Law School Scholarly Works: Recent submissions
Now showing items 221-240 of 629
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Disciplinary Evolution and Scholarly Expansion: Legal History in the United States
(American Society of Comparative Law, Inc., 2006)The study and teaching of legal history has flourished in the last few decades in the United States. This progression has been augmented by several key factors. First, digital sources have made legal and historical documents ... -
Serendipity in the Stacks, Fortuity in the Archives
(American Association of Law Libraries, 2007)Professor Hoeflich explores the notion of serendipity and its components as they relate to historians, particularly legal historians, and to those institutions - libraries and archives - that present the opportunities for ... -
Responding to 9/11: Lurching Toward a Rule of Scofflaw
(The University of Kansas School of Law, 2005)Despite the lip service that the Bush-Cheney administration has paid to the notion of a rule of law - claiming, for example, that countries around the world should embrace and respect the rule of law in their internal ... -
International Legal Regimes to Balance the Protection of Prairies and Grasslands with Their Agricultural Use Part One – Grasslands at Risk
(2010-09-21)Grasslands abound on Earth, but humans have damaged them profoundly. This paper – part of a book project focusing on the international legal regimes needed to strike an appropriate balance between the protection of grassland ... -
Of Enterprise Principles & Corporate Groups: Does Corporate Law Reach Human Rights?
(2013-03-01)In recent years, a number of international and cross-sectoral initiatives have attempted to respond to the human rights impacts of corporations. Foremost among these is the United Nations’ 2008 “Protect, Respect, and Remedy” ... -
The Legacy of Wolfish and Chapman: Some Thoughts About 'Big Prison Case' Litigation in the 1980s
(Clark Boardman Callaghan, 1999)In the past fifteen years, the conditions of American prisons have moved from the grist of movies to the attention of the courts. Judges throughout the nation have been asked to adjudicate the legality of issues as diverse ... -
Federal Parole and Sentencing: A Report on the Present and Some Thoughts for the Future
(Loyola University Chicago School of Law, 1982)In the past fifteen years an almost unanimous consensus has developed over the need for sentencing reform. Critics have maintained that the unregulated discretion currently granted judges fosters extensive and unwarranted ... -
Law Free Zones: A Panel Discussion
(The University of Kansas School of Law, 2005)Professor Gottlieb prepared this essay for a panel discussion held at the University of Kansas School of Law on September 9, 2005. -
Katrina Consequences: What Has the Government Learned?
(Loyola University New Orleans College of Law, 2006)Eleven months ago, the nation witnessed Hurricane Katrina, perhaps the worst "natural" disaster to have occurred on American soil. The failures at all levels of government to cope, in a minimally competent way, with the ... -
Wilson v. Seiter: Less than Meets the Eye
(Clark Boardman Callaghan, 1999)In 1991 the United States Supreme Court revisited the question of the general standards that are required in eighth amendment conditions-of-confinement litigation. In Wilson v. Seiter, the Court declared that, in an eighth ... -
Chapter 10: The Constitutionality of the Sentencing Guidelines
(Aspen Publishers, 2010)A survey of case law and decisions related to then-recent implementation of the Sentencing Guidelines to criminal cases in Federal Court. -
An Analysis of Recent Changes in Kansas Drunk Driving Laws
(1986)For the past several years the problem of drunk driving has become of increasingly intense public concern. In response to this concern, the Kansas Legislature has passed major amendments to the drunk driving laws. The most ... -
Preserving the American Common Market: State and Local Governments in the United States Supreme Court
(The University of Chicago Press, 1999)The dormant Commerce Clause of the U.S. Constitution, according to the Supreme Court, creates a free trade zone among the states. This article argues that state and local governments act as "fire alarms" in dormant Commerce ... -
Commercial Norms, Commercial Codes, and International Commercial Arbitration
(Vanderbilt University, 2000)The article defends the incorporation of commercial norms into commercial codes, through provisions such as statute 1-205 of the Uniform Commercial Code. It finds significant reliance on trade usages in international ... -
'Unfair' Arbitration Clauses
(University of Illinois College of Law, 2001)The article reexamines the most common academic criticisms of "mandatory" arbitration of consumer disputes. First, it presents the results of an empirical study of "unfair" arbitration clauses, based on a sample of dispute ... -
In Defense of Southland: Re-Examining the Legislative History of the Federal Arbitration Act
(University of Notre Dame Law Review, 2002)This article challenges the conventional wisdom that the Supreme Court's decision in Southland Corp. v. Keating, holding that the Federal Arbitration Act ("FAA") applies in state court and preempts state law, was an ... -
Federal Arbitration Act Preemption
(Indiana University Maurer School of Law, 2004)Taking as given the existing Supreme Court case law, this Article seeks to develop an overall framework for analyzing when the Federal Arbitration Act preempts state law. The framework is not conclusive but instead highlights ... -
'The Arrogance of Certainty': Trust, Confidentiality, and the Supreme Court
(The University of Kansas School of Law, 1998)This article reviews Edward P. Lazarus, Closed Chambers (Time Books 1998). In Closed Chambers, Lazarus recounts stories from his term as a Supreme Court law clerk from the perspectives of what he calls a “journalist-historian” ... -
On Tariffs and Subsidies in Interstate Trade: A Legal and Economic Analysis
(Washington University in St. Louis School of Law, 1996)The dormant Commerce Clause of the United States Constitution, as currently construed by the Supreme Court, permits states to “promote” instate businesses but not to “protect” those businesses from out-of-state competition. ... -
Contracting Around RUAA: Default Rules, Mandatory Rules, and Judicial Review of Arbitral Awards
(Pepperdine University School of Law, 2003)By specifying that its provisions generally are default rules and listing particular exceptions, the Revised Uniform Arbitration Act (“RUAA”) provides much needed certainty and avoids unnecessary litigation, at least ...
