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Articles 31 - 60 of 107
Full-Text Articles in Law
The Constitution In The Supreme Court: Civil Rights And Liberties, 1930-1941, David P. Currie
The Constitution In The Supreme Court: Civil Rights And Liberties, 1930-1941, David P. Currie
Articles
This is the latest in Professor Currie's continuing series on the historical development of constitutional doctrine. In this article Professor Currie surveys the major decisions of the Supreme Court between 1930 and 1941 in the area of criminal procedure, civil rights and civil liberties. In the area of criminal procedure, Professor Currie concludes that in deciding what procedures were required or forbidden by due process, historical inquiry was displaced by a fundamental-rights test. In the area of civil liberties, Professor Currie concludes that the Court made modest progress. Finally, Professor Currie concludes that the Court's most important civil liberties work …
The Burger Court And The Political Process: Whose First Amendment?, Geoffrey R. Stone
The Burger Court And The Political Process: Whose First Amendment?, Geoffrey R. Stone
Articles
No abstract provided.
The Rule Of Law And The Role Of The Solicitor General, Michael W. Mcconnell
The Rule Of Law And The Role Of The Solicitor General, Michael W. Mcconnell
Articles
No abstract provided.
You Can't Tell The Players In Church-State Disputes Without A Scorecard, Michael W. Mcconnell
You Can't Tell The Players In Church-State Disputes Without A Scorecard, Michael W. Mcconnell
Articles
No abstract provided.
Changing Conceptions Of Administration, Cass R. Sunstein
Changing Conceptions Of Administration, Cass R. Sunstein
Articles
No abstract provided.
Excusing Harmless Errors In The Execution Of Wills: A Report On Australia's Tranquil Revolution In Probate Law, John H. Langbein
Excusing Harmless Errors In The Execution Of Wills: A Report On Australia's Tranquil Revolution In Probate Law, John H. Langbein
Articles
No abstract provided.
The Constitution In The Supreme Court: The Preferred-Position Debate, 1941-1946, David P. Currie
The Constitution In The Supreme Court: The Preferred-Position Debate, 1941-1946, David P. Currie
Articles
No abstract provided.
The Constitution In The Supreme Court: The New Deal, 1931-1940, David P. Currie
The Constitution In The Supreme Court: The New Deal, 1931-1940, David P. Currie
Articles
No abstract provided.
The Constitution In The Supreme Court: The Second World War, 1941-1946, David P. Currie
The Constitution In The Supreme Court: The Second World War, 1941-1946, David P. Currie
Articles
No abstract provided.
Religion And The Constitution: Eternal Hostility Against Every Form Of Tyranny Over The Mind Of Man Address, Philip B. Kurland
Religion And The Constitution: Eternal Hostility Against Every Form Of Tyranny Over The Mind Of Man Address, Philip B. Kurland
Articles
No abstract provided.
Loss Distribution, Forum Shopping, And Bankruptcy: A Reply To Warren, Douglas G. Baird
Loss Distribution, Forum Shopping, And Bankruptcy: A Reply To Warren, Douglas G. Baird
Articles
No abstract provided.
Legal Liability For Medical Innovation, Richard A. Epstein
Legal Liability For Medical Innovation, Richard A. Epstein
Articles
No abstract provided.
The Efficiency And The Efficacy Of Title Vii, Richard A. Posner
The Efficiency And The Efficacy Of Title Vii, Richard A. Posner
Articles
No abstract provided.
The Constitution As An Economic Document, Richard A. Posner
The Constitution As An Economic Document, Richard A. Posner
Articles
No abstract provided.
Commentary, The Federal Courts In The Next 100 Years, Paul M. Bator
Commentary, The Federal Courts In The Next 100 Years, Paul M. Bator
Articles
No abstract provided.
Constitutionalism After The New Deal, Cass R. Sunstein
Constitutionalism After The New Deal, Cass R. Sunstein
Articles
In recent years, the failure of administrative agencies to implement congressional programs faithfully and effectively has called into question the wisdom of the central institutional innovations of the New Deal: the expansion of the regulatory state and the shift in power from the states to the federal government. In this Article, Professor Sunstein challenges the New Deal more fundamentally, examining not only the institutional changes themselves, but also the shift in constitutional commitments that underlay those reforms. Professor Sunstein identifies three aspects of New Deal constitutionalism: the rejection of the original constitutional commitment to checks and balances in favor of …
The Beard Thesis And Franklin Roosevelt, Cass R. Sunstein
The Beard Thesis And Franklin Roosevelt, Cass R. Sunstein
Articles
No abstract provided.
