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Articles 1 - 28 of 28
Full-Text Articles in Law
China's Conception Of Law For Hong Kong, And Its Implications For The Sar And Us-Prc Relations, Jacques Delisle
China's Conception Of Law For Hong Kong, And Its Implications For The Sar And Us-Prc Relations, Jacques Delisle
All Faculty Scholarship
No abstract provided.
The United States' Approach To International Civil Litigation: Recent Developments In Forum Selection, Stephen B. Burbank
The United States' Approach To International Civil Litigation: Recent Developments In Forum Selection, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
"Not Just For The Fun Of It!" Governmental Restraints On Black Leisure, Social Inequality, And The Privatization Of Public Space, Regina Austin
"Not Just For The Fun Of It!" Governmental Restraints On Black Leisure, Social Inequality, And The Privatization Of Public Space, Regina Austin
All Faculty Scholarship
No abstract provided.
Bringing Legal Realism To The Study Of Ethics And Professionalism, Douglas N. Frenkel, Robert L. Nelson, Austin Sarat
Bringing Legal Realism To The Study Of Ethics And Professionalism, Douglas N. Frenkel, Robert L. Nelson, Austin Sarat
All Faculty Scholarship
No abstract provided.
Incommensurable Choices And The Problem Of Moral Ignorance, Leo Katz
Incommensurable Choices And The Problem Of Moral Ignorance, Leo Katz
All Faculty Scholarship
No abstract provided.
Bargaining In The Shadow Of The Market: Is There A Future For Egalitarian Marriage?, Amy L. Wax
Bargaining In The Shadow Of The Market: Is There A Future For Egalitarian Marriage?, Amy L. Wax
All Faculty Scholarship
No abstract provided.
Reconsidering Insurance For Punitive Damages, Tom Baker
Reconsidering Insurance For Punitive Damages, Tom Baker
All Faculty Scholarship
No abstract provided.
The Newest Property: Reproductive Technologies And The Concept Of Parenthood, Kermit Roosevelt Iii
The Newest Property: Reproductive Technologies And The Concept Of Parenthood, Kermit Roosevelt Iii
All Faculty Scholarship
No abstract provided.
Transforming Punishment Into Compensation: In The Shadow Of Punitive Damages, Tom Baker
Transforming Punishment Into Compensation: In The Shadow Of Punitive Damages, Tom Baker
All Faculty Scholarship
No abstract provided.
Collective Bargaining Over Asset Restructuring, Edward B. Rock, Michael L. Wachter
Collective Bargaining Over Asset Restructuring, Edward B. Rock, Michael L. Wachter
All Faculty Scholarship
No abstract provided.
Access To Justice And Civil Forfeiture Reform: Providing Lawyers For The Poor And Recapturing Forfeited Assets For Impoverished Comrnunities, Louis S. Rulli
Access To Justice And Civil Forfeiture Reform: Providing Lawyers For The Poor And Recapturing Forfeited Assets For Impoverished Comrnunities, Louis S. Rulli
All Faculty Scholarship
No abstract provided.
An Evolutionary Theory Of Corporate Law And Corporate Bankruptcy, David A. Skeel Jr.
An Evolutionary Theory Of Corporate Law And Corporate Bankruptcy, David A. Skeel Jr.
All Faculty Scholarship
In this Article, Professor Skeel argues that the important recent literature exploring historical and political influences on American corporate law has neglected a crucial component of corporate governance: corporate bankruptcy. Only by appreciating the complementary relationship between corporate law and corporate bankruptcy can we understand how corporate governance operates in any given nation. To show this, the Article contrasts American corporate governance with that of Japan and Germany. America's market-driven corporate governance can only function effectively if the bankruptcy framework includes a manager-driven reorganization option. The relational shareholding that characterizes Japanese and German corporate governance, by contrast, requires a much …
Foreword, Symposium, The Legal Profession: The Impact Of Law And Legal Theory, Geoffrey C. Hazard Jr.
Foreword, Symposium, The Legal Profession: The Impact Of Law And Legal Theory, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
The Underlying Causes Of Withdrawal And Expulsion Of Partners From Law Firms, Geoffrey C. Hazard Jr.
The Underlying Causes Of Withdrawal And Expulsion Of Partners From Law Firms, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Hart's Methodological Positivism, Stephen R. Perry
Hart's Methodological Positivism, Stephen R. Perry
All Faculty Scholarship
No abstract provided.
