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Series

Faculty Scholarship

1985

Discipline
Institution
Keyword

Articles 1 - 30 of 136

Full-Text Articles in Law

The Internal Division Of Powers In Corporate Governance, Richard M. Buxbaum Dec 1985

The Internal Division Of Powers In Corporate Governance, Richard M. Buxbaum

Faculty Scholarship

Discusses the limitation and division of power in the governance of a corporation. Background on the concept of reserved power and collective decision making; Overview of shareholder participation in corporate governance; Conditions in state corporation law.


Book Review: Preserving The Constitution, Daniel Ann Farber Dec 1985

Book Review: Preserving The Constitution, Daniel Ann Farber

Faculty Scholarship

No abstract provided.


The New Deal, Collective Bargaining, And The Triumph Of Indistrial Pluralism, The Nlra: A Symposium, Christopher L. Tomlins Oct 1985

The New Deal, Collective Bargaining, And The Triumph Of Indistrial Pluralism, The Nlra: A Symposium, Christopher L. Tomlins

Faculty Scholarship

This paper addresses what the author views as a prevailing misconception of labor law theorists and practitioners: that the goal of the Wagner Act was no more than the promotion of peaceful negotiating procedures and written agreements between organized interests-unions and employerspresumptively equal in power. The author argues that in fact the NLRA was drafted, and for a time implemented, with the avowed purpose of giving workers equality with employers in all aspects of industrial policy making, and that the now-prevalent approach became ascendant only after considerable conflict and the displacement of the Act's original administrators.


Regulating The Sale Of Human Organs, Susan J. Hankin Sep 1985

Regulating The Sale Of Human Organs, Susan J. Hankin

Faculty Scholarship

No abstract provided.


A New Employment Policy For The 1980’S: Learning From The Victories And Defeats Of Twenty Years Of Title Vii, Jerome M. Culp Jul 1985

A New Employment Policy For The 1980’S: Learning From The Victories And Defeats Of Twenty Years Of Title Vii, Jerome M. Culp

Faculty Scholarship

No abstract provided.


The Scandal Of Smith And Buchanan: The Skeletons In The Mcculloch Vs. Maryland Closet, David S. Bogen Jun 1985

The Scandal Of Smith And Buchanan: The Skeletons In The Mcculloch Vs. Maryland Closet, David S. Bogen

Faculty Scholarship

McCulloch v. Maryland announced principles of constitutional interpretation, federal power and federal immunity which are now basic doctrines of constitutional law. Yet it was quickly the most widely attacked of all John Marshall’s decisions. A reader of the case today may have a great difficulty understanding the criticisms. One key lies in understanding the people behind McCulloch.


Confidence In Probability: Burdens Of Persuasion In A World Of Imperfect Knowledge, Neil B. Cohen Jun 1985

Confidence In Probability: Burdens Of Persuasion In A World Of Imperfect Knowledge, Neil B. Cohen

Faculty Scholarship

No abstract provided.


May The Government Exclude "Nontraditional" Charities From A Federally-Sponsored Charity Drive?, Joel Gora Apr 1985

May The Government Exclude "Nontraditional" Charities From A Federally-Sponsored Charity Drive?, Joel Gora

Faculty Scholarship

No abstract provided.


The Reluctant Witness For The Prosecution: Grand Jury Subpoenas To Defense Counsel, Stacy Caplow Apr 1985

The Reluctant Witness For The Prosecution: Grand Jury Subpoenas To Defense Counsel, Stacy Caplow

Faculty Scholarship

No abstract provided.


Bench Trials, Adversariness, And Plea Bargaining: A Comment On Schulhofers's Plan, Malcolm M. Feeley Mar 1985

Bench Trials, Adversariness, And Plea Bargaining: A Comment On Schulhofers's Plan, Malcolm M. Feeley

Faculty Scholarship

No abstract provided.


Effective Schools And Federal And State Constitutions: A Variety Of Opinions, Mark G. Yudof Feb 1985

Effective Schools And Federal And State Constitutions: A Variety Of Opinions, Mark G. Yudof

Faculty Scholarship

No abstract provided.


Allocating Ownership Rights In Computer-Generated Works, Pamela Samuelson Jan 1985

Allocating Ownership Rights In Computer-Generated Works, Pamela Samuelson

Faculty Scholarship

No abstract provided.


Complicity, Cause And Blame: A Study In The Interpretation Of Doctrine, Sanford H. Kadish Jan 1985

Complicity, Cause And Blame: A Study In The Interpretation Of Doctrine, Sanford H. Kadish

Faculty Scholarship

Examines a body of doctrine, the doctrine of complicity, that determines when one person is liable for a crime committed by another. Concept of blame; Theory of complicity; Theory of the intention requirement.


Doing Away With Tort Law, Stephen D. Sugarman Jan 1985

Doing Away With Tort Law, Stephen D. Sugarman

Faculty Scholarship

No abstract provided.


Cannibalism And The Common Law (Book Review), Robert C. Berring Jan 1985

Cannibalism And The Common Law (Book Review), Robert C. Berring

Faculty Scholarship

Reviews the book 'Cannibalism and the Common Law,' by A. W. Brian Simpson.


