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Articles 541 - 562 of 562
Full-Text Articles in Law
Justice, Mercy, And Craziness, Stephen J. Morse
Justice, Mercy, And Craziness, Stephen J. Morse
All Faculty Scholarship
No abstract provided.
Judge Friendly's Contributions To Securities Law And Criminal Procedure: "Moderation Is All", Frank Goodman
Judge Friendly's Contributions To Securities Law And Criminal Procedure: "Moderation Is All", Frank Goodman
All Faculty Scholarship
No abstract provided.
Criminal Liability For Omissions: A Brief Summary And Critique Of The Law In The United States, Paul H. Robinson
Criminal Liability For Omissions: A Brief Summary And Critique Of The Law In The United States, Paul H. Robinson
All Faculty Scholarship
Criminal liability for an omission is imposed in two distinct situations. First, such liability is often imposed explicitly in offense definitions that punish a failure to perform certain conduct. For example, it is an offense to fail to file a tax return. Second, it is also common for a general provision, apart from an offense definition, to create omission liability for an offense defined in commission terms. Parents, for example, are generally given the legal duty to care for their children. A parent may be held liable for criminal homicide, then, where death results from a failure to perform this …
The Economics And Jurisprudence Of Convertible Bonds, William W. Bratton
The Economics And Jurisprudence Of Convertible Bonds, William W. Bratton
All Faculty Scholarship
Professor Bratton examines judicial regulation of issuer-bondholder conflicts of interest within three different, but closely related doctrinal frameworks: neoclassical contract interpretation; contract avoidance; and corporate law fiduciary restraint. After discussing the elements of convertible bond valuation and their interaction with issuer actions giving rise to conflicts of interest, he evaluates the case for judicial intervention to protect bondholder interests. He concludes that ·bondholder protective intervention is fair and tolerably efficient, provided it is kept within the bounds of contract interpretation. But he finds that more aggressive judicial intervention under the frameworks of contract avoidance and fiduciary restraint carries an unnecessary …
Collins Seitz: A Noble Career, Stephen B. Burbank
Collins Seitz: A Noble Career, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Remembering Ed Sparer, Howard Lesnick
The Insurance Classification Controversy, Regina Austin
The Insurance Classification Controversy, Regina Austin
All Faculty Scholarship
No abstract provided.
Procedural Rulemaking Under The Judicial Councils Reform And Judicial Conduct And Disability Act Of 1980, Stephen B. Burbank
Procedural Rulemaking Under The Judicial Councils Reform And Judicial Conduct And Disability Act Of 1980, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
The Rules Enabling Act Of 1934, Stephen B. Burbank
The Rules Enabling Act Of 1934, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Structure Of Labor Relations, Howard Lesnick
Structure Of Labor Relations, Howard Lesnick
All Faculty Scholarship
No abstract provided.
A Preference For Liberty: The Case Against Involuntary Commitment Of The Mentally Disordered, Stephen J. Morse
A Preference For Liberty: The Case Against Involuntary Commitment Of The Mentally Disordered, Stephen J. Morse
All Faculty Scholarship
No abstract provided.
Failed Explanations And Criminal Responsibility: Experts And The Unconscious, Stephen J. Morse
Failed Explanations And Criminal Responsibility: Experts And The Unconscious, Stephen J. Morse
All Faculty Scholarship
No abstract provided.
Reassessing Law Schooling: The Sterling Forest Group, Howard Lesnick
Reassessing Law Schooling: The Sterling Forest Group, Howard Lesnick
All Faculty Scholarship
No abstract provided.
Crazy Behavior, Morals, And Science: An Analysis Of Mental Health Law, Stephen J. Morse
Crazy Behavior, Morals, And Science: An Analysis Of Mental Health Law, Stephen J. Morse
All Faculty Scholarship
No abstract provided.
An Historical Perspective On The Attorney-Client Privilege, Geoffrey C. Hazard Jr.
An Historical Perspective On The Attorney-Client Privilege, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
The Twilight Of Welfare Criminology, Stephen J. Morse
The Twilight Of Welfare Criminology, Stephen J. Morse
All Faculty Scholarship
No abstract provided.
The Twilight Of Welfare Criminology: A Final Word, Stephen J. Morse
The Twilight Of Welfare Criminology: A Final Word, Stephen J. Morse
All Faculty Scholarship
No abstract provided.
Judicial Review Of Federal Administrative Action: Quest For The Optimum Forum, David P. Currie, Frank I. Goodman
Judicial Review Of Federal Administrative Action: Quest For The Optimum Forum, David P. Currie, Frank I. Goodman
All Faculty Scholarship
Professors Currie and Goodman present a comprehensive analysis of the variables that must be isolated and weighed in determining the optimum forum for judicial review of administrative action. While the backdrop for this study is the caseload crisis presently confronting the federal courts of appeals, their discussion illuminates the requsites for optimum judicial review generally.
Failing to perceive any compelling reason to single out administrative cases for review (in separate courts, the authors argue against the creation of special administrative appeals courts. Even if such courts were to enjoy broad subject matter jurisdiction over the most demanding aspects of the …
Note, The Preemption Doctrine: Shifting Perspectives On Federalism And The Burger Court, William W. Bratton
Note, The Preemption Doctrine: Shifting Perspectives On Federalism And The Burger Court, William W. Bratton
All Faculty Scholarship
No abstract provided.
De Facto School Segregation: A Constitutional And Empirical Analysis, Frank I. Goodman
De Facto School Segregation: A Constitutional And Empirical Analysis, Frank I. Goodman
All Faculty Scholarship
No abstract provided.
An Historical And Critical Analysis Of Interpleader, Geoffrey C. Hazard Jr., Myron Moskovitz
An Historical And Critical Analysis Of Interpleader, Geoffrey C. Hazard Jr., Myron Moskovitz
All Faculty Scholarship
No abstract provided.
Insanity As A Defense: The Bifurcated Trial, David W. Louisell, Geoffrey Hazard
Insanity As A Defense: The Bifurcated Trial, David W. Louisell, Geoffrey Hazard
All Faculty Scholarship
No abstract provided.