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Articles 61 - 90 of 111
Full-Text Articles in Law
The Inside Counsel Movement, Professional Judgment And Organizational Representation, Robert Eli Rosen
The Inside Counsel Movement, Professional Judgment And Organizational Representation, Robert Eli Rosen
Articles
No abstract provided.
Corporate Debt Relationships: Legal Theory In A Time Of Restructuring, William Wilson Bratton
Corporate Debt Relationships: Legal Theory In A Time Of Restructuring, William Wilson Bratton
Articles
No abstract provided.
The Political Economy Of Barry Commoner, James E. Krier
The Political Economy Of Barry Commoner, James E. Krier
Articles
The centerpiece of what follows is an article by Barry Commoner that appeared in The New Yorker magazine in 1987.' The article, although an essentially popular work, is for several reasons worth the attention of a community professionally interested in law and the environment. First, it distills and supplements views that Commoner has advanced with much prominence throughout the life-twenty years to date-of the environmental movement in the United States. Thus it provides an opportunity for the present generation's students of environmental law, many of whom seem to know nothing of Commoner and his ideas, to become familiar with a …
Commentary On 'Multiemployer Bargaining Rules': The Limitations Of A Strictly Economic Analysis, Theodore J. St. Antoine
Commentary On 'Multiemployer Bargaining Rules': The Limitations Of A Strictly Economic Analysis, Theodore J. St. Antoine
Articles
Labor law bulks large on the docket of the United States Supreme Court. Yet never would I have included Charles D. Bonanno Linen Service, Inc. v. NLRB, dealing with the seemingly mundane issue of an employer's right to withdraw from multiemployer bargaining, in the select company of cases addressing such pulse-quickening subjects as affirmative action, picketing as free speech, and union antitrust liability. Professor Douglas Leslie's elegant and provocative article shows just how wrong I was--or at least just how far imaginative analysis can go toward seeing a world in a grain of sand. I lay no claim to expertise …
Copyright Legislation And Technological Change, Jessica D. Litman
Copyright Legislation And Technological Change, Jessica D. Litman
Articles
Throughout its history, copyright law has had difficulty accommodating technological change. Although the substance of copyright legislation in this century has evolved from meetings among industry representatives whose avowed purpose was to draft legislation that provided for the future,6 the resulting statutes have done so poorly. The language of copyright statutes has been phrased in fact-specific language that has grown obsolete as new modes and mediums of copyrightable expression have developed. Whatever copyright statute has been on the books has been routinely, and justifiably, criticized as outmoded.7 In this Article, I suggest that the nature of the legislative process we …
Hegel And The Dialectics Of Contract, Michel Rosenfeld
Reaction To Terrorism: A Jewish Law Caveat, J. David Bleich
Reaction To Terrorism: A Jewish Law Caveat, J. David Bleich
Articles
No abstract provided.
Judges Against Juries—Appellate Review Of Federal Civil Jury Verdicts, Eric Schnapper
Judges Against Juries—Appellate Review Of Federal Civil Jury Verdicts, Eric Schnapper
Articles
This Article seeks to assess the treatment of civil jury verdicts by the federal courts of appeals during the two decades in which the Supreme Court has refused to scrutinize the actions of the circuit courts. Part I summarizes the manner in which the Supreme Court, prior to 1968, aggressively enforced the seventh amendment. Part II, focusing on a one-year period between the fall of 1984 and the fall of 1985, describes the actions of the courts of appeals in resolving the 208 reported cases in which a party challenged the sufficiency of the evidence to support a jury verdict. …
Statutory Damage Caps Are An Incomplete Reform: A Proposal For Attorney Fee Shifting In Tort Actions, Gregory A. Hicks
Statutory Damage Caps Are An Incomplete Reform: A Proposal For Attorney Fee Shifting In Tort Actions, Gregory A. Hicks
Articles
The premise of this article is that the currently unsettled status of noneconomic damage awards offers an opportunity to reexamine the function of such awards, and to move tort law in the direction of more stable and rational remedies, something that could not be achieved either under recently adopted damage cap statutes or through the reinstatement of unrestricted compensation of noneconomic losses.
