Law Commons^™

Evolutionism, Creationism, And Treating Religion As A Hobby, Stephen L. Carter

Duke Law Journal

No abstract provided.

Emerging Alternatives To Mutual Funds: Unit Investment Trusts And Other Fixed Portfolio Investment Vehicles, Thomas S. Harman

Duke Law Journal

Thomas Harman offers a comprehensive analysis of the Unit Investment Trust. First, he defines the trust, examining the mechanics and participants associated with it. He then traces the development of the trust since its inception as a "fixed trust." Next he discusses the regulation of the trust by the Securites Acts of 1933 and 1940. Finally, he compares the unit investment trust with other investment vehicles.

Oklahoma's Proposed Rules Of Professional Conduct: Changes That May Affect You, Carole Parrish Whitaker

Tulsa Law Review

No abstract provided.

Table Of Contents

Tulsa Law Review

No abstract provided.

A New And Old Theory For Adjudicating Standardized Contracts, Eric Mills Holmes, Dagmar Thurmann

Scholarly Works

The purpose of this article is rather simple, extracting a new theory of standard form contracts from the good bits of the spectrum of "old" ideas and combining them with some fresh rethinking. For something fresh, the authors choose to examine the German law on standard form contracts. The authors have tried to remain neutral observers but in extracting the best from the spectrum of ideas one necessarily states--in this instance, one of pragmatic compromise. Thus, this article will cull and identify elements from the spectrum specifically concerning standard form contracts and compare them with the German approach. This process …

Further Thoughts On Employment Discrimination Legislation: Discrimination Legislation: A Reply To Judge Posner, John J. Donohue Iii

University of Pennsylvania Law Review

No abstract provided.

Experimentation And The Marketplace Theory Of The First Amendment, Gary L. Francione

University of Pennsylvania Law Review

No abstract provided.

Federal Common Law Power To Remand A Properly Removed Case, Bradford Gram Swing

University of Pennsylvania Law Review

No abstract provided.

Threshold Requirements For The Fbi Under Exemption 7 Of The Freedom Of Information Act, Richard A. Kaba

Michigan Law Review

This Note examines Exemption 7 of the FOIA as it relates to FBP0 information and seeks to determine the appropriate rule for the first prong of the Abramson test. Part I of this Note examines Exemption 7 in the 1966, 1974, and 1986 FOIAs, the judicial opinions interpreting this exemption, and the legislative histories of the 1966, 1974, and 1986 FOIAs as they relate to Exemption 7. Part II compares the per se and threshold tests in view of their practical effects and concludes that neither test is clearly superior. Part III proposes adoption of a per se rule with …

Monopoly Power And Market Power In Antitrust Law, Thomas G. Krattenmaker, Robert H. Lande, Steven C. Salop

All Faculty Scholarship

This article seeks an answer to a question that should be well settled: for purposes of antitrust analysis, what is 'market power' and/or 'monopoly power'? The question should be well settled because antitrust law requires proof of actual or likely market power or monopoly power to establish most types of antitrust violations.

Examination of key antitrust law opinions, however, shows that courts define 'market power' and 'monopoly power' in ways that are both vague and inconsistent. We conclude that the present level of confusion is unnecessary and results from two different but related errors:

(1) the belief or suspicion that …

The 1986 And 1987 Affirmative Action Cases: It's All Over But The Shouting, Herman Schwartz

Michigan Law Review

For the moment, the affirmative action wars are over. In a ten-year set of decisions, culminating in five during the last two terms, the Court has now legitimated almost all types of race and gender preferences, even if they benefit nonvictims, including voluntarily adopted preferences in hiring, promotion, university admissions, and government contracting; hiring and promotion preferences in consent decrees; and court-ordered hiring and promotions. It has approved preferences by both public and private bodies, and for both racial-ethnic minorities and women. It has barred only layoffs of white (and presumably male) employees who have more seniority than employees hired …

Shareholders’ Agreements In Alaska After Hikita V. Nichiro Gyogyo Kaisha, Ltd., B. Neil S. Clarke

Alaska Law Review

No abstract provided.

Journal Staff

Alaska Law Review

No abstract provided.

Inspection And Discovery Of State Records In Alaska, Margot O. Knuth

Alaska Law Review

No abstract provided.

Local Hire Laws: Alaska’S Futile Attempts At Preferential Treatment, Sandra J. Hardgrove

Alaska Law Review

No abstract provided.

Rule 145: Mergers, Acquisitions And Recapitalizations Under The Securities Act Of 1933, Rutheford B. Campbell Jr.

