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Articles 1 - 30 of 106
Full-Text Articles in Law
Francis A. Allen, Terrance Sandalow
Francis A. Allen, Terrance Sandalow
Articles
Writing a brief tribute to Frank Allen, a man I admire as much as any I have known, should have been easy and pleasurable. It has proved to be very difficult. The initial difficulty is the occasion for the tribute. Frank's decision to take early retirement from the University and to resettle in a warmer climate deprives the Sandalows of frequent contact with two of our favorite people. The act of writing requires an acceptance of that loss that I have not yet achieved. A second difficulty is that Frank has been an important influence in my life for thirty …
Francis A. Allen: 'Confront[Ing] The Most Explosive Problems' And 'Plumbing All Issues To Their Full Depth Without Fear Or Prejudice', Yale Kamisar
Articles
Frank Allen began his distinguished teaching career more than thirty-five years ago - at a time when, at more law schools than we like to remember, "the basic criminal law course was routinely assigned to the youngest and most vulnerable member of the faculty or to that colleague suspected of mild brain damage and hence incompetent to deal with courses that really matter."' That those of us who taught criminal law years later were warmly received by our colleagues is in no small measure a tribute to the quality of mind and character and intellectual energy of people like Allen, …
Government Responsibility For Constitutional Torts, Christina B. Whitman
Government Responsibility For Constitutional Torts, Christina B. Whitman
Articles
This essay is about the language used to decide when governments should be held responsible for constitutional torts.' Debate about what is required of government officials, and what is required of government itself, is scarcely new. What is new, at least to American jurisprudence, is litigation against government units (rather than government officials) for constitutional injuries. 2 The extension of liability to institutional defendants introduces special problems for the language of responsibility. In a suit against an individual official it is easy to describe the wrong as the consequence of individual behavior that is inconsistent with community norms; the language …
Free Speech And Corporate Freedom: A Comment On First National Bank Of Boston V. Bellotti, Carl E. Schneider
Free Speech And Corporate Freedom: A Comment On First National Bank Of Boston V. Bellotti, Carl E. Schneider
Articles
The corporation was born in chains but is everywhere free. That freedom was recently affirmed by the United States Supreme Court in First National Bank of Boston v. Bellotti. In Bellotti, the Court overturned a Massachusetts criminal statute forbidding banks and business corporations to make expenditures intended to influence referenda concerning issues not "materially affecting" the corporation's "property, business, or assets." In doing so, the Court confirmed its discovery that commercial speech is not unprotected by the first amendment and announced a novel doctrine that corporate speech is not unprotected by the first amendment. Although several years have …
Some Questions For Republicans, Don Herzog
Some Questions For Republicans, Don Herzog
Articles
Even a sleepy historiographer of political theory of some future day will notice the most dramatic revision of the last 25 years or so. I refer of course to the discovery-and celebration-of civic humanism. The devilish Machiavelli of Elizabethan times has been gently set aside for "the divine Machiavel," the one who writes, "I love my native city more than my soul." And historians of political thought have lovingly traced the transmission of civic humanism from Florence to England and America, giving us a brand new past. America, we now know, was not the unthinkingly Lockean land served up by …
The New Evidence Scholarship: Analyzing The Process Of Proof, Richard O. Lempert
The New Evidence Scholarship: Analyzing The Process Of Proof, Richard O. Lempert
Articles
When I began teaching evidence seventeen years ago, the field was moribund. The great systematizers of the common law-Wigmore, Maguire, McCormick, Morgan and their ilk-had come and, if they had not all already gone, their work was largely finished. Not only was most of what passed for evidence scholarship barely worth the reading-the same, after all, could be said of many fields of law at most times-but disregarding student work, few scholars were writing regularly on evidentiary matters.
Efficiency And Income Taxes: The Rehabilitation Of Tax Incentives, Edward A. Zelinsky
Efficiency And Income Taxes: The Rehabilitation Of Tax Incentives, Edward A. Zelinsky
Articles
This Article explores two prominent issues in current legal literature: the propriety of tax incentives in the federal income tax and the use of economic analysis to examine questions of concern to academic lawyers. One premise of this Article is that there is a connection between these two topics.
Integrity And Circumspection: The Labor Law Vision Of Bernard D. Meltzer, Theodore J. St. Antoine
Integrity And Circumspection: The Labor Law Vision Of Bernard D. Meltzer, Theodore J. St. Antoine
Articles
Bernard Meltzer has testified under oath that he "rarely take[s] absolute positions." The record bears him out. While his colleagues among labor law scholars often strain to demonstrate that the labor relations statutes and even the Constitution support their hearts' desires, the typical Meltzer stance is one of cool detachment, pragmatic assessment, and cautious, balanced judgment. The "itch to do good," Meltzer has remarked wryly, "is a doubtful basis for jurisdiction" -or, he would likely add, for any other legal conclusion. In this brief commentary I propose to examine the Meltzer approach to four broad areas of labor law: (1) …
Book Review (Reviewing Ralph V. Turner, The English Judiciary In The Age Of Glanville And Bracton, C. 1176-1239 (1985)), Richard H. Helmholz
Book Review (Reviewing Ralph V. Turner, The English Judiciary In The Age Of Glanville And Bracton, C. 1176-1239 (1985)), Richard H. Helmholz
Articles
No abstract provided.
