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Selected Works

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1995

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Articles 1 - 30 of 104

Full-Text Articles in Law

The Idea Of A Descriptive Equality: Lonergan Explains Jefferson, Patrick Brennan, John Coons Dec 2015

The Idea Of A Descriptive Equality: Lonergan Explains Jefferson, Patrick Brennan, John Coons

John Coons

No abstract provided.

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The Comparative Law And Economics Of Penalty Clauses In Contracts, Ugo Mattei Nov 1995

The Comparative Law And Economics Of Penalty Clauses In Contracts, Ugo Mattei

Ugo Mattei

No abstract provided.

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Dangerous! Our Focus Should Be Analysis Not Formulas Like Irac, Jane Kent Gionfriddo Oct 1995

Dangerous! Our Focus Should Be Analysis Not Formulas Like Irac, Jane Kent Gionfriddo

Jane Kent Gionfriddo

No abstract provided.

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Introduction - Conference On The Constitutional Law And Economics Of The European Union, Robert D. Cooter, Dieter Schmidtchen Oct 1995

Introduction - Conference On The Constitutional Law And Economics Of The European Union, Robert D. Cooter, Dieter Schmidtchen

Robert Cooter

No abstract provided.

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Risky Reform, David A. Wirth, Ellen Silbergeld Oct 1995

Risky Reform, David A. Wirth, Ellen Silbergeld

David A. Wirth

No abstract provided.

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The Flexible Doctrine Of Spoliation Of Evidence: Cause Of Action Defense, Evidentiary Presumption And Discovery Sanction, Robert Tucker Sep 1995

The Flexible Doctrine Of Spoliation Of Evidence: Cause Of Action Defense, Evidentiary Presumption And Discovery Sanction, Robert Tucker

Robert Tucker

No abstract provided.

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Heartless World Revisited: Christopher Lasch's Parting Polemic Against The New Class, Kenneth Anderson Sep 1995

Heartless World Revisited: Christopher Lasch's Parting Polemic Against The New Class, Kenneth Anderson

Kenneth Anderson

This obituary essay on the final book by the cultural critic Christopher Lasch appeared in the Times Literary Supplement in 1995. The essay examines Lasch's final work, The Revolt of the Elites, against the rest of his body of writing. In particular, it examines Lasch's populism and stance against the increasingly transnatonal elites loosely characterized as the New Class. It discusses Lasch's emphasis on the family as the locus of what remained a significantly Freudian cultural discourse, and examines the ways in which Lasch saw the family as being taken apart and then reassembled according to the mores of the …

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Our Natural Selves (Review Of Luc Ferry, The New Ecological Order, And Michael Zimmerman, Contesting Earth's Future: Radical Ecology And Postmodernity), Kenneth Anderson Sep 1995

Our Natural Selves (Review Of Luc Ferry, The New Ecological Order, And Michael Zimmerman, Contesting Earth's Future: Radical Ecology And Postmodernity), Kenneth Anderson

Kenneth Anderson

This 1995 Times Literary Supplement essay examines two books on the underlying philosophies of the ecology and environmentalism movements. The first, by Sorbonne professor and lately French Minister of Culture Luc Ferry, offers a critique of ecological philosophies that seek to de-privilege humanity in favor of a larger conception of nature. Ferry writes in a breezy, witty style which has at its aim reasserting liberal humanism and its human-centered ethic as against any ethic that treats human beings as merely species or merely thing within nature. The review argues that Ferry goes over the top in making his case, however, …

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The Idea Of A Descriptive Equality: Lonergan Explains Jefferson, Patrick Mckinley Brennan, John E. Coons Jul 1995

The Idea Of A Descriptive Equality: Lonergan Explains Jefferson, Patrick Mckinley Brennan, John E. Coons

Patrick McKinley Brennan

No abstract provided.

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Competition Law And International Trade: The European Union And The Neo-Liberal Factor, David J. Gerber Jun 1995

Competition Law And International Trade: The European Union And The Neo-Liberal Factor, David J. Gerber

David J. Gerber

No abstract provided.

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Identity And Cultural Property: The Protection Of Cultural Property In The United States., Patty Gerstenblith Apr 1995

Identity And Cultural Property: The Protection Of Cultural Property In The United States., Patty Gerstenblith

Patty Gerstenblith

No abstract provided.

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The Mexican Crisis: Who Should Be A Country's Lender Of Last Resort?, Cynthia C. Lichtenstein Apr 1995

The Mexican Crisis: Who Should Be A Country's Lender Of Last Resort?, Cynthia C. Lichtenstein

Cynthia C. Lichtenstein

No abstract provided.

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Toward An Economics Of Comparative Political Organization: Examining Ministerial Responsibility, Matthew S. R. Palmer Mar 1995

Toward An Economics Of Comparative Political Organization: Examining Ministerial Responsibility, Matthew S. R. Palmer

The Hon Justice Matthew Palmer

This article takes a step toward developing a general theoretical framework for analyzing comparative constitutional design. The Westminster system of constitutional design is characterized as analogous to a centralized hierarchical organization preserved intact but subjected to franchise bidding, whereas the U.S. constitutional system is viewed as a structure for mediating spontaneous transactions between broken-up institutions. The article uses this framework to analyze four functions of the Westminster doctrines of ministerial responsibility and compares them to their analogous elements (or lack thereof) in the U.S. constitution. Ministerial responsibility is presented as crucial to constituting the hierarchy of primary agency relationships of …

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Specific Investment Under Negotiated Transfer Pricing: An Efficiency Result, Aaron S. Edlin, Stefan J. Reichelstein Mar 1995

Specific Investment Under Negotiated Transfer Pricing: An Efficiency Result, Aaron S. Edlin, Stefan J. Reichelstein

Aaron Edlin

In our model of negotiated transfer pricing, divisional managers can make specific investments that enhance the value of intrafirm trade. However, these investments are irreversible and must be made before divisional managers have enough information to determine the desired intrafirm transfer. We find that a system of negotiated transfer pricing will lead to efficient outcomes provided the divisions can sign fixed-price contracts prior to making their investment decisions. While these contracts are likely to be renegotiated after the relevant information becomes known, they nonetheless provide the divisions with effective protection for their specific investments.

