Faculty Publications & Activities

1998

• Article

  Does State Arbitration Law Matter at All? Part II: A Continuing Role for State Law

  Alan S. Rau, Does State Arbitration Law Matter at All? Part II: A Continuing Role for State Law, ADR Currents, Dec. 1998, at 20. [Reprinted with Part I at 199, ADR & the Law (American Arbitration Association, 2000) and at 415, Handbook on Commercial Arbitration (American Arbitration Association, 2006)].
• Article

  Complex Litigation: Settlement Class at Issue in Ortiz Appeal

  Linda S. Mullenix, Federal Practice--Complex Litigation: Settlement Class at Issue in Ortiz Appeal, National Law Journal, Nov. 16, 1998, at B10.

• Article

  Special Exemptions? A Compelling Case Against 'Compelling State Interest'?

  Lawrence Sager, Special Exemptions? A Compelling Case Against 'Compelling State Interest'?, 93 Liberty 10 (November/December 1998).
• Article

  Complex Litigation: 5th Circuit Rejects Trial Plan for Asbestos Class

  Linda S. Mullenix, Federal Practice--Complex Litigation: 5th Circuit Rejects Trial Plan for Asbestos Class, National Law Journal, Sept. 21, 1998, at B6.

• Article

  Yale Should Censure Most Famous Grad

  Charles M. Silver, Yale Should Censure Most Famous Grad, National Law Journal, Sept. 14, 1998, at A21.
• Article

  Defending Categorical Exemptions to the Death Penalty: Reflections on the ABA's Resolutions Concerning the Execution of Juveniles and Persons With Mental Retardation

  Jordan M. Steiker, Carol S. Steiker. “Defending Categorical Exemptions to the Death Penalty: Reflections on the ABA's Resolutions Concerning the Execution of Juveniles and Persons With Mental Retardation.” In Law & Contemporary Problems, (Autumn 1998, at 89).
• Article

  Supreme Court Review: Court Preserves the Privileges of the Dead

  Linda S. Mullenix, Supreme Court Review: Court Preserves the Privileges of the Dead, National Law Journal, Aug. 10, 1998, at B13.

• Book

  Federal Income Taxation of Estates, Trusts, and Beneficiaries (3d ed.)

  Mark L. Ascher, Federal Income Taxation of Estates, Trusts, and Beneficiaries (New York: Aspen Law & Business, 3rd ed. 1998) (with M. Carr Ferguson & James J. Freeland).

• Article

  From Golden Years to Bankrupt Years

  Jay L. Westbrook, From Golden Years to Bankrupt Years, Norton Bankruptcy Law Adviser, July 1998, at 1 (with Teresa A. Sullivan & Elizabeth Warren).
• Article

  Just Blowing Smoke

  Charles M. Silver, Just Blowing Smoke, Texas Lawyer, June 8, 1998, at 32.
• Article

  Does State Arbitration Law Matter at All? Part I: Federal Preemption

  Alan S. Rau, Does State Arbitration Law Matter at All? Part I: Federal Preemption, ADR Currents, June 1998 at 19. [Reprinted with Part II at 199, ADR & the Law (American Arbitration Association, 2000) and at 415, Handbook on Commercial Arbitration (American Arbitration Association, 2006)].
• Article

  Stiffing of Lawyers a Payback for Donations to Opponents

  Charles M. Silver, Stiffing of Lawyers a Payback for Donations to Opponents, Fort Lauderdale Sun-Sentinel, May 11, 1998, at 9A.
• Article

  The Constitutional Regulation of Capital Punishment Since Furman v. Georgia

  Jordan M. Steiker, Carol S. Steiker. “The Constitutional Regulation of Capital Punishment Since Furman v. Georgia.” In 29 ST. MARY'S LAW JOURNAL, Page 971 (1998).
• Article

  Restructuring Post-Conviction Review of Federal Constitutional Claims Raised by State Prisoners: Confronting the New Face of Excessive Proceduralism

  Jordan M. Steiker, Restructuring Post-Conviction Review of Federal Constitutional Claims Raised by State Prisoners: Confronting the New Face of Excessive Proceduralism, 1998 UNIVERSITY OF CHICAGO LEGAL FORUM 315.

• Article

  Defending Categorical Exemptions to the Death Penalty: Reflections on the ABA's Resolutions Concerning the Execution of Juveniles and Persons With Mental Retardation

  Jordan M. Steiker, Carol S. Steiker, Defending Categorical Exemptions to the Death Penalty: Reflections on the ABA's Resolutions Concerning the Execution of Juveniles and Persons With Mental Retardation, LAW & CONTEMPORARY PROBLEMS, Autumn 1998, at 89 (with Carol S. Steiker).

• Article

  The $2.3 Billion Question: Ethical Thing to Do Is to Pay Lawyers

  Charles M. Silver, The $2.3 Billion Question: Ethical Thing to Do Is to Pay Lawyers, Austin American-Statesman, Feb. 7, 1998, at A15.
• Article

  Was the Price Right?

  Charles M. Silver, Was the Price Right?, Texas Lawyer, Feb. 2, 1998, at 22.
• Other Publication

  A Structural Revision of the Conflicts Restatement

  Louise Weinberg, A Structural Revision of the Conflicts Restatement (AALS Section on the Conflict of Laws, Washington, DC, January 4, 1998).
• Article

  I Cut, You Choose: The Role of Plaintiffs' Counsel in Allocating Settlement Proceeds

  Charles M. Silver, I Cut, You Choose: The Role of Plaintiffs' Counsel in Allocating Settlement Proceeds, 84 Virginia Law Review 1465 (1998) (with Lynn A. Baker).
• Article

  The Revival of States' Rights: A Progress Report and a Proposal

  Lynn A. Baker, The Revival of States' Rights: A Progress Report and a Proposal, 22 Harvard Journal of Law & Public Policy 95 (1998). View article