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Articles 1 - 30 of 37
Full-Text Articles in Law
The Pluralistic Universe Of Law Towards A Neo-Classical Legal Pragmatism, Susan Haack
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
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
Private Equity's Three Lessons For Agency Theory, William Wilson Bratton
Articles
No abstract provided.
The Sentencing Commission Takes On Crack, Again, David Yellen
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
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
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
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
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
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
Corporate Political Speech And The Balance Of Powers: A New Framework For Campaign Finance Jurisprudence In Wisconsin Right To Life, Frances R. Hill
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
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
"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
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
(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
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
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
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
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
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
Chairman Kevin Martin On Indecency: Enhancing Agency Power, Lili Levi
Articles
No abstract provided.
Law's Materials, Kunal M. Parker
Of Truth, In Science And In Law, Susan Haack
The Inter-American Human Rights System: A Primer, Caroline Bettinger-López
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
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
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
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
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
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
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 …