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Articles 1 - 30 of 107
Full-Text Articles in Law
Is Fraudulent Conveyance Law Efficient?, David G. Carlson
Is Fraudulent Conveyance Law Efficient?, David G. Carlson
Articles
No abstract provided.
Law And Enchantment: The Place Of Belief, Joseph Vining
Law And Enchantment: The Place Of Belief, Joseph Vining
Articles
The question I wish to raise is whether one must believe what one says when one makes a statement of law. The language of belief that we know, and from which moral discourse and the moral never stray far: do judges, lawyers, law participate in it? Any such question is but an aspect of a larger question, indeed issue, of what we may call the objectivity of legal language. It is raised perhaps most acutely by the broad claims now being made for artificial intelligence and in particular for the computer programming of legal advice (as a species of what …
Proprietary Rights And The Norms Of Science In Biotechnology Research, Rebecca S. Eisenberg
Proprietary Rights And The Norms Of Science In Biotechnology Research, Rebecca S. Eisenberg
Articles
As basic research in biotechnology yields increasing commercial applications, scientists and their research sponsors have become more eager to protect the commercial value of research discoveries through intellectual property law. Some scientists fear that these commercial incentives will weaken or even undermine the norms that have traditionally governed scientific research. In this Article, Professor Eisenberg examines the interaction of proprietary rights in inventions with these traditional scientific norms. Trade secrecy, she argues, is an undesirable strategy for protection of basic research discoveries because it impedes dissemination of new knowledge to the scientific community. She finds that patent law is in …
'Comparative Reprehensibility' And The Fourth Amendment Exclusionary Rule, Yale Kamisar
'Comparative Reprehensibility' And The Fourth Amendment Exclusionary Rule, Yale Kamisar
Articles
It is not . . . easy to see what the shock-the-conscience test adds, or should be allowed to add, to the deterrent function of exclusionary rules. Where no deterrence of unconstitutional police behavior is possible, a decision to exclude probative evidence with the result that a criminal goes free to prey upon the public should shock the judicial conscience even more than admitting the evidence. So spoke Judge Robert H. Bork, concurring in a ruling that the fourth amendment exclusionary rule does not apply to foreign searches conducted exclusively by foreign officials. A short time thereafter, when an interviewer …
The Humane And Just Alternative For Canada, James C. Hathaway
The Humane And Just Alternative For Canada, James C. Hathaway
Articles
The essence of C-55 ignores the admonition of the Standing Committee that we must be "knowledgeable and sensitive to human rights issues rather than immigration issues. The determination decision is not an immigration matter but instead a decision as to who are Convention refugees in need of Canada's protection." In stark contrast, immigration authorities have spoken of the importance of refugee law reform as a means of "enabling us to continue our strategy of controlled growth in immigration to Canada." By speaking of refugees in the same breath as immigration policy, the department has effectively confused the privilege of immigration …
John W. Reed And The High Style, Theodore J. St. Antoine
John W. Reed And The High Style, Theodore J. St. Antoine
Articles
John Reed is the Fred Astaire of the law school world. That doesn't mean John would win prizes for his waltzing and tangoing; the kinship runs much deeper. There is the same purity of line in gesture and speech, the same trimness of content and grace of expression, and the same ineffable talent for brightening up a scene just by entering it.
A Primer On The Sale Of Corporate Control (Reviewing David Cowan Bayne, The Philosophy Of Corporate Control: A Treatise On The Law Of Fiduciary Duty (1986)), Saul Levmore
Articles
No abstract provided.
Successor Liability In Bankruptcy: Some Unifying Themes Of Intertemporal Creditor Priorities Created By Running Covenants, Products Liability, And Toxic-Waste Cleanup, David G. Carlson
Articles
No abstract provided.
The American Advantage: The Value Of Inefficient Litigation, Samuel R. Gross
The American Advantage: The Value Of Inefficient Litigation, Samuel R. Gross
Articles
In a recent article, The German Advantage in Civil Procedure,1 Professor John Langbein claims that the German system of civil litigation is superior to the American; in an earlier article he makes a parallel claim about German criminal procedure.2 Roughly, Professor Langbein argues that by comparison to the German process, American litigation is overly complex, expensive, slow, and unpredictable - in short, inefficient.3 Professor Langbein is not the first and will not be the last to criticize American legal institutions in these terms, but he expresses this criticism particularly well: he is concise and concrete, he describes American practice by …
How To Argue About Health Care, Don Herzog
How To Argue About Health Care, Don Herzog
Articles
Despite the aggressive title of this article, my goals are modest. I begin by explaining briefly what should at any rate be obvious: that health care policies inescapably raise moral and political difficulties, difficulties that no technical fix could resolve. I move on to puzzle over the connections between some of the more abstract issues of moral and political theory and medical policy: here I urge that we develop a more sustained taste for exploring the moral conflicts embedded in our current practices. Finally, I suggest a strategy for making nitty-gritty facts-from the concrete world of third-party payment, expensive technology, …
From Billy Budd To Buchenwald (Reviewing Weisberg, Richard H., The Failure Of The Word: The Protagonist As Lawyer In Modern Fiction (1984)), Richard A. Posner
From Billy Budd To Buchenwald (Reviewing Weisberg, Richard H., The Failure Of The Word: The Protagonist As Lawyer In Modern Fiction (1984)), Richard A. Posner
Articles
No abstract provided.
