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Selected Works

1987

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Articles 1 - 30 of 57

Full-Text Articles in Law

The Efficiency Theory Of Causation And Responsibility: Unscientific Formalism And False Semantics, In Symposium, Causation In The Law Of Torts, Richard W. Wright Nov 1987

The Efficiency Theory Of Causation And Responsibility: Unscientific Formalism And False Semantics, In Symposium, Causation In The Law Of Torts, Richard W. Wright

Richard W. Wright

No abstract provided.


A Theory Of Loss Allocation For Consumer Payments, Robert D. Cooter, Edward L. Rubin Oct 1987

A Theory Of Loss Allocation For Consumer Payments, Robert D. Cooter, Edward L. Rubin

Robert Cooter

Current legislation allocating losses in the payment system embodies several different approaches. The payment system needs general rules to guide legislation and an analytic framework to develop those rules. Professors Cooter and Rubin use economic analysis to identify three general principles of economic efficiency: loss spreading, loss reduction, and loss imposition. Applying these principles, they develop general rules for allocating payment losses between consumers and financial institutions. The authors apply these rules to fraud, forgery, and error losses that can occur when a consumer uses a payment instrument. They conclude that when an invalid instrument is paid, the consumer should …


Legal Ideology And Incorporation Iv: The Nature Of Civilian Influence On Modern Anglo-American Commercial Law, Daniel R. Coquillette Oct 1987

Legal Ideology And Incorporation Iv: The Nature Of Civilian Influence On Modern Anglo-American Commercial Law, Daniel R. Coquillette

Daniel R. Coquillette

No abstract provided.


The Wrongs Of Legal Writing, John C. Dernbach Sep 1987

The Wrongs Of Legal Writing, John C. Dernbach

John C. Dernbach

No abstract provided.


1. Sexual Exploitation Of Divorce Clients: The Lawyer's Prerogative, Thomas D. Lyon Jul 1987

1. Sexual Exploitation Of Divorce Clients: The Lawyer's Prerogative, Thomas D. Lyon

Thomas D. Lyon

Melvin Belli has suggested, relying on his own experience as an attorney, that sex between a lawyer and his client is the "lawyer's prerogative."  This statement stresses the power imbalance implicit in many attorney-client relationships, and implies that sexuality is up to the lawyer as the more powerful member of the dyad.  Belli's position is also characteristic of the unique perspective through  which lawyers commonly view their practice.  Many attorneys believe that as long as the lawyer performs adequately in the courtroom, his indiscriminate behavior  in the bedroom does no wrong, nor, in technical terms, breaches any fiduciary duty.


Justice At The Confluence Of Law And Economics, Robert D. Cooter May 1987

Justice At The Confluence Of Law And Economics, Robert D. Cooter

Robert Cooter

Law has long been combined with economic thought, but only recently has
law been combined with economic theory. This article explores the implications
of this development for theories of justice and interdisciplinary research.
Value in economics is usually measured by price (the market tradition) or
by satisfaction (the utilitarian tradition). The relationship of these concepts
to equity in law is explored. Also explored is the relationship between bargaining
theory and contractarian theories of justice. The article examines the
possibility that methods and concepts developed in the economic analysis
of law will prove useful to sociologists and social psychologists by contrasting …


Resolving Superfund Disputes Using Mediation, R. Konkel Apr 1987

Resolving Superfund Disputes Using Mediation, R. Konkel

Steve Konkel

Superfund clean-up disputes are difficult to resolve because they involve multiple issues in addition to multiple parties. Environmental Protection Agency (EPA) and waste generator negotiators often disagree about how to interpret technical or scientific information. Examples of difficult issues include company shares of the clean-up cost, potential threat to groundwater, and what environmental standards apply to clean-up; "how clean is clean" is not at all well understood. Industry typically focueses on fairness of the allocation of cost and liability and the cost and responsibility for clean-up.


Privatizing Corrections: Defining The Issues, Ira P. Robbins Apr 1987

Privatizing Corrections: Defining The Issues, Ira P. Robbins

Ira P. Robbins

No abstract provided.


Should Prisons Be Privately Run?: No Quick Fixes, Ira P. Robbins Mar 1987

Should Prisons Be Privately Run?: No Quick Fixes, Ira P. Robbins

Ira P. Robbins

No abstract provided.


One River, Three Sovereigns: Indian And Interstate Water Rights, A. Dan Tarlock Feb 1987

One River, Three Sovereigns: Indian And Interstate Water Rights, A. Dan Tarlock

Dan Tarlock

No abstract provided.


The Changing Meaning Of Water Conservation In The West, A. Dan Tarlock Feb 1987

The Changing Meaning Of Water Conservation In The West, A. Dan Tarlock

Dan Tarlock

No abstract provided.


Protection Of Water Flows For National Parks, A. Dan Tarlock Feb 1987

Protection Of Water Flows For National Parks, A. Dan Tarlock

Dan Tarlock

No abstract provided.


Legal Ideology And Incorporation Iii: Reason Regulated - The Post-Restoration English Civilians, 1653-1735, Daniel R. Coquillette Feb 1987

Legal Ideology And Incorporation Iii: Reason Regulated - The Post-Restoration English Civilians, 1653-1735, Daniel R. Coquillette

Daniel R. Coquillette

No abstract provided.


