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Fairness and Farmland Preservation: A Response to Professor Richardson
(2005)
In a recent article published in this Journal, Professor Jesse Richardson attempted to refute the arguments proposed by myself and others that support the fairness of downzoning land without compensation to property owners. ...
Nonparty Insurers in Federal Civil Actions: The Need For New Written Civil Procedure Laws
(2003)
Written laws guiding civil actions in the federal district courts chiefly address the presentation, preparation and resolution of claims involving parties. However, the courts often also consider claims involving non-parties ...
Designating Male Parents at Birth
(1993)
It is becoming increasingly difficult to determine the legal parentage of newborns and infants. Although it may be clear who bore a child, whose sperm was involved in conception, to whom a new mother was married at the ...
Old-Fashioned Pregnancy, Newly-Fashioned Paternity
(2003)
This paper explores contemporary American laws on paternity as of the time of the live birth of a child conceived through sexual intercourse. In doing so it necessarily examines the roles of biological ties in all ...
The Legal Status of the Unborn After Webster
(1990)
The recent U.S. Supreme Court decision in Webster v. Reproductive Health Services, as well as recent advances in our understanding of human reproduction, has prompted new dialogue on the legal status of the unborn and on ...
Respecting State Judicial Articles
(1990)
Differences in the establishment and empowerment of American judicial systems should trigger variations in the ways in which cases are handled and law is practiced. Such differences are found in the sections of state ...
Burnout Doesn't Frighten Me
(Legal Writing Institute, 2021-03)
This past semester we all taught during an unprecedented worst-case scenario, moving our courses online at the literal drop of a hat. Although I know my experience is not unique, from March to the end of the semester in ...
Admissions in SEC Enforcement Cases: The Revolution That Wasn't
(University of Iowa Law Review, 2017)
In 2013, the SEC departed from its long-standing policy of settling enforcement matters on a no-admit/no-deny basis, and for the first time began to require admissions when settling certain cases. The new admissions policy ...
Environmental Gentrification
(University of Colorado School of Law, 2019)
Gentrification is a term often used, much maligned, and difficult to define. A few general principles can nonetheless be distilled regarding the concept. First, gentrification is spurred by rising desirability of an area ...
Home Rule in an Era of Local Environmental Innovation
(Berkeley Law School, University of California, 2017)
As 2016’s national election made clear, striking ideological differences between cities and their surrounding states exist in many parts of the country. One way in which this divide manifests itself is in state governments ...