Law Commons^™

Rich, Textured, And Nuanced: Constitutional Scholarship And Constitutional Messianism At The Millennium, Dennis W. Arrow

Dennis W. Arrow

No abstract provided.

Confessions And Culture: The Interaction Of Miranda And Diversity, Floralynn Einesman

Floralynn Einesman

No abstract provided.

Comsumer Bankruptcy's New Clothes: An Empirical Study Of Discharge And Debt Collection In Chapter 13, Scott F. Norberg

Scott Norberg

No abstract provided.

Gender In The Construction Of The Lawyer’S Persona (Review Essay), Susan D. Carle

Susan D. Carle

Special Procedures Apply To Enforcing Judgments In Small Claims Court, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

State Constitutional Analysis Of Pretext Stops: Racial Profiling And Public Policy Concerns, Phyllis W. Beck, Patricia A. Daly

Patricia A. Daly

No abstract provided.

Money, Politics And Judicial Decisions: A Case Study Of Arbitration Law In Alabama, Stephen Ware

Stephen Ware

This article presents the results of a study of 106 decisions by the Supreme Court of Alabama from January 18, 1995 through July 9, 1999. The decisions are in the area of arbitration law and reveal the remarkably close correlation between a justice's votes on arbitration cases and his or her primary source or campaign funds. Justices whose election campaigns are funded by plaintiffs' lawyers oppose arbitration, whereas justices whose campaigns are funded by business favor arbitration. The correlation holds not just with regard to ideologically-charged doctrines, like unconscionability, but also with seemingly bland questions of contract formation, interpretation and …

Default Rules From Mandatory Rules: Privatizing Law Through Arbitration, Stephen Ware

Stephen Ware

This Article considers the extent to which the creation of law has been privatized through arbitration. It suggests that, under Supreme Court cases and other current legal doctrine, vast areas of law are privatizable and that this degree of privatization is possible only through arbitration. The implications of this point are separated along the familiar line between mandatory rules of law and default rules. The first implication is that arbitration jeopardizes mandatory rules of law. To preserve the mandatory effect of these rules, the Supreme Court must make a choice. The Court must either reverse its decisions that claims arising …

Foreword: Proceedings Of The Seminar On International Treaties And Constitutional Systems Of The United States, Mexico And Canada: Laboring In The Shadow Of Regional Integration, Marley S. Weiss

Marley S. Weiss

No abstract provided.

An Economic Analysis Of Transnational Bankruptcies, Andrew T. Guzman, Lucian Arye Bebchuk

Andrew T Guzman

This paper analyzes the effects of the legal rules governing transnational bankruptcies. We compare a regime of “territoriality” – in which assets are adjudicated by the jurisdiction in which they are located at the time of the bankruptcy – with a regime of “universality” – in which all assets are adjudicated in a single jurisdiction. Territoriality is shown to generate a distortion in investment patterns that might lead to an inefficient allocation of capital across countries. We also analyze who gains and who loses from territoriality, explain why countries engage in it even though it reduces global welfare, and identify …