 3

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    Index Pt. 3

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    Index Pt. 4

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    Index Pt. 4

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    Index Pt. 4

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    Index Pt. 4

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    Index Pt. 4

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    Index Pt. 5

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    Index Pt. 5

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    Index Pt. 5

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    Index Pt. 5

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    Index Pt. 6

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    Index Student Authors

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    Index to volume 37

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    Index To Volume 39

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    Index To Volume 40

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    Index To Volume 44 Part 1

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    Index Volume 51 Part 1

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    Index Volume 51 Part 2

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    Index Volume 51 Part 3

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    Individual Rights And Government Power In Collision: A Look At Rust V. Sullivan Through The Lens Of Power Analysis, Moira T. Roberts

    PDF

    Individual Rights and Investor Protections in a Trade Regime: NAFTA and CAFTA, Amy K. Anderson

    PDF

    Individual Tax Reform For Fairness And Simplicity: Let Economic Growth Fend For Itself , Martin J. McMahon, Jr.

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    Industry-Wide Liability: Solving the Mystery of the Missing Manufacturer in Products Liability Law

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    Inequitable Conduct Inequitably Inferred: When Do Patent Applicants' Actions Intend to Deceive?, Chris Henry

    PDF

    Injuries to Business Under the Virginia Conspiracy Statute: A Sleeping Giant, Joseph E. Ulrich and Killis T. Howard

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    In Praise Of Roy, Joseph E. Ulrich

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    In Re Quinlan: One Court'S Answer To The Problem Of Death With Dignity

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    In Response To A Restatement Of Corporate Freezeouts, Michael D. Goldman and Donald J. Wolfe, Jr.

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    [Insert Song Lyrics Here]: The Uses and Misuses of Popular Music Lyrics in Legal Writing, Alex B. Long

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    Insider Trading and the Insider Trading Sanctions Act of 1984: New Wine Into New Bottles?, David M. Brodsky

    PDF

    Installment Land Contracts: Developing Law in Virginia

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    Institutions, Incentives, and Consumer Bankruptcy Reform, Todd J. Zywicki

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    Insurance Tax Policy And Health Care Reform: Back To The Future , Curt W. Fochtmann, Frank E. Plan, and Thomas J. Minor

    PDF

    Integration of Securities Offerings: Obstacles to Capital Formation Remain for Small Businesses, Perry E. Wallace, Jr.

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    Integration Of The Law Of Easements, Real Covenants And Equitable Servitudes, Lawrence Berger

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    Interbranch Cooperation in Improving the Administration of Justice: A Major Innovation, Mark W. Cannon and Warren I. Cikins

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    Interdisciplinarity as Colonization, J. B. Balkin

    PDF

    Interference on Both Sides: The Case Against the NFL-NFLPA Contract, Robert A. McCormick

    PDF

    Interjurisdictional Competition in Enforcing Noncompetition Agreements: Regulatory Risk Management and the Race to the Bottom, Timothy P. Glynn

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    Interlocutory Appeals from Orders Denying Qualified Immunity: Determining the Proper Scope of Appellate Jurisdiction, Kathryn R. Urbonya

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    International Cooperation In Insider Trading Cases

    PDF

    International Cooperation in Securities Enforcement

    PDF

    International Law and Abolition of the Death Penalty, William A. Schabas

    PDF

    International Trade And Environment: Lessons From The Federal Experience, Richard B. Stewart

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    International Trade And The Environment: Interdependent Goals Or Irreconcilable Conflict? Introduction

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    Internet Hate Speech: The European Framework and the Emerging American Haven, Christopher D. Van Blarcum

    PDF

    Interpreting the Constitution from Inside the Jury Box: Affecting Interstate Commerce as an Element of the Crime, Richard W. Smith

    PDF

    Intersection and Divergence: Some Reflections on the Warren Court, Civil Rights, and the First Amendment, Lillian R. BeVier

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    Intervening Convictions as Support for Enhanced Sentences Following Appeal and Retrial

    PDF

    Intervention in the Public Interest Under Rule 24(a)(2) of the Federal Rules of Civil Procedure

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    In the 1990's the Government Must Be a Reasonable Person in Its Workplaces: The Discretionary Function Immunity Must Be Trimmed, Victor E. Schwartz and Liberty Mahshigian

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    In The Aftermath Of Soering, Is Interstate Extradition To Virginia Illegal?

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    In the Land Between Two Maps: Perceived Disabilities, Reasonable Accommodations, and Judicial Battles over the ADA, Nicholas R. Frazier

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    Introducing Brokers Under The Commodity Exchange Act: A New Category Of Commodity Professionals, Don L. Horwitz and David J. Gilberg

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    Introduction, Erik Luna and Marianne Wade

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    Introduction

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    Introduction

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    Introduction

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    Introduction, Thomas Lee Hazen

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    Introduction, Jim Sasser

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    Introduction [to the Symposium], Joan M. Shaughnessy

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    Introduction to the Symposium, Lindsay B. King

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    Introductory Essay: The Relevance of Gender Bias Studies, Blake D. Morant

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    Invading an Article III Court's Inherent Equitable Powers: Separation of Powers and the Immediate Termination Provisions of the Prison Litigation Reform Act, Theodore K. Cheng

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    Invaluable Tool vs. Unfair Use of Private Information: Examining Prosecutors' Use of Jurors' Criminal History Records in Voir Dire, Lance Salyers

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    Invasion Of Privacy-Some Communicative Torts Whose Time Has Gone, Harvey L. Zuckman

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    Inventory Lender As A Good Faith Purchaser For Value: Priority Problems In U.C.C. 2-702

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    Iran and Libya Sanctions Act of 1996: Congress Exceeds Its Jurisdiction to Prescribe Law, Richard G. Alexander

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    Irreparability Resurrected?: Does a Recalibrated Irreparable Injury Rule Threaten the Warren Court's Establishment Clause Legacy?, Doug Rendleman

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    I. Rule 10B-5

    PDF

    Is a Textualist Approach to Statutory Interpretation Pro-Environmentalist?: Why Pragmatic Agency Decisionmaking Is Better than Judicial Literalism, Bradford C. Mank

    PDF

    Is Emissions Trading an Economic Incentive Program?: Replacing the Command and Control/Economic Incentive Dichotomy, David M. Driesen

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    Is Fairness Irrelevant?: The Evisceration of Federal Habeas Corpus Review and Limits on the Ability of State Courts to Protect Fundamental Rights, Stephen B. Bright

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    Is It Possible To Take Both Fetal Life And Women Seriously? Professor Laurence Tribe And His Reviewers, Samuel W. Calhoun and Andrea E. Sexton

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    Is "Psychological Self-Defense" a Solution to the Problem of Defending Battered Women W ho Kill?

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    Is Silence Golden? A Director'S Duty To Disclose Preliminary Merger And Acquisition Negotiations , Lawrence G. Nusbaum, III and David C. Young

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    Issues Of Sovereignty In Escheat And The Uniform Unclaimed Property Act*, Andrew W. McThenia, Jr. and David J. Epstein

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    Is the Family a Federal Question?, Meredith Johnson Harbach

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    Is There Light at the End of the Tunnel? Balancing Finality and Accuracy for Federal Black Lung Benefits Awards, Brian L. Hager

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    Is the Shingle Theory Dead?, Roberta S. Karmel

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    Is the Supreme Court Ready to Recognize Another Privilege? An Examination of the Accountant-Client Privilege in the Aftermath of Jaffee v. Redmond, Thomas J. Molony

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    It'S Not Easy Being Easy: Advising Tax Return Positions , J. Timothy Philipps

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    IV. Bankruptcy & Creditors' Rights

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    Iv. Civil Procedure

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    IV. Civil Procedure

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    Iv. Civil Procedure

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    Iv. Civil Procedure

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    IV. Civil Rights

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    Iv. Civil Rights & Employment Discrimination

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    Iv. Constitutional Law

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    Iv. Copyright, Patent & Trademark Law

    PDF

    Iv. Criminal Procedure

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    IV. Criminal Procedure

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    Iv. Defamation & Libel

    PDF

    IV. Employment and Labor Law

    PDF

    Iv. Erisa

    PDF

    IV. Franchise Law

    PDF

    Iv. Rule 10B-5

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    Iv. Securities Exchanges And The Antitrust Laws

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    Iv. Tender Offers

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    I. What Is A Security?

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    Ix. Bankruptcy

    PDF

    IX. Criminal Procedure

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    Ix. Criminal Procedure

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    IX . Evidence

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    Ix. Evidence

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    IX. Evidence

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    Ix. Federal Jurisdiction

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    Ix. Insurance

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    Ix. Insurance

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    IX. Insurance Law

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    Ix. Military Enlistment Contracts

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    Ix. Remedies

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    IX. Trusts and Estates

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    John W. Davis and His Role in the Public School Segregation Cases - A Personal Memoir , Sydnor Thompson

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    Joseph Story and American Equity, Calvin Woodard

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    Judges as Trustees: A Duty to Account and an Opportunity for Virtue, Sarah M. R. Cravens

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    Judge Wisdom and the 1952 Republican National Convention: Ensuring Victory for Eisenhower and a Two-Party System for Louisiana, Joel William Friedman

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    Judicial Authority in the Settlement of Federal Civil Cases

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    Judicial Independence, Judicial Responsibility: A District Judge's Perspective, Joan Humphrey Lefkow

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    Judicial Minimalism and the National Dialogue on Immigration: The Constitutional Avoidance Doctrine in Zadvydas v. Davis, Sanford G. Hooper

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    Judicial Personality: Rhetoric and Emotion in Supreme Court Opinions, Laura Krugman Ray

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    Judicial Review Under The Federal Water Pollution Control Act Amendments Of 1972: Which Federal Court?

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    Judicial Triage: Reflections on the Debate over Unpublished Opinions, David C. Vladeck and Mitu Gulati

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    Junk Philosophy of Science?: The Paradox of Expertise and Interdisciplinarity in Federal Courts, David S. Caudill and Richard E. Redding

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    Juno Moneta: On the Erotics of the Marketplace, Jeanne Lorraine Schroeder

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    Jurisdictional Discovery in United States Federal Courts, S. I. Strong

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    Jurisdiction and Jury Trials in Actions Against Foreign Government Owned Corporations

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    Jurisdiction to Adjudicate: A Revised Analysis, A. Benjamin Spencer

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    Justice and Equality in Muslim Family Laws: Challenges, Possibilities, and Strategies for Reform', Zainah Anwar and Jana S. Rumminger

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    Justice Powell's Constitutional Opinions, George Clemon Freeman, Jr.

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    Justice Sandra Day O'Connor: Trends Toward Judicial Restraint

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    Justice Sherman Minton And The Protection Of Minority Rights, David N. Atkinson

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    Just When I Thought I Was Out, They Pull Me Back In: Executive Power and the Novel Reclassification Authority, Luppe B. Luppen

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    Keeping Hope Alive, David K. Millon

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    Kicking the Bucket Shop: The Model State Commodity Code as the Latest Weapon in the State Administrator's Anti-Fraud Arsenal, Julie M. Allen

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    Kmart and Beyond: A "Critical" Look at Critical Vendor Orders and the Doctrine of Necessity , Travis N. Turner

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    Labor Activity And The Antitrust Laws: A Need For Flexibility

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    Labor Relations Law In The United States From A Comparative Perspective*, Benjamin Aaron

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    Lacan and the Subject of Law: Sexuation and Discourse in the Mapping of Subject Positions That Give the Ur-Form of Law, Ellie Ragland

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    Land-Based Pollution and the Chesapeake Bay, John W. Warner and John Warren Kindt

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    Lanham Act Protection from the Copying of Trade Dress by Generic Drug Manufacturers

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    Lashawn A. V. Dixon: Responding To The Pleas Of Children, Stacy Marie Colvin

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    Law And Order Comes To "Dodge City": Treasury'S New Return Preparer And Irs Practice Standards, Gwen Thayer Handelman

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    Law and the Ideal Citizen, Lee C. Bollinger

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    Law Partner Expulsions, Allan W. Vestal

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    Lawyers' Papers: Confidentiality Versus The Claims Of History, Bonnie Hobbs

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    Lawyers, Please Check Your First Amendment Rights At The Bar: The Problem Of State-Mandated Bar Dues And Compelled Speech, James B. Lake

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    Leathers V. Medlock: The Supreme Court Changes Course On Taxing The Press, Robert M. Howie

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    Leaving More Than Money: Mediation Clauses in Estate Planning Documents, Lela P. Love and Stewart E. Sterk

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    Lefkowitz V. Newsome: The Supreme Court Takes Another Look At Guilty Pleas

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    Legality Of Economic Sanctions UnderInternational Law: The Case Of Nicaragua, J. Curtis Henderson

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    Legal Malpractice And The Bad Faith Exception To The American Rule: A Suggested Approach For Addressing Intentional Lawyer Misconduct

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    Legal Opinions In Corporate Transactions: The Opinion That Stock Is Duly Authorized, Validly Issued, Fully Paid And Nonassessable, Scott FitzGibbon and Donald W. Glazer

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    Legal Representation And The Next Steps Toward Client Control: Attorney Malpractice For The Failure To Allow The Client To Control Negotiation And Pursue Alternatives To Litigation, Robert F. Cochran, Jr.

