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Scholarly Commons at Hofstra Law Maurice A. Deane School of Law at Hofstra University

    Content Posted in 2013

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    The Importance of Private International Law for Family Issues in an Era of Globalization: Two Case Studies-International Child Abduction and Same-Sex Unions, Linda Silberman and Karin Wolfe

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    The Importance of Recognizing Trauma Throughout Capital Mitigation Investigations and Presentations, Kathleen Wayland

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    The Importance of Updating Sexual Harassment Policies to Thwart Same-Sex Sexual Harassment Claims, Kenneth Band

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    The Inapplicability of the Parol Evidence Rule to the United Nations Convention on Contracts for the International Sale of Goods, Peter J. Calleo

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    The Independent Counsel Statute: A Matter of Public Confidence and Constitutional Balance, Senator Carl Levin and Elise J. Bean

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    The Independent Significance of the Press Clause Under Existing Law, C. Edwin Baker

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    The Indispensable Role of the Mitigation Specialist in a Capital Case: A View from the Federal Bench, Helen G. Berrigan

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    The Influence of the American Lawyers' Code of Conduct on ABA Rules and Standards, Monroe H. Freedman

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    The Innocence Protection Act of 2001, Senator Patrick Leahy

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    The Insider Trading Doctrine: A Need for Legislative Repair, Richard M. Phillips and Robert J. Zutz

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    The Integrity of Holmes' Jurisprudence, G. Edward White

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    The Interaction of Federal Deregulation and State Regulation, Eli M. Noam

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    The Internalization Paradox and Workers' Compensation, Keith N. Hylton and Steven E. Laymon

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    The International Accounting Debate: Options in Standardization, Keith Bader

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    The International Environmental Court: Its Broad Jurisdiction as a Possible Fatal Flaw, Susan M. Hinde

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    The International Law of Human Rights: A Reply to Recent Criticisms, Louis B. Sohn

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    The Internet- Disability or Distraction? An Analysis of Whether "Internet Addiction" Can Qualify as a Disability Under the Americans with Disabilities Act, Blake R. Bertagna

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    The Interstate Agreement on Detainers and the Federal Government, Bernard J. Fried

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    The Intractable Problem of Bankruptcy Ethics: Square Peg, Round Hole, Nancy B. Rapoport

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    The Issue of Legalizing Illicit Drugs, John C. Lawn

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    The Issue of Mexican Immigration: Where Do We Go From Here?, Nicholas R. Montorio

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    The Judge's Ethical Duty to Report Misconduct by Other Judges and Lawyers and its Effect on Judicial Independence, Leslie W. Abramson

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    The Judge's Relative is Affiliated with Counsel of Record: The Ethical Dilemma, Leslie W. Abramson

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    The Judicial Bypass Procedure and Adolescents' Abortion Rights: The Fallacy of the "Maturity" Standard, Satsie Veith

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    The Judicial Function: Justice Between the Parties, or a Broader Public Interest?, Richard Zitrin

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    The Judicial Imperative - Court Intervention and the Protection of the Right to Vote in Unions: A Case Study of Fight Back Committee v. Gallagher, Arthur Z. Schwartz

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    The Judiciary's Efforts to Save Public Employers from the Bargains They Have Made: The Non-Delegability and Against Public-Policy Doctrines, James A. Shaw

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    The Justification for Protecting Reasonable Expectations, Bailey H. Kuklin

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    The King is Dead, Long Live the King! The Court-Created American Concept of Immunity: The Negation of Equality and Accountability Under Law, Rodolphe J.A. de Seife

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    The Labor Movement Needs a Twenty-First Century Committee for Industrial Organization, Charles B. Craver

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    The (Lack Of) Enforcement of Prosecutor Disclosure Rules, Kevin C. McMunigal

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    The Last Vestige of the Citadel, Joel M. Scheer

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    The Lawlessness of Aggregative Torts, James A. Henderson Jr.

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    The Law of Fixtures: Common Law and the Uniform Commercial Code-Part I: Common Law of Fixtures, Alphonse M. Squillante

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    The Law of Fixtures: Common Law and the Uniform Commercial Code: Part II: The UCC and Fixtures, Alphonse M. Squillante

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    The Lawyer's "Conscience" and the Limits of Persuasion, Abbe Smith

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    The Lawyer's Role in Institutionalizing ADR, Karen A. Intrater and Traci Gabhart Gann

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    The Legal and Social Implications of Psychopharmacology, Thomas P. Dugan

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    The Legal Construction of Adolescence, Elizabeth S. Scott

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    The Legality and Utility of the Shareholder Rights Bylaw, Jonathan R. Macey

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    The Legality of Marginal Cost Pricing for Utility Services, David K. Kadane

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    The Legality of Using Employee Appearance Policies to Promote Organizational Culture, Dennis R. Kuhn and John A. Pearce II

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    The Legal Profession's Failure to Discipline Unethical Prosecutors, Angela J. Davis

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    The Legitimacy of Labor Unions, Peter Levine

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    The Limits of Central Bank's Textualist Approach-Attempts to Overdraw the Bank Prove Unsuccessful, Richard H. Walker and David M. Levine

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    The Limits of Multiple Rights and Remedies: A Call for Revisiting the Law of the Workplace, Ann C. Hodges

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    The Limits of the Autonomy Principle: Refusal of Life-Sustaining Medical Treatment for Incompetent Persons, Jean Kephart Cipriani

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    The Line Between Legal Error and Judicial Misconduct: Balancing Judicial Independence and Accountability, Cynthia Gray

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    The Lost World: Of Politics and Getting the Law Right, Charles Silver

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    The Mechanics of a Commodity Futures Exchange: A Critique of Automation of the Transaction Process, Leo Melamed

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    The Mechanics of Futures Trading: Speculation and Manipulation, Joseph J. Bianco

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    The Medical Malpractice Mediation Panel in the First Judicial Department of New York: An Alternative to Litigation

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    The Mirage of Efficiency, Mario J. Rizzo

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    The Misbegotten Libel-Proof Plaintiff Doctrine and the "Gordian Knot" Syndrome, Joseph H. King Jr.

