Law Commons^™

Relevance Of Tort Law Doctrines To Rule 10b-5: Should Careless Plaintiffs Be Denied Recovery , Margaret V. Sachs

Cornell Law Review

No abstract provided.

Neutral Taxation Of Capital Income: An Achievable Goal?, Pamela B. Gann

Law and Contemporary Problems

No abstract provided.

Tax Legislation In The Reagan Era—Movement To Or From A Consumption Base?, Charles O. Galvin

Law and Contemporary Problems

No abstract provided.

Bias In The Boardroom: Psychological Foundations And Legal Implications Of Corporate Cohesion, James D. Cox, Harry L. Munsinger

Law and Contemporary Problems

No abstract provided.

Derivative Suit Settlements: In Search Of A New Lodestar

Law and Contemporary Problems

No abstract provided.

The Unfaithful Champion: The Plaintiff As Monitor In Shareholder Litigation, John C. Coffee Jr.

Law and Contemporary Problems

No abstract provided.

Reliance On The Law Of The Circuit—A Requiem, Walter V. Schaefer

Duke Law Journal

No abstract provided.

Defining The Scope Of The Due Process Right To Protection: The Fourth Circuit Considers Child Abuse And Good Faith Immunity , John B. Kassel

Cornell Law Review

No abstract provided.

“Freedom” And ”Coercion”—Virtue Words And Vice Words, Peter Westen

Duke Law Journal

Much has changed since young Thomas Jefferson took up his quill pen in the winter of 1781 and wrote by candlelight about "freedom" and "coercion." More has changed since Plato lauded freedom and derogated coercion two thousand years earlier. 2 The material changes in the way we live are obvious. The normative changes in what we value -- in what we regard as good and evil, right and wrong -- are equally dramatic: the abolition of chattel slavery, the disestablishment of religion, the end of indentured servitude, the demise of monarchy, the prohibition of torture and blood sanctions, the banning …

Beyond Conventional Education: A Definition Of Education Under The Education For All Handicapped Children Act Of 1975, Lauren A. Larson

Law and Contemporary Problems

No abstract provided.

Age Appropriateness As A Factor In Educational Placement Decisions, Evelyn M. Pursley

Law and Contemporary Problems

No abstract provided.

Reflections On The Substance Of Finality , Geoffrey C. Hazard Jr.

Cornell Law Review

No abstract provided.

Interjurisdictional Preclusion And Federal Common Law Toward A General Approach, Stephen B. Burbank

Cornell Law Review

No abstract provided.

Formal Justice And Judicial Precedent, David B. Lyons

Faculty Scholarship

Despite the encroachment of legislation on matters that used to lie within the province of the common law, considerable scope remains for the judicial practice of following precedent, without challenging the authority of written law. For decisions must still be rendered where legislation has not yet intervened, and interpretations of written law can be accorded precedential force.

Why should courts follow precedents? When past decisions are unobjectionable on their merits, the practice is relatively unproblematic. It might, perhaps, be justified by the usual argument that it makes judicial decisions more predictable. That justification hardly seems, however, to confront the fact …

Nonlegislative Rulemaking And Regulatory Reform, Michael Asimow

Duke Law Journal

The adoption of interpretive rules and policy statemens is a vital part of the administrative process. These "nonlegislative" rules clarify the language of statutes and prior rules and give structure to agency discretionary powers. Courts have encountered difficulty in distinguishing legislative from nonlegislative rules because the practical impact of both kinds of rules may be the same. Regulatory reform proposals at both federal and state levels would require agencies to employ notice and comment procedures before adopting many nonlegislative rules. This article contends that such requirements would discourage agencies from adopting nonlegislative rules and thus would dramatically disserve the public …

The Ethics In Government Act Of 1978: Problems With The Attorney General’S Discretion And Proposals For Reform, Stephen Charles Mixter

Duke Law Journal

No abstract provided.

Equal Educational Opportunity For Children With Special Needs: The Federal Role In Australia, Betsy Levin

Law and Contemporary Problems

No abstract provided.

Felony-Murder Rule A Doctrine At Constitutional Crossroads , Nelson E. Roth, Scott E. Sundby

Cornell Law Review

No abstract provided.

Corporate Wars And Choice Of Law, P. John Kozyris

Duke Law Journal

On the occasion of the increase in corporate wars and takeover battles, the author examines the constitutional and conflict of laws issues involved in choosing the law to govern the internal affairs aspects of the defensive and offensive strategies and tactics used in the various confrontations. This leads to a review of recent judicial and legislative developments, including the antitakeover statutes, to an examination of the traditional and the new conflict-of-laws methodologies as they affect internal corporate affairs, and to an analysis of the implications of the due process, full faith and credit, and, especially, the commerce clauses of the …

The Failure Of Agency-Forcing: The Regulation Of Airborne Carcinogens Under Section 112 Of The Clean Air Act, John D. Graham

Duke Law Journal

Professor Graham analyzes section 112 of the Clean Air Act, a provision intended by Congress to achieve ambitious regulatory ends by constraining agency discretion. The performance of the Environmental Protection Agency in implementing section 112 reveals flaws inherent in this "agency-forcing" approach to statutory design. In particular, section 112 directs the Agency to list formally those pollutants that it determines-without statutory guidance-to be "hazardous." This directive, added to the requirement that the Agency promulgate within short dead-lines very stringent rules regulating listed pollutants, has led to a lack of result that is perceived as bureaucratic footdragging. This lack of result …

Employee Handbooks And Employment-At-Will Contracts, Richard Harrison Winters

Duke Law Journal

No abstract provided.

An Argument For Pre-Award Attachment In International Arbitration Under The New York Convention, Kevin Jeffrey Brody

Cornell International Law Journal

No abstract provided.

Is Thinking Like A Lawyer Enough?, Sallyanne Payton

University of Michigan Journal of Law Reform

Every year that I attend meetings of the Law School's Committee of Visitors I ask members of the committee how the school might improve the training that we give to our graduates. Every year until this one the lawyers who have responded to this question have given a standard answer: the young lawyers are smart, they say, smarter in many respects than their seniors, but they don't know how to write well. This response usually leads to a discussion of the proper place of skills training in the law school curriculum; lawyers and professors engage in a little jousting over …

The Allure Of Legalization Reconsidered: The Case Of Special Education, David Neal, David L. Kirp

Law and Contemporary Problems

No abstract provided.