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    Lender Liability and Discretionary Lending: Putting the Good Faith Performance Standard in Perspective

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    Lessons from Islamic Polygamy: A Case for Expanding the American Concept of Surviving Spouse So As to Include De Facto Polygamous Spouses, Michele Alexandre

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    Let the Buyer Beware: The Seventh Circuit's Approach to Accept-or-Return Offers, Kristin Johnson Hazelwood

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    Leverage, Linkage, and Leakage: Problems with the Private Pension System and How They Should Inform the Social Security Reform Debate, Norman P. Stein and Patricia E. Dilley

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    Lewis F. Powell, Jr, Frederic L. Kirgis, Jr.

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    Lewis F. Powell, Jr.-A Personal View, J. Harvie Wilkinson III

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    Lewis F. Powell Lecture, Carter G. Phillips

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    Lewis v. BTIM: State Regulation, the Bank Holding Company Act and the Commerce Clause

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    Liability for "Causing" Violations of the Federal Securities Laws: Defining the SEC's Next Counterattack in the Battle of Central Bank, Gregory E. Van Hoey

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    Liability of Bail Bondsmen Under Section 1983

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    Liability of Financial Institutions for Aiding and Abetting Violations of Securities Laws, Sally Totten Gilmore and William H. McBride

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    Liberalism and the Limits of Procreative Liberty: A Response to My Critics, John A. Robertson

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    Liddell v. Missouri: Financing the Ancillary Costs ofPublic School Desegregation Through a Court-OrderedTax Increase, Daniel P. Shaver

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    Life After Death? The Role of Postmortem Events in Valuing Deductions for Claims Against Estates, Benjamin Clark Brown

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    Limited Liability and the Real World, Robert W. Hamilton and Larry E. Ribstein

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    Limited Liability In Historical Perspective, Robert W. Hillman

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    Limiting the Vicarious Liability of Franchisors for the Torts of Their Franchisees, Joseph H. King, Jr.

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    Listen to Cass County Music: The Right to Jury Trials in Copyright Infringement Actions When Statutory Damages Are Elected, Megan E. Ward

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    Litigating the Validity and Infringement of Software Patents, William L. Anthony, Jr. and Robert C. Colwell

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    Litigation, Legislation, and Democracy in a Post-Newspaper America, RonNell Anderson Jones

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    Logical Inconsistencies In The Sec'S Enforcement Of Insider Trading: Guidelines For A Definition

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    Looking For The Perfect Enforcement Remedy: Old Wine In New Bottles Or: Have I Seen This Movie Before?, James Treadway

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    Lords of Democracy: The Judicialization of "Pure Politics" in the United States and Germany, Russell A. Miller

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    Lose the Illusion: Why Advertisers' Use of Digital Product Placement Violates Actors' Right of Publicity, Brandon D. Almond

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    Loss of Potential Parenthood as a Statutory Solution to the Conflict Between Wrongful Death Remedies and Roe v. Wade, Erica Richards

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    Loyalty in the Firm: A Statement of General Principles on the Duties of Partners Withdrawing from Law Firms, Robert W. Hillman

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    "L. Ron Hubbard, How Much Is a Religious Service Worth, and Do Box Seats Cost Extra?": The Deductibility of Mandatory Donations Under Section 170 of the Internal Revenue Code

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    Lying On The Stand Won't Cost You A Dime:Should Courts Recognize A Civil Action InTort For Perjury?

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    Maintaining ERISA's Balance: The Fundamental Business Decision v. The Affirmative Fiduciary Duty to Disclose Proposed Changes, Melissa Elaine Stover

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    Maintenance Of Market Strategies In Futures Broker Insolvencies: Futures Position Transfers From Troubled Firms, Andrea M. Corcoran and Susan C. Ervin

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    Making (Corporate) Law In A Skeptical World, Lyman P. Q. Johnson

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    Making Gay Straight Alliance Student Groups Curriculum-Related: A New Tactic for Schools Trying To Avoid the Equal Access Act, Brian Berkley

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    Making Sense Out of Bankruptcy Courts' Recharacterization of Claims: Why Not Use § 510(c) Equitable Subordination?, Matthew Nozemack

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    Maladies of the Legal Soul: Psychoanalysis and Interpretation in Law, Peter Goodrich

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    Mandatory Drug Testing For Federal Employees And Private Employees In Government Regulated Industries: Is Drug Testing Without Probable Cause Unconstitutional?, Kevin C. Miller

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    Marbury Ascendant: The Rehnquist Court and the Power to "Say What the Law Is", Timothy Zick

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    Marital Property in California and Indonesia: Community Property and Harta Bersama, Mark E. Cammack

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    Market Failure and Regulatory Failure as Catalysts for Political Change: The Choice Between Imperfect Regulation and Imperfect Competition, Paul Stephen Dempsey

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    Married Against Their Will? Toward a Pluralist Regulation of Spousal Relationships, Shahar Lifshitz

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    Masquerade for Privilege: Deregulation Undermining Environmental Protection, Philip Weinberg

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    Maximizing Passenger Recovery Under The Warsaw Convention: Articles 17 And 22

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    "May We Have the Last Dance?" States Take Aim at Corporate Raiders and Crash the Predator's Ball

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    Mechanic's Lien Priority Rights for Design Professionals

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    Mediating with an 800-Pound Gorilla: Medicare and ADR, Phyllis E. Bernard

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    Medical Futility: A Futile Concept?, Keith Shiner

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    Medically Necessitated Meal and Lodging Costs: Should They Be Deductible Under Internal Revenue Code Section 213?, J. Timothy Philipps and Kenneth B. Tillou

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    Medicare and Political Analysis: Omissions, Understandings, and Misunderstandings, Theodore Marmor, Spencer Martin, and Jonathan Oberlander

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    Medicare Coverage Decision-Making and Appeal Procedures: Can Process Meet the Challenge of New Medical Technology?, Eleanor D. Kinney

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    Medicare Meets Mephistopheles, David A. Hyman

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    Merciful Juries: The Resilience Of Jury Nullification, Alan W. Schefin and Jon M. Van Dyke

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    Midcal Aluminum, Inc. v. California Retail Liquor Dealers Association: Federal Power Under the Twenty-First Amendment

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    Military Retired Pay And Divorce: Congress Retires Mccarty V. Mccarty-Is That Enough?

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    Minimum Contacts And Contracts: The Breached Relationship

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    Misunderstanding Director Duties: The Strange Case of Virginia, Lyman Johnson

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    Mitigating the Distributional Impacts of Climate Change Policy, Tracey M. Roberts

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    Modern Corporate Theory: Public Utility Or Private Part? A Comment On Professor Wolfe'S Paper, Charles Yablon

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    Modernizing Medicare's Benefit Structure, Marilyn Moon

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    Modern Partnership Interests as Securities: The Effect of RUPA, RULPA, and LLP Statutes on Investment Contract Analysis, James B. Porter

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    Monopoly and Competition: Tilting the Law Towards a More Competitive Economy, Eleanor M. Fox

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    Moran And The Poison Pill: A Target'S Savior?

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    More About Blue Sky, Richard B. Tyler

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    More Judgeships -But Not All At Once, Abner J. Mikva

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    Moroccan Women in Europe: Bargaining for Autonomy, Marie-Claire Foblets

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    Mrs. Palsgraf And The First Amendment, Frederick Schauer

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    Much Ado About Little: Explaining the Sturm Und Drang over the Citation of Unpublished Opinions, Patrick J. Schiltz

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    Much Ado About the Tip of an Iceberg, William M. Richman

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    Muddy Waters: Allis-Chalmers And The Federal Policy Favoring Labor Arbitration, John J. Coleman III

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    Municipal Finance: Conflicts of Interests and Their Effect on the Validity of Municipal Bond Issues

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    Municipal Government Exemption From Federal Antitrust Laws: An Examination Of The Midcal Test After Boulder

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    Must Courts Raise the Eleventh Amendment Sua Sponte?: The Jurisdictional Difficulty of State Sovereign Immunity, F. Ryan Keith

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    My Thoughts About Our Dean, Lewis H. LaRue

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    Narco-Terrorism: Could the Legislative and Prosecutorial Responses Threaten Our Civil Liberties?, John E. Thomas, Jr.

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    National Bellas Hess, Inc.: Obsolescent Precedent Or Good Law After Quill Corp. V. North Dakota?, Catherine V. Lane

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    Nationwide Personal Jurisdiction for our Federal Courts, A. Benjamin Spencer

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    Native Nation Economic Development via the Implementation of Solar Projects: How to Make It Work, Ryan David Dreveskracht

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    Navigating the Straits of Settlement and Insolvency: A Reconciliation of Joint and Several Liability and Proportionate Settlement Under the Maritime Law, David D. Jensen

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    Negligence vs. Scienter: The Proper Standard of Liability for Violations of the Antifraud Provisions Regulating Tender Offers and Proxy Solicitations Under the Securities Exchange Act of 1934

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    Negligent Infliction of Emotional Distress: Keeping Dillon in Bounds

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    New Approaches To Corporate Law, Lyman P. Q. Johnson

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    New Challenges for the American Lawyer in International Human Rights, Susan L. Karamanian

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    New Directions In Corporate Law Communitarians, Contractarians, And The Crisis In Corporate Law, David K. Millon

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    New Federalism's Unanswered Question: Who Should Prosecute State and Local Officials for Political Corruption?, George D. Brown

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    New Forms and New Balances: Organizing the External Relations of the Unincorporated Firm, Robert W. Hillman

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    Nlrb Treatment Of Personnel Under The Nlra

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    NOAA's New Natural Resource Damage Assessment Scheme: It's Not About Collecting Money, James S. Seevers, Jr.

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    NoDak Bancorporation v. Clarke and Lewis v. Clark: Squeezing Out "Squeeze-Out" Mergers Under the National Bank Act, Thomas W. Maddi

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    No Harm, No Foul?: An Argument for the Allowance of Punitive Damages Without Compensatory Damages Under 42 U.S.C. § 1981a, Christy Lynn McQuality

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    Nonideological Judicial Reform And Its Limits-The Report Of The Federal Courts Study Committee, George D. Brown

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    No Penalty on the Play: Why the Bowl Championship Series Stays In-Bounds of the Sherman Act, M. Todd Carroll

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    No Place To Go, No Story To Tell: The Missing Narratives Of The Sanctuary Movement, Teresa Godwin Phelps

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    Normative And Interpretive Conceptions Of Human Conduct: Decision-Making, Criminal Justice, And Parole , David R. Novack

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    Nothing New on the Affirmative Action Front: Janowiak v. Corporate City of South Bend

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    "Not Unmindful of the Future": Some Reflections on Stability and Change*, Barry Sullivan

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    Offshore Gambling: Medical Outsourcing Versus ERISA's Fiduciary Duty Requirement, Christopher J. Brady

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    Of "Ugly Stiks" and Uglier Case Law: A Comment on the Federal Registration of Functional Designs After Shakespeare Co. v. Silstar Corp. of America, Theodore H. Davis, Jr.

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    On Being Overly Discrete And Insular: Involuntary Groups And The Angloamerican Judicial Tradition, Aviam Soifer

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    On Clandestine Warfare, Robert E. Rodes, Jr.

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    One Law for All? The Logic of Cultural Accommodationt, Jeremy Waldron

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    One Share, One Vote: The Sec'S Duty To Protect Investors And Ensure Fair Administration Among The Securities Exchanges

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    On Legal Decision-Making, Keith Hawkins

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    Online Dangers: Keeping Children and Adolescents Safe, Jodi L. Whitaker and Brad J. Bushman

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    On Our Own: Strategies for Securing Health and Retirement Benefits in Contingent Employment, Gwen Thayer Handelman

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    On Politics, Democracy, and the First Amendment: A Comment on First National Bank v. Bellotti, Arthur S. Miller

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    On The Convergence Of The Patent And Antitrust Statutes: Scm Corp.. V. Xerox Corp.

