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Full-Text Articles in Law

The Pluralistic Universe Of Law Towards A Neo-Classical Legal Pragmatism, Susan Haack Dec 2008

The Pluralistic Universe Of Law Towards A Neo-Classical Legal Pragmatism, Susan Haack

Articles

After a brief sketch of the history of philosophical pragmatism generally, and of legal pragmatism specifically (section 1), this paper develops a new, neo-classical legal pragmatism: a theory of law drawing in part on Holmes, but also on ideas from the classical pragmatist tradition in philosophy. Main themes are the "pluralistic universe" of law (section 2); the evolution of legal systems (section 3); the place of logic in the law (section 4); and the relation of law and morality (section 5).


Private Equity's Three Lessons For Agency Theory, William Wilson Bratton Dec 2008

Private Equity's Three Lessons For Agency Theory, William Wilson Bratton

Articles

It is time to consider the lessons to be learned from the recent boom in private equity buyouts, not least in view of its abrupt termination in the wake of tightened credit. In the past, such inquiries have been undertaken in the context of agency theory and have focused on the buyout's implications for solving the problem of separation of ownership and control. This article reverses the pattern of inquiry to consider the buyout's implications for agency theory, pointing to three lessons. The first lesson addresses agency theory's three-way association among control transfers, governance discipline and hostile takeovers, suggesting that …


Private Equity's Three Lessons For Agency Theory, William Wilson Bratton Oct 2008

Private Equity's Three Lessons For Agency Theory, William Wilson Bratton

Articles

No abstract provided.


The Sentencing Commission Takes On Crack, Again, David Yellen Apr 2008

The Sentencing Commission Takes On Crack, Again, David Yellen

Articles

We may be entering a new era of drug sentencing policy. For the first time, an effort by the United States Sentencing Commission to reduce the disparity in treatment between crack and powder cocaine offenders by somewhat reducing crack sentences has succeeded. Decisions of the United States Supreme Court, culminating most recently in Kimbrough v. United States and Gall v. United States, have clarified and expanded the flexibility federal judges have in sentencing under the post- United States v. Booker advisory sentencing guidelines. Political leaders have begun to accept the need for relaxation of at least some of the …


Report To The American Bankruptcy Institute: Prevalence Of Substantive Consolidation In Large Public Company Bankruptcies From 2000 To 2005, William H. Widen Apr 2008

Report To The American Bankruptcy Institute: Prevalence Of Substantive Consolidation In Large Public Company Bankruptcies From 2000 To 2005, William H. Widen

Articles

No abstract provided.


Jessica Gonzales V. United States: An Emerging Model For Domestic Violence & Human Rights Advocacy In The United States, Caroline Bettinger-López Jan 2008

Jessica Gonzales V. United States: An Emerging Model For Domestic Violence & Human Rights Advocacy In The United States, Caroline Bettinger-López

Articles

No abstract provided.


Runaway Grand Jury: Activists Attempt To Redefine Obscenity Law In Kansas, Jill Barton Jan 2008

Runaway Grand Jury: Activists Attempt To Redefine Obscenity Law In Kansas, Jill Barton

Articles

No abstract provided.


Consumers Of Financial Services And Multi-Level Regulation In The European Union, Caroline Bradley Jan 2008

Consumers Of Financial Services And Multi-Level Regulation In The European Union, Caroline Bradley

Articles

No abstract provided.


How Not To Do Medical Malpractice Reform: A Florida Case Study, Mary I. Coombs Jan 2008

How Not To Do Medical Malpractice Reform: A Florida Case Study, Mary I. Coombs

Articles

No abstract provided.


Prosecuting The Jena Six, Anthony V. Alfieri Jan 2008

Prosecuting The Jena Six, Anthony V. Alfieri

Articles

No abstract provided.


Corporate Political Speech And The Balance Of Powers: A New Framework For Campaign Finance Jurisprudence In Wisconsin Right To Life, Frances R. Hill Jan 2008

Corporate Political Speech And The Balance Of Powers: A New Framework For Campaign Finance Jurisprudence In Wisconsin Right To Life, Frances R. Hill

Articles

No abstract provided.


Panama City Reflections: Growing The City In The Time Of Sustainable Development, Ileana Porras Jan 2008

Panama City Reflections: Growing The City In The Time Of Sustainable Development, Ileana Porras

Articles

No abstract provided.


"Latinas/Os" And The Politics Of Knowledge Production: Latcrit Scholarship And Academic Activism As Social Justice Action, Margaret E. Montoya, Francisco Valdes Jan 2008

"Latinas/Os" And The Politics Of Knowledge Production: Latcrit Scholarship And Academic Activism As Social Justice Action, Margaret E. Montoya, Francisco Valdes

Articles

No abstract provided.