Unity In Tort, Contract, And Property: The Model Of Precaution, Robert Cooter Jan 1985

Unity In Tort, Contract, And Property: The Model Of Precaution, Robert Cooter

Faculty Scholarship

Explores how common law combine the goal of compensation with the goal of minimizing social costs. Goals for adopting allocative cost rules; Description of a simple model as applied to torts, contracts and property; Three common-law mechanisms for compensating victims.


Judge Wisdom And Voting Rights: The Judicial Artist As Scholar And Pragmatist, Philip P. Frickey Jan 1985

Judge Wisdom And Voting Rights: The Judicial Artist As Scholar And Pragmatist, Philip P. Frickey

Faculty Scholarship

No abstract provided.


Early Neutral Evaluation: An Experimental Effort To Expedite Dispute Resolution, Wayne D. Brazil, Michael A. Kahn, Jeffrey P. Newman, Judith Z. Gold Jan 1985

Early Neutral Evaluation: An Experimental Effort To Expedite Dispute Resolution, Wayne D. Brazil, Michael A. Kahn, Jeffrey P. Newman, Judith Z. Gold

Faculty Scholarship

No abstract provided.


Creating A New Kind Of Intellectual Property: Applying The Lessons Of The Chip Law To Computer Programs, Pamela Samuelson Jan 1985

Creating A New Kind Of Intellectual Property: Applying The Lessons Of The Chip Law To Computer Programs, Pamela Samuelson

Faculty Scholarship

No abstract provided.


Book Review: Whose Law: What Order: Historicist Interventions In The War Against Crime, Christopher L. Tomlins Jan 1985

Book Review: Whose Law: What Order: Historicist Interventions In The War Against Crime, Christopher L. Tomlins

Faculty Scholarship

No abstract provided.


Defective Warnings, Remote Causes, And Bankruptcy: Comment On Schwartz, Robert D. Cooter Jan 1985

Defective Warnings, Remote Causes, And Bankruptcy: Comment On Schwartz, Robert D. Cooter

Faculty Scholarship

Comments on the article `Products Liability, Corporate Structure, and Bankruptcy: Toxic Substances, and the Remote Risk Relationship,' by Alan Schwartz. Liability for inadequate warnings; Discussion on efficient warning and absolute liability; Conclusions.


Constitutionality Of Legislative Committee Suspension Of Administrative Rules: The Case Of Minnesota, The, Philip P. Frickey Jan 1985

Constitutionality Of Legislative Committee Suspension Of Administrative Rules: The Case Of Minnesota, The, Philip P. Frickey

Faculty Scholarship

No abstract provided.


Introduction To Education Symposium, Mark G. Yudof Jan 1985

Introduction To Education Symposium, Mark G. Yudof

Faculty Scholarship

No abstract provided.


Back To The Future: Newman On Corporal Punishment, Jonathan Simon Jan 1985

Back To The Future: Newman On Corporal Punishment, Jonathan Simon

Faculty Scholarship

No abstract provided.


Models Of Equality, Herma Hill Kay Jan 1985

Models Of Equality, Herma Hill Kay

Faculty Scholarship

No abstract provided.


Introduction, Joseph L. Sax Jan 1985

Introduction, Joseph L. Sax

Faculty Scholarship

No abstract provided.


The Chinese Struggle For Civil Rights In 19th-Century America: The Unusual Case Of Baldwin V. Franks, Charles J. Mcclain Jan 1985

The Chinese Struggle For Civil Rights In 19th-Century America: The Unusual Case Of Baldwin V. Franks, Charles J. Mcclain

Faculty Scholarship

During the mid-1880's, anti-Chinese violence reached a peak in the western United States. The Chinese government attempted to protect resident Chinese by urging private individuals to bring criminal suit in federal court on the basis of Section 5519 of the Revised Statutes of the United States. Although Section 5519 had been declared unconstitutional in 'United States' v. 'Harris' in 1882, it was argued on the basis of statutory separability or severality that it remained constitutional in the case of the Chinese. In 'Baldwin' v. 'Franks' (1887), the Supreme Court rejected the separability argument but implied that Congress did have ...


Beyond Promissory Estoppel: Contract Law And The Invisible Handshake, Daniel A. Farber, John H. Matheson Jan 1985

Beyond Promissory Estoppel: Contract Law And The Invisible Handshake, Daniel A. Farber, John H. Matheson

Faculty Scholarship

No abstract provided.


Damages For Breach Of Contract, Robert Cooter, Melvin Aron Eisenberg Jan 1985

Damages For Breach Of Contract, Robert Cooter, Melvin Aron Eisenberg

Faculty Scholarship

Examines the meanings of injury, compensation and expectation to develop theoretical and actual measures of damages for breach of contract in the U.S. Application of expectation damages, fairness and efficiency in compensatory damages; Definition of injury and compensation; Computation of damages.


Testing The Modern Critics Against Moffatt Hancock's Choice Of Law Theories, Herma Hill Kay Jan 1985

Testing The Modern Critics Against Moffatt Hancock's Choice Of Law Theories, Herma Hill Kay

Faculty Scholarship

Reviews the book 'Studies in Modern Choice-of-Law: Torts, Insurance, Land Titles,' by Moffatt Hancock.