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Articles 1 - 30 of 32

Full-Text Articles in Law

Corporatisation: Implementing Forest Management Reform In New Zealand, Robert L. Fischman, Richard L. Nagle Jan 1989

Corporatisation: Implementing Forest Management Reform In New Zealand, Robert L. Fischman, Richard L. Nagle

Articles by Maurer Faculty

No abstract provided.


Bargaining For Justice: An Examination Of The Use And Limits Of Conditions By The Federal Reserve Board, Alfred C. Aman Jan 1989

Bargaining For Justice: An Examination Of The Use And Limits Of Conditions By The Federal Reserve Board, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.


Preparing Global Professionals, Alfred C. Aman Jan 1989

Preparing Global Professionals, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.


Canada's Roe: The Canadian Abortion Decision And Its Implications For American Constitutional Law And Theory, Daniel O. Conkle Jan 1989

Canada's Roe: The Canadian Abortion Decision And Its Implications For American Constitutional Law And Theory, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.


Book Review. Behind Bakke: Affirmative Action And The Supreme Court By Bernard Schwartz, Daniel O. Conkle Jan 1989

Book Review. Behind Bakke: Affirmative Action And The Supreme Court By Bernard Schwartz, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.


A Common Law Lawyer On The Supreme Court: The Opinions Of Justice Stevens, William D. Popkin Jan 1989

A Common Law Lawyer On The Supreme Court: The Opinions Of Justice Stevens, William D. Popkin

Articles by Maurer Faculty

No abstract provided.


Of Moral Rights And Resale Royalties: The Kennedy Bill, Marshall A. Leaffer Jan 1989

Of Moral Rights And Resale Royalties: The Kennedy Bill, Marshall A. Leaffer

Articles by Maurer Faculty

No abstract provided.


The Myth Of The Disposable Opinion: Unpublished Opinions And Government Litigants In The United States Courts Of Appeals, Lauren K. Robel Jan 1989

The Myth Of The Disposable Opinion: Unpublished Opinions And Government Litigants In The United States Courts Of Appeals, Lauren K. Robel

Articles by Maurer Faculty

No abstract provided.


Book Review. Abortion And Divorce In Western Law By Mary Ann Glendon, Lauren K. Robel Jan 1989

Book Review. Abortion And Divorce In Western Law By Mary Ann Glendon, Lauren K. Robel

Articles by Maurer Faculty

In this book, Professor Mary Ann Glendon contends that the American commitment to individualism and rights has deprived our law of compassion in the areas of abortion and divorce. She argues that while western European countries tell their citizens that their decisions about family are important to the larger society, American law takes extreme and damaging positions that isolate people at times when the community has an interest in their acts. Much of the book is a gentle and persuasive reminder that America lacks any semblance of a national family policy, an omission that looks heartless in comparison to Europe. …


Conviction According To Conscience: The Medieval Jurists' Debate Concerning Judicial Discretion And The Law Of Proof, Richard M. Fraher Jan 1989

Conviction According To Conscience: The Medieval Jurists' Debate Concerning Judicial Discretion And The Law Of Proof, Richard M. Fraher

Articles by Maurer Faculty

No abstract provided.


Legal Education In Australia: An American Perspective, Craig M. Bradley Jan 1989

Legal Education In Australia: An American Perspective, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.


Enforcing The Rules Of Criminal Procedure: An American Perspective, Craig M. Bradley Jan 1989

Enforcing The Rules Of Criminal Procedure: An American Perspective, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.


Panel Discussion: Second Annual Corporate Symposium, Kenneth G. Dau-Schmidt, John J. Murphy Jan 1989

Panel Discussion: Second Annual Corporate Symposium, Kenneth G. Dau-Schmidt, John J. Murphy

Articles by Maurer Faculty

This Panel Discussion took place as a part of the Second Annual Corporate Symposium, Beyond Collective Bargaining and Employment at Will: Discharging Employees in the 1990s, at the University of Cincinnati College of Law, Cincinnati, Ohio, on March 9, 1989.


Who Should Pay The Corporate Tax In A Flat Tax World?, Rebecca S. Rudnick Jan 1989

Who Should Pay The Corporate Tax In A Flat Tax World?, Rebecca S. Rudnick

Articles by Maurer Faculty

This article reviews the corporate tax system within the context of the historical bias and current effects of the current system of taxation of corporations and shareholders. Drawing on public finance theory, financial markets microstructure research, and perspectives on corporate governance, Professor Rudnick proposes a profits tax on the liquid equity of firms. She finds this to be a normative rationale for a double tax system under optimal tax principles due to the inelasticity of demand for and supply of liquidity and the economic rent it produces. The value of liquidity in different capital markets is the crucial determinate. Under …


Will Roe V. Wade Survive The Rehnquist Court?, Dawn E. Johnsen, Marcy Wilder Jan 1989

Will Roe V. Wade Survive The Rehnquist Court?, Dawn E. Johnsen, Marcy Wilder

Articles by Maurer Faculty

No abstract provided.


