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Full-Text Articles in Law

Rules Versus Standards: An Economic Analysis, Louis Kaplow Dec 1992

Rules Versus Standards: An Economic Analysis, Louis Kaplow

Duke Law Journal

This Article offers an economic analysis of the extent to which legal commands should be promulgated as rules or standards. Two dimensions of the problem are emphasized. First, the choice between rules and standards affects costs: Rules typically are more costly than standards to create, whereas standards tend to be more costly for individuals to interpret when deciding how to act and for an adjudicator to apply to past conduct. Second, when individuals can determine the application of rules to their contemplated acts more cheaply, conduct is more likely to reflect the content of previously promulgated rules than of standards ...


Intention, Interpretation, And Stories, Jane B. Baron Dec 1992

Intention, Interpretation, And Stories, Jane B. Baron

Duke Law Journal

No abstract provided.


Expounding The Constitution: Legal Fictions And The Ninth Amendment , Tejshree Thapa Nov 1992

Expounding The Constitution: Legal Fictions And The Ninth Amendment , Tejshree Thapa

Cornell Law Review

No abstract provided.


When The Court Divides: Reconsidering The Precedential Value Of Supreme Court Plurality Decisions, Mark Alan Thurmon Nov 1992

When The Court Divides: Reconsidering The Precedential Value Of Supreme Court Plurality Decisions, Mark Alan Thurmon

Duke Law Journal

No abstract provided.


Ec Maritime Transport Policy And Regulation, Rosa Greaves Oct 1992

Ec Maritime Transport Policy And Regulation, Rosa Greaves

Duke Journal of Comparative & International Law

No abstract provided.


Defining Illegal Insider Trading—Lessons From The European Community Directive On Insider Trading, Thomas Lee Hazen Oct 1992

Defining Illegal Insider Trading—Lessons From The European Community Directive On Insider Trading, Thomas Lee Hazen

Law and Contemporary Problems

The EC made a bold move towards defining precisely what conduct constitutes improper trading on nonpublic information with its Insider Trading Directive. The differences between the EC and US laws on insider trading are examined.


Ignorance Is Not Bliss: Responsible Corporate Officers Convicted Of Environmental Crimes And The Federal Sentencing Guidelines, Lisa Ann Harig Oct 1992

Ignorance Is Not Bliss: Responsible Corporate Officers Convicted Of Environmental Crimes And The Federal Sentencing Guidelines, Lisa Ann Harig

Duke Law Journal

No abstract provided.


Legitimacy Model For The Interpretation Of Plurality Decisions, Ken Kimura Sep 1992

Legitimacy Model For The Interpretation Of Plurality Decisions, Ken Kimura

Cornell Law Review

No abstract provided.


Groups, Histories, And The International Law, Lea Brilmayer Jul 1992

Groups, Histories, And The International Law, Lea Brilmayer

Cornell International Law Journal

No abstract provided.


Claims By Non-State Groups In International Law, Benedict Kingsbury Jul 1992

Claims By Non-State Groups In International Law, Benedict Kingsbury

Cornell International Law Journal

No abstract provided.


Family Law And Individual Responsibility , William Kristol Jul 1992

Family Law And Individual Responsibility , William Kristol

Cornell Law Review

No abstract provided.


Death Of Contract And The Rise Of Tort , Robert H. Bork Jul 1992

Death Of Contract And The Rise Of Tort , Robert H. Bork

Cornell Law Review

No abstract provided.


A Taxing Issue: Are Limited Entry Fishing Permits Property, Jon David Weiss Jun 1992

A Taxing Issue: Are Limited Entry Fishing Permits Property, Jon David Weiss

Alaska Law Review

No abstract provided.


Some Thoughts On “Deossifying” The Rulemaking Process, Thomas O. Mcgarity Jun 1992

Some Thoughts On “Deossifying” The Rulemaking Process, Thomas O. Mcgarity

Duke Law Journal

No abstract provided.


Re-Inventing Rulemaking, E. Donald Elliott Jun 1992

Re-Inventing Rulemaking, E. Donald Elliott

Duke Law Journal

No abstract provided.


Nonlegislative Rules And The Administrative Open Mind, Ronald M. Levin Jun 1992

Nonlegislative Rules And The Administrative Open Mind, Ronald M. Levin

Duke Law Journal

No abstract provided.


The Rulemaking Continuum, Peter L. Strauss Jun 1992

The Rulemaking Continuum, Peter L. Strauss

Duke Law Journal

No abstract provided.


