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Selected Works

1984

Discipline
Institution
Keyword
Publication

Articles 1 - 30 of 46

Full-Text Articles in Law

Professorial Activism, Ali Khan Dec 1984

Professorial Activism, Ali Khan

Ali Khan

Teaching law as science is morally confusing, if not dangerous. Supporting human laws on "scientific grounds" remains a popular, self-serving means to stunt a vigorous moral dialogue; it is a convenient route to escape an otherwise difficult moral terrain.


George Orwell: Socialist Or Liberal? Big Brother And The Abuse Of Power, Noel B. Reynolds Jun 1984

George Orwell: Socialist Or Liberal? Big Brother And The Abuse Of Power, Noel B. Reynolds

Noel B Reynolds

For although he was too strongly independent in his thinking to accept the Marxist or socialist dogmas of his associates, because they did not seem to square with experience, and though he admired the tough resistance of English character and legal institutions to tyranny, Orwell never did tumble to the understanding of man and government which had shaped each over the centuries. Failing to see the constants in human nature as the key to the political problem, he looked around the world both as he perceived it and his literary fellows portrayed it, and concluded that power lust was the …


Were The Ordinalists Wrong About Welfare Economics?, Robert D. Cooter, Peter Rappoport May 1984

Were The Ordinalists Wrong About Welfare Economics?, Robert D. Cooter, Peter Rappoport

Robert Cooter

No abstract provided.


Prices And Sanctions, Robert D. Cooter May 1984

Prices And Sanctions, Robert D. Cooter

Robert Cooter

No abstract provided.


Personal Versus Impersonal Trade: The Size Of Trading Groups And Contract Law, Robert D. Cooter May 1984

Personal Versus Impersonal Trade: The Size Of Trading Groups And Contract Law, Robert D. Cooter

Robert Cooter

No abstract provided.


Implied Duty To Mine In Georgia, James B. Mclaughlin Jr., James C. Rehberg Apr 1984

Implied Duty To Mine In Georgia, James B. Mclaughlin Jr., James C. Rehberg

James B. McLaughlin Jr.

No abstract provided.


Military Justice: The Oxymoron Of The 1980'S, Michael Spak Apr 1984

Military Justice: The Oxymoron Of The 1980'S, Michael Spak

Michael Spak

No abstract provided.


Backing Off Bivens And The Ramifications Of This Retreat For The Vindication Of First Amendment Rights, Joan E. Steinman Mar 1984

Backing Off Bivens And The Ramifications Of This Retreat For The Vindication Of First Amendment Rights, Joan E. Steinman

Joan E. Steinman

No abstract provided.


Of Activism And Erie- The Implication Doctrine's Implications For The Nature And Role Of The Federal Courts, George D. Brown Feb 1984

Of Activism And Erie- The Implication Doctrine's Implications For The Nature And Role Of The Federal Courts, George D. Brown

George D. Brown

It is clear that Erie is a major precedential foundation for Justices Powell and Rehnquist in their attempt to force a reconsideration of the role of the federal judiciary. In this article, the author finds that a new Erie doctrine has emerged, and it's a potent counterforce to judicial activism in the nonconstitutional domain. The doctrine can be seen at work most clearly in Justice Powell's largely successful attack on the practice of implying rights of action from federal statutes. The new Erie doctrine's implications, however, extend much further. Apart from its practical ramifications, the vision of the federal judiciary …


Siting New Or Expanded Treatment, Storage And Disposal Facilities: The Pigs In The Parlors Of The 1980s, A. Dan Tarlock Feb 1984

Siting New Or Expanded Treatment, Storage And Disposal Facilities: The Pigs In The Parlors Of The 1980s, A. Dan Tarlock

Dan Tarlock

No abstract provided.


Materiality And The Efficient Capital Market Model: A Recipe For The Total Mix, Roger J. Dennis Feb 1984

Materiality And The Efficient Capital Market Model: A Recipe For The Total Mix, Roger J. Dennis

Roger J. Dennis

No abstract provided.


And The Whole Earth Was Of One Language: A Broad View Of Dispute Resolution, Henry H. Perritt Feb 1984

And The Whole Earth Was Of One Language: A Broad View Of Dispute Resolution, Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.


Constitutional Wrongs Without Remedies: Executive Official Immunity, Sheldon Nahmod Jan 1984

Constitutional Wrongs Without Remedies: Executive Official Immunity, Sheldon Nahmod

Sheldon Nahmod

No abstract provided.


Damages And Injunctive Relief Under Section 1983, Sheldon Nahmod Jan 1984

Damages And Injunctive Relief Under Section 1983, Sheldon Nahmod

Sheldon Nahmod

No abstract provided.


The Section 1983 Damage Action: An Overview, Sheldon Nahmod Jan 1984

The Section 1983 Damage Action: An Overview, Sheldon Nahmod

Sheldon Nahmod

No abstract provided.


Allocation Of Decisionmaking Authority Under The Model Rules Of Professional Conduct, Judith Maute Jan 1984

Allocation Of Decisionmaking Authority Under The Model Rules Of Professional Conduct, Judith Maute

Judith L. Maute

No abstract provided.


The Actes And Monuments By John William Corrington; The Southern Reporter By John William Corrington, Judith Maute Jan 1984

The Actes And Monuments By John William Corrington; The Southern Reporter By John William Corrington, Judith Maute

Judith L. Maute

No abstract provided.


