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Articles 1 - 30 of 37
Full-Text Articles in Law
Basics Of Business Reorganization In Bankruptcy, Steven L. Schwarcz
Basics Of Business Reorganization In Bankruptcy, Steven L. Schwarcz
Faculty Scholarship
In this article, Steven Schwarcz offers an overview of Chapter 11 bankruptcy. In addition to beginning a Chapter 11 case, he also discusses administration of these cases and the plan of reorganization that a debtor must consider.
Mackinnon’S Feminism: Power On Whose Terms?, Katharine T. Bartlett
Mackinnon’S Feminism: Power On Whose Terms?, Katharine T. Bartlett
Faculty Scholarship
reviewing Catharine McKinnon, Feminism Unmodified: Discourses on Life and Law (Harvard University Press, 1987)
Reviving Republicanism, H. Jefferson Powell
The Idea Of The Constitution As Hard Law, William W. Van Alstyne
The Idea Of The Constitution As Hard Law, William W. Van Alstyne
Faculty Scholarship
The "idea" of the Constitution is generally thought to be well declared in the famous rhetoric of its Preamble.
A Paradox Without A Principle: A Comment On The Burger Court’S Jurisprudence In Separation Of Powers Cases, Erwin Chemerinsky
A Paradox Without A Principle: A Comment On The Burger Court’S Jurisprudence In Separation Of Powers Cases, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
From The Editor: Public Access To The Law, Richard A. Danner
From The Editor: Public Access To The Law, Richard A. Danner
Faculty Scholarship
No abstract provided.
From The Editor: Reading Legal Research, Richard A. Danner
From The Editor: Reading Legal Research, Richard A. Danner
Faculty Scholarship
No abstract provided.
A Judicial Declaration Of Martial Law, Lawrence G. Baxter
A Judicial Declaration Of Martial Law, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
Consumer Complaints And The Ontario Business Practices Act: An Empirical Study, Neil Vidmar, Joseph Samuels
Consumer Complaints And The Ontario Business Practices Act: An Empirical Study, Neil Vidmar, Joseph Samuels
Faculty Scholarship
No abstract provided.
New Frontiers: The Expansion Of International Criminal Law, Michael E. Tigar
New Frontiers: The Expansion Of International Criminal Law, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Comments On Standards Of Judicial Review, William W. Van Alstyne
Comments On Standards Of Judicial Review, William W. Van Alstyne
Faculty Scholarship
No abstract provided.
The Modern Misunderstanding Of Original Intent, H. Jefferson Powell
The Modern Misunderstanding Of Original Intent, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
Preface: Master Advocates Edition, Robinson O. Everett
Preface: Master Advocates Edition, Robinson O. Everett
Faculty Scholarship
No abstract provided.
Thinking About Habeas Corpus, Erwin Chemerinsky
Thinking About Habeas Corpus, Erwin Chemerinsky
Faculty Scholarship
Hailed as the "great writ of liberty," the writ of habeas corpus protects the American citizenry from arbitrary and wrongful governmental imprisonment. The scope of the protection provided by the writ, however, has never been finally settled during it's almost 200 year existence. This is the result of failure on the part of those analyzing its scope to recognize the complexity of the issues involved and to confront the true issues that underlie its application. In this Article, Professor Chemerinsky discusses what he considers to be the four primary considerations of habeas issues; federalism, separation of powers, the purposes of …
Shareholder Litigation In The United States And Australia: Common Problems, Uncommon Solutions, Deborah A. Demott
Shareholder Litigation In The United States And Australia: Common Problems, Uncommon Solutions, Deborah A. Demott
Faculty Scholarship
To what extent should decisions of companies' directors and controlling shareholders be challenged in litgation brought by disgruntled shareholders? The response in the United States tends to differ from that in Australia and Great Britain and to produce divergent legal rules for the regulation of shareholder litigation. Nonetheless, to some extent these dissimilar legal rules reflect common policy concerns created by shareholder litigation. This article begins with a brief sketch of the development of rules governing shareholder derivative suits, actions in which the shareholder sues on behalf of a company in which he owns shares alleging that the company has …
Of Sailing Ships And Seeking Facts: Brief Reflections On Magistrates And The Federal Rules Of Civil Procedure, Jonathan B. Wiener, Jack B. Weinstein
Of Sailing Ships And Seeking Facts: Brief Reflections On Magistrates And The Federal Rules Of Civil Procedure, Jonathan B. Wiener, Jack B. Weinstein
Faculty Scholarship
No abstract provided.
