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Journal Articles

2002

Discipline
Institution
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Articles 1 - 30 of 129

Full-Text Articles in Law

American Legal Ethics, Thomas L. Shaffer Oct 2002

American Legal Ethics, Thomas L. Shaffer

Journal Articles

The ethics of American lawyers come from the English gentleman-lawyer of the nineteenth century, with the steady addition of an elitist Jeffersonian gloss. But they have, within the last century, been seperated, so that reulation claims to operate without conscience. The result is that the law of lawyers is now the principal, if not only, feature of the official codes, and ethics as ethics is is spread oer insignificant consensus statements by bar associations and promising scholarship from academic lawyers, some small part of which deserves to be called ethics and even, from small beginnings to be called religious ethics.


Marxism And The Continuing Irrelevance Of Normative Theory (Reviewing G. A. Cohen, If You're An Egalitarian, How Come You're So Rich? (2000)), Brian Leiter May 2002

Marxism And The Continuing Irrelevance Of Normative Theory (Reviewing G. A. Cohen, If You're An Egalitarian, How Come You're So Rich? (2000)), Brian Leiter

Journal Articles

No abstract provided.


The Perception Of Risk, Cass R. Sunstein Feb 2002

The Perception Of Risk, Cass R. Sunstein

Journal Articles

No abstract provided.


Thinking Outside The Little Boxes: A Response To Professor Schlunk, David A. Weisbach Jan 2002

Thinking Outside The Little Boxes: A Response To Professor Schlunk, David A. Weisbach

Journal Articles

No abstract provided.


Changing The Premise Of International Legal Remedies: The Unfounded Adoption Of Assurances And Guarantees Of Non-Repetition, Scott Sullivan Jan 2002

Changing The Premise Of International Legal Remedies: The Unfounded Adoption Of Assurances And Guarantees Of Non-Repetition, Scott Sullivan

Journal Articles

No abstract provided.


Homes Rule (Reviewing William A. Fischel, The Homevoter Hypothesis: How Home Values Influence Local Government Taxation, School Finance, And Land-Use Policies (2001)), Lee Anne Fennell Jan 2002

Homes Rule (Reviewing William A. Fischel, The Homevoter Hypothesis: How Home Values Influence Local Government Taxation, School Finance, And Land-Use Policies (2001)), Lee Anne Fennell

Journal Articles

No abstract provided.


Law, Policy, And Market Implications Of Genetic Profiling In Drug Development, Michael J. Malinowski Jan 2002

Law, Policy, And Market Implications Of Genetic Profiling In Drug Development, Michael J. Malinowski

Journal Articles

No abstract provided.


Context And Institutional Structure In Attorney Regulation: Constructing An Enforcement Regime For International Arbitration, Catherine A. Rogers Jan 2002

Context And Institutional Structure In Attorney Regulation: Constructing An Enforcement Regime For International Arbitration, Catherine A. Rogers

Journal Articles

The question that looms large over the future of international arbitration is: How much should states yield to the international arbitration system? This Article attempts to answer the question as it applies to the specific context of regulating attorney conduct.


Asset Acquisitions: A Colloquy, Samuel C. Thompson Jr. Jan 2002

Asset Acquisitions: A Colloquy, Samuel C. Thompson Jr.

Journal Articles

No abstract provided.


The Selective Deportation Of Same-Gender Partners: In Search Of The "Rara Avis", Victor C. Romero Jan 2002

The Selective Deportation Of Same-Gender Partners: In Search Of The "Rara Avis", Victor C. Romero

Journal Articles

This article seeks to explore the possibility that a selective deportation of a same-gender partner who has overstayed her visa constitutes an outrageous case under the AADC test. Its modest goal is to discourage the INS from ever pursuing such a strategy, knowing that there are probably many who believe that same-gender overstays, even if civilly united in Vermont, are not the ideal candidates for "suspect class" status under U.S. constitutional law. That notwithstanding, common sense and sound doctrine suggest that, despite the many anti-gay and anti-immigrant decisions handed down over the last twenty years, the Court will not ...


