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Articles 61 - 90 of 103
Full-Text Articles in Law
Filters And The First Amendment, R. Polk Wagner
Filters And The First Amendment, R. Polk Wagner
All Faculty Scholarship
Internet content filters -- promising a technological solution to the uniquely social problem of widespread availability of adults-only content on the Internet -- appear to shift the debate over control of "cyberporn" from the legislative to the technical. Yet a growing number of commentators are expressing serious reservations about the free speech implications of filters. In this Article, I note that the ever-changing relationship between technology, network economics, and legal doctrine in the new economic and ideological marketplace of Cyberspace will fundamentally impact any constitutional analysis. I argue that the existing literature's analytic reliance on expansive concepts of state action …
In Vento Scribere: The Intersection Of Cyberspace And Patent Law, Max Oppenheimer
In Vento Scribere: The Intersection Of Cyberspace And Patent Law, Max Oppenheimer
All Faculty Scholarship
No abstract provided.
Drug Treatment Courts: Evolution, Evaluation, And Future Directions, Gloria Danziger, Jeffrey Kuhn
Drug Treatment Courts: Evolution, Evaluation, And Future Directions, Gloria Danziger, Jeffrey Kuhn
All Faculty Scholarship
No abstract provided.
Is There A Caring Crisis?, Amy L. Wax
The Scope Of Private Securities Litigation: In Search Of Liability Standards For Secondary Defendants, Jill E. Fisch
The Scope Of Private Securities Litigation: In Search Of Liability Standards For Secondary Defendants, Jill E. Fisch
All Faculty Scholarship
Recent federal court decisions have struggled to apply the Supreme Court's decision in Central Bank v. First Interstate to determine when outside professionals should be held liable as primary violators under section IO(b) of the Securities Exchange Act. In keeping with the Court's current interpretive methodology, Central Bank and its progeny employ a textualist approach. In this Article, Professor Fisch argues that literal textualism is an inappropriate approach for interpreting the federal securities laws generally and misguided in light of legislative developments post-dating the Central Bank decision. Instead, Professor Fisch advocates an approach that weighs Congress 's recent endorsement of …
Speaking Truth To Powerlessness, Howard Lesnick
Speaking Truth To Powerlessness, Howard Lesnick
All Faculty Scholarship
No abstract provided.
The Legalization Of The Presidencey: A Twenty-Five Year Watergate Retrospective, Michael A. Fitts
The Legalization Of The Presidencey: A Twenty-Five Year Watergate Retrospective, Michael A. Fitts
All Faculty Scholarship
No abstract provided.
Not So Hard (And Not So Special), After All: Comments On Zimring's "The Hardest Of The Hard Cases", Stephen J. Morse
Not So Hard (And Not So Special), After All: Comments On Zimring's "The Hardest Of The Hard Cases", Stephen J. Morse
All Faculty Scholarship
No abstract provided.
The Effect Of Offer-Of-Settlement Rules On The Terms Of Settlement, Lucian Arye Bebchuk, Howard F. Chang
The Effect Of Offer-Of-Settlement Rules On The Terms Of Settlement, Lucian Arye Bebchuk, Howard F. Chang
All Faculty Scholarship
No abstract provided.
Assignments Of International Interests In Mobile Equipment And Related Receivables Under The Unidroit Convention: When Should The Tail Wag The Dog?, Charles W. Mooney Jr.
Assignments Of International Interests In Mobile Equipment And Related Receivables Under The Unidroit Convention: When Should The Tail Wag The Dog?, Charles W. Mooney Jr.
All Faculty Scholarship
No abstract provided.
Preempting Oneself: The Right And The Duty To Forestall One's Own Wrongdoing, Leo Katz
Preempting Oneself: The Right And The Duty To Forestall One's Own Wrongdoing, Leo Katz
All Faculty Scholarship
Economists and philosophers working on problems of rational choice have for some time been concerned with various puzzles raised by so-called "Ullysean" configurations: actors who rationally cause themselves to act irrationally. (e.g., the person who swallows Thomas Schelling's famous irrationality pill to preempt an attempted robbery). What has attracted less attention is that these configurations present fascinating problems for morality, most especially for non-consequentialist morality. This article undertakes the exploration of some of these problems and the implications they hold for the morality of preemptive detention, preemptive self-defense, the creation of prophylactic crimes (like our drug laws) and a variety …
Lying To Protect Privacy, Anita L. Allen
Lying To Protect Privacy, Anita L. Allen
All Faculty Scholarship
No abstract provided.
The Market Revolution In Bank And Insurance Firm Governance: Its Logic And Limits, David A. Skeel Jr.
The Market Revolution In Bank And Insurance Firm Governance: Its Logic And Limits, David A. Skeel Jr.
All Faculty Scholarship
No abstract provided.
The Genius Of The 1898 Bankruptcy Act, David A. Skeel Jr.
The Genius Of The 1898 Bankruptcy Act, David A. Skeel Jr.
All Faculty Scholarship
No abstract provided.
