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Full-Text Articles in Law
The Value Of Institutions And The Values Of Free Speech, Dale Carpenter
The Value Of Institutions And The Values Of Free Speech, Dale Carpenter
Articles
Should the First Amendment pay attention to the setting in which speech occurs, giving more protection to some institutions than to others? The very suggestion is a heresy. The First Amendment, to a degree unknown elsewhere in American law, has been characterized by a certain kind of blindness. It has largely been blind to the popularity of the speech involved, blind to whether the speech is favored or disfavored by the government, and blind to the identity of the speaker. On the other hand, some institutions - the professional media, libraries, and universities, for example - are especially good at …
Contracting Around Finality: Transforming Price V. Neal From Dictate To Default, Christopher M. Grengs, Edward S. Adams
Contracting Around Finality: Transforming Price V. Neal From Dictate To Default, Christopher M. Grengs, Edward S. Adams
Articles
Arguably the most important and problematic area within the entire field of negotiable instruments law is the law relating to forgery, especially the allocation of losses that result from forgery. Forgery is central to negotiable instrument law because a signature typically authenticates the orders and promises to pay on which the entire system is based. Unfortunately, forgery continues to cause substantial losses to American banks and the national economy. "Despite the significance of this problem, many of the legal doctrines governing forgery loss allocation remain quite problematic, even after nearly three centuries of development." To combat the problem of negotiable …
Synergy And Serendipity, Joan Howland
Synergy And Serendipity, Joan Howland
Articles
Great events rarely occur without the fortuitous intersection of synergy and serendipity. One of the earliest documented examples of this dynamic is the Greek mathematician Archimedes' (287 B.C.-212 B.C.) discovery of the principle of buoyancy while he was soaking in a hot bath, inspiring him to jump up and run naked through the streets of Syracuse shouting "Eureka!" 3 This serendipitous discovery may easily have been eclipsed by the public outcry surrounding Archimedes' unconventional behavior. Coincidentally, however, his close friend King Hieron of Syracuse had just been cheated by a goldsmith and was able to use the newly defined principle …
The Dynamics Of Child Sexual Abuse Prosecution: Two Florida Case Studies, Robert Levy
The Dynamics Of Child Sexual Abuse Prosecution: Two Florida Case Studies, Robert Levy
Articles
Criminal justice scholars agree that the process cannot adequately be captured simply by reporting guilty pleas, jury acquittals and convictions. Rather, one must imagine a giant cornucopia, the large end representing the huge mass of unreported and uncleared crimes, the small end representing the small number of convicted felons sentenced to prison. Between these terminal points can be found all those criminals the police decide not to arrest or refer for prosecution, all those cases prosecutors decide not to prosecute, the cases prosecutors decide to dismiss (or "nolle prosequi," often referred to as "nol pros") after they have been filed, …
Punishment And Crime Across Space And Time, Michael Tonry, David P. Farrington
Punishment And Crime Across Space And Time, Michael Tonry, David P. Farrington
Articles
No abstract provided.
Cross-National Measures Of Punitiveness, Alfred Blumstein, Michael Tonry, Asheley Van Ness
Cross-National Measures Of Punitiveness, Alfred Blumstein, Michael Tonry, Asheley Van Ness
Articles
No abstract provided.
Sentencing Guidelines In Minnesota, 1978-2003, Richard Frase
Sentencing Guidelines In Minnesota, 1978-2003, Richard Frase
Articles
This article examines the origins, purposes, evolution, and impact of Minnesota's pioneering sentencing guidelines reform. The Guidelines, related sentencing laws, and charging and sentencing practices have evolved considerably since 1980, and so have Minnesota's reform goals. Most of these goals have been achieved: sentences are more uniform and proportionate; policy formulation is more systematic and informed by data; sentencing has been coordinated with available correctional resources, avoiding prison overcrowding and ensuring that space is available to hold the most serious offenders; "truth in sentencing" has been achieved; custodial sanctions have been used sparingly; and the Guidelines remain fairly simple to …
Obsolescence And Immanence In Penal Theory And Policy, Michael Tonry
Obsolescence And Immanence In Penal Theory And Policy, Michael Tonry
Articles
No abstract provided.
State Sentencing Guidelines: Diversity, Consensus, And Unresolved Policy Issues, Richard Frase
State Sentencing Guidelines: Diversity, Consensus, And Unresolved Policy Issues, Richard Frase
Articles
No abstract provided.
[Book Review] Whose America?, Judith T. Younger
Punishment Purposes, Richard Frase
Excessive Prison Sentences, Punishment Goals, And The Eighth Amendment: "Proportionality" Relative To What?, Richard Frase
Excessive Prison Sentences, Punishment Goals, And The Eighth Amendment: "Proportionality" Relative To What?, Richard Frase
Articles
No abstract provided.
The Functions Of Sentencing And Sentencing Reform, Michael Tonry
The Functions Of Sentencing And Sentencing Reform, Michael Tonry
Articles
No abstract provided.
The Warren Court's Missed Opportunities In Substantive Criminal Law, Richard Frase
The Warren Court's Missed Opportunities In Substantive Criminal Law, Richard Frase
Articles
No abstract provided.