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    The Misguided Doctrine of Stockholder Fiduciary Duties, Paula J. Dalley

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    The Moral and Practical Case for Drug Legalization, James Ostrowski

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    The Motion in Limine: Trial Without Jury - A Government's Weapon Against the Sanctuary Movement, Douglas L. Colbert

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    The Myth of Separation: America's Historical Experience with Church and State, Patrick M. Garry

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    The NAFTA Environmental Side Agreement and the Power to Investigate Violations of Environmental Laws, Sandra Le Priol-Vrejan

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    The Name Game--Playing to Win Under § 9-402 of the Uniform Commercial Code, Julianna J. Zekan

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    The National Boxing Commission Act of 2001: It's Time for Congress to Step into the Ring and Save the Sport of Boxing, Patrick B. Fife

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    The National Collegiate Athletic Association, Random Drug-Testing, and the Applicability of the Administrative Search Exception, Craig H. Thaler

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    The National Environmental Policy Act after United States v. Scrap: The Timing Question and Substantive Review, Virginia Nolan

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    The National Labor Relations Act at 75: In Need of a Heart Transplant, Charles B. Craver

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    The Nature and Impact of the "Tort Reform" Movement, F. Patrick Hubbard

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    The Need for a Robust Response to Chinese Currency Manipulation - Policy Options for the Obama Administration Including Countervailing Currency Intervention, C. Fred Bergsten

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    The Negligence-Opportunism Tradeoff in Contract Law, George M. Cohen

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    The New Bankruptcy Act: A Revision of Section 67d-The Death of a Dilemma, Steph McEvily

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    The New Law Firm Economy, Billable Hours, and Professional Responsibility, Douglas R. Richmond

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    The New York City Campaign Finance Act, Jeffrey D. Friedlander, Stephen E. Louis, and Laurence D. Laufer

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    The New York City Fire Department Under the New York City Collective Bargaining Law, Eric J. Schmertz

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    The Next Generation of Preemption Cases: State Regulation of 401(k) Plans, Debra A. Davis

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    The NLRB's Deferral Policy Under Fire: The D.C. Circuit's Criticism and the Future of the Deferral Policy, Celeste J. Mattina

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    The NLRB's Proposed Rule on the Appropriateness of Single Location Bargaining Units: Clarity and Predictability, But Has Anything Changed?, Jonathan M. Kozak

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    The NLRB Takes Notice to the Max in Paramax, Dennis M. Devaney and Susan E. Kehoe

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    The No-Duty Rule in New York: Should Company Doctors be Considered Co-Employees?, Glenn Jenkins

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    The "No-Match" Letter Rule: A Mismatch Between the Department of Homeland Security and the Social Security Administration in Worksite Immigration Law Enforcement, Michael Gibek and Joshua Shteierman

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    The Norms of Contract: The Fairness Inquiry and the "Law of Satisfaction"--A Nonunified Theory, Larry A. DiMatteo

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    The North American Free Trade Agreement: The Sale of U.S. Industry to the Lowest Bidder, William Cunningham and Segundo Mercado-LIorens

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    The Offense of Driving while Intoxicated: The Development of Statutory and Case Law in New York, Josephine Y. King and Mark Tipperman

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    The Office of Research Integrity: Experience and Authorities, Chris B. Pascal

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    The Origins and Impact of Deregulation , Wilbur Daniels

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    The Overprotection of Celebrity: A Comment on White v. Samsung Electronics America, Inc., William M. Heberer III

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    The Paternalistic Ideology of ERISA and Unforgiving Courts: Restoring Balance Through a Grand Bargain, Edward A. Zelinsky

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    The Perception and Reality of Discipline in Sports, Gene Orza

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    The Perils of Public Opinion, Deborah W. Denno

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    The Perry Mason Perspective and Others: A Critique of Reductionist Thinking About the Ethics of Untruthful Practices by Lawyers for "Innocent" Defendants, Carl M. Selinger

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    The Pocket Part 1975, Hofstra University School of Law and Eric A. Goldstein, Ed.

