Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

Articles

1989

Articles 61 - 90 of 111

Full-Text Articles in Law

The Inside Counsel Movement, Professional Judgment And Organizational Representation, Robert Eli Rosen Jan 1989

The Inside Counsel Movement, Professional Judgment And Organizational Representation, Robert Eli Rosen

Articles

No abstract provided.


Corporate Debt Relationships: Legal Theory In A Time Of Restructuring, William Wilson Bratton Jan 1989

Corporate Debt Relationships: Legal Theory In A Time Of Restructuring, William Wilson Bratton

Articles

No abstract provided.


The New Economic Theory Of The Firm: Critical Perspectives From History, William Wilson Bratton Jan 1989

The New Economic Theory Of The Firm: Critical Perspectives From History, William Wilson Bratton

Articles

No abstract provided.


The Political Economy Of Barry Commoner, James E. Krier Jan 1989

The Political Economy Of Barry Commoner, James E. Krier

Articles

The centerpiece of what follows is an article by Barry Commoner that appeared in The New Yorker magazine in 1987.' The article, although an essentially popular work, is for several reasons worth the attention of a community professionally interested in law and the environment. First, it distills and supplements views that Commoner has advanced with much prominence throughout the life-twenty years to date-of the environmental movement in the United States. Thus it provides an opportunity for the present generation's students of environmental law, many of whom seem to know nothing of Commoner and his ideas, to become familiar with a …


Commentary On 'Multiemployer Bargaining Rules': The Limitations Of A Strictly Economic Analysis, Theodore J. St. Antoine Jan 1989

Commentary On 'Multiemployer Bargaining Rules': The Limitations Of A Strictly Economic Analysis, Theodore J. St. Antoine

Articles

Labor law bulks large on the docket of the United States Supreme Court. Yet never would I have included Charles D. Bonanno Linen Service, Inc. v. NLRB, dealing with the seemingly mundane issue of an employer's right to withdraw from multiemployer bargaining, in the select company of cases addressing such pulse-quickening subjects as affirmative action, picketing as free speech, and union antitrust liability. Professor Douglas Leslie's elegant and provocative article shows just how wrong I was--or at least just how far imaginative analysis can go toward seeing a world in a grain of sand. I lay no claim to expertise …


Copyright Legislation And Technological Change, Jessica D. Litman Jan 1989

Copyright Legislation And Technological Change, Jessica D. Litman

Articles

Throughout its history, copyright law has had difficulty accommodating technological change. Although the substance of copyright legislation in this century has evolved from meetings among industry representatives whose avowed purpose was to draft legislation that provided for the future,6 the resulting statutes have done so poorly. The language of copyright statutes has been phrased in fact-specific language that has grown obsolete as new modes and mediums of copyrightable expression have developed. Whatever copyright statute has been on the books has been routinely, and justifiably, criticized as outmoded.7 In this Article, I suggest that the nature of the legislative process we …


The High Seas And The International Seabed Area, Bernard H. Oxman Jan 1989

The High Seas And The International Seabed Area, Bernard H. Oxman

Articles

No abstract provided.


Freedom Of Expression In A Pluralistic Society, James W. Nickel Jan 1989

Freedom Of Expression In A Pluralistic Society, James W. Nickel

Articles

No abstract provided.


Hegel's Legal Plenum, Arthur J. Jacobson Jan 1989

Hegel's Legal Plenum, Arthur J. Jacobson

Articles

No abstract provided.


The Foreign Sovereign Immunities Act And Act Of State, Malvina Halberstam Jan 1989

The Foreign Sovereign Immunities Act And Act Of State, Malvina Halberstam

Articles

No abstract provided.


Hegel And The Dialectics Of Contract, Michel Rosenfeld Jan 1989

Hegel And The Dialectics Of Contract, Michel Rosenfeld

Articles

No abstract provided.


Arguing From Necessity: A Comment On "Hegel And The Crisis Of Private Law", Charles M. Yablon Jan 1989

Arguing From Necessity: A Comment On "Hegel And The Crisis Of Private Law", Charles M. Yablon

Articles

No abstract provided.


Unsecured Claims Under Bankruptcy Code Sections 506(A) And 1111(B): Second Looks At Judicial Valuations Of Collateral, David G. Carlson Jan 1989

Unsecured Claims Under Bankruptcy Code Sections 506(A) And 1111(B): Second Looks At Judicial Valuations Of Collateral, David G. Carlson

Articles

No abstract provided.


Reaction To Terrorism: A Jewish Law Caveat, J. David Bleich Jan 1989

Reaction To Terrorism: A Jewish Law Caveat, J. David Bleich

Articles

No abstract provided.


Hegel’S Answers To Questions We Know Not How To Ask, J. David Bleich Jan 1989

Hegel’S Answers To Questions We Know Not How To Ask, J. David Bleich

Articles

No abstract provided.


The Advance Fee Payment Dilemma: Should Payments Be Deposited To The Client Trust Account Or To The General Office Account?, Lester Brickman Jan 1989

The Advance Fee Payment Dilemma: Should Payments Be Deposited To The Client Trust Account Or To The General Office Account?, Lester Brickman

Articles

No abstract provided.


Contradiction And Critical Legal Studies, David G. Carlson Jan 1989

Contradiction And Critical Legal Studies, David G. Carlson

Articles

No abstract provided.


Where Guesses Come From: Evolutionary Epistemology And The Anomaly Of Guided Variation, Edward Stein Jan 1989

Where Guesses Come From: Evolutionary Epistemology And The Anomaly Of Guided Variation, Edward Stein

Articles

No abstract provided.


