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Full-Text Articles in Law
A Charitable Corporate Giving Justification For The Socially Responsible Investment Of Pension Funds: A Populist Argument For The Public Use Of Private Wealth, Edward S. Adams, Karl D. Knutsen
A Charitable Corporate Giving Justification For The Socially Responsible Investment Of Pension Funds: A Populist Argument For The Public Use Of Private Wealth, Edward S. Adams, Karl D. Knutsen
Articles
This Article proposes a novel justification for the socially responsible investment of pension funds based upon traditional principles of charitable corporate giving and populism. This Article asserts that the justifications employed by courts in the first half of the twentieth century to expand the direct benefit doctrine in the charitable corporate giving context provide a foundation for allowing socially responsible investing in the pension fund context today. In formulating this thesis, Part I of this Article surveys the present limitations placed upon pension fund fiduciaries in the context of socially responsible investing. Part II then describes the traditional legal model …
Fuzzifying The Natural Law--Legal Positivist Debate, Edward S. Adams, Torben Spaak
Fuzzifying The Natural Law--Legal Positivist Debate, Edward S. Adams, Torben Spaak
Articles
Legal scholars have long debated various theories of law. The debate between natural lawyers and legal positivists is case in point. This debate centers, as is well known, on the claim that there is a conceptual connection between law and morality. Natural law theorists maintain that there is such a connection, whereas legal positivists maintain that there isn't. The dialogue in this article details the respective positions of a natural law theorist, Naturalis, a legal positivist, Positivus, and a fuzzy logician, Multivalus, with regard to a case that arose in post-war Germany. As the dialogue highlights, fuzzy logic is a …
Strategic Approaches To Crime Prevention, Michael Tonry, David P. Farrington
Strategic Approaches To Crime Prevention, Michael Tonry, David P. Farrington
Articles
No abstract provided.
Sentencing Laws & Practices In France, Richard Frase
Lessons Of State Guideline Reforms, Richard Frase
State Sentencing Guidelines: Still Going Strong, Richard Frase
State Sentencing Guidelines: Still Going Strong, Richard Frase
Articles
No abstract provided.
Personal Jurisdiction In The Bankruptcy Context: A Need For Reform, Edward Adams, Rachel E. Iverson
Personal Jurisdiction In The Bankruptcy Context: A Need For Reform, Edward Adams, Rachel E. Iverson
Articles
This Article analyzes and evaluates the debate concerning a bankruptcy court's ability to assert personal jurisdiction over a foreign entity. Additionally, this Article advocates that the Bankruptcy Rules be amended to conform to the new federal long-arm statute, FRCP 4. More specifically, this Article asserts and demonstrates that: (1) the current status of the law in bankruptcy cases regarding personal jurisdiction is uncertain; (2) prior to the 1993 amendments to FRCP 4, some courts improperly broadened the jurisdiction of bankruptcy courts by allowing them to assert power over defendants by focusing on a defendant's nationwide contacts as opposed to contacts …
Violent Youth And Public Policy: A Case Study Of Juvenile Justice Law Reform, Barry C. Feld
Violent Youth And Public Policy: A Case Study Of Juvenile Justice Law Reform, Barry C. Feld
Articles
The purpose of this article by Feld was to examine the work of Minnesota's Juvenile Justice Task Force of 1994 in light of policy, case law, and prior task force recommendations. The author, a member and co-chair of the Task Force, analyzed revisions in the Minnesota juvenile justice adjudicatory system as it converged juvenile and criminal court adjudication procedures and philosophy. Ultimately, the recommendations of the Task Force were presented and accepted by the Minnesota legislature, and subsequently included Minnesota's 1994 Juvenile Crime Bill.
Review Essay, Daniel J. Gifford
Antitrust And Trade Issues: Similarities, Differences, And Relationships, Daniel J. Gifford
Antitrust And Trade Issues: Similarities, Differences, And Relationships, Daniel J. Gifford
Articles
The recent negotiations establishing the World Trade Organiza- tion ("WTO") are the latest of a series which have progressively lowered trade barriers since the end of World War 11.1 As trade barriers have been lowered, trade has increased, moving the world inexorably towards the free-trade ideal where goods and services move in response to demand.' This, of course, is the most efficient allocation of the world's resources, and has the effect of maximizing the world's wealth.' Within the United States, the recognized role of the antitrust laws is to ensure that the market is free to allocate resources in response …
Federalism, Efficiency, The Commerce Clause, And The Sherman Act: Why We Should Follow A Consistent Free-Market Policy, Daniel J. Gifford
Federalism, Efficiency, The Commerce Clause, And The Sherman Act: Why We Should Follow A Consistent Free-Market Policy, Daniel J. Gifford
Articles
The focus of the dormant commerce clause is on free trade among the states. Indeed, the Supreme Court, borrowing from the vocabulary of European integration, frequently asserts that the dormant commerce clause calls for an American "common market." 1 Borrowing from the language of international trade, the Court invalidates state or local legislation which is "protectionist." 2 This focus is consistent with the purpose of the Framers, who sought to prevent economic barriers to trade from threatening the new political order established by the United States Constitution. Stated in a more positive vein, the free-trade objectives incorporated in the dormant …
The Jurisprudence Of Antitrust, Daniel J. Gifford
The Jurisprudence Of Antitrust, Daniel J. Gifford
Articles
ANTITRUST law is widely perceived to be the legal guardian of the competitive process. To the extent that it performs its role, the nation benefits. In the short-term, the nation benefits from a market process which efficiently allocates society's resources in accordance with consumer demand. In the long-term, the nation benefits as more efficient producers gradually replace less efficient producers, thus lowering the cost and increasing the supply of goods and services.
Judicial Waiver Policy And Practice: Persistence, Seriousness And Race, Marcy Rasmussen Podkopacz, Barry C. Feld
Judicial Waiver Policy And Practice: Persistence, Seriousness And Race, Marcy Rasmussen Podkopacz, Barry C. Feld
Articles
One of the most controversial contemporary criminal policy issues is whether serious or chronic young offenders should be tried and sentenced as juveniles or adults. Defining the boundary between juvenile and criminal courts depends upon the answers to a host of inter-related questions: Who are serious juvenile offenders? On the basis of what characteristics are they identified? Who should decide which system will deal with them and why? Does it make any difference, either symbolically or in terms of public safety, whether states try and sentence some youths as juveniles or adults? The diversity of legislative strategies to resolve these …
Judicial Ethics Simulation Based Training, Stephen M. Simon, Maury S. Landsman
Judicial Ethics Simulation Based Training, Stephen M. Simon, Maury S. Landsman
Articles
The Judicial Ethics Education Project trains trial judges to be aware of ethical issues that arise in the trial process. The project employs case simulations that raise ethical and management issues requiring immediate attention during the course of a trial. The goal of the project is to provide sitting judges with a basis on which to make similar decisions during trials. The project grew out of and is incorporated into the Minnesota Judicial Trial Skills Training Program ("MJTSTP") at the University of Minnesota, which was created in 1986 by Professor Steve Simon and Judge Bertrand Portisky and is mandatory for …