Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

PDF

Law

1992

Discipline
Institution
Publication
Publication Type

Articles 1 - 30 of 87

Full-Text Articles in Law

Rules Versus Standards: An Economic Analysis, Louis Kaplow Dec 1992

Rules Versus Standards: An Economic Analysis, Louis Kaplow

Duke Law Journal

This Article offers an economic analysis of the extent to which legal commands should be promulgated as rules or standards. Two dimensions of the problem are emphasized. First, the choice between rules and standards affects costs: Rules typically are more costly than standards to create, whereas standards tend to be more costly for individuals to interpret when deciding how to act and for an adjudicator to apply to past conduct. Second, when individuals can determine the application of rules to their contemplated acts more cheaply, conduct is more likely to reflect the content of previously promulgated rules than of standards …

Go to article

Intention, Interpretation, And Stories, Jane B. Baron Dec 1992

Intention, Interpretation, And Stories, Jane B. Baron

Duke Law Journal

No abstract provided.

Go to article

Compromising Positions: An Essay And Review Of Abortion: The Clash Of Absolutes. By Laurence H. Tribe, Charles A. Rees Nov 1992

Compromising Positions: An Essay And Review Of Abortion: The Clash Of Absolutes. By Laurence H. Tribe, Charles A. Rees

Northern Illinois University Law Review

This review examines Laurence Tribe's book on abortion, focusing special attention on Tribe's discussion of compromises to the abortion dilemma and his own apparent resolution of the issue. Following an evaluation of Tribe's work, this review considers other possible compromises to the abortion dilemma which are suggested by the United States Constitution.

Go to article

At The Boundaries Of Law And Equity: The Court Of Appeals For The Federal Circuit And The Doctrine Of Equivalents, Paul C. Craane Nov 1992

At The Boundaries Of Law And Equity: The Court Of Appeals For The Federal Circuit And The Doctrine Of Equivalents, Paul C. Craane

Northern Illinois University Law Review

This comment examines the doctrine of equivalents, focusing on the tensions created by the continued attempts of the Court of Appeals for the Federal Circuit to bring certainty and structure to this equity-based doctrine. As the comment unfortunately concludes, these attempts to introduce certainty and structure have increased the confusion as to many different aspects of patent litigation and practice. The author suggests that a more viable solution to the problem would be to restrict the scope of the doctrine rather than add additional analytical restrictions to the doctrine of equivalents.

Go to article

The Legal Profession In Transition: An Address At The Graduation Ceremonies Of Northern Illinois University College Of Law, Claire L'Heureux--Dubé Nov 1992

The Legal Profession In Transition: An Address At The Graduation Ceremonies Of Northern Illinois University College Of Law, Claire L'Heureux--Dubé

Northern Illinois University Law Review

The Northern Illinois University Law Review is pleased to publish the address delivered by the Honorable Claire L'Heureux-Dubé at the graduation for the class of 1992. Justice L'Heureux-Dubé is a member of the Supreme Court of Canada. Her address comments on the changes occurring in the legal profession as a result of forces of globalism and advances made by women and minorities. In particular, Justice L’Heureux-Dubé warns of the detrimental effects of the commercialization of the legal profession. Above all else, she reminds us that law is a learned profession requiring continuous study and contemplation.

Go to article

Less Than Perfected: Uncertainty In Illinois Judgment Lien Law, Frank Stepnowski Nov 1992

Less Than Perfected: Uncertainty In Illinois Judgment Lien Law, Frank Stepnowski

Northern Illinois University Law Review

Attempting to reduce the confusion surrounding Illinois judgment lien law, the author explores contradictory decisions of the past involving levy and execution, chancery's creditor's bill, and citation to discover assets. The article calls for clarification and specific reforms of Illinois's Article XII of the Code of Civil Procedure to conform judgment collection procedures with modern practice, the Bankruptcy Code, and the UCC.