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The Landscape Of Reason: A Scheme For Representing Arguments Concerning Environmental, Health And Safety Effects Of Chemical Weapons Disposal In The Us, R. Steven Konkel, Edward Liebow, Judith A. Bradbury, Kristi M. Branch, Judith Heerwagen, Jenniffer Leyson Mar 1995

The Landscape Of Reason: A Scheme For Representing Arguments Concerning Environmental, Health And Safety Effects Of Chemical Weapons Disposal In The Us, R. Steven Konkel, Edward Liebow, Judith A. Bradbury, Kristi M. Branch, Judith Heerwagen, Jenniffer Leyson

Steve Konkel

To reduce the risk of environmental contamination and honor an international treaty, chemical weapons stored at eight locales around the US are slated for destruction. Incineration is the main choice of a National Research Council committee directed by Congress to weigh the hazards of alternative destruction technologies, but many citizens' groups remain unconvinced. The US Army, which must dispose of the dangerous chemicals, faces decisions about the choice of destruction technologies, as well as more specific questions concerning protection of environment, safety and public health once the technology choices are made. Based on more than 200 individual interviews and 40 …

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The Magi Of The Great Salt Lake, Kenneth Anderson Mar 1995

The Magi Of The Great Salt Lake, Kenneth Anderson

Kenneth Anderson

This 1995 Times Literary Supplement (London) review examines John L. Brooke's impressive The Refiner's Fire: The Making of Mormon Cosmology 1644-1844. Brooke argues against long prevailing scholarship that, on the one hand, views Mormon theology as genuinely American and, on the other hand, understands it purely functionally - without regard for its theological content, but instead as a function of social pressures on impoverished populations in upstate New York from whence came Joseph Smith. The former view is incorrect, Brooke says, because the roots of Mormon theology lie in Europe in gnostic and splinters of the "radical reformation" that lay …

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The Effects Of Case Consolidation On The Procedural Rights Of Litigants: What They Are, What They Might Be, Part I: Justiciability And Jurisdiction (Original And Appellate), Joan E. Steinman Feb 1995

The Effects Of Case Consolidation On The Procedural Rights Of Litigants: What They Are, What They Might Be, Part I: Justiciability And Jurisdiction (Original And Appellate), Joan E. Steinman

Joan E. Steinman

No abstract provided.

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Double Jeopardy And The Fraudulently-Obtained Acquittal, David S. Rudstein Feb 1995

Double Jeopardy And The Fraudulently-Obtained Acquittal, David S. Rudstein

David S Rudstein

No abstract provided.

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The Effects Of Case Consolidation On The Procedural Rights Of Litigants: What They Are, What They Might Be, Part Ii: Non-Jurisdictional Matters, Joan E. Steinman Feb 1995

The Effects Of Case Consolidation On The Procedural Rights Of Litigants: What They Are, What They Might Be, Part Ii: Non-Jurisdictional Matters, Joan E. Steinman

Joan E. Steinman

No abstract provided.

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Biodiversity Federalism, A. Dan Tarlock Feb 1995

Biodiversity Federalism, A. Dan Tarlock

Dan Tarlock

No abstract provided.

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Excluding Reasons: Impossible Comparisons And The Law, Richard Warner Feb 1995

Excluding Reasons: Impossible Comparisons And The Law, Richard Warner

Richard Warner

No abstract provided.

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Impossible Comparisons And Rational Choice Theory, Richard Warner Feb 1995

Impossible Comparisons And Rational Choice Theory, Richard Warner

Richard Warner

No abstract provided.

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A Regime Of Social Death: Criminal Punishment In The Age Of Prisons, Stephen D. Sowle Feb 1995

A Regime Of Social Death: Criminal Punishment In The Age Of Prisons, Stephen D. Sowle

Stephen D. Sowle

No abstract provided.

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Access To The National Information Infrastructure, Henry H. Perritt Feb 1995

Access To The National Information Infrastructure, Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.

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Should Local Governments Sell Local Spatial Databases Through State Monopolies?, Henry H. Perritt Feb 1995

Should Local Governments Sell Local Spatial Databases Through State Monopolies?, Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.

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Sources Of Rights To Access Public Information, Henry H. Perritt Feb 1995

Sources Of Rights To Access Public Information, Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.

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The Fee Shifting Remedy: Panacea Or Placebo? (Foreward), Harold Krent Jan 1995

The Fee Shifting Remedy: Panacea Or Placebo? (Foreward), Harold Krent

Harold J. Krent

No abstract provided.

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Beyond Gender: Peremptory Challenges And The Roles Of The Jury, Nancy S. Marder Jan 1995

Beyond Gender: Peremptory Challenges And The Roles Of The Jury, Nancy S. Marder

Nancy S. Marder

No abstract provided.

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It Takes Two: Remodeling The Management And Control Provisions Of Community Property Law, Elizabeth De Armond Jan 1995

It Takes Two: Remodeling The Management And Control Provisions Of Community Property Law, Elizabeth De Armond

Elizabeth De Armond

No abstract provided.

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State Constitutional Torts: Deshaney, Reverse-Federalism And Community, Sheldon Nahmod Jan 1995

State Constitutional Torts: Deshaney, Reverse-Federalism And Community, Sheldon Nahmod

Sheldon Nahmod

No abstract provided.

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