A Probit Model Of Nlrb Bargaining Order Cases In The Appellate Courts, Terry A. Bethel, C. A, Melfi Jan 1989

A Probit Model Of Nlrb Bargaining Order Cases In The Appellate Courts, Terry A. Bethel, C. A, Melfi

Articles by Maurer Faculty

This study examines NLRB bargaining orders that have gone to appeals courts and ascertains what factors influence whether or not the order is enforced and to what degree these factors influence the likelihood of enforcement. Substantial information has been collected from each reported appellate decision that reviewed NLRB bargaining orders issued over a four-year period. A probit regression model is employed to examine whether factors related to an employer's unfair labor practice campaign are involved in the circuit court's enforcement decisions or if more weight is given to unrelated factors, such as the circuit in which the appeal is heard …


Book Review. The Political Theology Of Abbo Of Fleury: A Study Of The Ideas About Society And Law Of The Tenth-Century Monasic Reform Movement By Marco Mostert, Richard M. Fraher Jan 1989

Book Review. The Political Theology Of Abbo Of Fleury: A Study Of The Ideas About Society And Law Of The Tenth-Century Monasic Reform Movement By Marco Mostert, Richard M. Fraher

Articles by Maurer Faculty

No abstract provided.


Webster And Women's Equality, Dawn E. Johnsen, Marcy J. Wilder Jan 1989

Webster And Women's Equality, Dawn E. Johnsen, Marcy J. Wilder

Articles by Maurer Faculty

No abstract provided.


Liability Rules For Surface Water Drainage: A Simple Economic Analysis, Daniel H. Cole Jan 1989

Liability Rules For Surface Water Drainage: A Simple Economic Analysis, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.


The Supreme Court's New Vision Of Federal Habeas Corpus For State Prisoners, Joseph L. Hoffmann Jan 1989

The Supreme Court's New Vision Of Federal Habeas Corpus For State Prisoners, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.


On The Perils Of Line-Drawing: Juveniles And The Death Penalty, Joseph L. Hoffmann Jan 1989

On The Perils Of Line-Drawing: Juveniles And The Death Penalty, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.


Populist And Economic V. Feudal: Approaches To Industry Self-Regulation In The United States And England, Robert H. Heidt Jan 1989

Populist And Economic V. Feudal: Approaches To Industry Self-Regulation In The United States And England, Robert H. Heidt

Articles by Maurer Faculty

English and American courts treat industry self-regulation very differently. American courts have been generally slow to acknowledge the legitimacy of self-regulation. Once they accept the need for some degree of self-regulation, however, the American courts, under the growing influence of the Chicago school, have become increasingly willing to uphold the regulation on the grounds of economic efficiency. The English courts have had less difficulty recognizing the legitimate role industry self-regulation plays. In determining the reasonableness of the regulatory scheme, however, the English courts adopt a protectionist approach which favours the status quo within the industry. These distinctions, the author argues, …


From Driving To Drugs: Governmental Regulation Of Pregnant Women's Lives After Webster, Dawn E. Johnsen Jan 1989

From Driving To Drugs: Governmental Regulation Of Pregnant Women's Lives After Webster, Dawn E. Johnsen

Articles by Maurer Faculty

No abstract provided.


Book Review. The Origins Of Medieval Jurisprudence: Pavia And Bologna, 850-1150 By Charles M. Radding, Richard M. Fraher Jan 1989

Book Review. The Origins Of Medieval Jurisprudence: Pavia And Bologna, 850-1150 By Charles M. Radding, Richard M. Fraher

Articles by Maurer Faculty

No abstract provided.


Judge Learned Hand: Genius, Path Breaker; Recollections Of A Law Clerk, Thomas Ehrlich Jan 1989

Judge Learned Hand: Genius, Path Breaker; Recollections Of A Law Clerk, Thomas Ehrlich

Articles by Maurer Faculty

This essay is the text of a speech by Thomas Ehrlich, President of Indiana University, who from 1959-60 was a law clerk to the distinguished federal judge, Learned Hand, of the United States Circuit Court, Second Circuit, at New York. Ehrlich addressed the assembly luncheon of the Spring Meeting of the Indiana State Bar Association on April 14, 1989, at Indianapolis.


Symposium: Equality Versus Discretion In Sentencing, Ilene H. Nagel, Stephen Breyer, Terence Mccarthy Jan 1989

Symposium: Equality Versus Discretion In Sentencing, Ilene H. Nagel, Stephen Breyer, Terence Mccarthy

Articles by Maurer Faculty

No abstract provided.


Negotiated Pleas Under The Federal Sentencing Guidelines: The First Fifteen Months, Ilene H. Nagel, Stephen J. Schulhofer Jan 1989

Negotiated Pleas Under The Federal Sentencing Guidelines: The First Fifteen Months, Ilene H. Nagel, Stephen J. Schulhofer

Articles by Maurer Faculty

No abstract provided.


Criminal Justice Decision Making As A Stratification Process: The Role Of Race And Stratification Resources In Pretrial Release, Ilene H. Nagel, Celesta A. Albonetti, Robert M. Hauser, John Hagan Jan 1989

Criminal Justice Decision Making As A Stratification Process: The Role Of Race And Stratification Resources In Pretrial Release, Ilene H. Nagel, Celesta A. Albonetti, Robert M. Hauser, John Hagan

Articles by Maurer Faculty

Our purpose is to bridge the criminal justice and stratification research literatures and to pursue the argument that homologous structural principles stratify allocation processes across central institutions of American society. The principle observed here in the making of bail decisions, as in earlier studies of the allocation of earnings, is that stratification resources operate to the greater advantage of whites than blacks. The operation of this principle is established through the estimation of covariance structure models of pretrial release decisions affecting 5660 defendants in 10 federal courts. Education and income are treated in this study as observed components of a …


The National Security Of The United States As The Host State For The United Nations, Elisabeth Zoller Jan 1989

The National Security Of The United States As The Host State For The United Nations, Elisabeth Zoller

Articles by Maurer Faculty

No abstract provided.


Witness Preparation, John S. Applegate Jan 1989

Witness Preparation, John S. Applegate

Articles by Maurer Faculty

No abstract provided.