The Equal Access Controversy: The Religion Clauses And The Meaning Of 'Neutrality', Geoffrey R. Stone
The Equal Access Controversy: The Religion Clauses And The Meaning Of 'Neutrality', Geoffrey R. Stone
Articles
No abstract provided.
Statutes Of Limitations In Minnesota Choice Of Law: The Problematic Return Of The Substance-Procedure Distinction, Laura Cooper
Statutes Of Limitations In Minnesota Choice Of Law: The Problematic Return Of The Substance-Procedure Distinction, Laura Cooper
Articles
Assume that you are an attorney seeking to determine the statute of limitations applicable in Minnesota to a case with multistate aspects. Perhaps you consult the Dunnell Minnesota Digest 2d, which states succinctly: "If a cause of action not arising in this state or accruing to a citizen thereof is barred by the law of another state it is barred here." 1 The encylopedia then states several corollary propositions for multistate cases with different fact patterns and provices numerous case citations in support of the propositions. What the reference unfortunately fails to tell you is that the legal propositions and …
Rethinking Comparative Law: Variety And Uniformity In Ancient And Modern Tort Law, Saul Levmore
Rethinking Comparative Law: Variety And Uniformity In Ancient And Modern Tort Law, Saul Levmore
Articles
No abstract provided.
Legal Formalism, Legal Realism, And The Interpretation Of Statutes And The Constitution, Richard A. Posner
Legal Formalism, Legal Realism, And The Interpretation Of Statutes And The Constitution, Richard A. Posner
Articles
A current focus of legal debate is the proper role of the courts in the interpretation of statutes and the Constitution. Are judges to look solely to the naked language of an enactment, then logically deduce its application in simple syllogistic fashion, as legal formalists had purported to do? Or may the inquiry into meaning be informed by perhaps unbridled and unaccountable judicial notions of public policy, using legal realism to best promote the general welfare? Judge Posner considers the concepts of formalism and realism to be meaningful and useful in common law reasoning but in interpretation to be useless …
Anti-Pornography Legislation As Viewpoint-Discrimination, Geoffrey R. Stone
Anti-Pornography Legislation As Viewpoint-Discrimination, Geoffrey R. Stone
Articles
No abstract provided.
The Rise And Fall Of The Doctrine Of Separation Of Powers, Philip B. Kurland
The Rise And Fall Of The Doctrine Of Separation Of Powers, Philip B. Kurland
Articles
No abstract provided.
Pornography And The First Amendment, Cass R. Sunstein
Routine And Revolution, Cass R. Sunstein
Personal Failure, Institutional Failure, And The Sixth Amendment, Albert W. Alschuler
Personal Failure, Institutional Failure, And The Sixth Amendment, Albert W. Alschuler
Articles
No abstract provided.
Past And Future: The Temporal Dimension In The Law Of Property, Richard A. Epstein
Past And Future: The Temporal Dimension In The Law Of Property, Richard A. Epstein
Articles
No abstract provided.
Pornography: Social Science, Legal, And Clinical Perspectives, Cass R. Sunstein, Catharine A. Mackinnon, Cheryl A. Champion, Edward Donnerstein
Pornography: Social Science, Legal, And Clinical Perspectives, Cass R. Sunstein, Catharine A. Mackinnon, Cheryl A. Champion, Edward Donnerstein
Articles
No abstract provided.
Comparable Worth: A Rejoinder, Daniel R. Fischel, Edward P. Lazear
Comparable Worth: A Rejoinder, Daniel R. Fischel, Edward P. Lazear
Articles
No abstract provided.
Factions, Self-Interest, And The Apa: Four Lessons Since 1946 Administrative Law Symposium, Cass R. Sunstein
Factions, Self-Interest, And The Apa: Four Lessons Since 1946 Administrative Law Symposium, Cass R. Sunstein
Articles
No abstract provided.
Government Control Of Information, Cass R. Sunstein
A Last Word On Eminent Domain, Richard A. Epstein
An Outline Of Takings, Richard A. Epstein
The Constitution In The Supreme Court: 1921-1930, David P. Currie
The Constitution In The Supreme Court: 1921-1930, David P. Currie
Articles
No abstract provided.
Address Address, Philip B. Kurland
Goodbye To The Bluebook, Richard A. Posner
The Ethical Significance Of Free Choice: A Reply To Professor West, Richard A. Posner
The Ethical Significance Of Free Choice: A Reply To Professor West, Richard A. Posner
Articles
No abstract provided.
The Summary Jury Trial And Other Methods Of Alternative Dispute Resolution: Some Cautionary Observations, Richard A. Posner
The Summary Jury Trial And Other Methods Of Alternative Dispute Resolution: Some Cautionary Observations, Richard A. Posner
Articles
No abstract provided.