Aspectos Jurídicos Del Estatuto De Los Partidos Políticos, Enrique Barros Bourie Jan 1984

Aspectos Jurídicos Del Estatuto De Los Partidos Políticos, Enrique Barros Bourie

Enrique Barros Bourie

El estudio concibe a los partidos como asociaciones que, como otras, requieren normas mínimas de ordenación. Entre las normas que debería establecer la ley, figuran: los requisitos de formación y disolución, sobre la base de que sean objetivos y moderados; la garantía de la democracia interna, mediante la generalización del voto secreto en todas las decisiones de importancia; la protección del derecho de expresión de las minorías y las normas sobre publicidad del funcionamiento y de las finanzas. Finalmente se analizan los aspectos de fondo de las asociaciones políticas ilícitas y se formulan, a este respecto, algunas ideas de orden …


The Multifiber Arrangement And Its Effect On The Profit Performance Of The Us Textile Industry, Joseph Pelzman Jan 1984

The Multifiber Arrangement And Its Effect On The Profit Performance Of The Us Textile Industry, Joseph Pelzman

Joseph Pelzman

No abstract provided.


Costs Of Protecting Jobs In Textiles And Clothing, Joseph Pelzman, Hans-Hinrich Glisman, Dean Spinanger, Martin Wolf Jan 1984

Costs Of Protecting Jobs In Textiles And Clothing, Joseph Pelzman, Hans-Hinrich Glisman, Dean Spinanger, Martin Wolf

Joseph Pelzman

No abstract provided.


Paying The Price For Vietnam: Post-Traumatic Stress Disorder And Criminal Conduct, Peter Erlinder Jan 1984

Paying The Price For Vietnam: Post-Traumatic Stress Disorder And Criminal Conduct, Peter Erlinder

C. Peter Erlinder

No abstract provided.


Book Review (Reviewing Wesley A. Magat, Reform Of Environmental Regulation (1982)), John C. Dernbach, Thomas Y. Au Jan 1984

Book Review (Reviewing Wesley A. Magat, Reform Of Environmental Regulation (1982)), John C. Dernbach, Thomas Y. Au

John C. Dernbach

No abstract provided.


Admission Of Other Criminal Act Evidence After Adoption Of The Federal Rules Of Evidence, Thomas J. Reed Jan 1984

Admission Of Other Criminal Act Evidence After Adoption Of The Federal Rules Of Evidence, Thomas J. Reed

Thomas J Reed

No abstract provided.


Harlow V. Fitzgerald: The Lower Courts Implement The New Standard For Qualified Immunity Under Section 1983, Mary Ellen Maatman Jan 1984

Harlow V. Fitzgerald: The Lower Courts Implement The New Standard For Qualified Immunity Under Section 1983, Mary Ellen Maatman

Mary Ellen Maatman

No abstract provided.


The Hidden Constitution: Aboriginal Rights In Canada, Brian Slattery Jan 1984

The Hidden Constitution: Aboriginal Rights In Canada, Brian Slattery

Brian Slattery

This article reviews the constitutional and historical grounds for Aboriginal and treaty rights in Canada and discusses the legal effects of entrenching these rights in the Constitution of Canada in 1982.


Environmental Policy Law In The 1980'S: Shifting Back The Burden Of Proof, Martin H. Belsky Jan 1984

Environmental Policy Law In The 1980'S: Shifting Back The Burden Of Proof, Martin H. Belsky

Martin H. Belsky

This article will describe the legal and policy burdens of proof applicable to environmental decision-making and the shifts that have occurred in allocating those burdens. The initial change occurred when common-law principles gave way to a pro-protection legal framework established during an "environmental era." The second change occurred more recently when a new environmental policy law agenda was set. Through regulatory reforms, policy alterations, statutory proposals and budgetary and personnel actions, the federal executive is now seeking to develop a more pro-development structure and again place the burden of proof on those seeking to secure government action to protect the …


Review Essay On Becoming And Being A Prosecutor, Martin H. Belsky Jan 1984

Review Essay On Becoming And Being A Prosecutor, Martin H. Belsky

Martin H. Belsky

A prosecutor is a detective, a litigator, a manager, and a policymaker. He is responsible for investigating illegalities' and is permitted to use specially assigned tools-a grand jury or subpoena-to acquire information and evidence. As a litigator, he is counsel for an artificial client-the government or people-but also the representa- tive of identifiable victims. Moreover, though he functions in an adversary system, he must temper his advocacy and zeal. His goal is not merely to "win," but also to see that "justice is done."

The prosecutor must manage an increasing set of responsibilities in a complex and often arbitrary system, …


Drug Manufacturers' Recommendations And The Common Knowledge Rule To Establish Medical Malpractice, Vicki Macdougall Dec 1983

Drug Manufacturers' Recommendations And The Common Knowledge Rule To Establish Medical Malpractice, Vicki Macdougall

Vicki Lawrence MacDougall

No abstract provided.


Nordic Law And Sweden, Hans Henrik Lidgard Dec 1983

Nordic Law And Sweden, Hans Henrik Lidgard

Hans Henrik Lidgard

No abstract provided.


Review Of Making International Monetary Policy, By F. Lisle Widman, Cynthia C. Lichtenstein Dec 1983

Review Of Making International Monetary Policy, By F. Lisle Widman, Cynthia C. Lichtenstein

Cynthia C. Lichtenstein

No abstract provided.