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Articles 31 - 60 of 218
Full-Text Articles in Law
Book Review (Reviewing Patrick Wormald, The Making Of English Law: King Alfred To The Twelfth Century (1999)), Richard H. Helmholz
Book Review (Reviewing Patrick Wormald, The Making Of English Law: King Alfred To The Twelfth Century (1999)), Richard H. Helmholz
Articles
No abstract provided.
Group Dynamics, Cass R. Sunstein
The Economics Of Tort Law: A Hurried And Partial Overview, Richard A. Epstein
The Economics Of Tort Law: A Hurried And Partial Overview, Richard A. Epstein
Articles
No abstract provided.
The Necessity For Constrained Deliberation, Richard A. Epstein
The Necessity For Constrained Deliberation, Richard A. Epstein
Articles
No abstract provided.
The Constitutional Perils Of Moderation: The Case Of The Boy Scouts, Richard A. Epstein
The Constitutional Perils Of Moderation: The Case Of The Boy Scouts, Richard A. Epstein
Articles
No abstract provided.
Hard Bargains And Real Steals: Land Use Exactions Revisited, Lee Anne Fennell
Hard Bargains And Real Steals: Land Use Exactions Revisited, Lee Anne Fennell
Articles
No abstract provided.
Bringing Politics Back In (Reviewing Lucas A. Powe, Jr., The Warren Court And American Politics (2000)), Gerald Rosenberg
Bringing Politics Back In (Reviewing Lucas A. Powe, Jr., The Warren Court And American Politics (2000)), Gerald Rosenberg
Articles
No abstract provided.
Contest And Consent: A Legal History Of Marital Rape, Jill Elaine Hasday
Contest And Consent: A Legal History Of Marital Rape, Jill Elaine Hasday
Articles
No abstract provided.
American Advice And New Constitutions Global Affairs Experiences, Cass R. Sunstein
American Advice And New Constitutions Global Affairs Experiences, Cass R. Sunstein
Articles
No abstract provided.
Commercial Norms And The Fine Art Of The Small Con: Comments On Daniel Keating's Exploring The Battle Of The Forms In Action, Douglas G. Baird
Commercial Norms And The Fine Art Of The Small Con: Comments On Daniel Keating's Exploring The Battle Of The Forms In Action, Douglas G. Baird
Articles
No abstract provided.
The Parental Rights Of Minors, Emily Buss
Understanding The Resemblance Between Modern And Traditional Customary International Law, Eric A. Posner, Jack L. Goldsmith
Understanding The Resemblance Between Modern And Traditional Customary International Law, Eric A. Posner, Jack L. Goldsmith
Articles
No abstract provided.
Regulatory Competition Or Regulatory Harmonization - A Silly Question, Alan O. Sykes
Regulatory Competition Or Regulatory Harmonization - A Silly Question, Alan O. Sykes
Articles
The debate over 'competition versus harmonization' in regulatory policy often confuses the pertinent alternatives. This comment argues that neither pure regulatory competition nor complete regulatory harmonization is desirable or feasible where important international cross-border effects of regulation arise. Instead, a considerable degree of cooperation is almost always needed, yet non-homogeneity of regulatory policies is almost always desirable as well. This proposition holds virtually regardless of the subject matter of regulation.
Copyright, Borrowed Images, And Appropriation Art: An Economic Approach, William M. Landes
Copyright, Borrowed Images, And Appropriation Art: An Economic Approach, William M. Landes
Articles
No abstract provided.
Voting With Intensity, Saul Levmore
Voting With Intensity, Saul Levmore
Articles
Can intense preferences be accommodated in voting schemes without shifting power to wealthier citizens and organized interests? This article first situates the question within the larger issue of the inalienability of some legal rights, and then focuses on collective action problems among voters. These problems offer a way to explain our present rules and intuitions regarding vote buying and related matters in areas ranging from corporate law to associations and to campaign finance reform. But in large-scale general elections, collective action problems are likely to doom strategies for extracting information about intense preferences, and they may even produce perverse results. …
Gaps In International Legal Literature What's Wrong With International Law Scholarship, Lyonette Louis-Jacques
Gaps In International Legal Literature What's Wrong With International Law Scholarship, Lyonette Louis-Jacques
Articles
No abstract provided.
Focal Point Theory Of Expressive Law, Richard H. Mcadams
Focal Point Theory Of Expressive Law, Richard H. Mcadams
Articles
No abstract provided.
Using Technology To Educate The Public, Stephen M. Johnson
Using Technology To Educate The Public, Stephen M. Johnson
Articles
While the primary focus of any law faculty will always be its law students, the Internet and other new technologies enable law teachers to assume a central role in providing free legal education to the public. Although many schools are experimenting with distance learning and computer-assisted legal educa- tion to train law students, the real power of those tools may be their potential to facilitate public access to legal information. Traditionally, educating the general public has not been a primary responsibility of law professors, but today we have not only an opportunity, but an obligation, to develop computer-based legal education …
Assisted Living Resources On The Web, Robin Schard
The Death Of Privacy?, A. Michael Froomkin
The Death Of Privacy?, A. Michael Froomkin
Articles
The rapid deployment of privacy-destroying technologies by governments and businesses threatens to make informational privacy obsolete. The first part of this article describes a range of current technologies to which the law has yet to respond effectively. These include: routine collection of transactional data, growing automated surveillance in public places, deployment of facial recognition technology and other biometrics, cell-phone tracking, vehicle tracking, satellite monitoring, workplace surveillance, Internet tracking from cookies to "clicktrails", hardware-based identifiers, intellectual property-protecting "snitchware," and sense-enhanced searches that allow observers to see through everything from walls to clothes. The cumulative and reinforcing effect of these technologies may …
Reflections On The Fcc's Recent Approach To Structural Regulation Of The Electronic Mass Media, Lili Levi
Reflections On The Fcc's Recent Approach To Structural Regulation Of The Electronic Mass Media, Lili Levi
Articles
No abstract provided.