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    The Politicized Worker Under the Labor-Management Reporting and Disclosure Act, Barry Sautman

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    The Politicized Worker Under the National Labor Relations Act, Barry Sautman

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    The Politics of the Products Liability Restatement, James A. Henderson Jr. and Aaron D. Twerski

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    The Positive and Normative Puzzle of Decision Rules for Juries: The Example of Decision Rules for Civil Litigation in State Courts, Warren F. Schwartz

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    The Post Legislative Veto Response: A Call to Congressional Arms, Elliott H. Levitas and Stanley M. Brand

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    The Potential for State Labor Law: The New York Greengrocer Code of Conduct, Matthew T. Bodie

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    The Power Struggle Between Shareholders and Directors: The Demand Requirement in Derivative Suits, Tamar Frankel and Wayne M. Barsky

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    The Practical Necessity for Amendment of the Foreign Corrupt Practices Act: S. 708-The Current Legislative Initiative, Richard A. Hibey

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    The Press Is Different: Reflections on Justice Stewart and the Autonomous Press, Floyd Abrams

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    The Privacy Plight of Public Employees, Joel Shafferman

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    The Private Attorney General Meets Public Contract Law: Procurement Oversight by Protest, Robert C. Marshall, Michael J. Meurer, and Jean-Francois Richard

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    The Private Securities Litigation Reform Act of 1995's Paradigm of Ambiguity: A Circuit Split Ripe for Certiorari, Bradley R. Aronstam

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    The Procedural Assault on the Warren Legacy: A Study in Repeal by Indirection, Burt Neuborne

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    The Professional Athlete and the First Amendment: A Question of Judicial Intervention, Jonathan Falk and Brad Eric Scheler

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    The Professional Obligation to Raise Frivolous Issues in Death Penalty Cases, Monroe H. Freedman

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    The Prohibition of Religious Observances in the Workplace, Dean B. Ziegel

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    The Proliferation Security Initiative: A Model for International Cooperation, John Yoo and Glenn Sulmasy

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    The Proper Regulatory Treatment of Investment in Cancelled Utility Plants, Richard D. Gary and Edgar M. Roach Jr.

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    The Public Policy Exception: Has § 1506 Been a Significant Obstacle in Aiding Foreign Bankruptcy Proceedings?, Omer Shahid

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    The Public Policy Exception, "The Freedom of Speech, or of the Press", and the Uniform Foreign-Country Money Judgments Recognition Act, Charles W. Mondora

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    The Public Schools Have a "Special Need" for Their Students' Urine, Irene Merker Rosenberg

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    The Punishment of All Athletes: The Need for a New World Anti-Doping Code in Sports, Zachary Blumenthal

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    The Pursuit of a Bigger Pie: Can Everyone Expect a Bigger Slice?, Lucian A. Bebchuk

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    The Pursuit of Justice and Accountability: Why the United States Should Support the Establishment of an International Criminal Court, Gerard E. O'Connor

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    The Puzzling First Amendment Overbreadth Doctrine, Alfred Hill

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    The Ramification of National Basketball Association Labor Relations, David L. Gregory and Robert J. Nobile

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    The Real Issues of Judicial Ethics, Alex Kozinski

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    The Real Problem is Violence, Not Violence and Television, Todd Gitlin

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    The Reasonableness of the "Reasonable Woman" Standard: An Evaluation of Its Use in Hostile Environment Sexual Harassment Claims Under Title VII of the Civil Rights Act, Saba Ashraf

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    There is Life in That Old (I Mean, More "Senior") Dog Yet: The Age-Proxy Theory After Hazen Paper Co. v. Biggins, Robert J. Gregory

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    There is No Free Market in Television, George Gerbner

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    There Is No "Rational Basis" for Keeping It a "Secret" Anymore: Why the FTDA'S "Actual Harm" Requirement Should Not Be Interpreted the Same Way for Dilution Caused by Blurring as It Is for Dilution Caused by Tarnishing, Joseph J. Galvano

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    The Relevance of Community Values to Just Deserts: Criminal Law, Punishment Rationales, and Democracy, Kenneth W. Simons

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    The Reliability of Our Medical Knowledge as a Product of Industry Relationships, John Abramson

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    The Reports of the Demise of the D'Oench Doctrine Have Been Greatly Exaggerated: The Continuing Coexistence of the D'Oench Doctrine and Section 1823(e), Jeffrey R. Gleit

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    The Requisite Specificity of Alcoholic Beverage Warning Labels: A Decision Best Left for Congressional Determination, George Arthur Davis

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    The Responsibility to Protect and International Justice, Elizabeth F. Defeis

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    The Restatement of the Law Governing Lawyers: A View from the Trenches, Lawrence J. Latto

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    The Restatement (Third) of Torts: Products Liability-The American Law Institute's Process of Democracy and Deliberation, Victor E. Schwartz

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    The Retroactive Application of Deklewa: Inequitable and Unjust Results for Construction Industry Employers, Howard Douglas Fineman

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    The Right of Attorneys to Unionize, Collectively Bargain, and Strike: Legal and Ethical Considerations*, Laura Midwood and Amy Vitacco

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    The Right of Visit, Search and Seizure of Foreign Flagged Vessels on the High Seas Pursuant to Customary International Law: A Defense of the Proliferation of Security Initiative, Ian Patrick Barry

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    The Right to Sublease in New York: Application of Real Property Law Section 226-B, Stephen L. Kaufman

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    The Right to Unionize in the United States, Canada, and Mexico: A Comparative Assessment, David L. Gregory

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    The Road Best Traveled: Removing Judicial Roadblocks That Prevent Workers from Obtaining Both Disability Benefits and ADA Civil Rights Protection, Maureen C. Weston

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    The Role of Alternative Dispute Resolution in Government Construction Contract Disputes, Maria R. Lamari

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    The Role of Mental Health Professionals in Child Custody Resolution, Christopher Allan Jeffreys

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    The Role of the Prosecutor: Serving the Interests of All the People, Alan Vinegrad

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    The Role of Unions and Arbitration in Professional Baseball, Ralph Kiner

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    The Rule of Avoidable Consequences in Antitrust Cases: A Law and Economics Approach, Amanda Kay Esquibel

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    The Rule of Necessity: Is Judicial Non-Disqualification Really Necessary?, Thomas McKevitt

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    The Russian Labour Movement in Days of Difficult Reforms: To Suppress or to Support?, Leonid A. Gordon

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    The Search for a Solution to Child Snatching, Barbara Sheryl Silverman

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    The Second Circuit Takes a Second Look at the Non-Statutory Labor Exemption in Professional Sports: A Review of Wood v. National Basketball Association, Caldwell v. American Basketball Association, National Basketball Association v. William, and Clarett v. National Football League, Walter T. Champion Jr.

