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1986

University of Minnesota Law School

Articles 1 - 30 of 103

Full-Text Articles in Law

Statutes Of Limitations In Minnesota Choice Of Law: The Problematic Return Of The Substance-Procedure Distinction, Laura Cooper Jan 1986

Statutes Of Limitations In Minnesota Choice Of Law: The Problematic Return Of The Substance-Procedure Distinction, Laura Cooper

Articles

Assume that you are an attorney seeking to determine the statute of limitations applicable in Minnesota to a case with multistate aspects. Perhaps you consult the Dunnell Minnesota Digest 2d, which states succinctly: "If a cause of action not arising in this state or accruing to a citizen thereof is barred by the law of another state it is barred here." 1 The encylopedia then states several corollary propositions for multistate cases with different fact patterns and provices numerous case citations in support of the propositions. What the reference unfortunately fails to tell you is that the legal propositions and …


Individual Responsibility For Assisting The Nazis In Persecuting Civilians, Stephen J. Massey Jan 1986

Individual Responsibility For Assisting The Nazis In Persecuting Civilians, Stephen J. Massey

Minnesota Law Review

No abstract provided.


Issue Manipulation By The Burger Court: Saving The Community From Itself, Suzanna Sherry Jan 1986

Issue Manipulation By The Burger Court: Saving The Community From Itself, Suzanna Sherry

Minnesota Law Review

No abstract provided.


Unclean Hands And Self-Inflicted Wounds: The Significance Of Plaintiff Conduct In Actions For Misrepresentation Under Rule 10b-5, Theresa A. Gabaldon Jan 1986

Unclean Hands And Self-Inflicted Wounds: The Significance Of Plaintiff Conduct In Actions For Misrepresentation Under Rule 10b-5, Theresa A. Gabaldon

Minnesota Law Review

No abstract provided.


Private Causes Of Action Under The Reporting Rules Of The Consumer Product Safety Act, William R. Goetz Jan 1986

Private Causes Of Action Under The Reporting Rules Of The Consumer Product Safety Act, William R. Goetz

Minnesota Law Review

No abstract provided.


Cure After Breach Of Contract Under The Restatement(Second) Of Contracts: An Analytical Comparison With The Uniform Commercial Code, William H. Lawrence Jan 1986

Cure After Breach Of Contract Under The Restatement(Second) Of Contracts: An Analytical Comparison With The Uniform Commercial Code, William H. Lawrence

Minnesota Law Review

No abstract provided.


Hostile Share Acquisitions And Corporate Governance: A Framework For Evaluating Antitakeover Activities, John H. Matheson, Jon R. Norberg Jan 1986

Hostile Share Acquisitions And Corporate Governance: A Framework For Evaluating Antitakeover Activities, John H. Matheson, Jon R. Norberg

Articles

In recent years, there has been a significant increase in the number of hostile share acquisitions of American businesses. The authors examine the validity of the various defensive measures employed by target companies to defeat or deter a hostile takeover bid. They argue that antitakeover activity should not be viewed as a separate subset of legal analysis; rather, it should be analyzed according to four traditional principles of corporate governance: (1) the discretion afforded corporate management by the business judgment rule; (2) the prohibition against discriminating between members of the same class of shareholders; (3) the prohibition against shifting control …


Criminal Procedure In A Conservative Age: A Time To Rediscover The Critical Nonconstitutional Issues, Richard Frase Jan 1986

Criminal Procedure In A Conservative Age: A Time To Rediscover The Critical Nonconstitutional Issues, Richard Frase

Articles

Criminal procedure is changing fast these days, but teachers of criminal procedure are not. Most of us have probably given considerable thought to the philosophical and doctrinal significance of the Supreme Court's increasingly conservative approach to constitutional issues, but have we thought about the broader pedagogic and professional implications of this major doctrinal shift? For me. the current conservative trend raises fundamental questions about the kinds of issues we should be addressing in our teaching, research, and public service activities. In particular. we need to start asking ourselves whether our traditional heavy emphasis on constitutional issues (which has been going …


The Antitrust State-Action Doctrine After Fisher V. Berkeley, Daniel Gifford Jan 1986

The Antitrust State-Action Doctrine After Fisher V. Berkeley, Daniel Gifford

Articles

No abstract provided.