Legal Resources On Elder Abuse In The Institutional Setting, Robin Schard
Legal Resources On Elder Abuse In The Institutional Setting, Robin Schard
Articles
No abstract provided.
Internet And The Dormant Commerce Clause, The, Jack L. Goldsmith, Alan O. Sykes
Internet And The Dormant Commerce Clause, The, Jack L. Goldsmith, Alan O. Sykes
Articles
No abstract provided.
The Sounds Of Silence: The Libertarian Ethos Of Erisa Preemption, Stephen F. Befort, Christopher J. Kopka
The Sounds Of Silence: The Libertarian Ethos Of Erisa Preemption, Stephen F. Befort, Christopher J. Kopka
Articles
In the Winter of 1996, the Harvard Journal on Legislation published an article entitled in part, The Last Article About the Language of ERISA Preemption?' Absent the question mark, one might have thought it a bold (and hopefully accurate) statement. Yet, as the question mark suggests, no scholar has been able to provide the definitive answer regarding the scope of ERISA preemption.
The Doctrine Of Piercing The Veil In An Era Of Multiple Limited Liability Entities: An Opportunity To Codify The Test For Waiving Owners' Limited Liability Protection, John H. Matheson, Raymond B. Eby
The Doctrine Of Piercing The Veil In An Era Of Multiple Limited Liability Entities: An Opportunity To Codify The Test For Waiving Owners' Limited Liability Protection, John H. Matheson, Raymond B. Eby
Articles
The use of the corporate form of business organization has always provided a firm's owners/shareholders with a presumptive shield from personal liability for the debts of the business. Case-by-case exceptions to this limited-liability shield have developed in each state under the general rubric of “piercing the veil.” Courts and commentators alike have noted the vagueness of the piercing analysis and have questioned the appropriateness of some of the factors employed in that analysis. In addition, new forms of business entities, such as limited liability companies and limited liability partnerships, have been legislatively created over the past several decades, raising the …
The Easy Case For Derivatives Use: Advocating A Corporate Fiduciary Duty To Use Derivatives, Edward Adams, David E. Runkle
The Easy Case For Derivatives Use: Advocating A Corporate Fiduciary Duty To Use Derivatives, Edward Adams, David E. Runkle
Articles
This Article hypothesizes that directors have a duty to shareholders to investigate and evaluate how derivatives could minimize risk to their organization. Even more, corporations have a duty to use derivatives if overall portfolio risk will thereby be reduced. Part I of this Article defines and describes the major types of derivatives and explains how and why they are used. Part II investigates the risks of derivatives, comparing these risks to other investment instruments. Part III introduces a new conceptualization of derivatives through exploration of three issues surrounding their use: (1) brokers' liabilities to investors when financial losses result; (2) …
Why Does A Conservative Court Rule In Favor Of Liberal Government? The Cohen-Spitzer Analysis And The Constitutional Scheme, Daniel Gifford
Why Does A Conservative Court Rule In Favor Of Liberal Government? The Cohen-Spitzer Analysis And The Constitutional Scheme, Daniel Gifford
Articles
No abstract provided.
Unlocking The Mysteries Of Holy Trinity: Spirit, Letter, And History In Statutory Interpretation, Carol Chomsky
Unlocking The Mysteries Of Holy Trinity: Spirit, Letter, And History In Statutory Interpretation, Carol Chomsky
Articles
In 1892, the Supreme Court construed the Alien Contract Labor Act of 1885, which barred importation of “any alien” under contract to perform “labor or service of any kind,” as not prohibiting a New York church from hiring a British pastor to occupy its vacant pulpit. “[A] thing may be within the letter of the statute and yet not within the statute because not within its spirit, nor within the intention of its makers,” wrote Justice David Brewer in Holy Trinity Church v. United States. Brewer's opinion is a touchstone for those seeking to overcome plain statutory language, but is …
A Statutory Model For Corporate Constituency Concerns, Edward S. Adams, John H. Matheson
A Statutory Model For Corporate Constituency Concerns, Edward S. Adams, John H. Matheson
Articles
The modern corporation by its nature creates interdependencies with a variety of groups with whom the corporation has a legitimate concern, such as employees, customers, suppliers, and members of the communities in which the corporation operates. Corporate governance involves a system of contractual and fiduciary duties that influence directors and officers to make decisions consistent with defined obligations. This system requires that directors consider shareholders' interests first and foremost in making corporate decisions because the share-holders are the, "owners," of the corporation. Over the past several decades, a number of states have implemented this policy by enacting constituency statutes. These …
Not "If" But "How": Reflecting On The Aba Commission's Recommendations On Multidisciplinary Practice, John H. Matheson, Edward S. Adams
Not "If" But "How": Reflecting On The Aba Commission's Recommendations On Multidisciplinary Practice, John H. Matheson, Edward S. Adams
Articles
Multidisciplinary practice (MDP) has been aptly described as the, "most important issue facing the legal profession today." The American Bar Association's Commission on Multidisciplinary Practice (Commission) surprised most observers on June 8, 1999 by recommending that the American Bar Association (ABA) amend the Model Rules of Professional Conduct (Model Rules) to allow lawyers to combine with, and share fees with, other professionals within a single professional entity. Under the proposal, lawyers could create partnerships with accountants, developers, engineers, bankers, and all other professionals, thereby giving clients access to one-stop shopping at multidisciplinary firms.