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    On The Frontier Of Capitalism: Implementation Of Humanomics By Modern Publicly Held Corporations: A Critical Assessment, Lewis D. Solomon

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    On Vested Rights to Land Use and Development, Grayson P. Hanes and J. Randall Minchew

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    Operation Rescue And The Necessity Defense: Beginning A Feminist Deconstruction, Susan B. Apel

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    Option Backdating and Its Implications, Jesse M. Fried

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    Oral Misrepresentations at "Roadshows" and In Other Settings: Illusory Liability Under Rule lOb-57

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    Origins Of Tax Law: The History Of The Personal Service Corporation, J. Timothy Philipps; James S. McNider, III; and Daniel E. Riley

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    Outing Outcomes: An Empirical Study of Confidential Employment Discrimination Settlements, Minna J. Kotkin

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    Outside the Courtroom: Conflicts of Interests in Nonlitigious Situations

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    Overcoming Resistance to Diversity in the Executive Suite: Grease, Grit, and the Corporate Promotion Tournament, Donald C. Langevoort

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    Ownership of Human Tissue: A Proposal for Federal Recognition of Human Research Participants' Property Rights in Their Biological Material, Donna M. Gitter

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    Parades of Horribles, Circles of Hell: Ethical Dimensions of the Publication Controversy, David S. Caudill

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    Paradoxical Perils of the Precautionary Principle, Frank B. Cross

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    Parallel Proceedings: The Impact of SEC v. Dresser Industries, Inc.

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    Parental Law, Harmful Speech, and the Development of Legal Culture: Russian Judicial Chamber Discourse and Narrative, Frances H. Foster

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    Parental Rights: Educational Alternatives And Curriculum Control

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    Partnerships And Partners Under The Bankruptcy Code: Claims And Distribution, Frank R. Kennedy

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    Partners in a Process: The Academy and the Courts, Wade H. McCree, Jr.

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    Part-Time Work and Workers in the United States: Correlates and Policy Issues, Arne L. Kalleberg

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    Patient Autonomy Versus Religious Freedom: Should State Legislatures Require Catholic Hospitals to Provide Emergency Contraception to Rape Victims?, Heather Rae Skeeles

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    Patterson V. Mclean Credit Union: A Narrowing Of Remedies For The Employment Discrimination Plaintiff

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    Paying for Quality and Doing It Right, Robert A. Berenson

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    Pay Television and Section 605 of the Communications Act of 1934: A Need for Congressional Action

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    Pensions, Risk, and Race, Dorothy A. Brown

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    People V. Doe: Alternative Means Of Protecting The Child-Parent Relationship

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    Performing The Constitution, Denis J. Brion

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    Personal and Professional Integrity in the Legal Profession: Lessons from President Clinton and Kenneth Starr, Charles J. Ogletree, Jr.

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    Personal Liability as Administrative Law, David Zaring

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    Personification in Three Legal Cultures: The Case of the Conception of the Corporate Unit, Gregory A. Mark

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    Personnel Is Policy: Schools, Student Groups, and the Right to Discriminate, George B. Davis

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    Pervasive Computing: Embedding the Public Sphere, Kang Lang and Dana Cuff

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    Physician-Patient Sexual Contact: The Battle Between The State And The Medical Profession, Tanya J. Dobash

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    Plausibility Pleading, A. Benjamin Spencer

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    Play and the Search for Identity in the Cyberspace Community, Dorothy G. Singer

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    Playing "21" with Narcotics Enforcement: A Response to Professor Carrington, Frank O. Bowman, III

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    Pleading for Theft Consolidation in Virginia: Larceny, Embezzlement, False Pretenses and § 19.2-284, John Wesley Bartram

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    Pleading to Stay in State Court: Forum Control, Federal Removal Jurisdiction, and the Amount in Controversy Requirement, Russell D. Jessee

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    Pleasure Boat Torts In Admiralty Jurisdiction: Satisfying The Maritime Nexus Standard

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    Pledges of Securities After Blue Chip

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    Plessy v. Ferguson - 100 Years Later

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    Police Paternalism: Community Caretaking, Assistance Searches, and Fourth Amendment Reasonableness, Michael R. Dimino, Sr.

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    Police Power, Takings, and Due Process, William B. Stoebuck

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    Policing the Head Shops: Are Bongs, Roach Clips, Syringes, and ... Prohibited Drug Paraphernalia?

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    Policy Issues Concerning the Contingent Work Force, Jonathan P. Hiatt

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    Posado and the Polygraph: The Truth Behind Post-Daubert Deception Detection, Jeffrey Philip Ouellet

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    Possession, Witchcraft, and the Law in Jacobean England, Brian P. Levack

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    Post-Mite: The Constitutionality Of State Takeover Acts

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    Practice What You Preach: How Restorative Justice Could Solve the Judicial Problems in Clergy Sexual Abuse Cases, Diana L. Grimes

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    Precious Metals Trading-The Last Frontier of Unregulated Investment, David J. Gilberg

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    Predatory Bundling and the Exclusionary Standard, J. Shahar Dillbary

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    Predicate Offenses for First Degree Felony Murder in Virginia, Richard Brooks Holcomb

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    Predispute Agreements to Arbitrate Claims Arising Under the Commodity Exchange Act

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    Preface, Philip McBride Johnson

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    Preliminary Imprimaturs: Prevailing Party Status Based on Preliminary Injunctions, Bart Forsyth

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    Preliminary Injunctions and the Status Quo, Thomas R. Lee

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    Presidential Politics And Deficit Reduction: The Landscape Of Tax Policy In The 1980S And 1990S , Bernard M. Shapiro

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    Presumed General Compensatory Damages In Constitutional Tort Litigation: A Corrective Justice Perspective, Jean C. Love

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    Pretext in Employment Discrimination Litigation: Mandatory Instructions for Permissible Inferences?, William J. Vollmer

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    Pretrial Bail: A Deprivation Of Liberty Or Property With Due Process Of Law

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    Primer For The Nonmathematically Inclined On Mathematical Evidence In Criminal Cases: People V. Collins And Beyond, David McCord

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    Primer On Federal Facility Compliance With Environmental Laws: Where Do We Go From Here?, Nelson D. Cary

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    Private Harms in the Cyber-World: The Conundrum of Choice of Law for Defamation Posed by Gutnick v. Dow Jones & Co., Shawn A. Bone

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    Private Meetings And Good Cause Exceptions: Gulf & Western May Provide The Sec New Tools For Piercing The Corporate Attorney-Client Privilege

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    Privatization: Not the Answer for Social Security Reform, Regina T. Jefferson

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    Privatizing Social Security: Administration and Implementation, Karen C. Burke and Grayson M.P. McCouch

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    Procedural Due Process And Prejudgment Creditor Remedies: A Proposal For Reform Of The Balancing Test, William H. Newton, III

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    Procedure And Rehabilitation Under Chapter Xii Of The Bankruptcy Act

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    Product Separability in Franchise Tying Arrangements: The Fourth Circuit's New R ule

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    Products of the Will: Robertson's Children of Choice, Gilbert Meilaender

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    Program Trading-A Critical Analysis, Janet E. Kerr and John C. Maguire

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    Prohibited Tender Offer Practices

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    Proof Of Claim Forms And Discovery Of Absent Class Members: Violations Of Rule 23 Policy Or Essential Devices?

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    Property and Liberty - Institutional Competence and the Functions of Rights, Wayne McCormack

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    Property as a Constitutional Right, Frank I. Michelman

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    Proposals for Reform of Corporate Boards of Directors: The Dual Board and Board Ombudsperson, Lynne L. Dallas

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    Prosecutions Under the Adam Walsh Act: Is America Keeping Its Promise?, Emily A. White

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    Prosecutors as Judges, Erik Luna and Marianne Wade

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    Prospects for a General Theory of Economic Regulation, Thomas D. Barton

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    Prospects For United States Ratification Of The Convention On The Rights Of The Child, Lawrence L. Stentzel II

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    Protecting Blogging: The Need for an Actual Disruption Standard in Pickering, Lindsay A. Hitz

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    Protecting Children in Virtual Worlds Without Undermining Their Economic, Educational, and Social Benefits, Robert Bloomfield and Benjamin Duranske

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    Protecting Due Process from the PROTECT Act: The Problems with Increasing Periods of Supervised Release for Sexual Offenders, Brett M. Shockley

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    Protecting The Press From Stanford Daily: A Federal Newsman'S Work Product Privilege From Search And Seizure

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    Protection and Treatment: The Permissible Civil Detention of Sexual Predators, John Kip Cornwell

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    Protection from a Well-Founded Fear: Applying the Disfavored Group Analysis in Asylum Cases, Bridget Tainer-Parkins

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    Protection Of Constitutional Guarantees Under 42 U.S.C. Section 1985(3): Operation Rescue'S "Summer Of Mercy", Georgia M. Sullivan

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    Protective Orders In Products Liability Litigation: Striking The Proper Balance

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    Proving Discriminatory Intent From A Facially Neutral Decision With A Disproportionate Impact

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    Proving Fraud Under the Commodities Acts

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    Proximate Cause in Civil Racketeering Cases: The Misplaced Role of Victim Reliance, Michael Goldsmith and Evan S. Tilton

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    Public Figures And The Passage Of Time

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    Publishing Dissent, Arthur J. Jacobson

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    Punitive Damages In Libel Cases-First Amendment Equalizer?, Jerome A. Barron

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    Putting Your Eggs in Someone Else's Basket: Inserting Uniformity into the Uniform Parentage Act's Treatment of Assisted Reproduction, Kira Horstmeyer

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    Q. Pensions Borden Inc. V. Bakery & Confectionery Union & Industry International Pension

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    Quantitative Analysis of a Judicial Career: A Case Study of Judge John Minor Wisdom, Henry T. Greely

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    Quotas, Politics, And Judicial Statesmanship: The Civil Rights Act Of 1991 And Powell'S Bakke, Mark H. Grunewald

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    Race and the Police Power: 1890 to 1937, Richard A. Epstein

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    Race, Class, and Gender Essentialism in Tax Literature: The Joint Return, Dorothy A. Brown

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    Race Matters in Bankruptcy, A. Mechele Dickerson

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    Race to the Top of the Corporate Ladder: What Minorities Do When They Get There, Devon W. Carbado and Mitu Gulati

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    Racial Dimensions of Credit and Bankruptcy, David A. Skeel, Jr.

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    Racial Diversity on the Bench: Beyond Role Models and Public Confidence, Sherrilyn A. Ifill

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    Rape and the Exception in Turkish and International Law, Ruth A. Miller

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    Rationality-and the Irrational Underinclusiveness of the Civil Rights Laws, Peter Brandon Bayer

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    Rawlings v. Kentucky: More on Unpoisoning the Fruit or Shall We Just Plant Another Tree?

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    Ready or Not, Here They Come: Why the ABA Should Amend the Model Rules to Accommodate Multidisciplinary Practices, Bradley G. Johnson

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    Reaffirmation Under The Consumer Bankruptcy Amendments Of 1984: A Loser For All Concerned , Jeffrey W. Morris and Joseph E. Ulrich

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    Reasonable Suspicion And Probable Cause In Automobile Searches: A Validity Checklist For Police, Prosecutors, And Defense Attorneys

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    Reassignment Under the Americans with Disabilities Act: Reasonable Accommodation, Affirmative Action, or Both?, Stephen F. Befort and Tracey Holmes Donesky

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    Recapturing the Transformative Potential of Employment Discrimination Law, Michelle A. Travis

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    Recent Developments Affecting The Income And Gift Tax Consequences Of Interest-Free Loans

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    Recent Developments in Commodities Law

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    Recent Judicial Efforts To Reconcile The Robinson-Patman Act With The Sherman Act, Paul H. LaRue

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    Reclaiming the "Creatures of the State": Contracting for Child Custody Decisionmaking in the Best Interests of the Family, E. Gary Spitko

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    Reconceptualizing Competence: An Appeal, Mae C. Quinn

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    Reconceptualizing Present-Value Analysis in Consumer Bankruptcy, Rafael I. Pardo

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    Reconciling Comparative Negligence, Contribution, And Joint And Several Liability

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    Reconciling International Trade With Preservation Of The Global Commons: Can We Prosper And Protect?, Jeffrey L. Dunoff

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    Reconciling Ring v. Arizona with the Current Structure of the Federal Capital Murder Trial: The Case for Trifurcation, Donald M. Houser

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    Recovering the Legal History of the Confederacy, G. Edward White

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    Recovery of Emotional Distress Damages in AIDS-Phobia Cases: A Suggested Approach for Virginia, Edward Benedict Lumpkin

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    Redeeming Securities Through Equity Funding: The Security Holder's Dilemma

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    Redefining Obligations in Close Corporation Fiduciary Representation: Attorney Liability for Aiding and Abetting the Breach of Fiduciary Duty in Squeeze-Outs, Bryan C. Barksdale

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    Red Flagging Civil Liberties and Due Process Rights of Airline Passengers: Will a Redesigned CAPPS II System Meet the Constitutional Challenge?, Leigh A. Kite

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    Rediscovering Williston, Mark L. Movsesian

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    Re-Engineering Corporate Disclosure:The Coming Debate OverCompany Registration, John C. Coffee, Jr.