Go to article

Federal Statutory Restrictions On The Enforceability Of Forum Selection Clauses, Timothy S. Rigsbee Nov 1992

Federal Statutory Restrictions On The Enforceability Of Forum Selection Clauses, Timothy S. Rigsbee

Northern Illinois University Law Review

This author examines the relationship between the forum selection clauses and particular federal statutes. The comment traces judicial attitudes concerning forum selection clauses and analyzes how courts have applied the public policy exception to the enforceability of forum selection clauses recognized by the Supreme Court in The Bremen v. Zapata Off-Shore Co. In particular, the comment examines the anomalous treatment courts have given forum selection clauses under FELA, the Jones Act, the Securities Acts, the Federal Arbitration Act, the Miller Act, and the Carriage of Goods by the Sea Act. The article then examines Carnival Cruise Lines, Inc. v. Shute, …

Go to article

Florida V. Bostick: Abandonment Of Reason In Fourth Amendment Reasonable Person Analysis, James F. Heuerman Nov 1992

Florida V. Bostick: Abandonment Of Reason In Fourth Amendment Reasonable Person Analysis, James F. Heuerman

Northern Illinois University Law Review

This note examines the United States Supreme Court's decision which addressed the constitutionality of "bus sweeps" -- random suspicionless police questioning of interstate bus travelers. The Court concluded that a reasonable bus passenger could feel free to disregard police questioning, and accordingly found that not all such encounters are entitled to Fourth Amendment scrutiny. The author explores the Court's decision and contends that only by severely underestimating the inherent coercion in such encounters was the Court able to avoid the intuitive conclusion that passengers are "seized" during such questioning.

Go to article

The Supreme Court's Use Of Per Curiam Dispositions: The Connection To Oral Argument, Stephen L. Wasby, Steven Peterson, James Shubert, Glendon Shubert Nov 1992

The Supreme Court's Use Of Per Curiam Dispositions: The Connection To Oral Argument, Stephen L. Wasby, Steven Peterson, James Shubert, Glendon Shubert

Northern Illinois University Law Review

This study is an empirical examination of a set of the Supreme Court's per curiam rulings issued after oral argument between 1969 and 1981. The authors use transcripts of Supreme Court oral argument and the Court's opinions to untangle relationships between oral argument and dispositions, particularly when the Court does not reach the merits. The authors note that oral argument clarifies issues and helps the justices narrow them. The Court's comments in its per curiam dispositions indicate that oral argument is relevant for the Court's dispositions and at times it has been more determinative of outcomes, for example, when counsel's …

Go to article

Why Family Values Faltered: Capitalism, Bruce Ledewitz Oct 1992

Why Family Values Faltered: Capitalism, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Go to article

Games Without Frontiers: Trends In The International Response To Insider Trading, Harvey L. Pitt, David B. Hardison Oct 1992

Games Without Frontiers: Trends In The International Response To Insider Trading, Harvey L. Pitt, David B. Hardison

Law and Contemporary Problems

A study examines, from the perspective of two practitioners, current trends in the global regulation of insider trading.

Go to article

The Establishment Of International Mechanisms For Enforcing Provisional Orders And Final Judgments Arising From Securities Law Violations, Michael D. Mann, Paul A. Leder, Elizabeth Jacobs Oct 1992

The Establishment Of International Mechanisms For Enforcing Provisional Orders And Final Judgments Arising From Securities Law Violations, Michael D. Mann, Paul A. Leder, Elizabeth Jacobs

Law and Contemporary Problems

In the 1980s and early 1990s, securities regulators have made substantial progress in developing cooperative relationships to reduce the value of international borders as barriers to the detection and prosecution of securities fraud, but there needs to be an establishment of international mechanisms for enforcing provisional orders and final judgments. The development of mechanisms pursuant to which regulators can assist each other in freezing assets and recovering illicit profits is discussed.

Go to article

Defining Illegal Insider Trading—Lessons From The European Community Directive On Insider Trading, Thomas Lee Hazen Oct 1992

Defining Illegal Insider Trading—Lessons From The European Community Directive On Insider Trading, Thomas Lee Hazen

Law and Contemporary Problems

The EC made a bold move towards defining precisely what conduct constitutes improper trading on nonpublic information with its Insider Trading Directive. The differences between the EC and US laws on insider trading are examined.