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    The SEC, the States and Attorney Conduct Rules: An Analysis of Preemption Issues, Sara Levy

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    The Senate Impeachment Trial for President Clinton, Charles Tiefer

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    The Seniority System Exemption in Title VII: International Brotherhood of Teamsters v. United States, Sharon F. Carton

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    The Sentencing Commission and Prosecutorial Discretion: The Role of the Courts in Policing Sentence Bargains, John Gleeson

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    The Sentencing Commission in Sentencing Reform, Michael H. Tonry

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    The Separate Judicial Opinion and Growth of the Law: Holmes' Dissent in Vegelahn v. Gunter, Thomas P. Campbell Jr.

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    The Signicance of Worker Attitudes: Individualism as a Cause for Labor's Decline, Sharon Rabin Margalioth

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    The Significance of the Shift Toward As-Applied Challenges in Election Law, Joshua A. Douglas

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    The Skinny on the FOP Flop: Why the FDA Must Tighten the Belt on FOP Labeling in Light of the Obesity Crisis, Lauren E. Manning

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    The Slippery Slope from Ambition to Greed to Dishonesty: Lawyers, Money, and Professional Integrity, Lisa G. Lerman

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    The Social Bases of Climate Change Knowledge, Concern, and Policy Support in the U.S. General Public, Aaron M. McCright

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    The "Squeal Rule" and a Minor's Right to Privacy, Patricia A. Olah

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    The Standard of Culpability in Section 1983 and Bivens Actions: The Prima Facie Case, Qualified Immunity and the Constitution, Gary S. Gildin

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    The State Action Doctrine and the Principle of Democratic Choice, Wilson R. Huhn

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    The State of State Legislatures: An Overview, Alan Rosenthal

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    The Strange Case of American Civil Procedure and the Missing Uniform Discovery Time Limits, John Burritt McArthur

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    The Strangest Attack Yet on Law and Economics, Richard A. Posner

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    The Struggle For Human Rights, Harry Wu

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    The "Substantially Younger" Requirement in O'Conner v. Consolidated Coin Caterers Corp.: Will ADEA Plaintiffs Lose Again?, Kurt Schaub

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    The Supreme Court, Race, and the Class Struggle, Thomas Kleven

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    The Supreme Court Will Not Overrule Roe v. Wade, Robert A. Sedler

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    The Suspension of the Davis Bacon Act and the Exploitation of Migrant Workers in the Wake of Hurricane Katrina, Haley E. Olam and Erin S. Stamper

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    The "Third Option": Extending the Lesser Included Offense Doctrine to the Non-Capital Context, Deanna Hall

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    The Threat to Judicial Independence by Criticism of Judges - A Proposed Solution to the Real Problem, Monroe H. Freedman

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    The Tort of Intentional Infliction of Emotional Distress in the Private Employment Sector, Frank J. Cavico

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    The Torture Memos: The Conflict Between a Shift in U.S. Policy Towards a Condemnation of Human Rights and International Prohibitions Against the Use of Torture, Jonathan Canfield

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    The Treatment of Preliminary Issues of Fact in Conspiracy Litigations: Putting the Conspiracy Back into the Coconspirator Rule, Lawrence W. Kessler

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    The Treaty Power and National Foreign Policy as Vehicles for the Enforcement of Human Rights in the United States, Covey T. Oliver

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    The Triage Trilemma, Steven Lubet

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    The Troubles with Law and Economics, Leonard R. Jaffee

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    The Trusteeship of Legal Rulemaking, Edward S. Adams and Richard A. Saliterman

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    The Twilight of Capitalism. By Michael Harrington, Elliott M. Abramson

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    The Twilight of Organizational Form for Charity: Musings on Norman Silber, A Corporate Form of Freedom: The Emergence of the Modern Nonprofit Sector, Evelyn Brody

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    The "Undifferentiating Libido": A Need for Federal Legislation to Prohibit Sexual Harassment by a Bisexual Sexual Harasser, Robin Applebaum

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    The Uneasy Decriminalization: A Perspective on Dutch Drug Policy, Henk Jan van Vliet

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    The Uniform Collaborative Law Act and Intimate Partner Violence: A Roadmap for Collaborative (and Non-Collaborative) Lawyers, Nancy Ver Steegh

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    The Uniform Collaborative Law Act as a Teaching Tool, Harry L. Tindall and Jennie R. Smith

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    The Uniform Collaborative Law Act's Contribution to Informed Client Decision Making in Choosing a Dispute Resolution Process, Forrest S. Mosten and John Lande

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    The Uniform New Payments Code: The Essential Identity of "Pay" Orders and "Draw" Orders, Fairfax Leary Jr. and J. Stephen Pitcairn