This article has two parts. In the first part, the ambiguous role of noneconomic damages, that is, their function as makeweight compensation for noncompensable litigation expenses and as compensation for real intangible injuries, is described. This ambiguity has …
The High Seas And The International Seabed Area, Bernard H. Oxman
The High Seas And The International Seabed Area, Bernard H. Oxman
Articles
No abstract provided.
The Foreign Sovereign Immunities Act And Act Of State, Malvina Halberstam
The Foreign Sovereign Immunities Act And Act Of State, Malvina Halberstam
Articles
No abstract provided.
Arguing From Necessity: A Comment On "Hegel And The Crisis Of Private Law", Charles M. Yablon
Arguing From Necessity: A Comment On "Hegel And The Crisis Of Private Law", Charles M. Yablon
Articles
No abstract provided.
Hegel’S Answers To Questions We Know Not How To Ask, J. David Bleich
Hegel’S Answers To Questions We Know Not How To Ask, J. David Bleich
Articles
No abstract provided.
The Advance Fee Payment Dilemma: Should Payments Be Deposited To The Client Trust Account Or To The General Office Account?, Lester Brickman
The Advance Fee Payment Dilemma: Should Payments Be Deposited To The Client Trust Account Or To The General Office Account?, Lester Brickman
Articles
No abstract provided.
Contradiction And Critical Legal Studies, David G. Carlson
Contradiction And Critical Legal Studies, David G. Carlson
Articles
No abstract provided.
Poison Pills And Litigation Uncertainty, Charles M. Yablon
Poison Pills And Litigation Uncertainty, Charles M. Yablon
Articles
No abstract provided.
The Federal Court In Idaho, 1889-1907: The Appointment And Tenure Of James H. Beatty, Idaho's First District Court Judge, Monique C. Lillard
The Federal Court In Idaho, 1889-1907: The Appointment And Tenure Of James H. Beatty, Idaho's First District Court Judge, Monique C. Lillard
Articles
No abstract provided.
Discipline Of Clear Expression, Donald L. Burnett Jr.
The Latest Turn Of The Screw In Estate Planning: The Legislative Attack On Disproportionate Transfers, John A. Miller
The Latest Turn Of The Screw In Estate Planning: The Legislative Attack On Disproportionate Transfers, John A. Miller
Articles
No abstract provided.
Hegel's Legal Plenum, Arthur J. Jacobson
Unsecured Claims Under Bankruptcy Code Sections 506(A) And 1111(B): Second Looks At Judicial Valuations Of Collateral, David G. Carlson
Unsecured Claims Under Bankruptcy Code Sections 506(A) And 1111(B): Second Looks At Judicial Valuations Of Collateral, David G. Carlson
Articles
No abstract provided.
Where Guesses Come From: Evolutionary Epistemology And The Anomaly Of Guided Variation, Edward Stein
Where Guesses Come From: Evolutionary Epistemology And The Anomaly Of Guided Variation, Edward Stein
Articles
No abstract provided.
Is Abandoning State Action Asking Too Much Of The Constitution, Scott E. Sundby
Is Abandoning State Action Asking Too Much Of The Constitution, Scott E. Sundby
Articles
No abstract provided.
The Reasonable Doubt Rule And The Meaning Of Innocence, Scott E. Sundby
The Reasonable Doubt Rule And The Meaning Of Innocence, Scott E. Sundby
Articles
No abstract provided.