Go to article

Insider Trading In A Globalizing Market: Who Should Regulate What?, Merritt B. Fox Oct 1992

Insider Trading In A Globalizing Market: Who Should Regulate What?, Merritt B. Fox

Law and Contemporary Problems

As the market for securities becomes increasingly global, the question of whose rules should apply to any particular transaction will arise with increasing frequency. The issue is examined.

Go to article

The Nova Lawyer, Fall 1992, Volume 6, Number 3, Nova University - Shepard Broad Law Center Oct 1992

The Nova Lawyer, Fall 1992, Volume 6, Number 3, Nova University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.

Go to article

Mid-Atlantic Ethics Committee Newsletter, Fall 1992 Oct 1992

Mid-Atlantic Ethics Committee Newsletter, Fall 1992

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Go to article

Looks Can Be Deceiving—A Comparison Of Initial Public Offering Procedures Under Japanese And U.S. Securities Laws, Alan L. Beller, Tsunemasa Terai, Richard M. Levine Oct 1992

Looks Can Be Deceiving—A Comparison Of Initial Public Offering Procedures Under Japanese And U.S. Securities Laws, Alan L. Beller, Tsunemasa Terai, Richard M. Levine

Law and Contemporary Problems

In order to examine the divergent administration of statutes that are by their terms similar, the initial public offering procedures that a non-sovereign domestic issuer follows in the US and Japan are described.

Go to article

Legal Complexity: Some Causes, Consequences, And Cures, Peter H. Schuck Oct 1992

Legal Complexity: Some Causes, Consequences, And Cures, Peter H. Schuck

Duke Law Journal

No abstract provided.

Go to article

Rethinking U.S. Securities Laws In The Shadow Of International Regulatory Competition, James D. Cox Oct 1992

Rethinking U.S. Securities Laws In The Shadow Of International Regulatory Competition, James D. Cox

Law and Contemporary Problems

A unique perspective on the concerns posed by the internationalization of US securities markets is offered. A set of principles is developed that can guide US policymakers in reaching agreement with other nations on the minimum content of all nations' securities laws.

Go to article

Consideration And Estoppel: Problem And Panacea, Bruce Macdougall Oct 1992

Consideration And Estoppel: Problem And Panacea, Bruce Macdougall

Dalhousie Law Journal

In his book, The History of the Common Law of Contract, A.W.B. Simpson demonstrates that consideration originally seems to have meant the "matter of inducement" - the "why" of entering a promise.' He writes: "The essence of the doctrine of consideration, then, is the adoption by the common law of the idea that the legal effect of a promise should depend upon the factor or factors which motivated the promise. To decide whether a promise to do X is binding, you need to know why the promise was made."2 In modem terms, according to Simpson, a promise which lacks any …

Go to article

Haling Foreign Subsidiary Corporations Into Court Under The 1934 Act: Jurisdictional Bases And Forum Non Conveniens, Glenn R. Sarno Oct 1992

Haling Foreign Subsidiary Corporations Into Court Under The 1934 Act: Jurisdictional Bases And Forum Non Conveniens, Glenn R. Sarno

Law and Contemporary Problems

The general theories and legal standards for obtaining personal jurisdiction over a nonresident foreign entity under section 27 of the 1934 Securities Exchange Act are examined. The theories of obtaining jurisdiction over a foreign subsidiary corporation that has a parent present in the US for jurisdictional purposes are used as an example.

Go to article

Seeking… The Faces Of Otherness…: A Response To Professors Sarat Felstiner And Cahn , Lucie E. White Sep 1992

Seeking… The Faces Of Otherness…: A Response To Professors Sarat Felstiner And Cahn , Lucie E. White

Cornell Law Review

No abstract provided.