Poison Pills And Litigation Uncertainty, Charles M. Yablon Jan 1989

Poison Pills And Litigation Uncertainty, Charles M. Yablon

Articles

No abstract provided.


The Federal Court In Idaho, 1889-1907: The Appointment And Tenure Of James H. Beatty, Idaho's First District Court Judge, Monique C. Lillard Jan 1989

The Federal Court In Idaho, 1889-1907: The Appointment And Tenure Of James H. Beatty, Idaho's First District Court Judge, Monique C. Lillard

Articles

No abstract provided.


Discipline Of Clear Expression, Donald L. Burnett Jr. Jan 1989

Discipline Of Clear Expression, Donald L. Burnett Jr.

Articles

No abstract provided.


The Latest Turn Of The Screw In Estate Planning: The Legislative Attack On Disproportionate Transfers, John A. Miller Jan 1989

The Latest Turn Of The Screw In Estate Planning: The Legislative Attack On Disproportionate Transfers, John A. Miller

Articles

No abstract provided.


Statutory Damage Caps Are An Incomplete Reform: A Proposal For Attorney Fee Shifting In Tort Actions, Gregory A. Hicks Jan 1989

Statutory Damage Caps Are An Incomplete Reform: A Proposal For Attorney Fee Shifting In Tort Actions, Gregory A. Hicks

Articles

The premise of this article is that the currently unsettled status of noneconomic damage awards offers an opportunity to reexamine the function of such awards, and to move tort law in the direction of more stable and rational remedies, something that could not be achieved either under recently adopted damage cap statutes or through the reinstatement of unrestricted compensation of noneconomic losses.

This article has two parts. In the first part, the ambiguous role of noneconomic damages, that is, their function as makeweight compensation for noncompensable litigation expenses and as compensation for real intangible injuries, is described. This ambiguity has …


Is Abandoning State Action Asking Too Much Of The Constitution, Scott E. Sundby Jan 1989

Is Abandoning State Action Asking Too Much Of The Constitution, Scott E. Sundby

Articles

No abstract provided.


The Reasonable Doubt Rule And The Meaning Of Innocence, Scott E. Sundby Jan 1989

The Reasonable Doubt Rule And The Meaning Of Innocence, Scott E. Sundby

Articles

No abstract provided.


Hiring Ruled Contractual, Bill Gore, Douglas A. Kahn, Stan Shields Jan 1989

Hiring Ruled Contractual, Bill Gore, Douglas A. Kahn, Stan Shields

Articles

On December 29, 1988, the California Supreme Court decided Foley vs. Interactive Data Corp., perhaps the most eagerly awaited state supreme court decision in years. The Foley ruling, which immediately was hailed as a tremendous victory for California employers, eliminated punitive damage awards for many wrongfully terminated employees. That was good news for the employers. The decision, however, also provided employers with sobering news. Most significantly, the court ruled that employment relationships essentially are contracts, with terms created by the reasonable expectation of the parties. Thus, the majority of California employees now have a right to sue for breach …


Authority And Value: Reflections On Raz's Morality Of Freedom, Donald H. Regan Jan 1989

Authority And Value: Reflections On Raz's Morality Of Freedom, Donald H. Regan

Articles

Joseph Raz's The Morality of Freedom1 is full of subtle, original, and thought provoking arguments. It also manifests abundantly Raz's philosophical good sense and sensitivity to the complexities of the moral life. These are reasons enough to class it with the handful of genuinely important books whose appearance in the last two decades has constituted a renaissance in political philosophy. But in my opinion, Raz has another, and even stronger claim on our attention: He comes closer to the truth about political morality than anyone has for nearly a century. (Possibly much longer, but we need not attempt to decide …


A Skeptical Look At Contemporary Republicanism, Terrance Sandalow Jan 1989

A Skeptical Look At Contemporary Republicanism, Terrance Sandalow

Articles

A growing number of scholars have been led by that impulse to an interest in 'the republican tradition," arguing that it offers resources for correcting the deformities they perceive in contemporary life and for which they hold liberalism responsible. Republicanism is a mansion with many rooms, and its modem interpreters emphasize varying possibilities within it, but common to all is the vision of a politics that recognizes and seeks to strengthen the social bonds within a political community. Within the limits set by that vision differences abound, just as differences exist among liberals concerning appropriate political foundations for individual freedom. …


The Crisis Of Private Law Is Not An Ideal Situation, Kenneth M. Casebeer Jan 1989

The Crisis Of Private Law Is Not An Ideal Situation, Kenneth M. Casebeer

Articles

No abstract provided.


Drafting Wagner's Act: Leon Keyserling And The Precommittee Drafts Of The Labor Disputes Act And The National Labor Relations Act, Kenneth M. Casebeer Jan 1989

Drafting Wagner's Act: Leon Keyserling And The Precommittee Drafts Of The Labor Disputes Act And The National Labor Relations Act, Kenneth M. Casebeer

Articles

This Article analyzes the development of the National Labor Relations Act through the drafts of the original Act. The author traces the evolution of Senator Wagner's ideas through numerous policy and political battles to the passage of the NLRA in 1935. The author explores the development of the drafts and the historical context surrounding their creation to reveal the social theory of the drafters and illuminate previously unexplored undercurrents in the text of the Act itself. The author, through this novel approach to the NLRA, sets up a new way to view the 1935 Act, and evaluates subsequent amendments and …