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Articles 1 - 30 of 49
Full-Text Articles in Law
Justice, Bureaucracy, And Legal Method, Jospeh Vining
Justice, Bureaucracy, And Legal Method, Jospeh Vining
Articles
In the real world justice denied is not justice. Talking from the beginning about access to justice, rather than simply justice, emphasizes in a salutary way this commonplace of citizen and client. Justice that is inaccessible, delayed, refused does not just sit there glowing like a grail, which those separated from it may contemplate and yearn for. It is only in imagining that justice is available to someone, and in imagining what it would be like to be that someone, that one can see the thing as justice at all. To put it in economic terms, justice is not a …
Judicial Review Of Risk Assessments: The Role Of Decision Theory In Unscrambling The Benzene Decision, William H. Rodgers, Jr.
Judicial Review Of Risk Assessments: The Role Of Decision Theory In Unscrambling The Benzene Decision, William H. Rodgers, Jr.
Articles
[Reprinted in 13 Land Use & Envtl. L. Rev. 629-48 (1982).]
Book Review (Reviewing David M. Smith, Ed., English Episcopal Acta I: Lincoln 1067-1185 (1980)), Richard H. Helmholz
Book Review (Reviewing David M. Smith, Ed., English Episcopal Acta I: Lincoln 1067-1185 (1980)), Richard H. Helmholz
Articles
No abstract provided.
A Right To Every Woman's Evidence, Richard O. Lempert
A Right To Every Woman's Evidence, Richard O. Lempert
Articles
I am indeed honored to be here with you today, honored to be joining you next year as Iowa's first Mason Ladd Visiting Distinguished Professor of Law, and honored to be giving the first Mason Ladd Lecture. The honor lies not just in the recognition you accord me, but also in the linkage to the man in whose name this recognition is given.
The Proper Role Of A Target's Management In Responding To A Tender Offer, Frank H. Easterbrook, Daniel R. Fischel
The Proper Role Of A Target's Management In Responding To A Tender Offer, Frank H. Easterbrook, Daniel R. Fischel
Articles
Under existing federal and state law, a corporation's managers can resist and often defeat a premium tender offer without liability to either the corporation's shareholders or the unsuccessful tender offeror. Professors Easterbrook and Fischel argue that resistance by a corporation's managers to premium tender offers, even if it triggers a bidding contest, ultimately decreases shareholder welfare. Shareholders would be better off, the authors claim, were such resistance all but proscribed. The authors consider, but find wanting, a number of potential criticisms of their analysis; they conclude by proposing a rule of mangerial passivity capable of controlling resistance in actual cases.
State Pollution Statutes, David P. Currie
The Constitution In The Supreme Court: 1789-1801, David P. Currie
The Constitution In The Supreme Court: 1789-1801, David P. Currie
Articles
No abstract provided.
Rescuing Some Antitrust Law: An Essay On Vertical Restrictions And Consumer Information, Saul Levmore
Rescuing Some Antitrust Law: An Essay On Vertical Restrictions And Consumer Information, Saul Levmore
Articles
No abstract provided.
In Memoriam: Malcolm P. Sharp, Gerhard Casper
Corporate Control Transactions, Frank H. Easterbrook, Daniel R. Fischel
Corporate Control Transactions, Frank H. Easterbrook, Daniel R. Fischel
Articles
No abstract provided.
Predatory Strategies And Counterstrategies, Frank H. Easterbrook
Predatory Strategies And Counterstrategies, Frank H. Easterbrook
Articles
No abstract provided.
Public Programs And Private Rights, Cass R. Sunstein, Richard B. Stewart
Public Programs And Private Rights, Cass R. Sunstein, Richard B. Stewart
Articles
By what right may courts seek to remedy deficient administrative performance, and by what methods should they do so? This question has been answered in fits and starts, in the context of several existing remedies: rights to contest regulatory impositions, hearing rights concerning government benefits, implied rights of action, and most recently, rights to require an agency itself to take enforcement action. Professors Stewart and Sunstein offer a theory to explain both the conceptual similarities and the evolutionary differences among these remedies. They show how the remedies are linked with particular conceptions of the deepest purposes particular statutes are meant …
Curia Regis: Some Comments On The Divine Right Of Kings And Courts To Say What The Law Is, Philip B. Kurland
Curia Regis: Some Comments On The Divine Right Of Kings And Courts To Say What The Law Is, Philip B. Kurland
Articles
No abstract provided.
The Law And Economics Of Dividend Policy, Daniel R. Fischel
The Law And Economics Of Dividend Policy, Daniel R. Fischel
Articles
No abstract provided.
