Law Commons^™

A Continuous-Time Stochastic Model Of Job Mobility: A Comparison Of Male-Femals Hazard Rates Of Young Workers, John J. Donohue

John Donohue

This study examines male and female hazard rates in the periods 1968-1971 and 1979-1982 using data for young workers from the various samples of the National Longitudinal Surveys. Contrary to a number of previous micro-data studies, I demonstrate that for the period 1968-1971 female workers quit their initial full-time jobs at substantially higher rates than male workers. Moreover, while male hazard rates show a monotonic decline, female rates show a nonmonotonic u-shaped pattern, which I attribute to a "birth effect" -- young women leaving the labor force to have children.

For the period 1979-1982, however, young women had become almost …

The Separation Of Law And Morals, Noel Reynolds

Noel B Reynolds

The classic opposition of legal positivism and natural law theory resurfaces continually and reminds us that we have yet to resolve this key conflict in our ways of understanding the moral authority of law. The strengths and weaknesses of the two theories are reviewed—both have fatal flaws. Conventionalism is proposed as a means of finding internal standards in a man-made system of law. The naturally emerging standards for a conventionalist system of law turn out to be the already familiar principles of the rule of law.

Introductory Note To The Basle Supervisors' Committee's Paper On Off-Balance Sheet Exposures, Cynthia C. Lichtenstein

Cynthia C. Lichtenstein

No abstract provided.

Hume And His Critics--Reid And Kames, Noel B. Reynolds

Noel B Reynolds

This presentation was in response to Kenneth MacKinnon’s defense of Thomas Reid’s preference for natural virtue against David Hume’s conventionalism in his theory of law. It is argued that because Hume’s legal theory follows easily from his theory of human nature, Reid and Kames—and MacKinnon—need to refute Hume at that level to be successful in their rejection of his conventionalism.

Morality And The Rule Of Law, Noel Reynolds

Noel B Reynolds

This paper lays out the logic of a conservative view of liberty and morality based on an understanding of human nature as both social and rational on the one hand, and radically individual and self-seeking on the other. Without public virtue, a people cannot govern itself as a free people. But neither virtue nor moral truth can be legislated. The rule of law under constitutionalism is the most successful human arrangement for providing freedom and allowing moral action on the part of individuals.

Inter And Intrastate Usage Of Great Lakes Waters: A Legal Overview, A. Dan Tarlock

Dan Tarlock

No abstract provided.

Negotiated Rulemaking Before Federal Agencies: Evaluation Of Recommendations By The Administrative Conference Of The United States, Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.

Negotiated Rulemaking And Administrative Law, Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.

The Legal Status Of The Embryo, Lori B. Andrews

Lori B. Andrews

No abstract provided.

Constitutional Law -- In Re Grand Jury Matter, Gronowicz: Qualified Newsperson's Privilege Does Not Extend To Authors, Elizabeth De Armond

Elizabeth De Armond

No abstract provided.

A Uniform Limitations Period For Civil Rico, Elizabeth De Armond

Elizabeth De Armond

No abstract provided.

Memorandum On The Intensive Program In Public Law And Policy At Osgoode Hall Law School, 1986-87, Frederick H. Zemans

Frederick H. Zemans

Gimme Shelter: Religious Provision Of Shelter To The Homeless As A Protected Use Under Zoning Laws, Susan Goldberg

Susan L Goldberg

No abstract provided.

Ny Kinesisk Avtalslag, Hans Henrik Lidgard

Hans Henrik Lidgard

No abstract provided.

Title Insurance Companies' Liability For Failure To Search Title And Disclose Record Title, Joyce Palomar

Joyce Palomar

No abstract provided.

Judicial Independence And The Rule Of Law, Jonathan K. Van Patten

Jonathan Van Patten

No abstract provided.

Lawyers: A Call To Duty, Thomas P. Anderson

Thomas P. Anderson

No abstract provided.

Nuremberg Forty Years After: An Introduction, M. Bassiouni

M. Cherif Bassiouni

No abstract provided.

Retained Jurisdiction In Damage Actions Based On Anticipatory Breach: A Missing Link In Landlord-Tenant Law, Roberta R. Kwall

Roberta R Kwall

The Age Discrimination In Employment Act's Forgotten Affirmative Defense: The Reasonable Factors Other Than Age Exception, Howard C. Eglit

Howard C. Eglit

No abstract provided.

Felix S. Cohen And His Jurisprudence: Reflections On Federal Indian Law, Stephen M. Feldman

Stephen M. Feldman

In 1942, Felix S. Cohen published the Handbook of Federal Indian Law, the first synthesis of that field. At that time, Cohen was renowned as a legal philosopher, a member of the American legal realist movement, and a leading advocate for Native Americans. The primary purpose of this Article is to relate Cohen's realist jurisprudence to the development of federal Indian law. The thesis is that Cohen's jurisprudence profoundly affected his writing of the Handbook, which, in turn, profoundly affected the development of contemporary federal Indian law. The United States Supreme Court has effectively adopted Cohen's realist method for resolving …

Constitutional Adjudication In Costa Rica, Robert S. Barker

Robert S. Barker

No abstract provided.

Immaterialrätt I Kina (Del I) - De Nya Patent- Och Varumärkeslagarna [Intellectual Property Rights In China (Part I)], Hans Henrik Lidgard

Hans Henrik Lidgard

No abstract provided.

Dividends Essentially Equivalent To Redemptions: The Taxation Of Bootstrap Stock Acquisitions, Michael B. Lang

Michael B. Lang

Funding for the sale of an interest in a profitable closely held corporation often comes from two sources: the buyer and the corporation itself. Such a bootstrap stock acquisition may take one of three forms. Two possible forms involve a distribution by a corporation to a selling shareholder: The corporation may either redeem a portion of the selling shareholder's stock or distribute a dividend to the selling shareholder. The redemption or dividend distribution may be in cash, or in other property. A distribution to a selling shareholder may be taxed to a buyer (either a purchaser or a continuing shareholder) …

Immaterialrätt I Kina (Del Ii) - Licensiering Av Rättigheter [Intellectual Property Rights In China (Part Ii)], Hans Henrik Lidgard

Hans Henrik Lidgard

No abstract provided.

The Steward's Legislative Role In Workplace Government: A Proposal For Immunity From Employer Discipline, John F. Nivala

John F. Nivala

The author develops the model of collective bargaining relationships as a form of workplace government. In light of this model, he discusses the representational and legislative role of the steward within the workplace and reviews in some depth the problems involved in balancing the steward's responsibilities against the rights of the employer. Finally, he proposes a new standard for achieving that balance patterned after a legislative immunity model.

Interim Measures Of Protection: Theory And Practice In Light Of The Iran United States Claims Tribunal, David D. Caron

David D. Caron

No abstract provided.

Extraterritorial Discovery And The Conflict Of Procedural Systems: Germany And The United States, David J. Gerber

David J. Gerber

No abstract provided.

Fair Dealing In Employment Associations: The Reciprocity Of Respect, John F. Nivala

John F. Nivala

No abstract provided.

Legal Opinions On Secondary Sales Of Stock, Scott T. Fitzgibbon, Donald W. Glazer

Scott T. FitzGibbon

[Later versions appear in Columbia Business Law Review, 1988, no.1:149-160, and in Business Opinions, 335-77. New York, Practicing Law Institute, 1988.]