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Articles 511 - 540 of 545
Full-Text Articles in Law
Rules Of Conduct And Principles Of Adjudication, Paul H. Robinson
Rules Of Conduct And Principles Of Adjudication, Paul H. Robinson
All Faculty Scholarship
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
Surrogacy, Slavery, And The Ownership Of Life, Anita L. Allen
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
The "Nexus Of Contracts" Corporation: A Critical Appraisal, William W. Bratton
All Faculty Scholarship
No abstract provided.
Equality And Private Choice, Anita L. Allen
Equality And Private Choice, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Sapphire Bound!, Regina Austin
Government "Largesse" And Constitutional Rights: Some Paths Through And Around The Swamp, Seth F. Kreimer
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
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
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
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
Employer Abuse, Worker Resistance, And The Tort Of Intentional Infliction Of Emotional Distress, Regina Austin
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
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
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
Artists, Workers, And The Law Of Work: Keynote Address, Howard Lesnick
All Faculty Scholarship
No abstract provided.
Discrimination, Jobs, And Politics, Anita L. Allen
Discrimination, Jobs, And Politics, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Developments In Law - Toxic Waste Litigation, Howard F. Chang
Developments In Law - Toxic Waste Litigation, Howard F. Chang
All Faculty Scholarship
No abstract provided.
Resistance Tactics For Tokens, Regina Austin
Resistance Tactics For Tokens, Regina Austin
All Faculty Scholarship
No abstract provided.
Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William W. Bratton
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
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
Justice, Mercy, And Craziness, Stephen J. Morse
All Faculty Scholarship
No abstract provided.
The Interpretation Of Contracts Governing Corporate Debt Relationships, William W. Bratton
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
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 …
The Consciousness Of Work And The Values Of American Labor Law, Howard Lesnick
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
The Insurance Classification Controversy, Regina Austin
All Faculty Scholarship
No abstract provided.
Structure Of Labor Relations, Howard Lesnick
Structure Of Labor Relations, Howard Lesnick
All Faculty Scholarship
No abstract provided.
What Does Bakke Require Of Law Schools?, Howard Lesnick
What Does Bakke Require Of Law Schools?, 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.
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.