Guilds At The Millennium: Antitrust And The Professions: Introduction, Susan Beth Farmer Jan 2002

Guilds At The Millennium: Antitrust And The Professions: Introduction, Susan Beth Farmer

Journal Articles

This Article is an Introduction to the Symposium Issue of the Loyola Consumer Law Review. The papers published in the symposium issue were originally presented at the meeting of the Section on Antitrust and Economic Regulation of the Association of American Law Schools (AALS) at the Association Annual Conference in 2002.


Charter Insights For American Equality Jurisprudence, Stephen F. Ross Jan 2002

Charter Insights For American Equality Jurisprudence, Stephen F. Ross

Journal Articles

Although both the Canadian Charter and the United States Constitutions protect persons from denial of equal protection of the law, the interpretation of the broad language of the two equality guarantees has been quite different. The Supreme Court of Canada has adopted an approach of substantive equality, concluding that section 15 is designed to prevent the loss of human dignity that accompanies discrimination based on disadvantage and stereotype. At least with regard to race, a majority of the justices on the United States Supreme Court adhere to a jurisprudence of formal equality, concluding that the Fifth and Fourteenth Amendments prohibit ...


Light, Less-Filling, It's Blue-Ribbon!, Stephen F. Ross Jan 2002

Light, Less-Filling, It's Blue-Ribbon!, Stephen F. Ross

Journal Articles

This Commentary reviews the recommendations of the Blue Ribbon Panel and, accepting the Report's perspective of advocating the long-term interests of baseball fans, identifies some important and positive contributions made by the Report. Next, some significant flaws and shortcomings are discussed. Finally, the Commentary suggests several practical reforms likely to improve competitive balance which plausibly could secure the support of t he various constituencies of the National Pastime.


'Rogue States' Within American Borders: Remedying State Noncompliance With The International Covenant On Civil And Political Rights, Margaret S. Thomas Jan 2002

'Rogue States' Within American Borders: Remedying State Noncompliance With The International Covenant On Civil And Political Rights, Margaret S. Thomas

Journal Articles

Nearly a decade after the United States ratified the International Covenant on Civil and Political Rights, the treaty's implementation is incomplete. A complex maze of reservations, understandings, and declarations has hindered domestic implementation, as has Congress 's failure to pass national implementing legislation. Almost every state in the Union has laws that violate the Covenant. For example, the treaty requires that in criminal matters, juveniles must be tried in a manner that takes account of their age. Nevertheless, California and many other states frequently treat minors as adults in such matters. Because the Senate declared the treaty to be ...


Waiting For The Labor Law Of The Twenty-First Century: Everything Old Is New Again, William R. Corbett Jan 2002

Waiting For The Labor Law Of The Twenty-First Century: Everything Old Is New Again, William R. Corbett

Journal Articles

No abstract provided.


The Jurisprudence Of Greed, Eric A. Posner Jan 2002

The Jurisprudence Of Greed, Eric A. Posner

Journal Articles

No abstract provided.


Switching The Default Rule, Cass R. Sunstein Jan 2002

Switching The Default Rule, Cass R. Sunstein

Journal Articles

There is a standard analysis of default rules in contract law, including those forms of contract law that fall under the label of employment law. But behavioral economics raises many complications. Professor Cass R. Sunstein explains that the default rule can create an endowment effect, making employees value certain rights more, simply because they have been granted such rights in the first instance. New evidence, based on a survey of law students, is introduced to show a significant endowment effect in the context of vacation time. Similarly, the default rule for savings plans, set by employers or by law, seems ...


