Law Commons^™

Dealing With Professional Degrees In Divorce Cases, Ann H. Britton

Ann H. Britton

No abstract provided.

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

Windon Third Oil And Gas Drilling Partnership V. Federal Deposit Ins. Corp., 805 F.2d 342 (10th Cir. 1986)., J. William Conger

J. William Conger

No abstract provided.

Preemption And The Dormant Commerce Clause: Implications For Federal Indian Law, Stephen Feldman

Stephen M. Feldman

In 1832, the Supreme Court held that states could not extend their laws into Indian country, but over the years the Court has allowed greater and greater state incursions. The Court now recognizes two partial barriers to state power in Indian country: first, any state law that infringes on tribal sovereignty is barred; second, any state law that is preempted by federal law is also barred. Nonetheless, the Court has not clearly identified the sources of constitutional power underlying either of these barriers to state power. This Article argues that each barrier to state power springs from, and should be …

"The Defects Of Better Motives": Reflections On Mr. Meese's Jurisprudence Of Original Intention, Harry F. Tepker Jr.

Harry F. Tepker Jr.

No abstract provided.

Causal Apportionment: A Reply To The Critics, Mario Rizzo

Mario Rizzo

This article follows-up on the theory of apportionment by relative causal contribution developed in the Columbia Law Review. It is an answer to criticism by statisticians.

Is Title Vii Efficient?, John Donohue

John Donohue

No abstract provided.

A Comparison Of Male-Female Hazard Rates Of Young Workers, 1968-1971, John Donohue

John Donohue

The perception that women have higher turnover rates than men is widespread. A recent study has argued, with a touch of sarcasm, that "[p]opular stereotypes, which economists refer to as 'stylized facts, I portray women as relatively poor bets as workers because they have ... higher quit rates than males. 1I Waite and Berryman [1985: 61]. Indeed, in a recent article on occupational segregation, Goldin takes this IIfact ll as the premise for her model, although in support of this position she cites only a 1920 study. Goldin [1985]. While this may well be adequate for Goldin's historical analysis, a …

Hazard Rates Of Young Male And Female Workers--Recent Developments (Working Paper #51), John Donohue

John Donohue

This paper will explore whether this tenure differential has persisted after a decade in which the commitment of women to the paid workforce increased substantially. To answer this question, I began by examining the first full-time job for "recent school leavers" from the National Longitudinal Studies youth cohort over the four year period from 1979-1982.2 Tables 1 and 2 present summary statistics for the resulting male and female samples, in which full-time jobs are defined as having a usual workweek of 20 or more hours. The number of male and female workers included in the sample are quite close: 2305 …

Professor Prufrock, Ali Khan

Ali Khan

Almost by habit, Professor Prufrock will write a note about himself and stash it in th book that he happens to be reading at the time. With his permission, I searched through his books to retrieve these notes. As these notes are written on seemingly different themes, the reader may use his imagination to spin out all the butt-ends.

The Invasion Of Sexual Privacy, Ali Khan

Ali Khan

Privacy is a universal value. No government must invade private homes to discover and punish peaceful and consensual behavior between adults, which threatens no tangible state interests. Sexaul privacy protects such a right. This Article does not argue that all forms of sexual behavior practiced in privacy are morally good or that social approval must be accorded to such behaviors. Nor does this Article argue that all sexual relationships deserve equal treatment. But the state's police powers turn odius and constitutionally unacceptable when the state criminalizes intimate relationships conducted within the sacred precincts of privacy. (The analysis in this article, …

Pennsylvania's Implementation Of The Surface Mining Control And Reclamation Act: An Assessment Of How "Cooperative Federalism" Can Make State Regulatory Programs More Effective, John C. Dernbach

John C. Dernbach

No abstract provided.

Uniform Commercial Code Annual Survey: General Provisions, Sales, Bulk Transfers, And Documents Of Title, David Frisch, Fairfax Leary, John D. Wladis

John D Wladis

No abstract provided.

Delaware Employment Practices─A Ten Year Retrospective, Ann H. Britton

Ann H. Britton

No abstract provided.

Economic Development In Indian Country: What Are The Questions?, Frank Pommersheim

Frank Pommersheim

No abstract provided.

Tribal Immunity, Tribal Courts, And The Federal System: Emerging Contours And Frontiers (With Terry Pachota), Frank Pommersheim

Frank Pommersheim

No abstract provided.

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.