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    The United States, Pakistan, the Law of War and the Legality of the Drone Attacks, Kurt Larson and Zachary Malamud

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    The United States Supreme Court Resolves the Effect of Disability Benefit Claims upon Americans with Disabilities Act Complaints in Cleveland v. Policy Management Systems Corporation, Christine Neylon O'Brien

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    The Urban Predicament. Edited by William Gorham & Nathan Glazer, Herman D. Hillman

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    The Use of Behavioral Research in Products Liability Litigation, Elizabeth Block

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    The Use of MacKinnon's Dominance Feminism to Evaluate and Effectuate the Advancement of Women Lawyers as Leaders Within Large Law Firms, Amanda J. Albert

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    The Use of Videotaped Testimony of Victims in Cases Involving Child Sexual Abuse: A Constitutional Dilemma, Deborah Clark-Weintraub

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    The Use of Written Direct Testimony in Jury Trials: A Proposal, Abraham P. Ordover

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    The Use (or Abuse) of Expert Witnesses in Post-Daubert Employment Litigation, Bruce D. Black

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    The Uses and Misuses of Statistical Proof in Age Discrimination Claims, Tom Tinkham

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    The Utilitarian Imperative: Autonomy, Reciprocity, and Evolution, Leonard G. Ratner

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    The Vast Injustice Perpetuated by State and Local Tax Policy, Susan Pace Hamill

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    The Viability of the Collective Bargaining Process: Corporate Transformations as Unchanneled Bargaining Power, James B. Zimarowski

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    The Views of "Charterists" and "Skeptics" on Human Rights in the World Legal Order: Two Wrongs Don't Make a Right, Lowell F. Schechter

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    The Visual Artists Rights Act: Federal Versus State Moral Rights, Brett Sirota

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    The Visual Artists' Rights Act of 1990: Why Moral Rights Cannot Be Protected Under the United States Constitution, Eric E. Bensen

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    The Whistleblower Provision of Sarbanes-Oxley: Discerning the Scope of "Protected Activity", Robert P. Riordan and Leslie E. Wood

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    The Winds of Change: New Styles in the Appellate Process, The Honorable James D. Hopkins

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    The World Health Organization's Framework Convention on Tobacco Control, Free Trade and the American Example, Alicia M. Bartkowski

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    They Asked For More: Noncriminal Procedural Due Process, Renee G. Mayer

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    They Killed Her for Going out with Boys: Honor Killings in Turkey in Light of Turkey's Accession to the European Union and Lessons for Iraq, Rebecca E. Boon

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    The Zeal Shortage, Anita Bernstein

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    Think Before You Click: Online Anonymity Does Not Make Defamation Legal, Orit Goldring and Antonia L. Hamblin

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    "Thinking Like a Lawyer" About Ethical Questions, William H. Simon

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    "Thinking Like a Lawyer" or Acting Like a Judge?: A Response to Professor Simon, David N. Yellen

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    "Thinking Within the Box": How Proof Models are Used to Limit the Scope of Sexual Harassment Law, Cheryl L. Anderson

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    Third-Party Sexual Harassment in the Workplace: An Examination of Client Control, David S. Warner

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    Third-Party Tortfeasors' Rights Where Compensation-Covered Employers are Negligent-Where Do Dole and Sunspan Lead?, Clifford Davis

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    Those Unpublished Opinions: An Appropriate Expedience or an Abdication of Responsibility?, Lawrence J. Fox

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    Three Essays on Character and Credibility Under the Federal Rules of Evidence, Irving Younger

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    Three Might-Have-Beens: A Reaction to the Symposium on Allstate Insurance Co. v. Hague, Andreas F. Lowenfeld

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    Three Theories of Substantive Fairness, F. H. Buckley

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    Time for a Change: Why the FDA Should Require Greater Disclosure of Differences of Opinions on the Safety and Efficacy of Approved Drugs, Karen Baswell

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    Timing Controversial Decisions, Cass R. Sunstein

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    Timothy's Law: Introducing New York to Mental Health Parity, Desiree Busching and Simon Kapochunas

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    Title IV's "Never Never Land" When and How Victorious Insurgents are to be Installed in Union Office, Arthur L. Fox II

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    Title VII and Competitive Testing, James M. Conway

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    Title VII at Forty: A Brief Look at the Birth, Death, and Resurrection of the Disparate Impact Theory of Discrimination, Robert Belton

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    Title VII v. Seniority Based on Layoffs: A Question of Who Goes First, Harry H. Rains

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    To Attain "The Just Rewards of So Much Struggle": Local-Resident Equity Participation in Urban Revitalization, Barbara L. Bezdek

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    To Gain the Whole World and Lose His Own Soul: Nineteenth-Century American Dueling as Public Law and Private Code, Alison L. LaCroix

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    To Insure Domestic Tranquility: The Establishment Clause of the First Amendment, Joel H. Swift

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    To Legislate or to Arbitrate: An Analysis of U.S. Foreign Investment Policy After FINSA and the Benefits of International Arbitration, Brian J. Farrar

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    Tort Law: Expanding the Scope of Recovery Without Loss of Jury Control, David A. Fischer

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    Tort Reform: The Problem of the Missing Tsar, Marshall S. Shapo

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    Tort Triad: Slumbering Sentinels, Vicious Assailants, and Victims Variously Vigilant, William K. Jones

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    To Speak or Not to Speak: Musings on Judicial Silence, Nancy Gertner