Philippic.Com, Cass R. Sunstein Jan 2002

Philippic.Com, Cass R. Sunstein

Journal Articles

A recent trend in so-called "second generation" legal commentary about the Internet suggests that, though it is an unparalleled communication medium and a means of engaging in global e-commerce, it is not an unmitigated force for good. Instead, the Net poses a fundamental danger to democracy. This trend takes shape in works by well-known cyberlaw theorists like Lawrence Lessig, Andrew Shapiro, and Neil Weinstock Netanel, but the most recent and most troubling criticism lies in Professor Cass Sunstein 's Republic.com. In this book, Professor Sunstein argues that perfect filtering of information on the Internet will lead to a fractured ...


Predictably Incoherent Judgments, Cass R. Sunstein, Daniel Kahneman, Ilana Ritov, David Schkade Jan 2002

Predictably Incoherent Judgments, Cass R. Sunstein, Daniel Kahneman, Ilana Ritov, David Schkade

Journal Articles

When people make moral or legal judgments in isolation, they produce a pattern of outcomes that they would themselves reject, if only they could see that pattern as a whole. A major reason is that human thinking is category-bound. When people see a case in isolation, they spontaneously compare it to other cases that are mainly drawn from the same category of harms. When people are required to compare cases that involve different kinds of harms, judgments that appear sensible when the problems are considered separately often appear incoherent and arbitrary in the broader context. Another major source of incoherence ...


Classical Liberalism Meets The New Constitutional Order: A Comment On Mark Tushnet, Richard A. Epstein Jan 2002

Classical Liberalism Meets The New Constitutional Order: A Comment On Mark Tushnet, Richard A. Epstein

Journal Articles

No abstract provided.


Liberty, Equality, And Privacy: Choosing A Legal Foundation For Gay Rights, Richard A. Epstein Jan 2002

Liberty, Equality, And Privacy: Choosing A Legal Foundation For Gay Rights, Richard A. Epstein

Journal Articles

No abstract provided.


Parental Rights, Emily Buss Jan 2002

Parental Rights, Emily Buss

Journal Articles

No abstract provided.


Derivative Securities And Corporate Governance, Frank H. Easterbrook Jan 2002

Derivative Securities And Corporate Governance, Frank H. Easterbrook

Journal Articles

No abstract provided.


Do Liberals And Conservatives Differ In Judicial Activism?, Frank H. Easterbrook Jan 2002

Do Liberals And Conservatives Differ In Judicial Activism?, Frank H. Easterbrook

Journal Articles

No abstract provided.


Reflections On Constitutionalizing Women's Equality, Mary Anne Case Jan 2002

Reflections On Constitutionalizing Women's Equality, Mary Anne Case

Journal Articles

No abstract provided.


Maintaining The Integrity Of Death: An Argument For Restricting A Defendant's Right To Volunteer For Execution At Certain Stages In Capital Proceedings, Anthony Casey Jan 2002

Maintaining The Integrity Of Death: An Argument For Restricting A Defendant's Right To Volunteer For Execution At Certain Stages In Capital Proceedings, Anthony Casey

Journal Articles

No abstract provided.


The End Of Bankruptcy, Douglas G. Baird, Robert K. Rasmussen Jan 2002

The End Of Bankruptcy, Douglas G. Baird, Robert K. Rasmussen

Journal Articles

No abstract provided.


Four (Or Five) Easy Lessons From Enron, Douglas G. Baird, Robert K. Rasmussen Jan 2002

Four (Or Five) Easy Lessons From Enron, Douglas G. Baird, Robert K. Rasmussen

Journal Articles

No abstract provided.


Does Literature Work As Social Science? The Case Of George Orwell, Richard A. Epstein Jan 2002

Does Literature Work As Social Science? The Case Of George Orwell, Richard A. Epstein

Journal Articles

No abstract provided.


A Rational Basis For Affirmative Action: A Shaky But Classical Liberal Defense, Richard A. Epstein Jan 2002

A Rational Basis For Affirmative Action: A Shaky But Classical Liberal Defense, Richard A. Epstein

Journal Articles

No abstract provided.