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Articles 1 - 19 of 19
Full-Text Articles in Law
Unfunded Mandates, Hidden Taxation, And The Tenth Amendment: On Public Choice, Public Interest, And Public Services, Edward A. Zelinsky
Unfunded Mandates, Hidden Taxation, And The Tenth Amendment: On Public Choice, Public Interest, And Public Services, Edward A. Zelinsky
Articles
Few contemporary issues concern state and local policymakers as intensely as unfunded mandates. Mayors, county executives, city councilmen, and the professional associations representing them routinely argue that the federal and state governments have, in recent years, imposed at an accelerating rate expensive requirements on municipalities without granting corresponding funds for compliance, thereby irresponsibly straining the fiscal capacity of municipalities, hampering their ability to provide essential services, and improperly infringing upon the scope of local control. The complaints of municipal policymakers have provoked a variety of proposals for restraining unfunded mandates: obligatory disclosure of the projected costs of proposed mandates, requirements …
The Classification Veto In Single-Asset Cases Under Bankruptcy Code Section 1129(A)(10), David G. Carlson
The Classification Veto In Single-Asset Cases Under Bankruptcy Code Section 1129(A)(10), David G. Carlson
Articles
No abstract provided.
Restraints On Alienation Of Human Capital, Stewart E. Sterk
Restraints On Alienation Of Human Capital, Stewart E. Sterk
Articles
No abstract provided.
In Pursuit Of The Counter-Text: The Turn To The Jewish Legal Model In Contemporary American Legal Theory, Suzanne Last Stone
In Pursuit Of The Counter-Text: The Turn To The Jewish Legal Model In Contemporary American Legal Theory, Suzanne Last Stone
Articles
Beginning with Professor Robert Cover's Nomos and Narrative, contemporary American legal scholars have increasingly turned, implicitly or more directly, to the Jewish legal tradition as an example of a legal system in which law is defined not by reference to the authority and power of the State, but rather by the commitment of a legal community to voluntarily-accepted legal obligations. These scholars depict the Jewish legal system as having successfully confronted - and resolved - several central dilemmas currently facing American law by maintaining a coherent legal system while accepting behavioral and interpretive pluralism. In this Article, Professor Stone shows …
Postpetition Security Interests Under The Bankruptcy Code, David G. Carlson
Postpetition Security Interests Under The Bankruptcy Code, David G. Carlson
Articles
Section 364(c) and (d) of the Bankruptcy Code provides for the creation of security interests in real and personal property under federal law. In this Article, David Gray Carlson discusses the quality and nature of these federal security interests, their remarkable immunity from reversal on appeal, and the ability of postpetition lenders to obtain preferences over other creditors through "cross-collateralization" clauses and the like.
On The Margins Of Microeconomics, David G. Carlson
Gynaetopia: Feminine Genealogies Of Common Law, Peter Goodrich
Gynaetopia: Feminine Genealogies Of Common Law, Peter Goodrich
Articles
No abstract provided.
Comparing Broadcast Structures: Transnational Perspectives And Post-Communist Examples, Monroe E. Price
Comparing Broadcast Structures: Transnational Perspectives And Post-Communist Examples, Monroe E. Price
Articles
No abstract provided.
Modern Constitutionalism As Interplay Between Identity And Diversity: An Introduction, Michel Rosenfeld
Modern Constitutionalism As Interplay Between Identity And Diversity: An Introduction, Michel Rosenfeld
Articles
No abstract provided.
James Madison And Public Choice At Gucci Gulch: A Procedural Defense Of Tax Expenditures And Tax Institutions, Edward A. Zelinsky
James Madison And Public Choice At Gucci Gulch: A Procedural Defense Of Tax Expenditures And Tax Institutions, Edward A. Zelinsky
Articles
Few academic doctrines can claim the intellectual and political success of tax expenditure analysis. In roughly a generation's time, Professor Surrey's procedural and substantive critique of tax subsidies has become entrenched in the law school curriculum and in legal scholarship. More impressively, the tax expenditure concept has been enshrined in federal law and become part of the daily discourse of the national budget process.
Transitional Constitutions, Arthur J. Jacobson
Jacob Burns And The Institute For Advanced Legal Studies, David G. Carlson
Jacob Burns And The Institute For Advanced Legal Studies, David G. Carlson
Articles
No abstract provided.
Purchase Money Under The Uniform Commercial Code, David G. Carlson
Purchase Money Under The Uniform Commercial Code, David G. Carlson
Articles
No abstract provided.
The Copenhagen Document: Intervention In Support Of Democracy, Malvina Halberstam
The Copenhagen Document: Intervention In Support Of Democracy, Malvina Halberstam
Articles
No abstract provided.
The Myth That Israel's Presence In Judea And Samaria Is Comparable To Iraq's Presence In Kuwait, Malvina Halberstam
The Myth That Israel's Presence In Judea And Samaria Is Comparable To Iraq's Presence In Kuwait, Malvina Halberstam
Articles
No abstract provided.
Executive Autonomy, Judicial Authority And The Rule Of Law: Reflections On Constitutional Interpretation And The Separation Of Powers, Michel Rosenfeld
Executive Autonomy, Judicial Authority And The Rule Of Law: Reflections On Constitutional Interpretation And The Separation Of Powers, Michel Rosenfeld
Articles
No abstract provided.
Three Lessons From Law And Literature, Richard H. Weisberg
Three Lessons From Law And Literature, Richard H. Weisberg
Articles
No abstract provided.
Imposing Unified Executive Branch Statutory Interpretation, Michael Herz
Imposing Unified Executive Branch Statutory Interpretation, Michael Herz
Articles
No abstract provided.
Judaism And Postmodernism, Suzanne Last Stone