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    Reflections on the "Inevitability" of Racial Discrimination in Capital Sentencing and the "Impossibility" of Its Prevention, Detection, and Correction, David C. Baldus; George Woodworth; and Charles A. Pulaski, Jr.

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    Reformulating The Strict Liability Failure To Warn, Michael A. Pittenger

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    Regulating Choice: A Constitutional Law Response to Professor John A. Robertson's Children of Choice, Ann MacLean Massie

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    Regulating Intrastate Crime: How the Federal Kidnapping Act Blurs the Distinction Between What Is Truly National and What Is Truly Local, Colin V. Ram

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    Regulation of Bank Securities Activities

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    Regulation Of Commodity Pool Operators Under The Commodity Exchange Act, Jeffrey S. Rosen

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    Reinventing A Security: Arguments For A Public Interest Definition, Eric A. Chiappinelli

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    Reliance Requirement for a Non-Tendering Shareholder

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    Religious Freedom and Civic Responsibility, Amy Gutmann

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    Remarks On The Process Of Judging, William H. Rehnquist

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    Remedies for Employees Discharged for Reporting an Employer's Violation of Federal Law

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    Remedies for Statutory Violations Under Sections 1983 and 1985©

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    Remedies for the Misappropriation of Intellectual Property by State and Municipal Governments Before and After Seminole Tribe: The Eleventh Amendment and Other Immunity Doctrines, Paul J. Heald and Michael L. Wells

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    Remembering the Fourth Circuit Judges: A History from 1941 to 1998

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    Removal to Federal Courts from State Administrative Agencies: Reevaluating the Functional Test, Erica B. Haggard

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    Reregulation, the Global Environment, and Ignorance Equals Pessimism: A Tory Perspective, E. F. Roberts

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    Resales of Securities Under the Securities Act of 1933, Rutheford B. Campbell, Jr.

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    Res Judicata and Collateral Estoppel in Bankruptcy Discharge Proceedings

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    Resolving the Conflict Between Section 10(b) and the Express Remedies of the Securities Acts: The Need for an Internally Consistent Approach to Implication

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    Resolving The Trade And Environment Debate: In Search Of A Neutral Forum And Neutral Principles, Patti A. Goldman

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    Respondeat Superior, Intentional Torts, and Clergy Sexual Misconduct: The Implications of Fearing v. Bucher, Michael J. Sartor

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    Response to Loyalty in the Firm: A Statement of General Principles on the Duties of Partners Withdrawing from Law Firms, Leslie D. Corwin

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    Response to "The Rhetoric of Powell's Bakke", James B. White

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    Restating Restitution: The Restatement Process and Its Critics, Doug Rendleman

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    Restitution and the Production of Legal Doctrine, Chaim Saiman

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    Restitution on Behalf of Indirect Purchasers: Opening the Backdoor to Illinois Brick, Ivy Johnson

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    Restraint and Responsibility: Judicial Review of Campaign Reform, Spencer Overton

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    Rethinking First Amendment Assumptions About Racist And Sexist Speech, Rodney A. Smolla

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    Rethinking Press Rights of Equal Access, Luke M. Milligan

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    Rethinking Section 142 of the Restatement of Restitution: Fault, Bad Faith, and Change of Position, John D. McCamus

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    Rethinking the Compatibility of Moral Rights and Fair Use, Dane S. Ciolino

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    Retirement Security Through Asset Protection: The Evolution of Wealth, Privilege, and Policy, John K. Eason

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    Retroactive Application Of Wilson V. Garcia: Continued Confusion To A Troubled Topic

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    Return to Sharecropping: Lawyers and Clients as Tenants and Landlords in the Tax Treatment of Contingency Fees, Dean T. Howell

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    Reverse Silver Platter: Should Evidence that State Officials Obtained in Violation of a State Constitution Be Admissible in a Federal Criminal Trial?

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    Rice'S Toyota World, Inc.: Fourth Circuit Extends Sham Transaction Doctrine To Equipment Leasing Tax Shelter

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    RICO at the Border: Interpreting Anza v. Ideal Steel Supply Corp. and its Effect on Immigration Enforcement, Megan Martha Reed

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    Road to Nowhere or Jurisprudential U-Turn? The Intersection of Punitive Damage Class Actions and the Due Process Clause, James M. Underwood

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    Roger Groot, Legal Historian, David K. Millon

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    Roy Steinheimer, William F. Ford

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    Roy Steinheimer, Unedited Notes Of A Colleague, Andrew W. McThenia, Jr.

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    Rubin v. United States: Pledge of Stock as Collateral for a Commercial Loan is a "Sale" of a Security

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    Rule 10B-5 And "Fraud-On-The-Market"- -Heavy Seas Meet Tranquil Shores, Robert N. Rapp

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    Rule 10b-5 and Section 18: The Conflict Between Express and Implied Remedies

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    Rule 10b-5 Developments

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    Rule 10B-5 Developments-Damages And Contribution

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    Rule 10B-5 Developments-Theories Of Liability

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    Rule 10b-5: The Circuits Debate the Exclusivity of Remedies, the Purchaser-Seller Requirement, and Constructive Deception

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    Rule 14(A) And Ancillary Jurisdiction: Plaintiff'S Claim Against Non-Diverse Third-Party Defendant

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    Rules Versus Standards in Antitrust Adjudication, Daniel A. Crane

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    Rummel v. Estelle: Can Non-Capital Punishment Still Be Cruel and Unusual?

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    Running on Empty: Will Exxon Mobil Cause a Breakdown for Chevron and the Administrative State?, Meredith Abernathy

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    Runyon V. Mccrary: Section 1981 Opens The Doors Of Discriminatory Private Schools

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    Safeguarding Investment Grade Bonds In The Event Of A Leveraged Buyout: Legislation Or Contract?

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    Safeguards Against Suggestiveness: A Means for Admissibility of Hypno-Induced Testimony

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    Sanctioning "Thousands Upon Thousands of Petty Indignities": The Supreme Court's Creation of a Constitutional Free Zone for Police Seizure of Innocent Passengers in Maryland v. Wilson, George M. Dery III

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    Saving Section 5: Lessons from Consent Decrees and Ex parte Young, Pratik A. Shah

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    Saving the Family Farm Through Federal Tax Policy: Easier Said than Done Alex, Alex E. Snyder

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    Scary Stories and the Limited Liability Polluter in Chapter 11 Polluter in Chapter 11, Anne M. Lawton and Lynda J. Oswald

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    School Discipline And The Handicapped Child

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    Scienter in SEC Injunctive Proceedings

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    Script Kiddies Beware: The Long Arm of U.S. Jurisdiction to Prescribe, John Eisinger

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    Seamen's Death Actions Under the Jones Act, DOHSA, and the General Maritime Law: A Comparison

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    Search Engines and Internet Advertisers: Just One Click Away from Trademark Infringement?, Lauren Troxclair

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    SEC Release 1092 on the Investment Advisers Act of 1940: Applicability of the Investment Advisers Act to Financial Planners and Other Persons Who Provide Financial Services

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    Section 13(d) pf the '34 Act: The Inference of a Private Cause of Action for a Stock Issuer

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    Section 17(a) of the '33 Act: Defining the Scope of Antifraud Protection

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    Section 1981 Liability for Racially Discriminatory Sectarian Schools

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    Section 20(A) Or Respondeat Superior?: An Update

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    Section 43(A) Of The Lanham Act: A Statutory Cause Of Action For False Advertising, Gary S. Marx

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    Securities Industry Self-Regulation-Tested by the Crash, Roberta S. Karmel

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    Securities Regulation: Improved Financing Alternatives for Small Issuers

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    See Jane Read the Bible: Does the Establishment Clause Allow School Choice Programs to Include Sectarian Schools After Agostini v. Felton?, Ellen M. Wasilausky

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    Seeking Shelter in the Minefield of Unintended Consequences - The Traps of Limited Liability Law Firms, Susan Saab Fortney

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    Self-Insurance as Insurance in Liability Policy "Other Insurance" Provisions, Rory A. Goode

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    Self-Regulation of the Securities Markets: A Critical Examination, Sam Scott Miller

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    Seller's Liability for Defective Design- The Measure of Responsibility

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    Sentencing Antitrust Felons

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    Sentencing Reform and Appellate Review, William W. Wilkins, Jr.

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    Separation Of Powers: Legislators Serving On Administrative Boards

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    Sex Play in Virtual Worlds, Robin Fretwell Wilson

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    Shakin' It to the Back of the Bus: How Parks v. LaFace Uses the Artistic Relevance Test to Adjudicate Artistic Content, Mitchell David Greggs

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    Shaping Responsible Behavior: Lessons from the AIDS Front, Harlon L. Dalton

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    Shareholder Democracy and the Economic Purpose of the Corporation, Donald J. Smythe

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    Shareholder Oppression & Dividend Policy in the.Close Corporation, Douglas K. Moll

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    Shareholders as Proxies: The Contours of Shareholder Democracy, Dalia Tsuk Mitchell

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    Shareholders As Stakeholders: Changing Metaphors Of Corporate Governance, Ronald M. Green

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    Should "Clean Hands" Protect the Government Against § 2515 Suppression Under Title III of the Omnibus Crime Control and Safe Streets Act of 1968?, Francis Marion Hamilton, III

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    Should Indigent Civil Litigants In The Federal Courts Have A Right To Appointed Counsel?, Luther M. Swygert

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    Should the World Trade Organization Incorporate Labor and Environmental Standards, Chantal Thomas

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    Should Virginia Put The Planning Back Into The Premeditation Required For Murder?

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    Show Me the Money: The Thompson Memo, Stein, and an Employee's Right to the Advancement of Legal Fees Under the McNulty Memo, John Power

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    Signaling and Plea Bargaining's Innocence Problem, Russell D. Covey

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    SIGTARP and the Executive-Legislative Clash: Confronting a Bowsher Issue with an Eye Toward Preserving the Separation of Powers During Future Crisis Legislation, Aaron R. Sims

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    SIGTARP: A Problem in Name Only?, Adam F. Scales

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    Silence Coerced by Law: A Look at Recent National and International Efforts to Silence Offensive Expression, Edward J. Cleary

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    Situation-Specific Fiduciary Duties For Corporate Directors: Enforceable Obligations Or Toothless Ideals?, Rima Fawal Hartman

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    Slavery, Economic Development and the Law: The Dilemma of the Southern Political Economists, 1800-1860, Eugene D. Genovese and Elizabeth Fox-Genovese

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    Small Issue Industrial Development Bonds: The Growing Abuse

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    Smith v. University of Detroit: Is There a Viable Alternative to Beacon Theatres?, Gregory Gelfand

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    Social Conceptions of the Corporation: Insights from the History of Shareholder Voting Rights, Colleen A. Dunlavy

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    Social Science "Theory" And The Legal Decision-Making Process: A Response To Professor Keith 0. Hawkins, Emory Kimbrough, Jr.

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    Social Security: Can the Promise Be Kept? An Introduction, Maureen B. Cavanaugh

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    Social Security Reform Issues, Craig Copeland

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    Social Security: The Broader Issues, C. Eugene Steuerle

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    "Sociological Legitimacy" in Supreme Court Opinions, Michael L. Wells

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    Soifer'S Vision And Three Questions About Images, Milner S. Ball

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    Some Comments On Professor Rodes' Draft Convention, Frederic L. Kirgis, Jr.

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    Son Of Sam Laws: A Victim Of The First Amendment?, Jon Allyn Soderberg

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    Special Problems Related to Condominium Construction Litigation, W. Michael Holm

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    Specific Personal Jurisdiction And The "Arise From Or Relate To" Requirement ... What Does It Mean?, Mark M. Maloney

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    "Stalk Talk": A First Look At Anti-Stalking Legislation, Robert N. Miller

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    Standards of Disqualification for Federal Trade Commissioners in "Hybrid" Proceedings: Association of National Advertisers v. FTC

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    Standing Committee on Discipline v. Yagman: Missing the Point of Ethical Restrictions on Attorney Criticism of the Judiciary?, Caprice L. Roberts

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    Standing to Sue Under the Williams Act

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    Standstill Agreements: Enterra Validates the Use of Standstill Agreements to Govern Minority Investment Programs

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    Stare Decisis And Judicial Restraint, Lewis F. Powell, Jr.