Of Service Workers, Contracting Out, Joint Employment, Legal Consciousness, And The University Of Miami, Kenneth M. Casebeer Jan 2008

Of Service Workers, Contracting Out, Joint Employment, Legal Consciousness, And The University Of Miami, Kenneth M. Casebeer

Articles

No abstract provided.


(Un)Covering Identity In Civil Rights And Poverty Law, Anthony V. Alfieri Jan 2008

(Un)Covering Identity In Civil Rights And Poverty Law, Anthony V. Alfieri

Articles

No abstract provided.


Exempt Organizations In The 2008 Election: Will Wisconsin Right To Life Bring Changes?, Frances R. Hill Jan 2008

Exempt Organizations In The 2008 Election: Will Wisconsin Right To Life Bring Changes?, Frances R. Hill

Articles

No abstract provided.


Plessy's Ghost: Grutter, Seattle And The Quiet Reversal Of Brown, D. Marvin Jones Jan 2008

Plessy's Ghost: Grutter, Seattle And The Quiet Reversal Of Brown, D. Marvin Jones

Articles

No abstract provided.


The "Tomimaru" (Japan V. Russian Federation). Judgment. Itlos Case No. 15. At . International Tribunal For The Law Of The Sea, August 6, 2007., Bernard H. Oxman Jan 2008

The "Tomimaru" (Japan V. Russian Federation). Judgment. Itlos Case No. 15. At . International Tribunal For The Law Of The Sea, August 6, 2007., Bernard H. Oxman

Articles

No abstract provided.


What's Wrong With Litigation-Driven Science? An Essay In Legal Epistemology, Susan Haack Jan 2008

What's Wrong With Litigation-Driven Science? An Essay In Legal Epistemology, Susan Haack

Articles

No abstract provided.


Foreword Interruptions And Intersections: Journeys To The Center Of The Americas, Francisco Valdes Jan 2008

Foreword Interruptions And Intersections: Journeys To The Center Of The Americas, Francisco Valdes

Articles

No abstract provided.


Chairman Kevin Martin On Indecency: Enhancing Agency Power, Lili Levi Jan 2008

Chairman Kevin Martin On Indecency: Enhancing Agency Power, Lili Levi

Articles

No abstract provided.


Law's Materials, Kunal M. Parker Jan 2008

Law's Materials, Kunal M. Parker

Articles

No abstract provided.


Of Truth, In Science And In Law, Susan Haack Jan 2008

Of Truth, In Science And In Law, Susan Haack

Articles

No abstract provided.


The Inter-American Human Rights System: A Primer, Caroline Bettinger-López Jan 2008

The Inter-American Human Rights System: A Primer, Caroline Bettinger-López

Articles

No abstract provided.


Subordination And The Fortuity Of Our Circumstances, Sergio J. Campos Jan 2008

Subordination And The Fortuity Of Our Circumstances, Sergio J. Campos

Articles

The antisubordination principle exists at the margins of equality law. This Article seeks to revive the antisubordination principle by taking a fresh look at its structure and underlying justification. First, the Article provides an account of the harm of subordination that focuses on one's position in society, rejecting the focus on groups popular in the existing antisubordination literature. Second, it argues for a theory of state obligation that goes beyond both the existing state action doctrine of the Equal Protection Clause and the failure to protect doctrine associated with Charles Black. The Article argues instead that the antisubordination principle mandates …


Business As Usual: The Roberts Court's Continued Neglect Of Adequacy And Equity Concerns In American Education, Osamudia R. James Jan 2008

Business As Usual: The Roberts Court's Continued Neglect Of Adequacy And Equity Concerns In American Education, Osamudia R. James

Articles

No abstract provided.


The Four Eras Of Fcc Public Interest Regulation, Lili Levi Jan 2008

The Four Eras Of Fcc Public Interest Regulation, Lili Levi

Articles

No abstract provided.


Proving Causation: The Holism Of Warrant And The Atomism Of Daubert, Susan Haack Jan 2008

Proving Causation: The Holism Of Warrant And The Atomism Of Daubert, Susan Haack

Articles

No abstract provided.


Forcing Analogies In Law: Badiou, Set Theory, And Models, William H. Widen Jan 2008

Forcing Analogies In Law: Badiou, Set Theory, And Models, William H. Widen

Articles

No abstract provided.


Mixed Speech: When Speech Is Both Private And Governmental, Caroline Mala Corbin Jan 2008

Mixed Speech: When Speech Is Both Private And Governmental, Caroline Mala Corbin

Articles

Speech is generally considered to be either private or governmental, and this dichotomy is embedded in First Amendment jurisprudence. However, speech is often neither purely private nor purely governmental but rather a combination of the two. Nonetheless, the Supreme Court has not yet recognized mixed speech as a distinct category of speech. This Article suggests considerations for identifying mixed speech and exposes the shortcomings of the current approach of classifying all speech as either private or governmental when determining whether viewpoint restrictions pass First Amendment muster. Treating mixed speech as government speech gives short shrift to the free speech interests …