Causation - In Context: An Afterword, Richard A. Epstein
Causation - In Context: An Afterword, Richard A. Epstein
Articles
No abstract provided.
Organized Exchanges And The Regulation Of Dual Class Common Stock, Daniel R. Fischel
Organized Exchanges And The Regulation Of Dual Class Common Stock, Daniel R. Fischel
Articles
No abstract provided.
The Regulation Of Banks And Bank Holding Companies, Daniel R. Fischel, Andrew M. Rosenfield, Robert S. Stillman
The Regulation Of Banks And Bank Holding Companies, Daniel R. Fischel, Andrew M. Rosenfield, Robert S. Stillman
Articles
No abstract provided.
The Ethics Of Wealth Maximization: Reply To Malloy, Richard A. Posner
The Ethics Of Wealth Maximization: Reply To Malloy, Richard A. Posner
Articles
No abstract provided.
The Regulation Of The Market In Adoptions, Richard A. Posner
The Regulation Of The Market In Adoptions, Richard A. Posner
Articles
No abstract provided.
Adjudicatory Jurisdiction And Class Actions, Diane P. Wood
Adjudicatory Jurisdiction And Class Actions, Diane P. Wood
Articles
No abstract provided.
Self-Interest And The Constitution, Richard A. Epstein
A Jury Hoax: The Superpower Of The Opening Statement, Hans Zeisel
A Jury Hoax: The Superpower Of The Opening Statement, Hans Zeisel
Articles
No abstract provided.
Lochner's Legacy, Cass R. Sunstein
Lochner's Misunderstood Legacy, Cass R. Sunstein
Federalism: Evaluating The Founders' Design, Michael W. Mcconnell
Federalism: Evaluating The Founders' Design, Michael W. Mcconnell
Articles
No abstract provided.
Why Hold Elections? - Using Consent Decrees To Insulate Policies From Political Change, Michael W. Mcconnell
Why Hold Elections? - Using Consent Decrees To Insulate Policies From Political Change, Michael W. Mcconnell
Articles
No abstract provided.
Allocating Antitrust Decisionmaking Tasks, Frank H. Easterbrook
Allocating Antitrust Decisionmaking Tasks, Frank H. Easterbrook
Articles
Antitrust law has become a branch of industrial organization, itself a branch of economics. Today judges and the antitrust enforcement agencies search at every turn for economic arguments pro and con. This is a staple in academic thought as well-and it makes little difference what stripe. Those who could be called hawks employ economic argument, just as do those who see less scope for antitrust do. Most of the papers delivered at this symposium, like the merger guidelines issued by the National Association Attorneys General (NAAG),' are grounded in economic rather than political theories. More economics lies ahead. But what …
Comparative Advantage And Antitrust Law, Frank H. Easterbrook
Comparative Advantage And Antitrust Law, Frank H. Easterbrook
Articles
No abstract provided.
Justice And Contract In Consent Judgments, Frank H. Easterbrook
Justice And Contract In Consent Judgments, Frank H. Easterbrook
Articles
No abstract provided.
Beyond The Rule Of Law: Civic Virtue And Constitutional Structure, Richard A. Epstein
Beyond The Rule Of Law: Civic Virtue And Constitutional Structure, Richard A. Epstein
Articles
No abstract provided.
Municipal Liablility Under Sec. 1983: A Legal And Economic Analysis, Larry B. Kramer, Alan O. Sykes
Municipal Liablility Under Sec. 1983: A Legal And Economic Analysis, Larry B. Kramer, Alan O. Sykes
Articles
No abstract provided.
Bork: The Transformation Of A Conservative Constitutionalist, Philip B. Kurland
Bork: The Transformation Of A Conservative Constitutionalist, Philip B. Kurland
Articles
No abstract provided.
Comment On Schlesinger, The Constitution And Presidential Leadership, Philip B. Kurland
Comment On Schlesinger, The Constitution And Presidential Leadership, Philip B. Kurland
Articles
No abstract provided.