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Articles 511 - 540 of 545

Full-Text Articles in Law

Rules Of Conduct And Principles Of Adjudication, Paul H. Robinson Jan 1990

Rules Of Conduct And Principles Of Adjudication, Paul H. Robinson

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In this article I will show why our legal system's rules of conduct are presently unclear, how the system arrived at its current state, and what can be done to make the rules of conduct clearer. My arguments and conclusions are, in brief, as follows: The criminal law fails to communicate clear rules of conduct because it fails to distinguish this communicative function from that of adjudicating violations of the rules, which requires primarily an assessment of the blameworthiness of the violator. These two functions - announcing public rules of conduct and assessing individual blame in adjudication of a violation …


On Being A Role Model, Anita L. Allen Jan 1990

On Being A Role Model, Anita L. Allen

All Faculty Scholarship

No abstract provided.


Surrogacy, Slavery, And The Ownership Of Life, Anita L. Allen Jan 1990

Surrogacy, Slavery, And The Ownership Of Life, Anita L. Allen

All Faculty Scholarship

No abstract provided.


The "Nexus Of Contracts" Corporation: A Critical Appraisal, William W. Bratton Jan 1989

The "Nexus Of Contracts" Corporation: A Critical Appraisal, William W. Bratton

All Faculty Scholarship

No abstract provided.


Equality And Private Choice, Anita L. Allen Jan 1989

Equality And Private Choice, Anita L. Allen

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No abstract provided.


Sapphire Bound!, Regina Austin Jan 1989

Sapphire Bound!, Regina Austin

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No abstract provided.


Government "Largesse" And Constitutional Rights: Some Paths Through And Around The Swamp, Seth F. Kreimer Jan 1989

Government "Largesse" And Constitutional Rights: Some Paths Through And Around The Swamp, Seth F. Kreimer

All Faculty Scholarship

No abstract provided.


Privacy, Surrogacy, And The Baby M Case, Anita L. Allen Jan 1988

Privacy, Surrogacy, And The Baby M Case, Anita L. Allen

All Faculty Scholarship

No abstract provided.


The Federalist's Plain Meaning: Reply To Tushnet, Anita L. Allen Jan 1988

The Federalist's Plain Meaning: Reply To Tushnet, Anita L. Allen

All Faculty Scholarship

No abstract provided.


Unger's Philosophy: A Critical Legal Study, William Ewald Jan 1988

Unger's Philosophy: A Critical Legal Study, William Ewald

All Faculty Scholarship

Of all the scholars associated with the Critical Legal Studies movement, none has garnered greater attention or higher praise than Roberto Unger of Harvard Law School. In this Article, William Ewald argues that Professor Unger's reputation as a brilliant philosopher of law is undeserved. Despite the seeming erudition of his books, Professor Unger's work displays little familiarity with the basic philosophical literature, and the philosophical, legal, and political analysis in those works-in particular, the celebrated critique of liberalism in Knowledge and Politics-is so riddled with logical and historical errors as to be unworthy of serious scholarly attention.


Reply To Cornel West, William Ewald Jan 1988

Reply To Cornel West, William Ewald

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No abstract provided.


Employer Abuse, Worker Resistance, And The Tort Of Intentional Infliction Of Emotional Distress, Regina Austin Jan 1988

Employer Abuse, Worker Resistance, And The Tort Of Intentional Infliction Of Emotional Distress, Regina Austin

All Faculty Scholarship

No abstract provided.


Rethinking The Rules Against Corporate Privacy Rights: Some Conceptual Quandries For The Common Law, Anita L. Allen Jan 1987

Rethinking The Rules Against Corporate Privacy Rights: Some Conceptual Quandries For The Common Law, Anita L. Allen

All Faculty Scholarship

No abstract provided.


Gerontology And The Law: A Selected Bibliography, 1948-85 Update, Pauline M. Aranas, Mary Jo Brazil, Paul M. George Jan 1987

Gerontology And The Law: A Selected Bibliography, 1948-85 Update, Pauline M. Aranas, Mary Jo Brazil, Paul M. George

All Faculty Scholarship

No abstract provided.


Artists, Workers, And The Law Of Work: Keynote Address, Howard Lesnick Jul 1986

Artists, Workers, And The Law Of Work: Keynote Address, Howard Lesnick

All Faculty Scholarship

No abstract provided.


Discrimination, Jobs, And Politics, Anita L. Allen Jan 1986

Discrimination, Jobs, And Politics, Anita L. Allen

All Faculty Scholarship

No abstract provided.


Developments In Law - Toxic Waste Litigation, Howard F. Chang Jan 1986

Developments In Law - Toxic Waste Litigation, Howard F. Chang

All Faculty Scholarship

No abstract provided.


Resistance Tactics For Tokens, Regina Austin Jan 1986

Resistance Tactics For Tokens, Regina Austin

All Faculty Scholarship

No abstract provided.


Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William W. Bratton Jan 1985

Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William W. Bratton

All Faculty Scholarship

No abstract provided.


Social Science And Segregation Before Brown, Herbert J. Hovenkamp Jan 1985

Social Science And Segregation Before Brown, Herbert J. Hovenkamp

All Faculty Scholarship

The courts must bear a heavy share of the burden of American racism. An outpouring of historical scholarship on racism and the American law reveals the outrageous and humiliating extent to which American lawyers, judges, and legislators created, perpetuated, and defended racist American institutions. The law is not autonomous, however, particularly in areas of explicit public policy making. Lawyers did not invent racism. Rather they created racist institutions because society was racist and racism was implicit in its values. The trend in scholarship on the legal history of American racism, however, has been to place most of the blame for …


Justice, Mercy, And Craziness, Stephen J. Morse Jul 1984

Justice, Mercy, And Craziness, Stephen J. Morse

All Faculty Scholarship

No abstract provided.


The Interpretation Of Contracts Governing Corporate Debt Relationships, William W. Bratton Jan 1984

The Interpretation Of Contracts Governing Corporate Debt Relationships, William W. Bratton

All Faculty Scholarship

No abstract provided.


The Economics And Jurisprudence Of Convertible Bonds, William W. Bratton Jan 1984

The Economics And Jurisprudence Of Convertible Bonds, William W. Bratton

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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 …


The Consciousness Of Work And The Values Of American Labor Law, Howard Lesnick Jan 1983

The Consciousness Of Work And The Values Of American Labor Law, Howard Lesnick

All Faculty Scholarship

No abstract provided.


The Insurance Classification Controversy, Regina Austin Jan 1983

The Insurance Classification Controversy, Regina Austin

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No abstract provided.


Structure Of Labor Relations, Howard Lesnick Jan 1982

Structure Of Labor Relations, Howard Lesnick

All Faculty Scholarship

No abstract provided.


What Does Bakke Require Of Law Schools?, Howard Lesnick Jan 1979

What Does Bakke Require Of Law Schools?, Howard Lesnick

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No abstract provided.


Crazy Behavior, Morals, And Science: An Analysis Of Mental Health Law, Stephen J. Morse Jan 1978

Crazy Behavior, Morals, And Science: An Analysis Of Mental Health Law, Stephen J. Morse

All Faculty Scholarship

No abstract provided.


The Twilight Of Welfare Criminology, Stephen J. Morse Jan 1977

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 Jan 1976

The Twilight Of Welfare Criminology: A Final Word, Stephen J. Morse

All Faculty Scholarship

No abstract provided.