Law Commons^™

On The Idea Of Private Law, Martin Stone

Faculty Scholarship

No abstract provided.

Rethinking The Role Of Recourse In The Sale Of Financial Assets, Steven L. Schwarcz, Peter V. Pantaleo

Faculty Scholarship

The presence of recourse in the sale of a financial asset is generally thought to jeopardize the "true sale" treatment of the sale, especially in the event of the seller's bankruptcy. This article examines the existing law and concludes that a transfer that qualifies as a sale under state law should be treated as a sale even if the buyer retains recourse to the seller, so long as recourse is limited to warranting that the asset will perform in accordance with its terms.

“The Image We See Is Our Own”: Defending The Jury’S Territory At The Heart Of The Democratic Process, Lisa Kern Griffin

Faculty Scholarship

reviewing Jeffrey B. Abramson, We the Jury (1994) and Stephen J. Adler, The Jury (1994))

Individualizing Justice Through Multiculuralism: The Liberals’ Dilemma, Doriane Lambelet Coleman

Faculty Scholarship

No abstract provided.

Adr And Future Adjudication: A Primer On Dispute Resolution, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Just Deserts For Accountants And Attorneys After Bank Of Denver, James D. Cox

Faculty Scholarship

No abstract provided.

The Uneasy Place Of Principle In Tort Law, George C. Christie

Faculty Scholarship

No abstract provided.

Equal Protection And The Special Relationship: The Case Of Native Hawaiians, Stuart M. Benjamin

Faculty Scholarship

No abstract provided.

The Duration Of Copyright And The Limits Of Cultural Policy, Jerome H. Reichman

Faculty Scholarship

No abstract provided.

Contract And Jurisdiction, Paul D. Carrington, Paul H. Haagen

Faculty Scholarship

No abstract provided.

Rationing Through Choice: A New Approach To Cost-Effectiveness Analysis In Health Care, Arti K. Rai

Faculty Scholarship

No abstract provided.

From Free Riders To Fair Followers: Global Competition Under The Trips Agreement, Jerome H. Reichman

Faculty Scholarship

No abstract provided.

Legal Issues Presented By A Pilot International Greenhouse Gas (Ghg) Trading System, Jonathan B. Wiener, Richard B. Stewart, Philippe Sands

Faculty Scholarship

No abstract provided.

The Last Article About The Language Of Erisa Preemption? A Case Study Of The Failure Of Textualism, Catherine Fisk

Faculty Scholarship

No abstract provided.

Cyberattack! Are We At War?, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Intellectual Property Policy Online: A Young Person’S Guide, James Boyle

Faculty Scholarship

This is an edited version of a presentation to the "Intellectual Property Online" panel at the Harvard Conference on the Internet and Society, May 28-31, 1996. The panel was a reminder of both the importance of intellectual property and the dangers of legal insularity. Of approximately 400 panel attendees, 90% were not lawyers. Accordingly, the remarks that follow are an attempt to lay out the basics of intellectual property policy in a straighforward and non-technical manner. In other words, this is what non-lawyers should know (and what a number of government lawyers seem to have forgotten) about intellectual property policy …

Congressional Control Of The Courts: A Theoretical And Empirical Analysis Of Expansion Of The Federal Judiciary, John M. De Figueiredo, Emerson H. Tiller

Faculty Scholarship

Congress has many available tools to influence the federal judiciary. In this article, we consider Congress' ability to balance, or stack, the courts through the creation of federal judgeships. While caseload pressure often produces the need for more judgeships, we demonstrate that political party alignment between Congress and the president often determines the timing of the judicial expansion. The net effect of expanding during political alignment is to speed up changes in the political balance of the judiciary in favor of the current Congress. We also examine the determinants of expansion size and show that both political alignment and caseload …

The Impact Of The Proposed California Civil Rights Initiative, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

The Ethics Of Being A Commentator, Erwin Chemerinsky, Laurie Levenson

Faculty Scholarship

No abstract provided.

Trust And Tension Within Corporations, Deborah A. Demott

Faculty Scholarship

Reviewing, Progressive Corporate Law (Lawrence E. Mitchell ed., 1995)

Judge Gerald W. Heaney: An Admired And Respected Jurist, Mentor, And Friend, Laura S. Underkuffler

Faculty Scholarship

No abstract provided.

Yoder And The Question Of Equality, Laura S. Underkuffler

Faculty Scholarship

No abstract provided.

Pretrial Prejudice In Canada: A Comparative Perspective On The Criminal Jury, Neil Vidmar

Faculty Scholarship

No abstract provided.

Federalizing Crime: Assessing The Impact On The Federal Courts, Sara Sun Beale

Faculty Scholarship

This article examines the history of federal criminal jurisdiction and criminal enforcement, and reviews federal caseload statistics. The federal criminal caseload grew dramatically between 1980 and the mid-1990s, but this increase tells only part of the story. The federal criminal caseload has fluctuated widely over the past two decades, and the number of criminal cases today is about the same as it was in the early 1970s. Although criminal cases now account for only one-fifth of the federal caseload, they take a large and disproportionate share of federal judicial resources. In more than one-third of federal judicial districts, criminal cases …

Why Are There So Few Black Lawyers In Corporate Law Firms? An Institutional Analysis, Mitu Gulati, David B. Wilkins

Faculty Scholarship

Although the number of black students graduating from law schools has increased significantly in recent decades, blacks still make up a very small minority of the lawyers working in large corporate law firms. Available data indicate that these firms hire few blacks, and that those they do hire are more likely than their white peers to leave the firms before becoming partners. Conventional explanations blame the underrepresentation of blacks in corporate firms on either the racism of firms and their clients, or a shortage of qualified, interested black candidates. While acknowledging that in some instances these factors may help to …

Making Sense Of The Affirmative Action Debate, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

A. Kenneth Pye, Walter E. Dellinger Iii

Faculty Scholarship

No abstract provided.

Making Health Plans Accountable For The Quality Of Care, Clark C. Havighurst

Faculty Scholarship

No abstract provided.

Politics, Institutions, And Outcomes: Electricity Regulation In Argentina And Chile, William B. Heller, Mathew D. Mccubbins

Faculty Scholarship

Risk, whether market or political, is an important determinant of private investment decisions. One important risk, subject to control by the government, is the risk associated with the hold-up problem: governments can force utilities to shoulder burdensome taxes, to use input factors ineffectively, or to charge unprofitable rates for their service. To attract private investment governments must be able to make commitments to policies that are nonexpropriative (either to contracts that guarantee very high rates of return or to favorable regulatory policies). These commitments, of course, must be credible.

Judgments about the credibility of commitments to regulatory policies are based …

Rationality And The Foundations Of Positive Political Theory, Mathew D. Mccubbins, Michael F. Thies

Faculty Scholarship

In this paper, we discuss and debunk the four most common critiques of the rational choice research program (which we prefer to call Positive Political Theory) by explaining and advocating its foundations: the rationality assumption, component analysis (abstraction), strategic behavior, and theory building, in turn. We argue that the rationality assumption and component analysis, properly understood, can be seen to underlie all social science, despite the protestations of critics. We then discuss the two ways that PPT most clearly contributes to political science (i.e., what distinguishes it from other research programs), namely the introduction of strategic behavior (people do not …