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Full-Text Articles in Law

Of Sailing Ships And Seeking Facts: Brief Reflections On Magistrates And The Federal Rules Of Civil Procedure, Jonathan B. Wiener, Jack B. Weinstein Jan 1987

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.


The Function Of The Civil Appeal: A Late Century View, Paul D. Carrington Jan 1987

The Function Of The Civil Appeal: A Late Century View, Paul D. Carrington

Faculty Scholarship

No abstract provided.


Preface: Master Advocates Edition, Robinson O. Everett Jan 1987

Preface: Master Advocates Edition, Robinson O. Everett

Faculty Scholarship

No abstract provided.


Thinking About Habeas Corpus, Erwin Chemerinsky Jan 1987

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 ...


Shareholder Litigation In The United States And Australia: Common Problems, Uncommon Solutions, Deborah A. Demott Jan 1987

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 ...


The Ambiguities Of Pledging Faith, H. Jefferson Powell Jan 1987

The Ambiguities Of Pledging Faith, H. Jefferson Powell

Faculty Scholarship

No abstract provided.


Teaching Values: A Dilemma, Katharine T. Bartlett Jan 1987

Teaching Values: A Dilemma, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.


1787: The Constitution And “The Curse Of Heaven”, Walter E. Dellinger Iii Jan 1987

1787: The Constitution And “The Curse Of Heaven”, Walter E. Dellinger Iii

Faculty Scholarship

No abstract provided.


Notes On A Bicentennial Constitution: Part Ii, Antinomial Choices And The Role Of The Supreme Court, William W. Van Alstyne Jan 1987

Notes On A Bicentennial Constitution: Part Ii, Antinomial Choices And The Role Of The Supreme Court, William W. Van Alstyne

Faculty Scholarship

No abstract provided.


The Idea Of The Constitution As Hard Law, William W. Van Alstyne Jan 1987

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.


What Is “An Establishment Of Religion”?, William W. Van Alstyne Jan 1987

What Is “An Establishment Of Religion”?, William W. Van Alstyne

Faculty Scholarship

No abstract provided.


Legal Fiction, James Boyle Jan 1987

Legal Fiction, James Boyle

Faculty Scholarship

No abstract provided.


Basics Of Business Reorganization In Bankruptcy, Steven L. Schwarcz Jan 1987

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.


Note, Internationalizing The Copyright Code: An Analysis Of Legislative Proposals Seeking Adherence To The Berne Convention, Doriane Lambelet Coleman Jan 1987

Note, Internationalizing The Copyright Code: An Analysis Of Legislative Proposals Seeking Adherence To The Berne Convention, Doriane Lambelet Coleman

Faculty Scholarship

No abstract provided.


From The Editor: Books About Statutes, Richard A. Danner Jan 1987

From The Editor: Books About Statutes, Richard A. Danner

Faculty Scholarship

No abstract provided.


From The Editor: Reading Legal Research, Richard A. Danner Jan 1987

From The Editor: Reading Legal Research, Richard A. Danner

Faculty Scholarship

No abstract provided.


From The Editor: Working With Facts, Richard A. Danner Jan 1987

From The Editor: Working With Facts, Richard A. Danner

Faculty Scholarship

No abstract provided.


Reviving Republicanism, H. Jefferson Powell Jan 1987

Reviving Republicanism, H. Jefferson Powell

Faculty Scholarship

No abstract provided.


The Impact Of Fraudulent Conveyance Law On Future Advances Supported By Upstream Guaranties And Security Interests, Steven L. Schwarcz Jan 1987

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 Jan 1987

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 ...


Consumer Complaints And The Ontario Business Practices Act: An Empirical Study, Neil Vidmar, Joseph Samuels Jan 1987

Consumer Complaints And The Ontario Business Practices Act: An Empirical Study, Neil Vidmar, Joseph Samuels

Faculty Scholarship

No abstract provided.


A Judicial Declaration Of Martial Law, Lawrence G. Baxter Jan 1987

A Judicial Declaration Of Martial Law, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.


Comparative Dimensions Of Takeover Regulation, Deborah A. Demott Jan 1987

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 ...


Mackinnon’S Feminism: Power On Whose Terms?, Katharine T. Bartlett Jan 1987

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)


Wade H. Mccree, Jr., Sara Sun Beale Jan 1987

Wade H. Mccree, Jr., Sara Sun Beale

Faculty Scholarship

No abstract provided.


Thomas Hobbes And The Invented Tradition Of Positivism: Reflections On Language, Power, And Essentialism, James Boyle Jan 1987

Thomas Hobbes And The Invented Tradition Of Positivism: Reflections On Language, Power, And Essentialism, James Boyle

Faculty Scholarship

No abstract provided.


Rules For Originalists, H. Jefferson Powell Jan 1987

Rules For Originalists, H. Jefferson Powell

Faculty Scholarship

No abstract provided.


Apartheid And The South African Judiciary, Lawrence G. Baxter Jan 1987

Apartheid And The South African Judiciary, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.


Response Prepared To White House Analysis Of Judge Bork’S Record (Biden Report), Christopher H. Schroeder, Jeffrey Peck Jan 1987

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.


Book Review, George C. Christie Jan 1987

Book Review, George C. Christie

Faculty Scholarship

Reviewing Laura Kalman, Legal Realism at Yale 1927-60 (1986)