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Full-Text Articles in Law

The Morality Of Intimate Faculty-Student Relationships, Nicholas Dixon Dec 1997

The Morality Of Intimate Faculty-Student Relationships, Nicholas Dixon

Center for the Study of Ethics in Society Papers

Presented September 19, 1996 for the Center for the Study of Ethics in Society


Franchisor Environmental Liability For Previously Contaminated Property, Patrick J. Kaufmann, William S. Vincent Oct 1997

Franchisor Environmental Liability For Previously Contaminated Property, Patrick J. Kaufmann, William S. Vincent

Faculty and Research Publications

Environmental legislation has created potential liability for retailing franchisees that purchase previously contaminated land. Faced with a decision to distance itself from the site selection process or incur the added costs and potential pricing impacts of greater involvement in the process, franchisors have strong incentives to reduce franchisee support. This reduction in support has detrimental implications for both franchise policy and environmental policy. A paper reports the results of an empirical study that links franchisors' concerns about potential environmental liability to actions to distance themselves from the site selection process or, alternatively, formally to require franchisee environmental investigation of all …


Class Action Reform, Qui Tam, And The Role Of The Plaintiff, Jill E. Fisch Oct 1997

Class Action Reform, Qui Tam, And The Role Of The Plaintiff, Jill E. Fisch

All Faculty Scholarship

No abstract provided.


Privacy And Information Technology, Judith Wagner Decew Jun 1997

Privacy And Information Technology, Judith Wagner Decew

Center for the Study of Ethics in Society Papers

Presented March 17, 1997 for the Center for the Study of Ethics in Society


Regulating Sexually Oriented Businesses: The Regulatory Uncertainties Ofa "Regime Of Prohibition By Indirection" And The Obscenity Doctrine's Communal Solution, Daniel J. Mcdonald May 1997

Regulating Sexually Oriented Businesses: The Regulatory Uncertainties Ofa "Regime Of Prohibition By Indirection" And The Obscenity Doctrine's Communal Solution, Daniel J. Mcdonald

BYU Law Review

No abstract provided.


Relativism, Reflective Equilibrium, And Justice, Justin Schwartz Jan 1997

Relativism, Reflective Equilibrium, And Justice, Justin Schwartz

Justin Schwartz

THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS.

The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into …


Reinventing Government: The Promise Of Comparative Institutional Choice And Government Created Corporations, Nancy J. Knauer Jan 1997

Reinventing Government: The Promise Of Comparative Institutional Choice And Government Created Corporations, Nancy J. Knauer

Nancy J. Knauer

This Article focuses on a subset of private/public partnerships - those that involve relationships between the public sector and charitable organizations, specifically "government created charitable organizations" (GCCOs). For example, the first President Bush, known as the "Education President," championed the creation of the New American Schools Development Corporation (NASDC) as the cornerstone of his education policy. Designed as an independent charitable organization, the NASDC's proposed budget relied on private corporate contributions. In this way, the federal government could assert that it would fund its new educational program without increasing the federal bureaucracy, raising taxes, or cutting other budget items. To …


Dividends, Noncontractibility, And Corporate Law, William W. Bratton Jan 1997

Dividends, Noncontractibility, And Corporate Law, William W. Bratton

All Faculty Scholarship

No abstract provided.


Liberalized Immigration As Free Trade: Economic Welfare And The Optimal Immigration Policy, Howard F. Chang Jan 1997

Liberalized Immigration As Free Trade: Economic Welfare And The Optimal Immigration Policy, Howard F. Chang

All Faculty Scholarship

No abstract provided.


Taking Boards Seriously, Jill E. Fisch Jan 1997

Taking Boards Seriously, Jill E. Fisch

All Faculty Scholarship

No abstract provided.


Class Action Reform: Lessons From Securities Litigation, Jill E. Fisch Jan 1997

Class Action Reform: Lessons From Securities Litigation, Jill E. Fisch

All Faculty Scholarship

No abstract provided.


Protecting The Environment: Finding The Balance Between Delaney And Free Play, Geoffrey C. Hazard Jr., Howard C. Kunreuther Jan 1997

Protecting The Environment: Finding The Balance Between Delaney And Free Play, Geoffrey C. Hazard Jr., Howard C. Kunreuther

All Faculty Scholarship

No abstract provided.


Questioning Philanthropy From A Corporate Governance Perspective, Jill E. Fisch Jan 1997

Questioning Philanthropy From A Corporate Governance Perspective, Jill E. Fisch

All Faculty Scholarship

No abstract provided.


The New Economics Of Jurisdictional Competition: Devolutionary Federalism In A Second-Best World, William W. Bratton, Joseph A. Mccahery Jan 1997

The New Economics Of Jurisdictional Competition: Devolutionary Federalism In A Second-Best World, William W. Bratton, Joseph A. Mccahery

All Faculty Scholarship

No abstract provided.


An Inquiry Into The Efficiency Of The Limited Liability Company: Of Theory Of The Firm And Regulatory Competition, William W. Bratton, Joseph A. Mccahery Jan 1997

An Inquiry Into The Efficiency Of The Limited Liability Company: Of Theory Of The Firm And Regulatory Competition, William W. Bratton, Joseph A. Mccahery

All Faculty Scholarship

No abstract provided.