Can Ethics Be Taught By Law Schools?, Daniel R. Coquillette Feb 1987

Can Ethics Be Taught By Law Schools?, Daniel R. Coquillette

Daniel R. Coquillette

No abstract provided.


Symposium: State Sponsored International Terrorism (Panel Discussion), Alberto R. Coll Feb 1987

Symposium: State Sponsored International Terrorism (Panel Discussion), Alberto R. Coll

Alberto Coll

No abstract provided.


Risk Management In The United States: Three Case Studies Dioxin Emissions And Trash-To-Energy Plants In New York City, R. Steven Konkel Feb 1987

Risk Management In The United States: Three Case Studies Dioxin Emissions And Trash-To-Energy Plants In New York City, R. Steven Konkel

Steve Konkel

New York City, the largest US municipality with a population of 12 million, presently generates 28,000 tons of garbage per day. Its main disposal facility Fresh Kills-is expected to be the only one of four presently operating landfills still in in use in 1987, and to be filled to capacity be 2001. Institutional, economic, and environmental obstacles severely restrict landfill options within the city, and ocean disposal of municipal solid waste is not considered feasible. In short, continued reliance on landfills to absorb the City's enormous volume of municpal waste is no longer considered viable.


Artificial Intelligence Techniques For Evaluating Employee Terminations On A Personal Computer, Henry H. Perritt Feb 1987

Artificial Intelligence Techniques For Evaluating Employee Terminations On A Personal Computer, Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.


Wrongful Dismissal Legislation, Henry H. Perritt Feb 1987

Wrongful Dismissal Legislation, Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.


Administrative Alternative Dispute Resolution: The Development Of Negotiated Rulemaking And Other Processes, Henry H. Perritt Feb 1987

Administrative Alternative Dispute Resolution: The Development Of Negotiated Rulemaking And Other Processes, Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.


Theory And Practice In Legal Education: An Essay On Clinical Legal Education, Mark Spiegel Jan 1987

Theory And Practice In Legal Education: An Essay On Clinical Legal Education, Mark Spiegel

Mark Spiegel

In this Article, the author argues that where clinical education fits within the law school curriculum does not have to be viewed as simply a question of whether more skills training is needed to balance the theory of the traditional curriculum. The author posits that stating the question this way obscures the choices already made, as most types of legal education have elements of both theory and practice. However, how the terms “theory” and “practice” are defined strongly influences how various aspects of legal education are perceived. Therefore, the way we view clinical education depends as much upon the viewpoint …


Gender Dynamics And Jury Deliberations (Student Note), Nancy S. Marder Jan 1987

Gender Dynamics And Jury Deliberations (Student Note), Nancy S. Marder

Nancy S. Marder

No abstract provided.


Artistic Expression And Aesthetic Theory: The Beautiful, The Sublime And The First Amendment, Sheldon Nahmod Jan 1987

Artistic Expression And Aesthetic Theory: The Beautiful, The Sublime And The First Amendment, Sheldon Nahmod

Sheldon Nahmod

No abstract provided.


Sale Of Control At A Premium: Time For Some Changes, Norwood Beveridge Dec 1986

Sale Of Control At A Premium: Time For Some Changes, Norwood Beveridge

Norwood Beveridge

No abstract provided.


Standing In The Need Of Prayer? The Supreme Court On James Madison And Religious Liberty, Jonathan K. Van Patten Dec 1986

Standing In The Need Of Prayer? The Supreme Court On James Madison And Religious Liberty, Jonathan K. Van Patten

Jonathan Van Patten

No abstract provided.


Rule 11 In The Federal Courts Of North Carolina, J. Rich Leonard Dec 1986

Rule 11 In The Federal Courts Of North Carolina, J. Rich Leonard

J. Rich Leonard

No abstract provided.


Annual Survey Of South Carolina Law/ Tort Law: Plaintiff Does Not Need To Allege A "Sale" In A Strict Liability Action, Susan Raeker-Jordan Dec 1986

Annual Survey Of South Carolina Law/ Tort Law: Plaintiff Does Not Need To Allege A "Sale" In A Strict Liability Action, Susan Raeker-Jordan

Susan Raeker-Jordan

No abstract provided.


Annual Survey Of South Carolina Law/ Tort Law: Liability Of Information Suppliers Expanded, Susan Raeker-Jordan Dec 1986

Annual Survey Of South Carolina Law/ Tort Law: Liability Of Information Suppliers Expanded, Susan Raeker-Jordan

Susan Raeker-Jordan

No abstract provided.


The Battle For International Bank Accounts: Restrictions On International Payments For Political Ends And Article Viii Of The Fund Agreement, Cynthia C. Lichtenstein Dec 1986

The Battle For International Bank Accounts: Restrictions On International Payments For Political Ends And Article Viii Of The Fund Agreement, Cynthia C. Lichtenstein

Cynthia C. Lichtenstein

No abstract provided.


On Persuasion And Paternalism: Lawyer Decisionmaking And The Questionably Competent Client, Paul R. Tremblay Dec 1986

On Persuasion And Paternalism: Lawyer Decisionmaking And The Questionably Competent Client, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.


Judicial Conscience And Natural Rights: A Reply To Professor Jaffa, Bruce Ledewitz Dec 1986

Judicial Conscience And Natural Rights: A Reply To Professor Jaffa, Bruce Ledewitz

Bruce Ledewitz

No abstract provided.