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    To the Bar Exam

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    Toward Abandoning Organized Professionalism, Thomas D. Morgan

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    Toward a New Paradigm of Labor Arbitration in the Federal Courts, Charles J. Coleman and Gerald C. Coleman

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    Toward Equal Regard for Marriages and Other Imperfect Intimate Affiliations, Judith Stacey

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    Towards a Human Rights Theory of Criminal Law: A Humanistic Perspective, John Delaney

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    Trademarked Goods and Their Gray Market Equivalents: Should Product Differences Result in the Barring of Unauthorized Goods from the U.S. Markets?, Seth Lipner

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    Transformative Mediation in the USPS REDRESS Program: Observations of ADR Specialists, Lisa B. Bingham and Tina Nabatchi

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    Transforming Conflict Interactions in the Workplace: Documented Effects of the USPS REDRESS Program, James R. Antes, Joseph P. Folger Ph.D., and Dorothy J. Della Noce

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    Transforming Workplace Culture Through Mediation: Lessons Learned from Swimming Upstream, Cynthia J. Hallberlin

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    Transportation Management: The Validation of Wright Line, Peter G. Albert

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    Trial By Jury: The Constitutional Right to a Jury of Twelve in Civil Trials, Richard S. Arnold

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    Tribute to Professor John J. Regan, Michael Gilfix

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    Trusting Mothers: A Critique of the American Law Institute's Treatment of De Facto Parents, Robin Fretwell Wilson

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    Truth or Conseqences in Legal Scholarship?, David Barnhizer

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    Trying to Give Private Sector Employees a Break: Congress's Efforts to Amend the Fair Labor Standards Act, Shawn D. Vance

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    Turning Away from Islam in Iraq: A Conjecture as to How the New Iraq Will Treat Muslim Apostates, Timothy G. Burroughs

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    Twenty-Years of Diminishing Protection: A Proposal to Return to the Wade Trilogy's Standards, David E. Paseltiner

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    Two Kinds of Legal Efficiency, Gordon Tullock

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    Two Models of Human Cloning, John A. Robertson

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    UAW v. Johnson Controls: A Final Word on Fetal Protection Policies and Their Effect on Women's Rights in Today's Economy, Andrew Evan Bernstein

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    Ubiquitous Detailman: An Inquiry Into His Functions and Activities and the Laws Relating to Them

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    Unauthorized Pop-Up Advertising and the Copyright and Unfair Competition Implications, Michael A. Leon

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    Unbundling Marriage, James Herbie DiFonzo

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    Uncertainty as a Basis for Standing, Daniel A. Farber

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    "Uncle Sam", the Product Safety Man: Consumer Product Safety Standards in the Marketplace and in the Courts, James A. Brodsky and Marsha N. Cohen

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    Understanding Defense-Initiated Victim Outreach and Why It Is Essential in Defending a Capital Client, Mickell Branham and Richard Burr

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    Understanding Women's Responses to Domestic Violence: A Redefinition of Battered Woman Syndrome, Mary Ann Dutton

    PDF

    Undignified in Defeat: An Analysis of the Stagnation and Demise of Proposed Legislation Limiting Video Surveillance in the Workplace and Suggestions for Change, Alexandra Fiore and Matthew Weinick

    PDF

    Unethical Obedience by Subordinate Attorneys: Lessons from Social Psychology, Andrew M. Perlman

    PDF

    Uniform Collaborative Law Act, National Conference of Commissioners on Uniform State Laws

    PDF

    Unilateral-Modification Provisions in Employment Arbitration Agreements, Michael L. DeMichele and Richard A. Bales

    PDF

    Union Access to Private Property: A Critical Assessment of Lechmere, Inc. v. NLRB, Robert A. Gorman

    PDF

    Union Organizing After Lechmere, Inc. v. NLRB - A Time to Reexamine the Rule of Babcock & Wilcox, Alan L. Zmija

    PDF

    Unique Customs and Practices of the Second Circuit, Wilfred Feinberg

    PDF

    United States - Canadian Insolvencies: Reviewing Conflicting Legal Mechanisms, Challenges and Opportunities for Cross-Border Cooperation, Edward T. Canuel

    PDF

    United States-European Union Dispute on Foreign Source Income, Export Activity, and the Extraterritorial Income Exclusion Act, Colleen Klanchnik

    PDF

    United States-European Union Dispute on Foreign Source Income, Export Activity, and the Extraterritorial Income Exclusion Act, Colleen Klanchnik

    PDF

    United States Regulation of Stem Cell Research: Recasting Government's Role and Questions to Be Resolved, Owen C.B. Hughes, Alan L. Jakimo, and Michael J. Malinowski

    PDF

    United States v. Hale, James R. Freeswick

    PDF

    United States v. Ives, Mark M. Horowitz

    PDF

    United States v. MacDonald: The Exigent Circumstances Exception and the Erosion of the Fourth Amendment, Amy B. Beller

    PDF

    United States v. Schwarz, Michael H. Berns

    PDF

    Unjust Justice in Parallel Proceedings: Preventing Circumvention of Criminal Discovery Rules, Randy S. Eckers

    PDF

    Urowsky v. Board of Regents, Doria Saletsky

    PDF

    Use, Liability, and the Structure of Trademark Law, Uli Widmaier

    PDF

    Using Excess IVF Blastocysts for Embryonic Stem Cell Research: Developing Ethical Doctrine, Secular and Religious, Gerard Magill