Barnes V. Kline: Picking The President's Pocket, Benson K. Whitney Jan 1986

Barnes V. Kline: Picking The President's Pocket, Benson K. Whitney

Minnesota Law Review

No abstract provided.


The Case Against Brilliance, Daniel A. Farber Jan 1986

The Case Against Brilliance, Daniel A. Farber

Minnesota Law Review

No abstract provided.


Rationality, Accident, And Priority Under Article 9 Of The Uniform Commercial Code, David Gray Carlson Jan 1986

Rationality, Accident, And Priority Under Article 9 Of The Uniform Commercial Code, David Gray Carlson

Minnesota Law Review

No abstract provided.


Bankruptcy Court Jurisdiction And The Power To Enjoin The Irs, Deborah A. Dyson Jan 1986

Bankruptcy Court Jurisdiction And The Power To Enjoin The Irs, Deborah A. Dyson

Minnesota Law Review

No abstract provided.


Protective Orders And The Use Of Discovery Materials Following Seattle Times, Diane L. Bratvold Jan 1986

Protective Orders And The Use Of Discovery Materials Following Seattle Times, Diane L. Bratvold

Minnesota Law Review

No abstract provided.


Of Evidence And Equal Protection: The Unconstitutionality Of Excluding Government Agents' Statements Offered As Vicarious Admissions Against The Prosecution, Edward J. Imwinkelried Jan 1986

Of Evidence And Equal Protection: The Unconstitutionality Of Excluding Government Agents' Statements Offered As Vicarious Admissions Against The Prosecution, Edward J. Imwinkelried

Minnesota Law Review

No abstract provided.


Shielding Rape Victims In The State And Federal Courts: A Proposal For The Second Decade, Harriett R. Galvin Jan 1986

Shielding Rape Victims In The State And Federal Courts: A Proposal For The Second Decade, Harriett R. Galvin

Minnesota Law Review

No abstract provided.


Using Judgement As Evidence, Hiroshi Motomura Jan 1986

Using Judgement As Evidence, Hiroshi Motomura

Minnesota Law Review

No abstract provided.


Book Review: The Goldmark Case: An American Libel Trial. By William L. Dwyer., Carol T. Rieger Jan 1986

Book Review: The Goldmark Case: An American Libel Trial. By William L. Dwyer., Carol T. Rieger

Constitutional Commentary

Book review: The Goldmark Case: An American Libel Trial. By William L. Dwyer. Seattle: University of Washington Press. 1984. Pp. xi, 291. Reviewed by: Carol T. Rieger.


Book Review: How Does The Constitution Secure Rights? Edited By Robert A. Goldwin And William Schambra., Charles Umbanhowar Jan 1986

Book Review: How Does The Constitution Secure Rights? Edited By Robert A. Goldwin And William Schambra., Charles Umbanhowar

Constitutional Commentary

Book review: How Does the Constitution Secure Rights? Edited by Robert A. Goldwin and William Schambra. Washington: American Enterprise Institute. 1985. Pp. ix, 125. Reviewed by: Charles Umbanhowar.


Book Review: Edward S. Corwin And The American Constitution: A Bibliographical Analysis. By Kenneth D. Crews; The President, Office And Powers 1787-1984: History And Analysis Of Theory And Practice. By Edward S. Corwin; Constitutional Conflicts Between Congress And The President. By Louis Fisher., Charles A. Lofgren Jan 1986

Book Review: Edward S. Corwin And The American Constitution: A Bibliographical Analysis. By Kenneth D. Crews; The President, Office And Powers 1787-1984: History And Analysis Of Theory And Practice. By Edward S. Corwin; Constitutional Conflicts Between Congress And The President. By Louis Fisher., Charles A. Lofgren

Constitutional Commentary

Book review: Edward S. Corwin and the American Constitution: A Bibliographical Analysis. By Kenneth D. Crews. Westport, Conn.: Greenwood Press. 1985. Pp. xiv, 226 ; The President, Office and Powers 1787-1984: History and Analysis of Theory and Practice. By Edward S. Corwin. Fifth Revised Edition by Randall W. Bland, Theodore T. Hindson, and Jack W. Peltason. New York: New York University Press. 1984. Pp. xxii, 565 ; Constitutional Conflicts Between Congress and the President. By Louis Fisher. Princeton, N.J.: Princeton University Press. 1984. Pp. xviii, 372. Reviewed by: Charles A. Lofgren.