Tribute To Mr. Justice Brennan, Richard A. Posner
Race Bias In The Administration Of The Death Penalty: The Florida Experience, Hans Zeisel
Race Bias In The Administration Of The Death Penalty: The Florida Experience, Hans Zeisel
Articles
No abstract provided.
The Historical Origins And Economic Structure Of Workers' Compensation Law, Richard A. Epstein
The Historical Origins And Economic Structure Of Workers' Compensation Law, Richard A. Epstein
Articles
No abstract provided.
A Reply To Some Recent Criticisms Of The Efficiency Theory Of The Common Law, Richard A. Posner
A Reply To Some Recent Criticisms Of The Efficiency Theory Of The Common Law, Richard A. Posner
Articles
No abstract provided.
Race To The Bottom Revisited: Reflections On Recent Developments In Delaware's Corporation Law, Daniel R. Fischel
Race To The Bottom Revisited: Reflections On Recent Developments In Delaware's Corporation Law, Daniel R. Fischel
Articles
No abstract provided.
Fact-Finding By International Nongovernmental Human Rights Organizations, David Weissbrodt, James Mccarthy
Fact-Finding By International Nongovernmental Human Rights Organizations, David Weissbrodt, James Mccarthy
Articles
There are a considerable number of nongovernmental organizations (NGOs) engaged in overseeing the implementation of human rights by governments throughout the world.1 Working at the international2 and national levels,s these organizations function as unofficial ombudsmen safeguarding human rights against govern- mental infringement, using such techniques as diplomatic initia- tives,4 reports,5 public statements,6 efforts to influence the deliber- ations of intergovernmental human rights bodies, campaigns to mobilize public opinion,8 and attempts to affect the foreign policy of some countries with respect to their relations with other coun- tries that regularly commit human rights violations.9
Juvenile Court Legislative Reform And The Serious Young Offender: Dismantling The "Rehabilitative Ideal", Barry C. Feld
Juvenile Court Legislative Reform And The Serious Young Offender: Dismantling The "Rehabilitative Ideal", Barry C. Feld
Articles
There are two principal mechanisms for transferring juvenile offenders to the adult criminal justice process. The most common mechanism is judicial waiver; the alternative is legislative waiver, i.e., the legislature redefines juvenile court jurisdiction to exclude from juvenile courts those youths charged with certain offenses. During 1980, the Minnesota Legislature actively reviewed the State's juvenile code and significantly modified several provisions focusing on the serious young offender, the certification process, and the interface between the juvenile and criminal courts in sentencing. Under the new legislation, the exclusively benevolent and rehabilitative purpose of the juvenile court remains only for children alleged …
The 1980 U.N. Commission On Human Rights And The Disappeared, David Kramer, David Weissbrodt
The 1980 U.N. Commission On Human Rights And The Disappeared, David Kramer, David Weissbrodt
Articles
When the public debate began at the United Nations Commission on Human Rights on the question of disappeared persons, the atmosphere in the huge assembly hall was tense and expectant. The public gallery was jammed with the wives and families of those persons who had been "disappeared"- arrested, tortured, imprisoned, or possibly killed by governments which refused to admit any knowledge or responsibility. The concerned audience came from all over the world. A few had even been disappeared themselves, but had managed to escape.
United States Tax Treaty Policy: An Overview, H. David Rosenbloom, Stanley Langbein
United States Tax Treaty Policy: An Overview, H. David Rosenbloom, Stanley Langbein
Articles
No abstract provided.
The Constitution In The Supreme Court: 1789-1801, David P. Currie
The Constitution In The Supreme Court: 1789-1801, David P. Currie
Articles
No abstract provided.
The Changing Plea Bargaining Debate, Albert Alschuler
Maximum Price Fixing, Frank H. Easterbrook
Notice And Freedom Of Contract In The Law Of Servitudes Comments, Richard A. Epstein
Notice And Freedom Of Contract In The Law Of Servitudes Comments, Richard A. Epstein
Articles
No abstract provided.
Secondary Liability Under Section 10(B) Of The Securities Act Of 1934, Daniel R. Fischel
Secondary Liability Under Section 10(B) Of The Securities Act Of 1934, Daniel R. Fischel
Articles
No abstract provided.
Social Science Hubris--A Review Of Lindblom And Cohen's Usable Knowledge Review Article, Hans Zeisel
Social Science Hubris--A Review Of Lindblom And Cohen's Usable Knowledge Review Article, Hans Zeisel
Articles
No abstract provided.
Cost-Benefit Analysis And The Separation Of Powers, Cass R. Sunstein
Cost-Benefit Analysis And The Separation Of Powers, Cass R. Sunstein
Articles
No abstract provided.