Posner's Economic Approach To Comparative Law, William Ewald
Posner's Economic Approach To Comparative Law, William Ewald
All Faculty Scholarship
No abstract provided.
Objectivist Vs. Subjectivist Views Of Criminality: A Study In The Role Of Social Science In Criminal Law Theory, Paul H. Robinson, John M. Darley
Objectivist Vs. Subjectivist Views Of Criminality: A Study In The Role Of Social Science In Criminal Law Theory, Paul H. Robinson, John M. Darley
All Faculty Scholarship
The authors use social science methodology to determine whether a doctrinal shift-from an objectivist view of criminality in the common law to a subjectivist view in modern criminal codes-is consistent with lay intuitions of the principles of justice. Commentators have suggested that lay perceptions of criminality have shifted in a way reflected in the doctrinal change, but the study results suggest a more nuanced conclusion: that the modern lay view agrees with the subjectivist view of modern codes in defining the minimum requirements of criminality, but prefers the common law's objectivist view of grading the punishment deserved. The authors argue …
An Historical Analysis Of The Binding Nature Of Class Suits, Geoffrey C. Hazard Jr., John L. Gedid, Stephen Sowie
An Historical Analysis Of The Binding Nature Of Class Suits, Geoffrey C. Hazard Jr., John L. Gedid, Stephen Sowie
All Faculty Scholarship
No abstract provided.
The Evidentiary Theory Of Blackmail: Taking Motives Seriously, Mitchell N. Berman
The Evidentiary Theory Of Blackmail: Taking Motives Seriously, Mitchell N. Berman
All Faculty Scholarship
No abstract provided.
Bankruptcy Judges And Bankruptcy Venue: Some Thoughts On Delaware, David A. Skeel Jr.
Bankruptcy Judges And Bankruptcy Venue: Some Thoughts On Delaware, David A. Skeel Jr.
All Faculty Scholarship
No abstract provided.
Testing Competing Theories Of Justification, Paul H. Robinson, John M. Darley
Testing Competing Theories Of Justification, Paul H. Robinson, John M. Darley
All Faculty Scholarship
Present criminal law theory reflects a disagreement over the underlying theory of the justificatory principle, and thus the proper legal formulation of such defenses. At the core of the debate about the principle is the following question. Are justification defenses given because the actor's deed avoids a greater harm, or because she acted for the right reason? The deeds theory of justification justifies conduct that avoids a greater harm, because the conduct is conduct that we would be happy to tolerate under similar circumstances in the future: that is, because the actor has done the right deed. The reasons theory …
Sources Of Commitment To Social Justice, Dorothy E. Roberts
Sources Of Commitment To Social Justice, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Moral Responsibility: A Story, An Argument, And A Vision, Stephen J. Morse
Moral Responsibility: A Story, An Argument, And A Vision, Stephen J. Morse
All Faculty Scholarship
No abstract provided.
Migration As International Trade: The Economic Gains From The Liberalized Movement Of Labor, Howard F. Chang
Migration As International Trade: The Economic Gains From The Liberalized Movement Of Labor, Howard F. Chang
All Faculty Scholarship
No abstract provided.
Who May Give Birth To Citizens? Reproduction, Eugenics, And Immigration, Dorothy E. Roberts
Who May Give Birth To Citizens? Reproduction, Eugenics, And Immigration, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Can Internet Offerings Bridge The Small Business Capital Barrier?, Jill E. Fisch
Can Internet Offerings Bridge The Small Business Capital Barrier?, Jill E. Fisch
All Faculty Scholarship
Internet technology offers the potential to reduce the search and information costs associated with capital formation. Commentators have suggested that the Web will enable small business to achieve better access to the capital markets. To facilitate this access, they have suggested regulatory reforms to make internet offerings cheaper and easier. At the same time, small business offerings have been identified as among the most risky, offering a caution to those who counsel regulatory reform. This article examines the existing regulatory climate. State and federal regulators have adopted a number of recent reforms to facilitate the use of the internet and …
The Religious Lawyer In A Pluralist Society, Howard Lesnick
The Religious Lawyer In A Pluralist Society, Howard Lesnick
All Faculty Scholarship
No abstract provided.
In Defense Of The Model Penal Code: A Reply To Professor Fletcher, Paul H. Robinson
In Defense Of The Model Penal Code: A Reply To Professor Fletcher, Paul H. Robinson
All Faculty Scholarship
No abstract provided.