Discrimination As Accident, Amy L. Wax
Discrimination As Accident, Amy L. Wax
All Faculty Scholarship
This Article seeks to examine how the law should respond to unconscious or automatic forms of cognitive bias that are thought to produce less favorable treatment of employees in the workplace because of race or sex ("unconscious disparate treatment"). Assuming that inadvertent bias is a form of workplace "accident," and using familiar principles of accident law and economic analysis, the Article concludes that extending the framework created by existing anti-discrimination laws to cover disparate treatment that stems from unconscious group-based biases is not a good idea because it is unlikely to serve the principal goals of a liability scheme (deterrence, …
How Successful Was The Revision Of Ucc Article 9?: Reflections Of The Reporters, Steven L. Harris, Charles W. Mooney Jr.
How Successful Was The Revision Of Ucc Article 9?: Reflections Of The Reporters, Steven L. Harris, Charles W. Mooney Jr.
All Faculty Scholarship
No abstract provided.
Of False Teeth And Biting Critiques: Jones V. Fisher In Context, Regina Austin
Of False Teeth And Biting Critiques: Jones V. Fisher In Context, Regina Austin
All Faculty Scholarship
No abstract provided.
Jurisdiction To Adjudicate: End Of The Century Or Beginning Of The Millennium?, Stephen B. Burbank
Jurisdiction To Adjudicate: End Of The Century Or Beginning Of The Millennium?, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Neither Desert Nor Disease, Stephen J. Morse
Neither Desert Nor Disease, Stephen J. Morse
All Faculty Scholarship
No abstract provided.
Is There Justice In Children's Rights?: The Critique Of Federal Family Preservation Policy, Dorothy E. Roberts
Is There Justice In Children's Rights?: The Critique Of Federal Family Preservation Policy, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Foreword: Race, Vagueness, And The Social Meaning Of Order-Maintenance Policing, Dorothy E. Roberts
Foreword: Race, Vagueness, And The Social Meaning Of Order-Maintenance Policing, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
The Challenge Of Substance Abuse For Family Preservation Policy, Dorothy E. Roberts
The Challenge Of Substance Abuse For Family Preservation Policy, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Waiting For The Omelet To Set: Match-Specific Assets And Minority Oppression In The Close Corporation, Edward B. Rock, Michael L. Wachter
Waiting For The Omelet To Set: Match-Specific Assets And Minority Oppression In The Close Corporation, Edward B. Rock, Michael L. Wachter
All Faculty Scholarship
No abstract provided.
Comparative Corporate Governance And The Theory Of The Firm: The Case Against Global Cross Reference, William W. Bratton, Joseph A. Mccahery
Comparative Corporate Governance And The Theory Of The Firm: The Case Against Global Cross Reference, William W. Bratton, Joseph A. Mccahery
All Faculty Scholarship
Professors Bratton and McCahery take up the main questions addressed by the literature on comparative corporate governance: whether national governance systems can be expected to converge in the near future, and whether the focal point of that convergence will be a new, hybrid governance system comprised of the best practices drawn from different systems. This Article advances the view that neither global convergence that eliminates systemic differences nor the emergence of a hybrid best practice safely can be projected because each national governance system is a system to a significant extent. Each system, rather than consisting of a loose collection …
Social Contract Theory In American Case Law, Anita L. Allen
Social Contract Theory In American Case Law, Anita L. Allen
All Faculty Scholarship
No abstract provided.
A Little Theory Is A Dangerous Thing: The Myth Of Adjudicative Retroactivity, Kermit Roosevelt Iii
A Little Theory Is A Dangerous Thing: The Myth Of Adjudicative Retroactivity, Kermit Roosevelt Iii
All Faculty Scholarship
The article analyzes the question of the retroactive effect of judicial decisions. It surveys the history of retroactivity doctrine to demonstrate that the current approach to retroactivity jurisprudence is a consequence of the Warren Court's adoption of the principle that parties should be governed by the law in effect at the time of their actions. This principle leads to a theoretical framework that suffers from serious difficulties. In particular, it is unable to distinguish between cases presented on direct and collateral review, and consequently unable to reach a satisfactory treatment of habeas petitions based on changes in law. The article …
Crazy Reasons, Stephen J. Morse
Personal Fulfillment In The Changing World Of Law Practice: Opportunities And Obstacles, Howard Lesnick
Personal Fulfillment In The Changing World Of Law Practice: Opportunities And Obstacles, Howard Lesnick
All Faculty Scholarship
No abstract provided.
The Medium Is The Mistake: The Law Of Software For The First Amendment, R. Polk Wagner
The Medium Is The Mistake: The Law Of Software For The First Amendment, R. Polk Wagner
All Faculty Scholarship
Is computer software ? code written by humans that instructs a computer to perform certain tasks ? protected by the First Amendment? The answer to this question will significantly impact the course of future technological regulation, and will affect the scope of free expression rights in new media. In this note, I attempt to establish a framework for analysis, noting at the outset that the truly important question in this context is the threshold question: what is "speech or . . . the press"? I first describe two general ways that the Supreme Court has addressed the threshold question. One …
Deadweight Costs And Intrinsic Wrongs Of Nativism: Economics, Freedom, And Legal Suppression Of Spanish, William W. Bratton, Drucilla L. Cornell
Deadweight Costs And Intrinsic Wrongs Of Nativism: Economics, Freedom, And Legal Suppression Of Spanish, William W. Bratton, Drucilla L. Cornell
All Faculty Scholarship
No abstract provided.