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    Stare Decisis as Judicial Doctrine, Randy J. Kozel

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    State Interests And Interstate Commerce: A Look At The Theoretical Underpinnings Of Takeover Legislation, Theodore R. Boehm

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    State Jurisdiction Over Interstate Telephonic Criminal Conspiracy

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    State Regulation of Resale Price Maintenance on the Internet: The Constitutional Problems with the 2009 Amendment to the Maryland Antitrust Act, Katherine M. Brockmeyer

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    State Takeover Laws: A Rebirth of CorporationLaw?, David K. Millon

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    State Takeover Statutes: Constitutionality, Community, and Heresy, Lyman P. Q. Johnson

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    State Taxation Of Nondomiciliary Corporations

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    Statistics In The Potential Problems In The Presentation Of Statistical Evidence

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    Statutes Of Limitation For Rule 10B-5

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    Statutes of Limitation for Section 10(b) and Rule lOb-5: A New Proposal for Uniformity

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    Statutes Of Limitations In Occupational Disease Cases: Is Locke V. Johns-Manville A Viable Alternative To The Discovery Rule?

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    Statutory Stones and Regulatory Mortar: Using Negligence Per Se to Mend the Wall Between Farmers Growing Genetically Engineered Crops and Their Neighbors, Joshua B. Cannon

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    Stepmother, May I?: Moral Rights, Dastar, and the False Advertising Prong of Lanham Act Section 43(a), Clint A. Carpenter

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    Sticky Copyrights: discriminatory tax restraints on the transfer of intellectual property, Bridget J. Crawford and Mitchell M. Gans

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    Still Short Of Its Goal: A Critical Look At Individual Retirement Accounts, Peter A. Arntson

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    Stop And Frisk Based Upon Anonymous Telephone Tips

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    Strangers In A Strange Land: Personal Jurisdiction Analysis Under The Foreign Sovereign Immunities Act

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    Strict Liability And Warranty In Consumer Protection: The Broader Protection Of The Ucc In Cases Involving Economic Loss, Used Goods, And Nondangerous Defective Goods

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    Striking A Balance Between The Interests Of Public Safety And The Rights Of Older Workers: The Age Bfoq Defense

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    Structuring Limited Partnership Offerings Recent Developments , Fred A. Little and Robert A. Robbins

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    Student-Athlete Sexual Violence Against Women: Defining the Limits of Institutional Responsibility, Timothy Davis and Tonya Parker

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    Student Authors

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    Student Authors

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    Substantive Equal Protection Analysis Under State V. Russell, And The Potential Impact On The Criminal Justice System, Jeffery A. Kruse

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    Suggestions for Circuit Court Review of Local Procedures, Carl Tobias

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    Supreme Court Power Play: Assessing the Appropriate Role of the Senate in the Confirmation Process, Jeff Yates and William Gillespie

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    "Sweetheart" Arrangements Between Lenders and Their Title Lawyers-Are They Really?, Andrew L. Blair and W. Henry Jernigan, Jr.

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    Swilling Hemlock: The Legal Ethics of Defending a Client Who Wishes to Volunteer for Execution, J. C. Oleson

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    Table Of Cases Commented Upon And Digest

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    Tackling the Perplexing Sound of Statutory Silence: Why Courts Should Imply a Private Right of Action Under Section 10(a) of RESPA, Seth M. Mott

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    Tainted Provenance: When, If Ever, Should Torture Evidence Be Admissible?, Michael P. Scharf

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    Take a Letter, Your Honor: Outing the Judicial Epistemology of Hart v. Massanari, Penelope Pether

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    Take It, It's Mine: Illicit Transfers of Copyright by Operation of Law, Alice Haemmerli

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    Take It Slow: A Novel Concept in the Life of Sarbanes-Oxley, D. Skylar Rosenbloom

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    Takeover Developments -Defining "Tender Offer" And "Manipulation" Under The Williams Act

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    Taking Another Measure of the "Crisis of Volume" in the U.S. Courts of Appeals, Thomas E. Baker and DENIS J. HAUPTLY

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    Taking It Out of Neutral: The Application of Locke's Substantial Interest Test to the School Voucher Debate, Sarah Waszmer

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    Taking Needs Seriously: Observations on the Necessity for Constitutional Change, Arthur S. Miller

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    Taking The Lender For A Ride: Section 1403 Of The Federal Aviation Act And The Buyer In The Ordinary Course Of Business

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    Tax Analysis of Research and Development Limited Partnerships

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    Taxation Of Homeowners Associations Under The Tax Reform Act Of 1976

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    Tax Breaks for Law Students

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    Tax, Corporate Governance, and Norms, Steven A. Bank

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    Taxes And Bounties Burdening Interstate Commerce: Distinguishing Boston Stock Exchange From Alexandria Scrap

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    Tax-Exempt Status Of Amateur Sports Organizations

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    Tax Fairness, Brian Galle

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    Taxing Nonprofits out of Business, Diane L. Fahey

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    Tax Policy As The Twenty-First Century Approaches

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    Tax Reform-Yesterday, Today, And Tomorrow*, Boris I. Bittker

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    Teaching "Lawyering" to First-Year Law Students: An Experiment in Constructing Legal Competence, Franklin M. Schultz

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    Tearing Fashion Design Protection Apart at the Seams, Lisa J. Hedrick

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    TechnoLiability: Corporate Websites, Hyperlinks, and Rule 10(b)-5, Mason Miller

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    Tender Offer Developments in 1980

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    Tender Offers: Standing to Sue, Prohibited Practices, Reliance of Non-Tenderer

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    Tester Standing Under Title Vii, Shannon E. Brown

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    Text as Tool: Why We Read the Law, Richard K. Greenstein

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    The 1982 Amendments To The Voting Rights Act: A Legislative History, Thomas M. Boyd and Stephen J. Markman

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    The Administration of Medicare: A Neglected Issue, Thomas H. Stanton

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    The Admissibility Of Subsequent Remedial Measures In Strict Liability Actions: Some Suggestions Regarding Federal Rule Of Evidence 407

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    The Admissibility of Tape Recorded Evidence Produced by Private Individuals Under Title III of the Omnibus Crime Control Act of 1968

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    The Age of the Child: Interrogating Juveniles After Roper v. Simmons, Tamar R. Birckhead

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    The "Agony of Suspense": How Protracted Death Row Confinement Gives Rise to an Eighth Amendment Claim of Cruel and Unusual Punishment, Kathleen M. Flynn

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    The AIG Bailout, William K. Sjostrum, Jr.

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    The American Founders' Responsibility, Ralph Lerner

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    The American Law Institute Principles Of Corporate Governance And The Derivative Action: A View From The Other Side, Douglas M. Branson

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    The Amish and the Law: A Religious Minority and its Legal Encounters, John A. Hostetler

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    The Antitrust Commission and the Webb-Pomerene Act: A Critical Assessment, John F. McDermid

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    The Apostle, Mr. Justice Jackson, and the "Pathological Perspective" of the Free Exercise Clause, Ronald J. Krotoszynski, Jr.

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    The Appellate Jurisdiction Of The Supreme Court: Reflections On The Law And The Logistics Of Direct Review, Herbert Wechsler

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    The Applicability Of The Fair Labor Standards Act To Volunteer Workers At Nonprofit Organizations Congress

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    The Appointments Clause And International Dispute Settlement Mechanisms: A False Conflict, Wiliam J. Davey

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    The Assignment of Private Causes of Action Under the Federal Securities Laws: Express Versus Automatic Assignment

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    The Attraction And Selection Of Good District Court Judges, Lawrence E. Walsh

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    The Better Course in the Post-Lapides Circuit Split: Eschewing the Waiver-by-Removal Rule in State Sovereignty Jurisprudence, Matthew McDermott

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    The "Big Antitrust Case": Thoughts on Procedural Reform, John S. Kingdon

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    The Bivens Remedy In Prisoners' Rights Litigation

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    The Boundary-Line Function of the Economic Loss Rule, Vincent R. Johnson

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    The Buddha's Parable and Legal Rhetoric, David M. Zlotnick

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    The Bulls and Bears of Law Teaching, Sara K. Stadler

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    The Burger Court, Lewis F. Powell, Jr.

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    The Burger Court And Freedom Of Expression, Tinsley E. Yarbrough

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    The Case Against No-Conduct Monopolization, Luther C. McKinney

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    The Case Against Regulating the Market for Contingent Employment, Maria O'Brien Hylton

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    The Challenge to the Individual Causation Requirement in Mass Products Torts, Donald G. Gifford

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    The Changing Meaning of Equality in Twentieth-Century Constitutional Law, William E. Nelson

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    The Changing Structure of the Financial Services Industry and the Implications for International Securities Regulation, Aulana Peters

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    The Character of Legal Reasoning, Brett G. Scharffs

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    The Choice-Of-Law Revolution: An Empirical Study, Patrick J. Borchers

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    The Church Amendment: In Search of Enforcement, Nathaniel James

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    The Civil Rights Attorneys' Fees Awards Act Of 1976

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    The Clinton Tax Plan: The Tax Policy Pendulum Swings Back , John E. Chapoton

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    The Collateral Estoppel Effect Of Guilty Pleas In Section 1983 Actions

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    The Collision of the Takings and State Sovereign Immunity Doctrines, Eric Berger

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    The Commencement Of A Case Under The New Bankruptcy Code, Frank R. Kennedy

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    The Commodity Exchange Act In Perspective A Short And Not-So-Reverent History Of Futures Trading Legislation In The United States, John H. Stassen

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    The Commodity Exchange Monopoly-Reform Is Needed, Jerry W. Markham

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    The Company of Scoundrels, Ronald J. Bacigal

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    The Complexity And Legitimacy Of Corporate Law, Eric W. Orts

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    The Comprehensive Anti-Apartheid Act: A Case Study In The Legality Of Economic Sanctions

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    The Conflict Between a Doctor's Duty to Warn a Patient's Sexual Partner that the Patient has AIDS and a Doctor's Duty to Maintain Patient Confidentiality

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    The Conflict Between Religious Exercise and Efforts to Eradicate Housing Discrimination Against Nontraditional Couples: Should Free Exercise Protect Landlord Bias?, Scott A. Johnson

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    The Conflict Surrounding The Producer Distributor Relationship Requirement Of The Publicity Proviso

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    The "Constitutional" Assault on the Virginia Military Institute, Jon A. Soderberg

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    The Constitutional Infirmity of RICO Forfeiture

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    The Constitutionality of Multistatute Antitakeover "Schemes" Under the Commerce Clause: Potential Consequences of the West Lynn Creamery Decision, Jennifer Erdman Shirkey

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    The Constitutionality of Real Estate Attachments

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    The Constitutionality Of Sobriety Checkpoints

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    The Constitutionality Of State Allocation Of Punitive Damage Awards, Paul F. Kirgis

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    The Constitution in a Postmodem Age, Calvin Massey

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    The Continuing Presence of Dred Scott, Lewis H. LaRue

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    The Continuing Questions Regarding Citizen Suits Under the Clean Water Act: Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation

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    The Continuous Ownership Requirement: A Bar To Meritorious Shareholder Derivative Actions?

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    The Court Between Hegemonies, L. A. Powe, Jr.

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    The Courts Take Flight: Scienter And The Migratory Bird Treaty Act

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    The Death of Cyberspace, Lawrence Lessig

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    The Decision Maker Matters: An Empirical Examination of the Way the Role of the Judge and the Jury Influence Death Penalty Decision-Making, William J. Bowers, Wanda D. Foglia, Jean E. Giles, and Michael E. Antonio

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    The Decline and Fall of a Detroit Neighborhood: Poletown vs. G.M. and the City of Detroit, John J. Bukowczyk

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    The Declining Miranda Doctrine: The Supreme Court'S Development Of Miranda Issues

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    The Definition of Competitors Under Section 8 of the Clayton Act: The Emergence of Supply Side Competition Analysis

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    The Demand Requirement And Mutual Fund Advisory Fee Suits: An Incompatible Combination ?

