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Distinguished Professors at the University of Kansas: Recent submissions
Now showing items 261-280 of 918
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Access to Courts and Preemption of State Remedies in Collective Action Perspective
(Case Western Reserve University School of Law, 2009)Preemption of common law remedies for individual injuries such as harm to health raises fundamental questions about the proper allocation of authority between the federal and state governments and about the role of courts ... -
Slaying the Inequality Villain in School Finance: Is the Right to Education the Silver Bullet?
(University of Kansas School of Law, 2011)This article, part of a symposium on Educational Reform in the 21st Century, considers the relationship between the recognition of a right to education and the amelioration of educational inequalities. As currently understood ... -
Climate Change Adaptation: A Collective Action Perspective on Federalism Considerations
(Lewis & Clark Law School, 2010)The buildup of greenhouse gases in the atmosphere and the likely growth in future emissions due to increased energy consumption in developing nations have convinced many scientists and policymakers of the need to develop ... -
Arbitration Clauses in Credit Card Agreements: An Empirical Study
(Wiley-Blackwell, 2012)This article uses a newly available database of consumer credit card agreements to take the first, in‐depth empirical look at why credit card issuers use arbitration clauses. Based on a sample of credit card agreements ... -
Usages and Implied Terms in the United States
(Oxford University Press, 2012-09-03)The Uniform Commercial Code (“UCC” or “Code”) incorporates commercial practices — course of performance, course of dealing, and usage of trade — into the parties’ agreement, with the aim of “reduc[ing] the gap between law ... -
Arbitrator Selection and Regulatory Competition in International Arbitration Law
(Kluwer Law International, 2005-01)This paper examines empirically the effect of enacting a new or revised arbitration statute on the selection of international arbitrators. It considers three principal ways in which arbitrators may benefit from a new ... -
International Arbitration Law in the United States
(Istanbul Chamber of Commerce, 2007)The importance of American international arbitration law has grown in recent decades. Arbitration is widely used as a means of resolving transnational disputes involving American parties, albeit more widely for some types ... -
Contract and Choice
(Brigham Young University, 2012)This Article contributes to an ongoing debate, afoot in academic, legal, and policy circles, over the future of consumer arbitration. Utilizing a newly-available database of credit card agreements, the article offers an ... -
Marbury's Unfulfilled Promise: Government Benefits and the Rule of Law
(2002)Given the centrality of rule of law principles to the constitutional order, we have never been entirely comfortable with current legal doctrines which leave basic rule of law safeguards for government benefits, such as ... -
Agency-Specific Precedents
(New York University School of Law, 2011)As a field of legal study and practice, administrative law rests on the premise that legal principles concerning agency structure, administrative process, and judicial review cut across multiple agencies. In practice, ... -
A Collective Action Perspective on Ceiling Preemption By Federal Environmental Regulation: The Case of Global Climate Change
(Northwestern University School of Law, 2008)In an era of regulatory skepticism, proponents of regulation in general and environmental regulation in particular face a number of new political and legal hurdles, particularly at the federal level. Frustrated with federal ... -
Government Benefits and the Rule of Law: Toward a Standards-Based Theory of Due Process
(American Bar Association, 2006)Under the Supreme Court's current due process jurisprudence, due process applies only when government actors deprive a person of a protected interest in life, liberty, or property, and government benefits are property only ... -
A Standards-Based Theory of Judicial Review and the Rule of Law
(2005)The constitutionality of legislative preclusion of judicial review has received considerable attention from constitutional and administrative law scholars. We join this debate by proposing a new approach: a standards-based ... -
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 ... -
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 ...