Hiring Ruled Contractual, Bill Gore, Douglas A. Kahn, Stan Shields
Hiring Ruled Contractual, Bill Gore, Douglas A. Kahn, Stan Shields
Articles
On December 29, 1988, the California Supreme Court decided Foley vs. Interactive Data Corp., perhaps the most eagerly awaited state supreme court decision in years. The Foley ruling, which immediately was hailed as a tremendous victory for California employers, eliminated punitive damage awards for many wrongfully terminated employees. That was good news for the employers. The decision, however, also provided employers with sobering news. Most significantly, the court ruled that employment relationships essentially are contracts, with terms created by the reasonable expectation of the parties. Thus, the majority of California employees now have a right to sue for breach …
Authority And Value: Reflections On Raz's Morality Of Freedom, Donald H. Regan
Authority And Value: Reflections On Raz's Morality Of Freedom, Donald H. Regan
Articles
Joseph Raz's The Morality of Freedom1 is full of subtle, original, and thought provoking arguments. It also manifests abundantly Raz's philosophical good sense and sensitivity to the complexities of the moral life. These are reasons enough to class it with the handful of genuinely important books whose appearance in the last two decades has constituted a renaissance in political philosophy. But in my opinion, Raz has another, and even stronger claim on our attention: He comes closer to the truth about political morality than anyone has for nearly a century. (Possibly much longer, but we need not attempt to decide …
A Skeptical Look At Contemporary Republicanism, Terrance Sandalow
A Skeptical Look At Contemporary Republicanism, Terrance Sandalow
Articles
A growing number of scholars have been led by that impulse to an interest in 'the republican tradition," arguing that it offers resources for correcting the deformities they perceive in contemporary life and for which they hold liberalism responsible. Republicanism is a mansion with many rooms, and its modem interpreters emphasize varying possibilities within it, but common to all is the vision of a politics that recognizes and seeks to strengthen the social bonds within a political community. Within the limits set by that vision differences abound, just as differences exist among liberals concerning appropriate political foundations for individual freedom. …
The Lesson Of The Owl And The Crows: The Role Of Deception In The Evolution Of The Environmental Statutes, William H. Rodgers, Jr.
The Lesson Of The Owl And The Crows: The Role Of Deception In The Evolution Of The Environmental Statutes, William H. Rodgers, Jr.
Articles
In this world of strategies and counterstrategies, the advantages of the good fake are not to be overlooked. Fakery is an indelible part of the landscape in settings where we readily accept the gaming metaphor—sporting events are the obvious examples. But I wish to emphasize how fakery and deception can play an important role in legal interactions as well, particularly in the writing of the environmental statutes. Environmental lawyers often are fond of borrowing examples from natural history to illustrate propositions of law. There is more to this practice than habit, it seems to me, because the natural laws of …
"Libelous" Petitions For Redress Of Grievances -- Bad Historiography Makes Worse Law, Eric Schnapper
"Libelous" Petitions For Redress Of Grievances -- Bad Historiography Makes Worse Law, Eric Schnapper
Articles
Both the majority and concurring opinions in McDonald v. Smith, 472 U.S. 479 (1985), concluded that there was no historical basis for McDonald's contention that the framers understood the right to petition to include an unqualified right to do so without being subject to suit for libel. This Article argues that the historical analysis in McDonaldis incorrect; indeed, this appears to be one instance in which the relevant historical materials are both voluminous and crystal clear.
Part I evaluates the McDonald Court's discussion of the intent of the framers. Subsequent sections discuss the wide variety of materials that …
Nonlawyers In The Business Of Law: Does The One Who Has The Gold Really Make The Rules?, Thomas R. Andrews
Nonlawyers In The Business Of Law: Does The One Who Has The Gold Really Make The Rules?, Thomas R. Andrews
Articles
For at least sixty years nonlawyers have been prohibited from offering their nonlegal talents in a business combination with lawyers practicing law. Moreover, when the ABA's new model rules were adopted in 1983, the ABA considered carefully but rejected a proposal that would have lifted the traditional ban on nonlawyer ownership of a law business. Nonetheless, the point of each article was that the relevant restrictions in the ethical rules are on their way out.
Commentators have given considerable attention to the unauthorized practice of law by nonlawyers, and to the offering of legal services by nonprofit institutions. The focus …