Book Review, George C. Christie
Book Review, George C. Christie
Faculty Scholarship
Reviewing Laura Kalman, Legal Realism at Yale 1927-60 (1986)
The Impact Of Fraudulent Conveyance Law On Future Advances Supported By Upstream Guaranties And Security Interests, Steven L. Schwarcz
The Impact Of Fraudulent Conveyance Law On Future Advances Supported By Upstream Guaranties And Security Interests, Steven L. Schwarcz
Faculty Scholarship
No abstract provided.
Assessing The Effects Of Case Characteristics And Settlement Forums On Dispute Outcomes And Compliance, Neil Vidmar
Assessing The Effects Of Case Characteristics And Settlement Forums On Dispute Outcomes And Compliance, Neil Vidmar
Faculty Scholarship
McEwen and Maiman (1986) have disagreed with my claim that the case characteristic of admitted liability explains more variability in dispute outcome and compliance than whether the case was resolved through a mediation or adjudication forum. Those authors reanalyzed some of my data from an Ontario small claims court and concluded that forum type is the stronger variable. I take issue with them on a number of conceptual and methodological points. In my own reanalysis of the Ontario data I am able to demonstrate statistically that admitted liability is the stronger predictor of outcomes. I also discuss why this should …
Comparative Dimensions Of Takeover Regulation, Deborah A. Demott
Comparative Dimensions Of Takeover Regulation, Deborah A. Demott
Faculty Scholarship
Systems of corporate law and securities regulation differ considerably amoung jurisdictions. This Article focuses on differences among rules that pertain to corporate takeovers. No jurisdiction's regulation of tender offers, however complex its terms, operates in a legal or economic vacuum. Thus, this Article begins by examining the institutional and economic factors that define the regulatory and transactional climate for tender offer regulation. These factors, in large part, explain why hostile takeover transactions occur in significant numbers in only relatively few countries. Section II surveys information describing the takeover environment in four of those countries- The United States, Great Britain, Candada, …
Teaching Values: A Dilemma, Katharine T. Bartlett
Teaching Values: A Dilemma, Katharine T. Bartlett
Faculty Scholarship
No abstract provided.
Thomas Hobbes And The Invented Tradition Of Positivism: Reflections On Language, Power, And Essentialism, James Boyle
Thomas Hobbes And The Invented Tradition Of Positivism: Reflections On Language, Power, And Essentialism, James Boyle
Faculty Scholarship
No abstract provided.
The Function Of The Civil Appeal: A Late Century View, Paul D. Carrington
The Function Of The Civil Appeal: A Late Century View, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Simplifying Subpoena Law: Taking The Fifth Amendment Seriously, Robert P. Mosteller
Simplifying Subpoena Law: Taking The Fifth Amendment Seriously, Robert P. Mosteller
Faculty Scholarship
No abstract provided.
What Is “An Establishment Of Religion”?, William W. Van Alstyne
What Is “An Establishment Of Religion”?, William W. Van Alstyne
Faculty Scholarship
No abstract provided.
Legal Fiction, James Boyle
From The Editor: Working With Facts, Richard A. Danner
From The Editor: Working With Facts, Richard A. Danner
Faculty Scholarship
No abstract provided.
Wade H. Mccree, Jr., Sara Sun Beale
Rules For Originalists, H. Jefferson Powell
Response Prepared To White House Analysis Of Judge Bork’S Record (Biden Report), Christopher H. Schroeder, Jeffrey Peck
Response Prepared To White House Analysis Of Judge Bork’S Record (Biden Report), Christopher H. Schroeder, Jeffrey Peck
Faculty Scholarship
Originally published as a Report to the Chairman of the Senate Judiciary Committee, Joseph Biden, on the nomination of Robert H. Bork to the United States Supreme Court.