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    The Demise Of The Commercial Speech Doctrine And The Regulation Of Professional'S Advertising: The Virginia Pharmacy Case

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    The Deregulation of Banks, H. Helmut Loring and James M. Brundy

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    The Development of United Nations Mechanisms for the Protection and Promotion of Human Rights, Elsa Stamatopoulou

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    The Devil in US. v. Jones: Church Burnings, Federalism, and a New Look at the Hobbs Act, Thomas Heyward Carter, III

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    The Dictionary and the Man: The Eighth Edition of Black's Law Dictionary, Edited by Bryan Garner, Roy M. Mersky and Jeanne Price

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    The Difficulty of Getting Serious About State Corporate Tax Reform, Charles E. McClure

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    The Diversity of Contingent Workers and the Need for Nuanced Policy, Stewart J. Schwab

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    The Doctrine Of Judicial Privilege: The Historical And Constitutional Basis Supporting A Privilege For The Federal Judiciary

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    The Dog That Did Not Bark: No-Citation Rules, Judicial Conference Rulemaking, and Federal Public Defenders, Stephen R. Barnett

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    The Domestic Legal Status of the GATT: The Need for Clarification, Thomas William France

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    The Drafting of a Constitution for the European Union: Europe's Madisonian Moment or a Moment of Madness?, Grainne de Burca

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    The Dubious Title VII Cause of Action for Sexual Favoritism, Michael J. Phillips

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    The Duty Of Fair Representation In Grievance Administration: A Specific Test Modeled On Judge Bazelon'S Dissent In United States V. Decoster

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    The Economics of Race: When Making It to the Middle Is Not Enough, Elizabeth Warren

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    The Effect of a Defendant's Affirmative Concealment of his Securities Fraud on Section 10(b) Limitations Periods

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    The Effects of Partial Privatization of Social Security upon Private Pensions, Kathryn L. Moore

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    The Element Of Scienter In Antifraud Provisions Of The Commodity Exchange Act

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    The Elephant in the Seventh Circuit: A Modified Approach to the Minimal Suspicion Standard, Gregory L. Schinner

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    The End of Substantive Due Process?, Richard S. Myers

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    The Endurance of the Felony-Murder Rule: A Study of the Forces that Shape Our Criminal Law, James J. Tomkovicz

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    The Enforceability Of Predispute Arbitration Agreements Under 10(B) And 10B-5 Claims

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    The Enron Pension Disaster, David K. Millon

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    The EPA's HPV Challenge Program: A Tort Liability Trap?

    PDF

    The Epistemology of Prediction: Future Dangerousness Testimony and Intellectual Due Process, Erica Beecher-Monas

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    The Estate And Gift Tax Revisions Of The Tax Reform Act Of 1976, Howard Zaritsky

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    The European Human Rights Convention: A New Court of Human Rights in Strasbourg as of November 1, 1998, Andrew Drzemczewski

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    The Ever-Changing Balance Of Power In Interstate Water Pollution: Do Affected States Have Anything To Say After Arkansas V. Oklahoma?, Mary A. Stilts

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    The Evolution of the "Essential Nexus": How State and Federal Courts Have Applied Nollan and Dolan and Where They Should Go from Here, J. David Breemer

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    The Executive Line Item Veto and the Judicial Power to Sever: What's the Difference?, Lars Noah

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    The Existence Of Implied Private Rights Of Action Under Section 17(A) Of The 1933 Securities Act

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    The Expiration of the Civil Justice Reform Act of 1990, Carl Tobias

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    The Faces of Loyalty: A Comment on Hillman, Loyalty in the Firm: A Statement of General Principles on the Duties of Partners Withdrawing from Law Firms, Deborah A. DeMott

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    The Failure of Economic Interpretations of the Law of Contract Damages, Nathan B. Oman

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    The Final Regulations Under Irc Sections 704(B) And 752: Envisioning Economic Risk Of Loss Through A Glass Darkly, Ed R. Haden

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    The Financial Institutions Regulatory And Interest Rate Control Act Of 1978, Federal Banking Agencies, And The Judiciary: The Struggle To Define The Limitation Of Cease And Desist Order Authority

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    The First Amendment Fights Back: A Proposal For The Media To Reclaim The Battlefield After The Persian Gulf War, Michelle Tulane Mensore

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    The First Amendment In Litigation: The "Law Of The First Amendment", Robert A. Sedler

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    The Five Or Five Power: An Obscure Estate Planning Tool, Edward W. Turley, Jr.

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    The Foreign Trade Aspects Of The Trade Act Of 1974, Part I, Robert M. Campbell

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    The Foreign Trade Aspects Of The Trade Act Of 1974 Part Ii, Robert M. Campbell

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    The Four Greatest Myths About Summary Judgment, James Joseph Duane

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    The Fourth Amendment And Foreign Searches: A Standard For The Admission Of Evidence

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    The Fourth Circuit Breaks Ranks in United States v. Bryan: Finally, a Repudiation of the Misappropriation Theory, Sean P. Leuba

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    The Fourth Circuit Review

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    The Fourth Circuit Review

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    The Fourth Circuit Review

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    The Fourth Circuit Review

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    The Fourth Circuit Review

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    The Fourth Circuit Review

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    The Fourth Circuit Re View

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    The Fourth Circuit Review, Foreword, H. Emory Widener, Jr.

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    The Fourth Revolution, Robert C. Power

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    The Free Speech-Fair Trial Controversy: D R 7-107

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    The French Prosecutor in Question, Jacqueline S. Hodgson

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    The Future Of Affirmative Action In Employment , Harry T. Edwards

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    The Future of Future Interests, T. P. Gallanis

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    The Future of International Human Rights: An Introduction to the Conference Papers, Frederic L. Kirgis

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    The Future of Islamic Legal Arguments in International Boundary Disputes Between Islamic States, William Samuel Dickson Cravens

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    The Future of Medicare, Post Great Society and Post Plus-Choice: Legal and Policy Issues--Foreword, Timothy Stoltzfus Jost

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    The Future of Palestinian Women's Rights: Lessons from a Half-Century of Tunisian Progress, Adrien Katherine Wing and Hisham Kassim

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    The Future Of Partnership Taxation, Edward J. Schnee

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    The Future of the Chinese Wall Defense to Vicarious Disqualification of a Former Government Attorney's Law Firm

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    The Future Of Transfer Taxation: Repeal, Restructuring And Refinement, Or Replacement, John E. Donaldson

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    The Gate Is Open But The Door Is Locked Habeas Corpus And Harmless Error, BENNETT L. GERSHMAN

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    The Genuine Article: A Subversive Economic Perspective on the Law's Procreationist Vision of Marriage, Courtney Megan Cahill

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    The Goals of Social Security Reform, Edward M. Gramlich

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    The "God Squad" Proves Mortal: Ex Parte Contacts and the White House After Portland Audubon Society, Michael A. Bosh

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    The Gun Control Debate: A Culture-Theory Manifesto, Dan M. Kahan

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    The Heart of the Lawyer's Craft, Peter R. Teachout

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    The Honorable Profession of Regulation, William A. Lovett

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    The Illusory Statutory Basis Of Sec Rule 2(E)

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    The Impact of General Dynamics Corp. v. Superior Court on the Evolving Tort of Retaliatory Discharge for In-House Attorneys, Chanda R. Coblentz

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    The Impact of Title III of the Americans with Disabilities Act on Employer-Provided Insurance Plans: Is the Insurance Company Subject to Liability?, Jill L. Schultz

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    The Imperative of Instructing on Pretext: A Comment on William J. Volmer's Pretext in Employment Discrimination Litigation. Mandatory Instructions for Permissible Inferences?, C. Elizabeth Belmont

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    The Implications of Daubert for Economic Evidence in Antitrust Cases, Roger D. Blair and Jill Boylston Herndon

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    The Impossible Student Exception to FICA Taxation and Its Applicability to Medical Residents, Patrick Timothy Rowe

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    The Independent Counsel Process: Is It Broken and How Should It Be Fixed?

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    The Individual, Community and Society: Rights and Responsibilities from an Anthropological Perspective, Colin M. Turnbull

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    The Initial Interest Confusion Doctrine and Trademark Infringement on the Intemet, Byrce J. Maynard

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    The Insider Trading And Securities Fraud Enforcement Act: Has Congress Supplied A Limitations Period Appropriate For Use In Private 10B-5 Actions?, David J. Guin and David R. Donaldson

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    The Insider Trading Sanctions Act of 1984: Does the ITSA Authorize the SEC to Issue Administrative Bars?

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    The International Lending Supervision Act of 1983: A First Step Toward Responsible Foreign Lending

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    The International Trade Regime And The Municipal Law Of Federal States: How Close A Fit?, David A. Wirth

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    The Interpretive Method In The Study Of Legal Decision-Making, John M. Thomas

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    The Irrepressible Myth of Celotex: Reconsidering Summary Judgment Burdens Twenty Years After the Trilogy, Adam N. Steinman

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    The Judgment-Proof Society, Stephen G. Gilles

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    The Judiciary In A State Of National Crisis With Special Reference To The South African Experience , John Dugard

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    The Jurisprudence Of Wringing Hands: A Brief Response To Professor Soifer, Allan Ides

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    The Just Organization: Creating And Maintaining Justice In Work Environments, Karen L. Newman

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    The Labor Market Transformed: Adapting Labor and Employment Law to the Rise of the Contingent Work Force, Kenneth G. Dau-Schmidt

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    The Law and Culture-Shift: Race and the Warren Court Legacy, John O. Calmore

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    The Law Governing Airplane Accidents, Willis L.M. Reese

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    The Law of Unintended Consequences: The Digital Millennium Copyright Act and Interoperability, Jacqueline Lipton

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    The Law's Scientific Revolution: Reflections and Ruminations on the Law's Use of Experts in Year Seven of the Revolution, David L. Faigman

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    The Lawyer's Allegiance: Priorities Regarding Confidentiality, R. W. Nahstoll

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    The Legacy of Colonialism: Law and Women's Rights in India, Varsha Chitnis and Danaya Wright

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    The Legislative Veto: Is It Legislation?

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    The Legitimate Rights of Public Shareholders, Lawrence E. Mitchell

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    The Lewis F. Powell, Jr. Archives And The Contemporary Researcher, John N. Jacob

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    The Libel Tort Today, Randall P. Bezanson

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    The Limits of the Olympian Court: Common Law Judging versus Error Correction in the Supreme Court, Carolyn Shapiro

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    The Loneliness of the Long Distance Statute, The Alien Tort Claims Act, 28 U.S.C. § 1350

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    The Long Arm of Federal Courts: Domestic Jurisdiction on the High Seas

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    The Longshoremen's and Harbor Workers' Compensation Act: Award Requirement for Statutory Assignment of Longshoreman's Third Party Claim

    PDF

    The Magnuson-Moss Warranty-Federal Trade Commission Improvement Act: Protecting Consumers Through Product Warranties

    PDF

    The Material Burden Test: The Better Method Of Determining Takings Issues Arising Under Section 621(A)(2) Of The Cable Communications Policy Act Of 1984

    PDF

    The Medicare Anti-Kickback Statute: In Need of Reconstructive Surgery for the Digital Age, Michael E. Paulhus

    PDF

    The Mid-Life Crisis of the Universal Declaration of Human Rights, Hilary Charlesworth

    PDF

    The Minority Business Enterprise Set Aside: A Constitutional Analysis

    PDF

    The Model Communicative Torts Act

    PDF

    The Modern Challenge Of Medieval Conflict Of Laws, Thomas Lund

    PDF

    The Modern Corporation: Private Agent Or Public Actor?, Alan Wolfe

    PDF

    The Muddy Boundaries Between Res Judicata and Full Faith and Credit, Stewart E. Sterk

     

    The Myth of Bank Deregulation: For Every Action There Is an Equal and Opposite Reaction, John B. Wynne and Susan Sturges Spagnola

    PDF

    The Myth of "Reregulation": The Interest Group Dynamics of Regulatory Change in the Financial Services Industry, Jonathan R. Macey

    PDF

    The Naked Emperor: A Corporate Lawyer Looks at RUPA's Fiduciary Provisions, Lawrence E. Mitchell

    PDF

    The Need For An International Dispute Panel: Position, Consensus And Interdependent Goals, Gray C. Castle

    PDF

    The Need for Comity: A Proposal for Federal Court Review of Suppression Issues in the Dual Sovereignty Context After the Antiterrorism and Effective Death Penalty Act of 1996, Carrie M. Bowden

    PDF

    The New Federalism Jurisprudence and National Tort Reform, Betsy J. Grey

    PDF

    The New Map: The Supreme Court's Guide To Curing Thirty Years of Confusion in ERISA Savings Clause Analysis, Matthew O. Gatewood

    PDF

    The New Path of Immigration Law: Asymmetric Incorporation of Criminal Justice Norms, Stephen H. Legomsky

    PDF

    The New Payments Code And The Abolition Of Holder In Due Course Status As To Consumer Checks, Marion W. Benfield

    PDF

    The NLRB and Deferral to Awards of Arbitration Panels

    PDF

    The Nonprofit Corporation and Community Development in Bedford- Stuyvesant

    PDF

    The Origins of Judicial Review: A Historian's Explanation, Charles F. Hobson

    PDF

    The Origins of Judicial Review Revisited, or How the Marshall Court Made More out of Less, Gordon S. Wood

    PDF

    The Outside Director - Selection, Responsibilities, And Contribution To The Public Corporation, Avery S. Cohen

    PDF

    The Overlooked Costs of Religious Deference, Robin Fretwell Wilson

    PDF

    The Patentability of Living Matter: Hey Waiter, What's Chakrabarty's Pseudomonas Bacterium Doing Back in the Supreme Court's Soup?