    PDF

    Using Local Knowledge to Shrink the Individual Carbon Footprint, Katrina Fischer Kuh

    PDF

    Using the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty Cases to Change the Picture in Post-Conviction, Mark E. Olive and Russell Stetler

    PDF

    US Regulatory and Tax Considerations for Offshore Funds, Mark H. Barth and Marco Blanco

    PDF

    Utilization of the Disclaimer as an Effective Means to Define the Employment Relationship, Michael A. Chagares

    PDF

    Value Judgments in Arbitration: A Case Study of Saul Wallen. By Brook I. Landis, Eric J. Schmertz and Josef P. Sirefman

    PDF

    Veterans Speak Out: A Collection of Essays from the Documenting Courage Project, Phil Adams, Sharon E. Debbage Alexander, Patricia Baillie, Laura Ballard, Jeff Cleghorn, and Nick Marulli

    PDF

    Veterinary Practice Acts: A Call for Reform, Donald L. Sapir

    PDF

    Viable Protection Mechanisms for Lenders Against Hazardous Waste Liability, Laura E. Peck

    PDF

    Victims of Abuse and Discrimination: Protecting Battered Homosexuals Under Domestic Violence Legislation, Pamela M. Jablow

    PDF

    Viewing Television Violence Does Not Make People More Aggressive, Jonathan L. Freedman

    PDF

    Void Agreements, Knocked-Out Terms, and Blue Pencils: Judicial and Legislative Handling of Unreasonable Terms in Noncompete Agreements, Kenneth R. Swift

    PDF

    Volume 1, Eric J. Schmertz and Poletti, Freidin, Prasher & Gartner

    PDF

    Volume 2, Eric J. Schmertz and Poletti, Freidin, Prasher & Gartner

    PDF

    Volume 3, Eric J. Schmertz and Poletti, Freidin, Prasher & Gartner

    PDF

    Volume II 1968-1969, Poletti, Freidin, Prashker & Gartner

    PDF

    Volume II 1970-1979, Poletti, Freidin, Prashker & Gartner and Eric J. Schmertz

    PDF

    Volume II 1980-1984, Poletti, Freidin, Prashker & Gartner

    PDF

    Volume III 1985-1989, Eric J. Schmertz and Poletti, Freidin,, Prashker & Gartner

    PDF

    Volume III 1990-1995, Eric J. Schmertz and Poletti, Freidin,, Prashker & Gartner

    PDF

    Volume III Table of Contents, Eric J. Schmertz and Poletti, Freidin, Prashker & Gartner

    PDF

    Walters v. Hiab Hydraulics, Inc. and W.D. Rubright Co. v. International Harvester Co.: Contributions in Products Liability Cases

    PDF

    Wards Cove Packing Co. v. Atonio: The Supreme Court's Disparate Treatment of the Disparate Impact Doctrine, Niall A. Paul

    PDF

    Was Prosser's Folly Also Traynor's? or Should the Judge's Monument be Moved to a Firmer Site?, Reed Dickerson

    PDF

    Weight-Based Discrimination and the Americans With Disabilities Act: Is There an End In Sight?, Jeffrey Garcia

    PDF

    Weinberger v. Wiesenfeld, Brian M. Asserson

    PDF

    Weingarten and the Taylor Law - A Claimed Difference Without Distinction, Anthony R. Baldwin

    PDF

    "We'll Know It When We Can't Hear It": A Call for a Non-Pornography Test Approach to Recognizing Non-Public Information, J. Scott Colesanti

    PDF

    What Does Intent Mean?, David Crump

    PDF

    What Goes Up Must Come Down: Grounding the Dizzying Height of Vertical Mergers in the Entertainment Industry, Patrick M. Cox

    PDF

    What is the Constitutional Solution?, William Abbott

    PDF

    What Lawyers, What Edge?, Michael E. Tigar

    PDF

    What Needs Fixing?: "So Obvious, and So Easily Done", Burnele V. Powell

    PDF

    What's in a Name? - The Tale of Louis Wolfson's Affirmed, Alan M. Weinberger

    PDF

    What's So Civil About Civil Commitment?: Balancing the State's Interest in Treating Substance Dependence with the Protection of Individual Liberty Interests, Rebecca L. Abensur

    PDF

    What the Law Should (And Should Not) Learn from Child Development Research, Emily Buss

    PDF

    When a Claim Arises Under the Bankruptcy Code, Robert J. Scott

    PDF

    When Every Vote Counts: 5-4 Decisions in the United States Supreme Court, 1900-90, Robert E. Riggs

    PDF

    When Harry Met Larry and Larry Got Sick: Why Same-Sex Families Should be Entitled Benefits Under the Family and Medical Leave Act, Alana M. Bell and Tamar Miller

    PDF

    When Lawyers Represent Their Adversaries: Conflicts of Interest Arising Out of the Lawyer-Lawyer Relationship, Steven C. Krane

    PDF

    When Life Depends on It: Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty Cases, Sean D. O'Brien

    PDF

    When the Court Makes Law and Policy (With Special Reference to the Employment Arbitration Issue), Ronald Tucker

    PDF

    When the Sleeper Wakes: Reflections on Corporate Governance and Shareholder Rights, J.A.C. Hetherington

    PDF

    When Winning Isn't Everything: The Lawyer as Problem Solver, Carrie J. Menkel-Meadow

