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Articles 1 - 3 of 3
Full-Text Articles in Law
Preliminary Notes Toward A Study Of Judicial Notice, E. F. Roberts
Preliminary Notes Toward A Study Of Judicial Notice, E. F. Roberts
Cornell Law Faculty Publications
The author describes the common law as a "machine," with judges and lawyers as its working parts. He explains that its successful operation requires a kind of "intellectual adrenalin" in order to keep it responsive to its changing environment. This is the function of judicial notice. The author next examines the different views of judicial notice and points out that each is a reflection of the era in which it was created. He concludes that judicial notice is not a distinct doctrine like the hearsay rule, but rather is simply the art of thinking as practiced within the legal system.
Removal Of The Corporate Director During His Term Of Office, Arthur H. Travers Jr.
Removal Of The Corporate Director During His Term Of Office, Arthur H. Travers Jr.
Publications
The traditional rules governing the removal of corporate directors have evolved so as to insulate the board of directors from the shareholders who elect them. Professor Travers in his article examines initially the interests being advanced by protecting the board members from removal by their electorate. He then critically analyzes the law as it relates to these interests in order to suggest a more rational approach.
Collective Bargaining And The Antitrust Laws, Theodore J. St. Antoine
Collective Bargaining And The Antitrust Laws, Theodore J. St. Antoine
Other Publications
A central aim of the antitrust laws is the promotion of competition. A central aim of collective bargaining is the elimination of competition-according to classical trade union theory, the elimination of wage competition among all employees doing the same job in the same industry. Given these disparate aims, the antitrust laws and collective bargaining will almost inevitably tend to clash. To harmonize them, the type of competition which the law is intended to foster must be carefully distinguished from the type of competition which union-employer bargaining can properly displace. The Supreme Court's last major effort to draw the demarcation line …