    PDF

    The Perils Of Nationwide Service Of Process In A Bankruptcy Context, Jeffrey T. Ferriell

    PDF

    The Police and Violent Crime, Joseph D. McNamara

    PDF

    The Political Theory of the Class Action, Owen M. Fiss

    PDF

    The Politics of Medicare Reform, Jonathan Oberlander

    PDF

    The Polygraph Protection Act Of 1985: Bobbing Pinocchio'S New Nose?

    PDF

    The Popular Image of the American Lawyer: Some Thoughts on Its Eighteenth and Nineteenth Century Intellectual Bases, James W. Gordon

    PDF

    The Powellian Virtues In A Polarized Age, J. Harvie Wilkinson, III

    PDF

    The Predatory Pricing Puzzle: Piecing Together a Unitary Standard, Kimberly L. Herb

    PDF

    The Preexisting Relationship Doctrine Under Regulation D: A Rule Without Reason?, David B.H. Martin, Jr. and L. Keith Parsons

    PDF

    The Primary Jurisdiction Doctrine: Competing Standards of Appellate Review, Aaron J. Lockwood

    PDF

    The Private Mortgage Insurer's Action For Rescission For Misrepresentation: Limiting APotential Threat To Private SectorParticipation In The Secondary MortgageMarket, Franklin D. Cordell

    PDF

    The Private Placement Exemption And The Blue Sky Laws-Shoals In The Safe Harbor, Robert M. Royalty and Thomas E. Jones, Jr.

    PDF

    The Problem of Parental Relocation: Closing the Loophole in the Law of International Child Abduction, Maryl Sattler

    PDF

    The Proof Is in the Policy: The Bush Administration, Nonpoint Source Pollution, and EPA's Final TMDL Rule, R. Bryant McCulley

    PDF

    The Protection of Computer Software Through Shrink-Wrap License Agreements

    PDF

    The Provisional Director Remedy for Corporate Deadlock: A Proposed Model Statute, Susanna M. Kim

    PDF

    The Public Choice Case Against The Item Veto, Maxwell L. Stearns

    PDF

    The Quiet Demise of Deference to Custom: Malpractice Law at the Millennium, Philip G. Peters, Jr.

    PDF

    The Reduction in Seller Liability Under the Securities Act of 1933: Good News for Securities Professionals

    PDF

    The Regulation Of Insider Trading In The European Community, Manning Gilbert Warren III

    PDF

    The Regulatory Future of Contingent Employment: An Introduction, Mark H. Grunewald

    PDF

    The Reincarnation of Rule 152: False Hope on the Integration Front, Lyman P. Q. Johnson and Steve Patterson

    PDF

    The Relevance of Corporate Theory to Corporate and Economic Development: Comment on The Transplantation of the Legal Discourse on Corporate Personality Theories, Lawrence E. Mitchell

    PDF

    The Religious Freedom Restoration Act and Smith: Dueling Levels of Constitutional Scrutiny, Whitney Travis

    PDF

    The Remix Artist’s Catch-22: A Proposal for Compulsory Licensing for Transformative, Sampling-Based Music, Robert M. Vrana

    PDF

    The Revised Uniform Partnership Act Breakup Provisions: Stability Or Headache?, Arnold M. Wensinger

    PDF

    The Rhetoric and Reality of Nature Protection: Toward a New Discourse, Holly Doremus

    PDF

    The Rhetoric of Powell's Bakke, Lewis H. LaRue

    PDF

    The Right Of Confrontation, Justice Scalia, And The Power And Limits Of Textualism, Bryan H. Wildenthal

    PDF

    The Right of Self-Determination in the Twenty-First Century, Hurst Hannum

    PDF

    The Right To Financial Privacy Act And The Sec

    PDF

    The Right To Know And School Board Censorship Of High School Book Acquisitions

    PDF

    The Rise of the Contingent Work Force: The Key Challenges and Opportunities, Richard S. Belous

    PDF

    Thermal Surveillance: Do Infrared Eyes in the Sky Violate the Fourth Amendment? , M. Annette Lanning

    PDF

    The Role of Race in the Memphis Courts, D'Army Bailey

    PDF

    The Role Of Sentencing Guideline Amendments In Reducing Unwarranted Sentencing Disparity, William W. Wilkins, Jr. and John R. Steer

    PDF

    The Role of Treble Damages In Legislative and Judicial Attempts to Deter Insider Trading

    PDF

    The Roof Is on Fire: When, Absent an Agreement Otherwise, May a Landlord's Insurer Pursue a Subrogation Claim Against a Negligent Tenant?, Robert Vanneman Spake, Jr.

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    The Sale of Business Doctrine: Judicial Exemption from the Federal Securities Laws

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    The Scope Of Copyright Protection For Computer Programs: Exploring The Idea/ Expression Dichotomy*

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    The Scope of the Borrower's Liability in a Nonrecourse Real Estate Loan, Gregory M. Stein

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    The Scope of the Disclosure Duty under SEC Rule 14e-3

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    The Sec As A Bureaucracy: Public Choice, Institutional Rhetoric, And The Process Of Policy Formulation, Donald C. Langevoort

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    The Second Kind of Sin: Making the Case for a Duty to Disclose Facts Related to Genericism and Functionality in the Trademark Office, Susan M. Richey

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    The SEC's Proposal to Regulate Market Sweeps

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    The Sec'S Version Of The Efficient Market Theory And Its Impact On Securities Law Liabilities, Marvin G. Pickholz and Edward B. Horahan III

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    The Securities and Exchange Commission's Enforcement Program: A Debate on the Enforcement Process, Monroe H. Freedman and Stanley Sporkin

    PDF

    The Seductive Comparison of Shareholder and Civic Democracy, Usha Rodrigues

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    The Separation of Ownership and Control in Modem Corporations: Shareholder Democracy or Shareholder Republic? A Commentary on Dalia Tsuk Mitchell's Shareholders as Proxies. The Contours of Shareholder Democracy, Lucas E. Morel

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    The "Set Up" Defense and the Comparative Fault Defense: New Wrinkles in Bad Faith Claims Against Insurers

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    The Severability of Arbitrable and Nonarbitrable Securities Claims

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    The Shattered Mirror: Identity, Authority, and Law, Lawrence M. Friedman

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    The Shifting Jurisdiction Of The Antitrust Laws

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    The Slaughter Of The Innocent: Disagreement Regarding The Interpretation Of Section 402(A) "Rolls On"

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    The Social Reality And Social Organization Of Natural Decision-Making, Peter K. Manning

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    The Sterilization Rights Of Mental Retardates

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    The Story of Us: Resolving the Face-Off Between Autobiographical Speech and Information Privacy, Sonja R. West

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    The Strange History of "All Men Are Created Equal", Pauline Maier

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    The Strict Liability Duty To Warn, Aaron Gershonowitz

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    The Struggle To Define Section 7 Concerted Activity: A Literal Definition Emerges

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    The Supreme Court as an Enforcement Agency, Harold J. Krent

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    The Supreme Court'S Literalism And The Definition Of "Security" In The State Courts, Douglas M. Branson and Karl Shumpei Okamoto

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    The Supreme Court's Plenary Docket, Margaret Meriwether Cordray and Richard Cordray

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    The System and the Life World, Warren Lehman

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    The Tainted Federal Prosecutor in an Overcriminalized Justice System, Ellen S. Podgor

    PDF

    The Tender Offer: In Search Of A Definition

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    The Text Of The Free Exercise Clause As A Measure Of Employment Division V Smith And The Religious Freedom Restoration Act, ALLAN IDES

    PDF

    The Three Voices Of Libel, Randall Bezanson and Brian C. Murchison

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    The Thrift Crisis and the Constitution, Stanley I. Langbein

    PDF

    The "Total Product" Approach To Analysis Of Alleged Tying Arrangements, Michael Dore

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    The Toyota Principle, Alex Kozinski

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    The Transformation Of Trans-Substantivity, Carl Tobias

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    The Transplantation of the Legal Discourse on Corporate Personality Theories: From German Codification to British Political Pluralism and American Big Business, Ron Harris

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    The Truth May Not Set You Free, Robert M. O'Neil

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    The Twenty-First Wisdom, Paul D. Carrington

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    The Underappreciated First Amendment Importance of Lawrence v. Texas, Michael P. Allen

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    The Underlying Causes of Withdrawal and Expulsion of Partners from Law Firms, Geoffrey C. Hazard, Jr.

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    The Unheralded Demise Of The Statute Of Frauds Welsher In Oral Contracts For The Sale Of Goods And Investment Securities: Oral Sales Contracts Are Enforceable By Involuntary Admissions In Court Under U.C.C. Sections 2-201(3)(B) And 8-319(D), Philip K. Yonge

    PDF

    The Uniform Child Custody Jurisdiction Act And The Parental Kidnapping Prevention Act: Dual Response To Interstate Child Custody Problems

    PDF

    The Uniform Determination Of Death Act: An Effective Solution To The Problem Of Defining Death

    PDF

    The Unintended Tax Advantages of Gay Marriage, Theodore P. Seto

    PDF

    The United States and Taiwan After Derecognition: Consequences and Legal Remedies, Ahmed Sheikh

    PDF

    The United States' Claims of Customary Legal Rights Under the Law of the Sea Convention

    PDF

    The Unmaking Of A Bankruptcy Court: Aftermath Of Nor Thernpipeline V. Marathon, Lawrence P. King

    PDF

    The Unrecognized Statutory Labor Exemption From Antitrust And Pension Fund Leverage And Antitrust , W. Michael Kaiser

    PDF

    The Usage and Meaning of "Clinical Significance" in Drug-Related Litigation, Sarah M.R. Cravens

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    The Use, Nonuse, and Misuse of Low Value Speech, Arnold H. Loewy

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    The Use of the Fifth Amendment In SEC Investigations, Seymour Glanzer, Howard Schiffman, and Mark Packman

    PDF

    The Validity Of Sec Rule 3B-9 Which Requires Banks To Register As Broker-Dealers

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    The Validity of 'State Tender Offer Statutes: SEC Rule 14d-2(b) and Post-Kidwell Federal Decisions

    PDF

    The Virginia Conspiracy Statute Part II: Liability of Conspirators for Compelling Another to Act Against His Will or Constraining Another from Doing a Lawful Act, Joseph E. Ulrich and Killis T. Howard

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    The Warren Court And The Pursuit Of Justice, Morton J. Horwitz

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    The Warren Court, Criminal Procedure Reform, and Retributive Punishment, Darryl K. Brown

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    The Worldwide Accountability Deficit for Prosecutors, Ronald F. Wright and Marc L. Miller

    PDF

    Think Pink! Color Can Be A Trademark

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    Third Party Consent Searches and the Fourth Amendment: Refusal, Consent, and Reasonableness, Elizabeth A. Wright

     

    Third-Party Misconduct in Union Representation Elections

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    Third-Party Removal of an Entire Case: Who Can Remove, Who Cannot

    PDF

    This Gun For Hire: Dancing In The Dark Of The First Amendment, Michael I. Meyerson

    PDF

    Thomas Jefferson'S Equity Commonplace Book, Edward Dumbauld

    PDF

    Thoughts Evoked By "Accounting And The New Corporate Law", Ted J. Fiflis

    PDF

    Through the Lens of Federal Evidence Rule 403: An Examination of Eyewitness Identification Expert Testimony Admissibility in the Federal Circuit Courts, Lauren Tallent

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    Tiger's Paper Tiger: The Endangered Right of Publicity, David J. Michnal

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    Time for a Change: A Re-examination of the Settlement Policies of the Securities and Exchange Commission , Anne C. Flannery

    PDF

    Tipping the Scales: Seeking Death Through Comparative Value Argumentst, Erin McCampbell

    PDF

    Title Ix: Women'S Collegiate Athletics In Limbo

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    Tortious Speech, David A. Anderson

    PDF

    Tort Liability for the Transmission of theAIDS Virus: Damages for Fear of AIDSand Prospective AIDS, John Patrick Darby

    PDF

    To See Life Steadily and to See It Whole: For Judge Wisdom in His Ninety-First Year, Barry Sullivan

    PDF

    Toward a Level Playing Field: Challenges to Accomplice Testimony in the Wake of United States v. Singleton, James W. Haldin