    PDF

    Where Are We Going, and Where Should We Be in Ten Years?, Jonathan Barry Forman

    PDF

    Where Are We Now?: Life After Electromation, Rafael Gely

    PDF

    Whistleblowers: Corporate Anarchists or Heroes? Towards a Judicial Perspective, David Culp

    PDF

    Whistler's Nocturne in Black and Gold-the Falling Rocket: Why the Sarbanes-Oxley Whistleblower Provision Falls Short of the Mark, John B. Chiara and Michael D. Orenstein

    PDF

    Whither the Limited-Purpose Public Figure?, Rona Klein

    PDF

    Who Controls the Attorney-Client Privilege in Bankruptcy?, Neil E. Herman

    PDF

    Who is the Parent in Cloning?, Nanette Elster

    PDF

    Who May Leave: A Review of Soviet Practice Restricting Emigration on Grounds of Knowledge of "State Secrets" in Comparison with Standards of International Law and the Policies of Other States, Jeffrey Barist, Owen C. Pell, Eugenia Oshman, and Matthew E. Hamel

    PDF

    Who's Afraid of Constitutional Limitations on Choice of Law?, Russell J. Weintraub

    PDF

    Whose Work is it Anyway?: Revisiting Community for Creative Non-Violence v. Reid in Defining the Employer-Employee Relationship Under the "Work Made For Hire" Doctrine, Corey L. Wishner

    PDF

    Who's Minding Your Business? Preliminary Observations on Data and Anecdotes Collected on the Role of Institutional Investors in Corporate Governance, Jayne Elizabeth Zanglein

    PDF

    Who's Your Daddy? A Proposal for Paid Family Leave to Promote the Growth of Families, Ashleigh Garvey and Claire Mitchell

    PDF

    Why an Independent Appointing Authority Is Necessary to Choose Counsel for Indigent People in Capital Punishment Cases, Ronald J. Tabak

    PDF

    Why Creative Judging Won't Save the Products Liability System, James A. Henderson Jr.

    PDF

    Why DOMA and Not ENDA?: A Review of Recent Federal Hostility to Expand Employment Rights and Protection Beyond Traditional Notions, Pat P. Putignano

    PDF

    Why Efficiency? - A Response to Professors Calabresi and Posner, Ronald Dworkin

    PDF

    Why Progressives Lost the War When They Lost the Draft, Diane H. Mazur

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    Why Punitive Damages Should be Awarded for Retaliatory Discharge Under the Fair Labor Standards Act, Carol Abdelmesseh and Deanne M. DiBlasi

    PDF

    Why the EEOC (Still) Matters, Anne Noel Occhialino and Daniel Vail

    PDF

    Why there Should be a Duty to Mitigate Liquidated Damages Clauses, Lisa A. Fortin

    PDF

    Why We Need a Federal Reporter's Privilege, Geoffrey R. Stone

    PDF

    "Wide Open": Nevada's Innovative Market in Partnership Law, Allan W. Vestal

    PDF

    Will Kindness Kill Contract?, Douglas K. Newell

    PDF

    Will the Gentlemen Please Yield? A Defense of the Constitutionality of State-Imposed Term Limitations, Neil Gorsuch and Michael Guzman

    PDF

    Winds of Change are Blowing from the Obama NLRB, J. Michael Lightner

    PDF

    With All Due Deference: Judicial Responsibility in a Time of Crisis, Hon. Shira A. Scheindlin and Matthew L. Schwartz

    PDF

    With All Due Deference: Judicial Responsibility in a Time of Crisis, Shira A. Scheindlin and Matthew L. Schwartz

    PDF

    Women Denied Partnerships: from Hishon to Price Waterhouse v. Hopkins, Gerald A. Madek and Christine Neylon O'Brien

    PDF

    Women Denied Partnerships Revisited: A Response to Professors Madek and O'Brien, David R. Wade

    PDF

    Worker Participation, Employer Anti-Unionism, and Labor Law: the Case of the Steel Industry, 1918-1937, Raymond L. Hogler

    PDF

    Workers' Compensation and Sexual Harassment in the Workplace: A Remedy for Employees, Or a Shield for Employers?, Ruth C. Vance

    PDF

    Workplace Harassment: A Proposal for a Bright Line Test Consistent with the First Amendment, Debra D. Burke

    PDF

    Workplace Mythologies and Unemployment Insurance: Exit, Voice and Exhausting All Reasonable Alternatives to Quitting, Deborah Maranville

    PDF

    World Refugee Assistance: The Role of International Law and Institutions, Ved P. Nanda

    PDF

    You Are Living in a Gold Rush, Richard Delgado

    PDF

    You Can't Choose Your Parents: Why Children Raised by Same-Sex Couples Are Entitled to Inheritance Rights from Both Their Parents, Carissa R. Trast

    PDF

    You Can't Take it with You: An Examination of Employee Benefit Portability and its Relationship to Job Lock and the New Psychological Contract, Katherine Elizabeth Ulrich

    PDF

    Your Death: The Royal Flush of Wall Street's Gamble, Ariella Gasner

    PDF

    Zapata Corp. v. Maldonado, Mitchell A. Sabshon

    PDF

    Zeal and Frivolity: The Ethical Duty of the Appellate Advocate to Tell the Truth About the Law, H. Richard Uviller

    PDF

    Zoning, Adult Movie Theatres and the First Amendment: An Approach to Young v. American Mini Theatres, Inc., Scott M. Himes

 
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