Municipal Liability Under 1983: A Legal And Economic Analysis, Larry B. Kramer, Alan O. Sykes
Municipal Liability Under 1983: A Legal And Economic Analysis, Larry B. Kramer, Alan O. Sykes
Articles
No abstract provided.
The Boundaries Of Vicarious Liability: An Economic Analysis Of The Scope Of Employment Rule And Related Legal Doctrines, Alan O. Sykes
The Boundaries Of Vicarious Liability: An Economic Analysis Of The Scope Of Employment Rule And Related Legal Doctrines, Alan O. Sykes
Articles
No abstract provided.
Redesigning The Spouse's Forced Share, John H. Langbein, Lawrence W. Waggoner
Redesigning The Spouse's Forced Share, John H. Langbein, Lawrence W. Waggoner
Articles
This article discusses the history of the forced share, the justifications for it, and the uneven fit between the rule and the objectives, then proposes a new approach that would meet the objectives.
Beyond Reliance: Promissory Estoppel, Contract Formalities, And Misrepresentations, Randy E. Barnett, Mary E. Becker
Beyond Reliance: Promissory Estoppel, Contract Formalities, And Misrepresentations, Randy E. Barnett, Mary E. Becker
Articles
No abstract provided.
Promissory Estoppel Damages, Mary E. Becker
The First Amendment Jurisprudence Of Judge Robert H. Bork, Michael W. Mcconnell
The First Amendment Jurisprudence Of Judge Robert H. Bork, Michael W. Mcconnell
Articles
No abstract provided.
Judicial Trial Skills Training, Stephen Simon, Bertrand Poritsky
Judicial Trial Skills Training, Stephen Simon, Bertrand Poritsky
Articles
The University of Minnesota Law School and the Minnesota Supreme Court Office of Continuing Education for State Court Personnel have initiated a unique and dynamic Judicial Trial Skills Training Program. Newly appointed judges participate in videotaped simulated trials designed to present the participating judges with numerous evidentiary and trial relationship issues. The videotapes of these trials are reviewed and cri- tiqued by the participating judge and a senior judge to give the participat-' ingjudges immediate feedback on their performance. The review session is used to discuss the various skills that judges must develop in order to conduct fair and efficient …
Medicine And Law: Making Excellent Time But Lost, Judith T. Younger
Medicine And Law: Making Excellent Time But Lost, Judith T. Younger
Articles
No abstract provided.
Freeing Mortgages Of Merger, Ann Burkhart
A Research Guide To The Law Of Private Sector Labor-Management Relations, Laura J. Cooper
A Research Guide To The Law Of Private Sector Labor-Management Relations, Laura J. Cooper
Articles
The law of private sector labor management relations involves a technical subject matter and is further complicated by sometimes obscure jurisdictional standards. Researching the area is done most effectively using commercially published looseleaf services. Professor Cooper's guide explores the differences between the two major services, discusses other primary and secondary sources for labor law research and offers a research strategy for labor issues.
The Separation Of Powers Doctrine And The Regulatory Agencies After Bowsher V. Synar, Daniel J. Gifford
The Separation Of Powers Doctrine And The Regulatory Agencies After Bowsher V. Synar, Daniel J. Gifford
Articles
Bowsher v. Synar is the latest in a series of recent cases in which the Supreme Court has elaborated upon and applied the separation of powers doctrine. The Court has cast many of these decisions in wooden, overly conceptual terms, exposing the Court to criticism that it has imposed an elaborately refined organizational framework upon the federal government going vastly beyond the pragmatic intention of the Framers. Despite the inadequacy of the Court's reasoning, however, this Article contends that, overall, the Court's recent decisions possess an underlying merit: They contain the foundation upon which a new and coherent understanding of …
The Juvenile Court Meets The Principle Of The Offense: Legislative Changes In Juvenile Waiver Statutes, Barry C. Feld
The Juvenile Court Meets The Principle Of The Offense: Legislative Changes In Juvenile Waiver Statutes, Barry C. Feld
Articles
At its inception the juvenile court was characterized by procedural informality and individualized, offender-oriented dispositions. Subsequent to the U.S. Supreme Court's 'Gault' decision, which mandated procedural safeguards in the adjudication of delinquency, juvenile court procedures became more formal in the interest of protecting the rights of juveniles, but individualized, offender-oriented dispositions were preserved. The inability of proponents of juvenile rehabilitation to demonstrate the effectiveness of parens patriae intervention, however, has led an increasing number of States to incorporate 'just deserts' sentencing principles in their juvenile justice systems. This emphasis is evidenced in the waiver of juvenile offenders for criminal prosecution …
In Defense Of Administrative Agency Autonomy, A. Michael Froomkin
In Defense Of Administrative Agency Autonomy, A. Michael Froomkin
Articles
No abstract provided.