Book Review: Distributive Justice: A Social- Psychological Perspective. By Morton Deutsch; Equality In America: The View From The Top. By Sidney Verbat And Gary R. Orren., Catherine Zuckert Jan 1986

Book Review: Distributive Justice: A Social- Psychological Perspective. By Morton Deutsch; Equality In America: The View From The Top. By Sidney Verbat And Gary R. Orren., Catherine Zuckert

Constitutional Commentary

Book review: Distributive Justice: A Social- Psychological Perspective. By Morton Deutsch. New Haven, Conn.: Yale University Press. 1985. Pp. vii, 313 ; Equality in America: The View from the Top. By Sidney Verbat and Gary R. Orren. Cambridge, Mass.: Harvard University Press. 1985. Pp. x, 334. Reviewed by: Catherine Zuckert


Book Review: The Origins Of The Civil Rights Movement: Black Communities Organizing For Change. By Aldon D. Morris., Clayborne Carson Jan 1986

Book Review: The Origins Of The Civil Rights Movement: Black Communities Organizing For Change. By Aldon D. Morris., Clayborne Carson

Constitutional Commentary

Book review: The Origins of the Civil Rights Movement: Black Communities Organizing for Change. By Aldon D. Morris. New York: The Free Press. 1984. Pp. xiv, 354. Reviewed by: Clayborne Carson


Book Review: Ideals, Beliefs, Attitudes And The Law: Private Law Perspectives On A Public Law Problem. By Guido Calabresi., Daniel A. Farber Jan 1986

Book Review: Ideals, Beliefs, Attitudes And The Law: Private Law Perspectives On A Public Law Problem. By Guido Calabresi., Daniel A. Farber

Constitutional Commentary

Book review: Ideals, Beliefs, Attitudes and the Law: Private Law Perspectives on a Public Law Problem. By Guido Calabresi. Syracuse, N.Y.: Syracuse University Press. 1985. Pp. 208. Reviewed by: Daniel A. Farber.


Gresham's Law Of Legal Scholarship, Daniel A. Farber Jan 1986

Gresham's Law Of Legal Scholarship, Daniel A. Farber

Constitutional Commentary

No abstract provided.


An Economic Analysis Of Abortion, Daniel A. Farber Jan 1986

An Economic Analysis Of Abortion, Daniel A. Farber

Constitutional Commentary

No abstract provided.


Federal Law In State Supreme Courts., Daniel J. Meador Jan 1986

Federal Law In State Supreme Courts., Daniel J. Meador

Constitutional Commentary

No abstract provided.


The Third Death Of Federalism?, Daniel A. Farber, David P. Bryden Jan 1986

The Third Death Of Federalism?, Daniel A. Farber, David P. Bryden

Constitutional Commentary

No abstract provided.


State Regulation And The Dormant Commerce Clause., Daniel A. Farber Jan 1986

State Regulation And The Dormant Commerce Clause., Daniel A. Farber

Constitutional Commentary

No abstract provided.


Book Review: Press Law In Modern Democracies: A Comparative Study. Edited By Pnina Lahav., David A. Anderson Jan 1986

Book Review: Press Law In Modern Democracies: A Comparative Study. Edited By Pnina Lahav., David A. Anderson

Constitutional Commentary

Book review: Press law in modern democracies: a comparative study. Edited by Pnina Lahav. New York: Longman Inc. 1985. Pp. xvi, 366. Reviewed by: David A. Anderson.


The Devil's Casebook, David P. Bryden Jan 1986

The Devil's Casebook, David P. Bryden

Constitutional Commentary

No abstract provided.