Racial Integration And Community Revitalization: Applying The Fair Housing Act To The Low Income Housing Tax Credit, Myron Orfield
Racial Integration And Community Revitalization: Applying The Fair Housing Act To The Low Income Housing Tax Credit, Myron Orfield
Articles
No abstract provided.
Whose America?, Judith T. Younger
Why Minnesota Will Weather Blakely's Blast, Dale G. Parent, Richard Frase
Why Minnesota Will Weather Blakely's Blast, Dale G. Parent, Richard Frase
Articles
No abstract provided.
Viewing September 11 Through The Lens Of History, Carol L. Chomsky
Viewing September 11 Through The Lens Of History, Carol L. Chomsky
Articles
No abstract provided.
Shareholder Bylaws, Shareholder Nominations, And Poison Pills, Brett Mcdonnell
Shareholder Bylaws, Shareholder Nominations, And Poison Pills, Brett Mcdonnell
Articles
Shareholder bylaws limiting or directing board action raise a tough and fascinating question of statutory interpretation under state law as well as an important policy question. In particular, over the last decade shareholders have sought to use bylaws to limit poison pills and to grant shareholders access to the corporate proxy materials to nominate directors. This paper argues that an expansive, although not unlimited, shareholder power to enact bylaws is both a plausible interpretation of Delaware's statutory scheme and desirable as a policy matter. Shareholder bylaws that set general rules of corporate governance and procedure should be valid unless more …
Intimacy And Economic Exchange, Jill Elaine Hasday
Intimacy And Economic Exchange, Jill Elaine Hasday
Articles
The current legal debate about the regulation of economic exchange between intimates mistakenly assumes that the law does not countenance such exchange to any notable extent. This assumption is so widely held that it unites otherwise disparate anticommodification and pro-market scholars. Both groups agree that the law maintains a strict boundary between economic exchange and intimacy, and disagree only on whether to applaud or criticize that boundary. Both overlook or underemphasize the degree to which the law already permits economic exchange within intimate relationships. The current debate's focus on whether the law should enforce economic exchanges between intimates misses at …
Bad Arguments Against Gay Marriage, Dale Carpenter
Bad Arguments Against Gay Marriage, Dale Carpenter
Articles
This article claims that three common arguments against gay marriage - the definitional, procreation, and slippery-slope arguments - are quite bad, the worst of the lot. The definitional argument asserts that marriage just is the union of one man and one woman, and that the definition alone is a sufficient defense against claims for gay marriage. The procreation argument claims that marriage's central public purpose is to encourage procreation, and so the exclusion of same-sex couples is justified. The slippery-slope argument claims that the acceptance of same-sex marriage logically entails the acceptance of other public policy changes - notably the …
State Interests In Marriage, Interstate Recognition, And Choice Of Law, Brian H. Bix
State Interests In Marriage, Interstate Recognition, And Choice Of Law, Brian H. Bix
Articles
One of the great complications of the current marriage debates is the way that federalism and conflict of law issues interact - both at the level of principle and constitutional doctrine - in the area of marriage and divorce. This article begins by looking at federalism in the context of domestic relations at a general level. It then considers how current family law rules and constitutional constraints complicate the analysis. Finally, it considers the way in which recognizing party choice of law might respond to some, but by no means all, of the problems in the area.
Corporate Human Rights Responsibilities, David Weissbrodt
Corporate Human Rights Responsibilities, David Weissbrodt
Articles
This article begins with a discussion of why one should be concerned or at least interested in the human rights conduct of corporations. Hence, the first part of the article presents a couple of historical and current situations which require attention and standard-setting. The second part focuses on past efforts of international law and particularly international human rights law to deal with such non-state actors as corporations. The third part discusses five major attributes of the U.N. Human Rights Norms which built upon the previous efforts to deal with the human rights conduct of corporations. The fourth part traces the …
Segregation And Environmental Justice, Myron Orfield
A Reprise Of A Classic: Gorman & Finkin's Basic Text On Labor Law: Unionization And Collective Bargaining, Stephen F. Befort
A Reprise Of A Classic: Gorman & Finkin's Basic Text On Labor Law: Unionization And Collective Bargaining, Stephen F. Befort
Articles
No abstract provided.
Book Review—Mercy On Trial: What It Means To Stop An Execution, Janeanne Murray
Book Review—Mercy On Trial: What It Means To Stop An Execution, Janeanne Murray
Articles
No abstract provided.
From "Predominance" To "Resolvability": A New Approach To Regulating Class Actions, Allan Erbsen
From "Predominance" To "Resolvability": A New Approach To Regulating Class Actions, Allan Erbsen
Articles
This Article develops normative and doctrinal innovations to cope with a pivotal yet undertheorized question in most proposed class actions: assuming that a class has adequate representatives, how much variance among class members' circumstances should courts tolerate? Class actions seeking monetary damages would be much less controversial if all class members were identically situated. In an imagined world of perfect homogeneity, shifting from an individualized to an aggregative mode of adjudication would promote efficiency, mitigate collective action problems, and counterbalance defendants' inherent economies-of-scale without sacrificing accuracy or redistributing entitlements among class members. In the real world, however, most classes encompass …