Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 18 of 18

Full-Text Articles in Law

Introduction: "Plus Ca Change...?", Stephen B. Burbank Jul 1988

Introduction: "Plus Ca Change...?", Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


Uncertainty, Efficiency, And The Brokerage Industry, Michael S. Knoll Apr 1988

Uncertainty, Efficiency, And The Brokerage Industry, Michael S. Knoll

All Faculty Scholarship

No abstract provided.


The Classical Corporation In American Legal Thought, Herbert J. Hovenkamp Jan 1988

The Classical Corporation In American Legal Thought, Herbert J. Hovenkamp

All Faculty Scholarship

Classical political economy was dedicated to the principle that the state could best encourage economic development by leaving entrepreneurs alone, free of regulation and subsidy. The development of classical economic policy in the United States dramatically changed the concept of the business corporation. Within the preclassical, mercantilist model, the corporation was a unique entity created by the state for a special purpose and enjoyed a privileged relationship with the sovereign. The very act of incorporation presumed state involvement. State subsidy and the incorporators' public obligation were natural corollaries. Business firms that relied on the market alone to determine their prospects …


Four Predictions For The Criminal Law Of 2043, Paul H. Robinson Jan 1988

Four Predictions For The Criminal Law Of 2043, Paul H. Robinson

All Faculty Scholarship

The Model Penal Code has all the markings of an historic document. It is a sophisticated and enlightened model for penal reform that has put the United States in the front row of reformers. And many believe that the likes of such an historic reform will not come again for more than another century. In my view, it can hardly be disputed that the Code is an historic document. It is less clear, however, that we should not expect a dramatically different code before another century.


Look Before You Leap: Some Cautionary Notes On Civic Republicanism, Michael A. Fitts Jan 1988

Look Before You Leap: Some Cautionary Notes On Civic Republicanism, Michael A. Fitts

All Faculty Scholarship

No abstract provided.


The Right To Counsel Under Attack, David Rudovsky Jan 1988

The Right To Counsel Under Attack, David Rudovsky

All Faculty Scholarship

No abstract provided.


The Law And Economics Of Collective Bargaining: An Introduction And Application To The Problems Of Subcontracting, Partial Closure, And Relocation, Michael L. Wachter, George M. Cohen Jan 1988

The Law And Economics Of Collective Bargaining: An Introduction And Application To The Problems Of Subcontracting, Partial Closure, And Relocation, Michael L. Wachter, George M. Cohen

All Faculty Scholarship

No abstract provided.


The Chancellor's Boot, Stephen B. Burbank Jan 1988

The Chancellor's Boot, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


The Federalist's Plain Meaning: Reply To Tushnet, Anita L. Allen Jan 1988

The Federalist's Plain Meaning: Reply To Tushnet, Anita L. Allen

All Faculty Scholarship

No abstract provided.


Privacy, Surrogacy, And The Baby M Case, Anita L. Allen Jan 1988

Privacy, Surrogacy, And The Baby M Case, Anita L. Allen

All Faculty Scholarship

No abstract provided.


Of Rules And Discretion: The Supreme Court, Federal Rules And Common Law, Stephen B. Burbank Jan 1988

Of Rules And Discretion: The Supreme Court, Federal Rules And Common Law, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


Reply To Cornel West, William Ewald Jan 1988

Reply To Cornel West, William Ewald

All Faculty Scholarship

No abstract provided.


Treating Crazy People Less Specially, Stephen J. Morse Jan 1988

Treating Crazy People Less Specially, Stephen J. Morse

All Faculty Scholarship

No abstract provided.


Employer Abuse, Worker Resistance, And The Tort Of Intentional Infliction Of Emotional Distress, Regina Austin Jan 1988

Employer Abuse, Worker Resistance, And The Tort Of Intentional Infliction Of Emotional Distress, Regina Austin

All Faculty Scholarship

No abstract provided.


The Doctrine Of Accommodation In The Jurisprudence Of The Religion Clauses, Sarah Barringer Gordon, Arlin M. Adams Jan 1988

The Doctrine Of Accommodation In The Jurisprudence Of The Religion Clauses, Sarah Barringer Gordon, Arlin M. Adams

All Faculty Scholarship

No abstract provided.


The Mystery And Myth Of "Ostensible Ownership" And Article 9 Filing: A Critique Of Proposals To Extend Filing Requirements To Leases, Charles W. Mooney Jr. Jan 1988

The Mystery And Myth Of "Ostensible Ownership" And Article 9 Filing: A Critique Of Proposals To Extend Filing Requirements To Leases, Charles W. Mooney Jr.

All Faculty Scholarship

No abstract provided.


Legality And Discretion In The Distribution Of Criminal Sanctions, Paul H. Robinson Jan 1988

Legality And Discretion In The Distribution Of Criminal Sanctions, Paul H. Robinson

All Faculty Scholarship

The judicial system now responds to criminal conduct in two rather divergent steps. A judge or jury first determines if a defendant should be held liable for a criminal offense. If so, then the judge or jury goes on to choose a penalty. Precise rules, designed to ensure fairness and predictability, govern the first stage, liability assignment. In the second stage, sentencing, however, judges and juries exercise broad discretion in meting out sanctions. In this Article, Professor Robinson argues that both liability assignment and sentencing are part of a single process of punishing criminal behavior and should be made more …


Unger's Philosophy: A Critical Legal Study, William Ewald Jan 1988

Unger's Philosophy: A Critical Legal Study, William Ewald

All Faculty Scholarship

Of all the scholars associated with the Critical Legal Studies movement, none has garnered greater attention or higher praise than Roberto Unger of Harvard Law School. In this Article, William Ewald argues that Professor Unger's reputation as a brilliant philosopher of law is undeserved. Despite the seeming erudition of his books, Professor Unger's work displays little familiarity with the basic philosophical literature, and the philosophical, legal, and political analysis in those works-in particular, the celebrated critique of liberalism in Knowledge and Politics-is so riddled with logical and historical errors as to be unworthy of serious scholarly attention.