Law Faculty Scholarly Articles

The most significant occurrence surrounding the adoption of Rule 145 was the repeal by the Securities and Exchange Commission of Rule 133, the conceptually deficient “no sale” rule that had perplexed commentators for years. In Rule 133, the Commission took the position that no offer or sale of a security was involved when, for example, a shareholder of a company to be acquired in a merger (an “acquired company”) voted whether to authorize the merger of the acquired company into an acquiring company (an “acquiring company”) in exchange for stock in the acquiring company. The purpose of this Article is …

Is Fraudulent Conveyance Law Efficient?, David G. Carlson

Articles

No abstract provided.

Louisiana's Balanced-Treatment Act And The Establishment Clause: Edwards V. Aguillard, Randy E. Schimmelpfennig

Tulsa Law Review

No abstract provided.

Aerial Surveillance Withstands Fourth Amendment Scrutiny, Blaine G. Frizzell

Tulsa Law Review

No abstract provided.

The Origination Clause In The American Constitution: A Comparative Survey, J. Michael Medina

Tulsa Law Review

No abstract provided.

The Faces Of Justice And State Authority & Constitutional Law Deskbook, Mary Benge Sanchez, Jeremy M. Miller

Tulsa Law Review

No abstract provided.

Indemnity Under Workers’ Compensation: Recognizing A Special Legal Relationship Between Manufacturer And Employer, Karen M. Moran

Duke Law Journal

No abstract provided.

Res Ipsa Loquitur, Seton Hall University School Of Law

Newspapers

No abstract provided.

Proprietary Rights And The Norms Of Science In Biotechnology Research, Rebecca S. Eisenberg

Articles

As basic research in biotechnology yields increasing commercial applications, scientists and their research sponsors have become more eager to protect the commercial value of research discoveries through intellectual property law. Some scientists fear that these commercial incentives will weaken or even undermine the norms that have traditionally governed scientific research. In this Article, Professor Eisenberg examines the interaction of proprietary rights in inventions with these traditional scientific norms. Trade secrecy, she argues, is an undesirable strategy for protection of basic research discoveries because it impedes dissemination of new knowledge to the scientific community. She finds that patent law is in …

Law And Enchantment: The Place Of Belief, Joseph Vining

Articles

The question I wish to raise is whether one must believe what one says when one makes a statement of law. The language of belief that we know, and from which moral discourse and the moral never stray far: do judges, lawyers, law participate in it? Any such question is but an aspect of a larger question, indeed issue, of what we may call the objectivity of legal language. It is raised perhaps most acutely by the broad claims now being made for artificial intelligence and in particular for the computer programming of legal advice (as a species of what …

The Rhetoric Of The Anti-Progressive Income Tax Movement: A Typical Male Reaction, Marjorie E. Kornhauser

Michigan Law Review

This article examines the arguments against progressivity and the supporting philosophic premises behind the mask of rhetoric. It neither treats exhaustively nor demolishes the legitimacy of the arguments or the underlying philosophy. Part I briefly summarizes the major arguments against progressivity. Part II examines the economic argument, its underlying assumptions, and its limitations. Part III examines the neoconservative philosophy which underlies the justification for a flat tax and contrasts it with an alternative feminist vision of people and society, which provides strong justification for progressive taxation.

Part IV concludes that there is a strong case for progressive taxation based not …

A Recommended Approach To Bail In International Extradition Cases, Jeffrey A. Hall

Michigan Law Review

This Note proposes such a consistent approach, arguing that courts in international extradition cases should focus on the accused's risk of flight rather than on the presence or absence of specific "special circumstances." Part I briefly discusses the international extradition process and outlines the important societal and individual interests at stake in the bail decision. Part II discusses the origin and evolution of the judicial approaches to bail in international extradition cases and demonstrates the inconsistency in the lower courts' treatment. Part III suggests an approach for making bail decisions in international extradition cases. It argues that the determinative factor …

Giving Substance To The Bad Faith Exception Of Evans V. Jeff D.: A Reconciliation Of Evans With The Civil Rights Attorney's Fees Awards Act Of 1976, Margaret Annabel De Lissner

University of Pennsylvania Law Review

No abstract provided.

Affirmative Action And The Remedial Scope Of Title Vii: Procedural Answers To Substantive Questions, Marshall J. Walthew

University of Pennsylvania Law Review

No abstract provided.

Corporate Mergers: Redefining The Role Of Target Directors, Jennifer J. Johnson, Mary Siegel

University of Pennsylvania Law Review

No abstract provided.