    PDF

    Toward a Model Law of Estates and Future Interests, D. Benjamin Barros

    PDF

    Toward an American Moral Rights in Copyright, Ilhyung Lee

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    Toward A Uniform State Product Liability Law-Virginia And The Uniform Product Liability Act

    PDF

    Towards A Recognition Of The Necessity Defense For Political Protesters, Matthew Lippman

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    Toward the Uncertificated Security: A Congressional Lead for States to Follow, Egon Guttman

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    Trademark Extortion: The End of Trademark Law, Kenneth L. Port

    PDF

    Transboundary Environmental Impact Assessment Under the North American Free Trade Agreement, Jameson Tweedie

    PDF

    Transnational Discovery: The Balancing Act of American Trial Courts and the Northern District of Illinois' New Approach to the Hague Convention

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    Transnational Securities Fraud Jurisdiction Under Section 10(B): The Case For A Flexible And Expansive Approach

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    Trimming the Fat: A Study of Mandatory Nutritional Disclosure Laws and Excessive Judicial Deference, Charles R. Yates, III

    PDF

    Tucker Lecture, Law and Media Symposium, Erwin Chemerinsky

    PDF

    Tunisia at the Forefront of the Arab World: Two Waves of Gender Legislation, Mounira M. Charrad

    PDF

    Turnabout Toward Fair Play: The NLRB's Revised Approach to Union Officer Superseniority

    PDF

    Twelve Letters From Arthur L. Corbin To Robert Braucher, Joseph M. Perillo

    PDF

    Twenty-Five Years of Hudood Ordinances- A Review, Martin Lau

    PDF

    Two Minute Warning: The Time To Settle The Nfl Free Agency Dispute Is Now, Walter J. Godlewski, III

    PDF

    Ucc § 2-702(2): An Invalid State Priority In Bankruptcy

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    Unavoidably Unsafe Products: Clarifying the Meaning and Policy Behind Comment K, Victor E. Schwartz

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    Uncertainty and the Search for Truth at Trial: Defining Prosecutorial "Objectivity" in German Sexual Assault Cases, Shawn Marie Boyne

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    Union Participation in OSHRC Hearings

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    United States V. Ja Vino: Reconsidering The Relationship Of Customary International Law To Domestic Law, Eric George Reeves

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    United States V. Kimbell Foods, Inc.: A Problem Or Solution In Resolving Lien Priority Disputes?

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    United States v. Naftalin

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    Unreasonable Risk: Model Rule 1.6, Environmental Hazards, and Positive Law, Irma S. Russell

    PDF

    Unspoken Questions in the Rule 32.1 Debate: Precedent and Psychology in Judging, David E. Klein

    PDF

    Unsteady on Its Feet: Sobriety Checkpoint Reasonableness, Michael F. Lotito

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    Untangling the Safety Net: Protecting Federal Benefits from Freezes, Fees, and Garnishmentt, Allen C. Myers

    PDF

    Unwrapping The Wraparound Mortgage Foreclosure Process

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    Unwritten Constitutions, Unwritten Law, Walter O. Weyrauch

    PDF

    Upping the Ante: Curricular and Bar Exam Reform in Professional Responsibility, David A. Logan

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    "Up the Ladder" and Over: Regulating Securities Lawyers-Past, Present & Future, Theodore Sonde and F. Ryan Keith

    PDF

    Use Immunity Advisements And The Public Employee'S Assertion Of The Fifth Amendment Privilege Against Self-Incrimination

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    Using DNA Profiles to Obtain "John Doe" Arrest Warrants and Indictments, Frank B. Ulmer

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    Using Mediation In Cases Of Simple Rape

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    Values And Value: An Essay On Libel Reform, Sheldon W. Halpern

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    Variations On A Theme: Application Of Masson V. New Yorker Magazine, Inc. To A Spectrum Of Misquotation Libel Cases

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    V. Civil Rights

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    V. Civil Rights

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    V. Commercial Law

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    V. Commercial Law

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    V. Commercial Law

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    V. Constitutional Law

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    V. Constitutional Law

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    V. Constitutional Law

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    V. Criminal Law And Procedure

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    V. Employment & Labor Law

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    V. Environmental Law

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    V. Environmental Law

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    Vi. Commercial Law

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    Vi. Common Law Derivative Recovery Of Insider Profits

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    VI. Conflict of Laws

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    Vi. Constitutional Law

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    VI. Constitutional Law & Civil Rights

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    Vi. Constitutional Law & Civil Rights

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    VI. Copyright, Patent & Trademark Law

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    Vi. Criminal Law & Procedure

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    VI. Criminal Procedure

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    Victimization: A Legalist Analysis of Coercion, Deception, Undue Influence, and Excusable Prison Escape, Herbert Fingarette

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    Vi. Employment And Labor Law

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    Vi. Evidence

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    Vi. Evidence A.

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    Viewpoint Discrimination by Public Universities: Student Religious Organizations and Violations of University Nondiscrimination Policie, Mark Andrew Snider

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    Vi. Government Benefits

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    Vi. Government Benefits

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    VII. Constitutional Law

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    Vii. Constitutional Law

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    VII. Corporate & Securities Law

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    VII. Criminal Law & Procedure

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    Vii. Criminal Law & Procedure

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    Vii. Criminal Procedure

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    VII. Employment Discrimination

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    Vii. Environmental Law

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    Vii. Evidence

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    Vii. Federal Tort Claims Act

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    Vii. Habeas Corpus And Prisoners' Rights

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    Viii. Bankruptcy Law

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    VIII. Criminal Law

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    Viii. Criminal Law

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    VIII. Employment Discrimination

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    Viii. Employment Discrimination & Affirmative Action

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    VIII. Employment & Labor Law

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    Viii. Environmental Law

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    VIII. Environmental Law

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    Viii. Evidence

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    Viii. Labor

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    Vii. Insurance Law

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    Viii. Prsoners' Rights

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    Viii. Securities

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    Viii. Torts

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    VIII. Torts

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    Vii. Securities Law

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    VII. Tax

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    V. Implied Private Rights Of Action

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    Violence Risk Assessment: Scientific Validity and Evidentiary Admissibility, John Monahan

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    VI. Prisoner's Rights

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    Virginia'S Affiliated Transactions Article: The Death Of Two-Tiered Takeovers In Virginia?

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    Virginia'S Equitable Distribution Law: Active Appreciation And The Source Of Funds Rule, Brett R. Turner

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    Virginia's Equitable Distribution Law: An Owner's Manual, Brett R. Turner

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    Virginia's Exemption Statutes-The Need for Reform and a Proposed Revision, Joseph E. Ulrich

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    Virginia's Medical Malpractice Act: A Constitutional Analysis

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    Virginia Subdivision Law: An Unreasonable Burden On The Unwary

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    Virginia Tax Procedures: Unfinished Business, J. Timothy Philipps

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    Virtual Heisenberg: The Limits of Virtual World Regulability, Viktor Mayer-Schonberger

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    Virtually liable, Garrett Legerwood

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    Virtual Parentalism, Joshua A.T. Fairfield

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    V. Labor & Employment

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    V. Labor Law

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    VMI Essays: An Essay On Vmi And Military Service: Yes, We Do Have To Be Equal Together, Mary M. Cheh

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    VMI Essays: The Curious Case Of The Virginia Military Institute: An Essay On The Judicial Function, Allan Ides

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    VMI Essays: The Virginia Military Institute And The Equal Protection Clause: A Factual And Legal Introduction, Jon Allyn Soderberg

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    Volatility And Market Inefficiency: A Commentary On The Effects Of Options, Futures, And Risk Arbitrage On The Stock Market , Thomas Lee Hazen

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    Vouching: In or Out?

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    V. Section 16(B)

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    Walled Gardens, Dan Hunter

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    Was There Sex Before Calvin Klein?, Linda R. Hirshman

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    "We Are An Equal Opportunity Employer": Diversity Doublespeak, Cheryl L. Wade

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    What Are We-Laborers, Factories, or Spare Parts? The Tax Treatment of Transfers of Human Body Materials, Lisa Milot

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    What Constitutes a "Disability" Under the Americans with Disabilities Act: Should Courts Consider Mitigating Measures?, Maureen R. Walsh

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    What Difference Does It Make Whether Corporate Managers Have Public Responsibilities?, William H. Simon

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    What Does Granholm v. Heald Mean for the Future of the Twenty-First Amendment, the Three-Tier System, and Efficient Alcohol Distribution?, Gregory E. Durkin

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    What If Technology Never Stops Improving? Medicare's Future Under Continuous Cost Increases, Mark V. Pauly

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    What is a Commodity?

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    What Is An "Exchange? "-Proprietary Electronic Securities Trading Systems And The Statutory Definition Of An Exchange, Therese H. Maynard

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    What is a Tender Offer?

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    What Part of RPOS Don't You Understand? An Update and Survey of Standards for Tax Return Positions, J. Timothy Philipps, Michael W. Mumbach, and Morgan W. Alley

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    What Price the Bar? Examining the Constitutionality of the Virginia Bar Admission Requirements in Friedman v. Supreme Court of Virginia

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    What Was Wrong with Dred Scott, What's Right About Brown, Robert A. Burt

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    When is an Attorney Unreasonable and Vexatious?

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    When Is A Security Not A Security? Promissory Notes, Loan Participations, And Stock In Close Corporations

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    When Money Talks: Reconciling Buckley, the First Amendment, and Campaign Finance Reform, Stephanie Pestorich Manson

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    When the Heck Does This Claim Accrue? Heck v. Humphrey's Footnote Seven and § 1983 Damages Suits for Illegal Search and Seizure, John Stanfield Buford

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    Where's the Harm?: Free Speech and the Regulation of Lies, Lyrissa Barnett Lidsky

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    W(h)ither the Jury? The Diminishing Role of the Jury Trial in Our Legal System, Jennifer Walker Elrod

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    Who "Caused" the Enron Debacle?, David K. Millon

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    Who Owns Academic Freedom?: The Standard for Academic Free Speech at Public Universities, Stacy E. Smith

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    Whose Safety Net? Reflections on "Untangling", Henry L. Woodward

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    Who's the Boss?: Statutory Damage Caps, Courts, and State Constitutional Law, Matthew W. Light

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    Why Banks are Not Allowed in Bankruptcy, Richard M. Hynes and Steven D. Walt

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    Why Cross Boundaries?, Mary Ann Glendon

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    Why I Write, James Boyd White

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    Will The Real Fsia Choice-Of-Law Rule Please Stand Up?, Joel Mendal Overton, II

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    Will the Real Real Party in Interest Please Stand Up?: Applying the Capacity to Sue Rule in Diversity Cases, Benjamin J. Conley

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    Will Tort Reform Combat The Medical Malpractice Insurance Availability And Affordability Problems That Virginia'S Physicians Are Facing?

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    World Trade Rules And Environmental Policies: Congruence Or Conflict?, John H. Jackson

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    World Wide Web Advertising: Personal Jurisdiction Around the Whole Wide World?, Christopher W. Meyer

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    Writing Across the Margins: An Introduction, Lewis H. LaRue

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    Wrongful Birth: Who Owes What To Whom And Why?

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    Wrongs Committed During a Marriage: The Child that No Area of the Law Wants to Adoptt, Michelle L. Evans

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    X. Education Law

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    X. Environmental Law

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    XI. Employment Discrimination

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    Xi. Evidence

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    XII. Environmental Law

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    Xii. Habeas Corpus And Prisoners' Rights

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    XIII. Labor Law

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    Xiii. Labor Law

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    X III. Tax

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    Xiii. Torts

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    XII. Securities Law

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    Xii. Tax

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    Xii. Tax

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    X II. Torts

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    Xii. Trade Regulation

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    Xi. Labor Law

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    Xi. Miscellaneous

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    X. Insurance

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    X. International Law

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    Xi. Patent, Copyright & Trademark Law

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    XI. Prisoners' Rights

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    XI. Property

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    Xi. Taxation

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    Xi. Torts

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    XI. Torts

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    Xi. Trademark

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    XIV. Tax

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    Xiv. Tax

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    XIV. Torts

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    X . Labor

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    X. Labor Law

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    X. Labor Law

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    X. Miscellaneous

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    X. Property

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    X. Real Property Law

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    X. Tax

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    X. Tax

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    Xv. Torts

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    You Get What You Pay For: Result-Based Compensation for Health Care, David A. Hyman and Charles Silver

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    "You're Fired!" Determining Whether a Wrongly Terminated Employee Who Has Been Reinstated with Back Pay Has an Actionable Title VII Retaliation Claim, Anna Ku

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    Your Money or Your Life?: Thinking About the Use of Willingness-to-Pay Studies to Calculate Hedonic Damages, Dennis C. Taylor

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    "Your Papers, Please." Is an Identification Requirement Constitutional?

 
 
 

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