Go to article

When First Amendment Principles And Local Zoning Regulations Collide, Steven I. Brody Jul 1992

When First Amendment Principles And Local Zoning Regulations Collide, Steven I. Brody

Northern Illinois University Law Review

This article examines the conflict between municipal restrictions on adult uses and the fundamental right to freedom of speech. Mr. Brody reviews the Supreme Court tests for resolving the conflict and concludes that most zoning regulations affecting adult uses will be examined under the O'Brien/Heffron tests: (1) the ordinance must provide a sufficient factual basis to support a finding of substantial or important governmental interest; (2) the ordinance's definitions of adult uses and restrictions must be narrowly tailored to affect only those businesses which the ordinance intends to regulate; and (3) the ordinance must provide reasonable alternative channels of communication …

Go to article

Information As A Commodity: New Imperatives Of Commercial Law, Raymond T. Nimmer, Patricia Ann Krauthaus Jul 1992

Information As A Commodity: New Imperatives Of Commercial Law, Raymond T. Nimmer, Patricia Ann Krauthaus

Law and Contemporary Problems

Modern information technology modifies how commercial transactions occur and the subject matter of commerce itself. The challenge posed to scholars and policymakers by these issues is discussed.

Go to article

Property, Credit, And Regulation Meet Information Technology: Clearance And Settlement In The Securities Markets, Charles W. Mooney Jr. Jul 1992

Property, Credit, And Regulation Meet Information Technology: Clearance And Settlement In The Securities Markets, Charles W. Mooney Jr.

Law and Contemporary Problems

Technology and commercial law are examined in the context of securities market clearing and settlement. The challenges to legal "scientists," legal "engineers" and legal "technicians," who are working with electronic information, are discussed.

Go to article

Mid-Atlantic Ethics Committee Newsletter, Summer 1992 Jul 1992

Mid-Atlantic Ethics Committee Newsletter, Summer 1992

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Go to article

Computerization Of The Article 9 Filing System: Thoughts On Building The Electronic Highway, Lynn M. Lopucki Jul 1992

Computerization Of The Article 9 Filing System: Thoughts On Building The Electronic Highway, Lynn M. Lopucki

Law and Contemporary Problems

The most basic purpose of the Article 9 filing system is to make a filing accessible to a searcher. Problems with the current system are discussed, and it is concluded that it will take more than computerization to fix the problems.

Go to article

The Commodification Of "Nature's Metropolis": The Historical Context Of Illinois' Unique Zoning Standards, Fred P. Bosselman Jul 1992

The Commodification Of "Nature's Metropolis": The Historical Context Of Illinois' Unique Zoning Standards, Fred P. Bosselman

Northern Illinois University Law Review

Professor Bosselman takes an historical look at the early development of zoning in Chicago and concludes that the nineteenth century view of land as simply another form of capital that could be rendered standardized and fungible through commodification led to the adoption of the LaSalle factors. The author notes the influence of the human ecology theory of urban growth on the development of the LaSalle Bank standards and calls both for a reexamination of the theoretical foundations for the standards and for recognition that a theory based upon nineteenth century life may not accommodate the ecological realities of modern life.

Go to article

The Role Of The Judiciary In The Work Of Madame Justice Wilson, Christine Boyle Jul 1992

The Role Of The Judiciary In The Work Of Madame Justice Wilson, Christine Boyle

Dalhousie Law Journal

My topic is the role of the judiciary in the work of Madame Justice Wilson, but I am going to use a particular focus. I started with the famous lecture "Do Women Judges Really Make a Difference" delivered at Osgoode Hall Law School7 and it helped me think of a question. What is it that women judges might make a difference to? One answer is the law, another is judging itself. These themes were very clear in Madame Justice Wilson's lecture. Another answer, however, is the concept of woman. When women judges make a difference to law, part of what …

Go to article

An Alternative For Illinois Land Use Legislation, Clyde W. Forrest Jul 1992

An Alternative For Illinois Land Use Legislation, Clyde W. Forrest

Northern Illinois University Law Review

This article addresses the need for an interrelated planning component in Illinois land use law. Professor Forrest concludes that the existing legislative model is obsolete and fails to address common problems confronting decision makers. In order to remedy the legislative scheme, Professor Forrest proposes an Integrated Planning Model Act which will facilitate efficiency and consistency in managing land use at every level of government.

Go to article

Next Last