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Articles 1 - 30 of 54
Full-Text Articles in Arts and Humanities
The Modigliani-Miller Theorem At 60: The Long-Overlooked Legal Applications Of Finance’S Foundational Theorem, Michael S. Knoll
The Modigliani-Miller Theorem At 60: The Long-Overlooked Legal Applications Of Finance’S Foundational Theorem, Michael S. Knoll
All Faculty Scholarship
2018 marks the 60th anniversary of the publication of Franco Modigliani and Merton Miller’s The Cost of Capital, Corporation Finance, and the Theory of Investment. Widely hailed as the foundation of modern finance, their article, which purports to demonstrate that a firm’s value is independent of its capital structure, is little known by lawyers, including legal academics. That is unfortunate because the Modigliani-Miller capital structure irrelevancy proposition (when inverted) provides a framework that can be extremely useful to legal academics, practicing attorneys and judges.
In Memorium: Bernard Wolfman, Michael A. Fitts
In Memorium: Bernard Wolfman, Michael A. Fitts
All Faculty Scholarship
No abstract provided.
What Will Our Future Look Like And How Will We Respond?, Michael A. Fitts
What Will Our Future Look Like And How Will We Respond?, Michael A. Fitts
All Faculty Scholarship
No abstract provided.
Advocacy Revalued, Geoffrey C. Hazard Jr., Dana A. Remus
Advocacy Revalued, Geoffrey C. Hazard Jr., Dana A. Remus
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A central and ongoing debate among legal ethics scholars addresses the moral positioning of adversarial advocacy. Most participants in this debate focus on the structure of our legal system and the constituent role of the lawyer-advocate. Many are highly critical, arguing that the core structure of adversarial advocacy is the root cause of many instances of lawyer misconduct. In this Article, we argue that these scholars’ focuses are misguided. Through reflection on Aristotle’s treatise, Rhetoric, we defend advocacy in our legal system’s litigation process as ethically positive and as pivotal to fair and effective dispute resolution. We recognize that advocacy …
Mental Disorders And The "System Of Judgmental Responsibility", Anita L. Allen
Mental Disorders And The "System Of Judgmental Responsibility", Anita L. Allen
All Faculty Scholarship
No abstract provided.
Toward A Revised 4.2 No-Contact Rule, Geoffrey C. Hazard Jr.
Toward A Revised 4.2 No-Contact Rule, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Legal And Managerial "Cultures" In Corporate Representation, Geoffrey C. Hazard Jr.
Legal And Managerial "Cultures" In Corporate Representation, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Contrived Defenses And Deterrent Threats: Two Facets Of One Problem, Claire Oakes Finkelstein, Leo Katz
Contrived Defenses And Deterrent Threats: Two Facets Of One Problem, Claire Oakes Finkelstein, Leo Katz
All Faculty Scholarship
What relation do the various parts of a plan bear to the overall aim of the plan? In this essay we consider this question in the context of two very different problems in the criminal law. The first, known in the German criminal law literature as the Actio Libera in Causa, involves defendants who contrive to commit crimes under conditions that would normally afford them a justification or excuse. The question is whether such defendants should be allowed to claim the defense when the defense is itself either contrived or anticipated in advance. The second is what we call the …
The Practice Of Teaching, The Practice Of Law: What Does It Mean To Practice Responsibly?, Howard Lesnick
The Practice Of Teaching, The Practice Of Law: What Does It Mean To Practice Responsibly?, Howard Lesnick
All Faculty Scholarship
No abstract provided.
The Consciousness Of Religion And The Consciousness Of Law, With Some Implications For Dialogue, Howard Lesnick
The Consciousness Of Religion And The Consciousness Of Law, With Some Implications For Dialogue, Howard Lesnick
All Faculty Scholarship
No abstract provided.
Moralizing In Public, Anita L. Allen
The "Bad Man" Goes To Washington: The Effect Of Political Influence On Corporate Duty, Jill E. Fisch
The "Bad Man" Goes To Washington: The Effect Of Political Influence On Corporate Duty, Jill E. Fisch
All Faculty Scholarship
No abstract provided.
Rhetoric Of Disputes In The Courts, The Media, And The Legislature, Geoffrey C. Hazard Jr.
Rhetoric Of Disputes In The Courts, The Media, And The Legislature, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Responsibilities Of Judges And Advocates In Civil And Common Law: Some Lingering Misconceptions Concerning Civil Lawsuits, Geoffrey C. Hazard Jr., Angelo Dondi
Responsibilities Of Judges And Advocates In Civil And Common Law: Some Lingering Misconceptions Concerning Civil Lawsuits, Geoffrey C. Hazard Jr., Angelo Dondi
All Faculty Scholarship
No abstract provided.
Alternative Career Resolution Ii: Changing The Tenure Of Supreme Court Justices, Stephen B. Burbank
Alternative Career Resolution Ii: Changing The Tenure Of Supreme Court Justices, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Imputed Conflicts Of Interest In International Law Practice, Geoffrey C. Hazard Jr.
Imputed Conflicts Of Interest In International Law Practice, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Advertising And Intermediaries In Provision Of Legal Services: Bates In Retrospect And Prospect, Geoffrey C. Hazard Jr.
Advertising And Intermediaries In Provision Of Legal Services: Bates In Retrospect And Prospect, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Law, Ethics And Mystery, Geoffrey C. Hazard Jr.
Law, Ethics And Mystery, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
"Lawyers For Lawyers": The Emerging Role Of Law Firm Legal Counsel, Geoffrey C. Hazard Jr.
"Lawyers For Lawyers": The Emerging Role Of Law Firm Legal Counsel, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Lawyer For The Situation, Geoffrey C. Hazard Jr.
Lawyer For The Situation, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Humanity And The Law, Geoffrey C. Hazard Jr.
Humanity And The Law, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
No Other Gods: Answering The Call Of Faith In The Practice Of Law, Howard Lesnick
No Other Gods: Answering The Call Of Faith In The Practice Of Law, Howard Lesnick
All Faculty Scholarship
No abstract provided.
The Implications Of Transition Theory For Stare Decisis, Jill E. Fisch
The Implications Of Transition Theory For Stare Decisis, Jill E. Fisch
All Faculty Scholarship
No abstract provided.
Law And Justice In The Twenty-First Century, Geoffrey C. Hazard Jr.
Law And Justice In The Twenty-First Century, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
The Lawyer As Confidence-Man, David A. Skeel Jr.
The Lawyer As Confidence-Man, David A. Skeel Jr.
All Faculty Scholarship
No abstract provided.
Equality And Affiliation As Bases Of Ethical Responsibility, Geoffrey C. Hazard Jr.
Equality And Affiliation As Bases Of Ethical Responsibility, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Changing Structure In The Practice Of Law, Geoffrey C. Hazard Jr.
Changing Structure In The Practice Of Law, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
The Complicated Ingredients Of Wisdom And Leadership, Michael A. Fitts
The Complicated Ingredients Of Wisdom And Leadership, Michael A. Fitts
All Faculty Scholarship
No abstract provided.
Speaking Truth To Powerlessness, Howard Lesnick
Speaking Truth To Powerlessness, Howard Lesnick
All Faculty Scholarship
No abstract provided.
The Architecture Of Judicial Independence, Stephen B. Burbank
The Architecture Of Judicial Independence, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.