Honey The Judge Says We’Re History: Abrogating The Marital Privileges Via Modern Doctrines Of Marital Worthiness , Steven N. Gofman May 1992

Honey The Judge Says We’Re History: Abrogating The Marital Privileges Via Modern Doctrines Of Marital Worthiness , Steven N. Gofman

Cornell Law Review

No abstract provided.


Environmental Considerations Of The Emerging United States-Mexico Free Trade Agreement, Michael Scott Feeley, Elizabeth Knier Apr 1992

Environmental Considerations Of The Emerging United States-Mexico Free Trade Agreement, Michael Scott Feeley, Elizabeth Knier

Duke Journal of Comparative & International Law

No abstract provided.


From The Soviet Committee Of Constitutional Supervision To The Russian Constitutional Court, Herbert Hausmaninger Apr 1992

From The Soviet Committee Of Constitutional Supervision To The Russian Constitutional Court, Herbert Hausmaninger

Cornell International Law Journal

No abstract provided.


Securities Laws And The Social Costs Of Inaccurate Stock Prices, Marcel Kahan Apr 1992

Securities Laws And The Social Costs Of Inaccurate Stock Prices, Marcel Kahan

Duke Law Journal

No abstract provided.


Countervailing Power—Different Rules For Different Markets? Conduct And Context In Antitrust Law And Economics, Barbara Ann White Apr 1992

Countervailing Power—Different Rules For Different Markets? Conduct And Context In Antitrust Law And Economics, Barbara Ann White

Duke Law Journal

No abstract provided.


Increased Judicial Scrutiny For The Administrative Crime , Mark D. Alexander Mar 1992

Increased Judicial Scrutiny For The Administrative Crime , Mark D. Alexander

Cornell Law Review

No abstract provided.


Islamic Constitutionalism And The Concept Of Democracy, Azizah Y. Al-Hibri Jan 1992

Islamic Constitutionalism And The Concept Of Democracy, Azizah Y. Al-Hibri

Law Faculty Publications

This article will discuss select, basic principles of Islamic law relating to democratic governance, pointing out in the process certain areas of disagreement surrounding them in the literature and the grounds for such disagreements. Part II of this article presents a brief overview of Islamic law in order to provide a foundation for later discussion. The article then assesses the Islamic system of government in light of two major principles of Western democracies. They are (1) the principle that the will of the people shall be the basis of the authority of the government (Principle A) and (2) the principle ...


The 1990 Clean Air Act Amendments: Silk Purse Or Sow’S Ear?, Curtis A. Moore Jan 1992

The 1990 Clean Air Act Amendments: Silk Purse Or Sow’S Ear?, Curtis A. Moore

Duke Environmental Law & Policy Forum

No abstract provided.


What’S Good For The Goose Is Good For The Gander: A Plea For Congress To Amend The National Environmental Policy Act To Apply To The Extraterritorial Actions Of The Federal Government, Michelle B. Nowlin Jan 1992

What’S Good For The Goose Is Good For The Gander: A Plea For Congress To Amend The National Environmental Policy Act To Apply To The Extraterritorial Actions Of The Federal Government, Michelle B. Nowlin

Duke Environmental Law & Policy Forum

No abstract provided.


Founding Father-In-Law: Judicial Amendment Of The Canadian Constitution, Dale Gibson Jan 1992

Founding Father-In-Law: Judicial Amendment Of The Canadian Constitution, Dale Gibson

Law and Contemporary Problems

Judicial amendment of the Canadian Constitution is discussed. The Supreme Court of Canada can nullify or alter the constitutional text or its accepted meaning through constitutional interpretations.


Wetlands Classification: A Tool For Protection Or Abandonment?, Jan Goldman-Carter Jan 1992

Wetlands Classification: A Tool For Protection Or Abandonment?, Jan Goldman-Carter

Duke Environmental Law & Policy Forum

No abstract provided.


Elaboration Of Norms And The Protection Of The Environment, Gunter Heine Jan 1992

Elaboration Of Norms And The Protection Of The Environment, Gunter Heine

Duke Environmental Law & Policy Forum

No abstract provided.


Emerging Constitutional Norms: Continuous Judicial Amendment Of The Constitution—The Proportionality Test As A Moving Target, Andree Lajoie, Henry Quillinan Jan 1992

Emerging Constitutional Norms: Continuous Judicial Amendment Of The Constitution—The Proportionality Test As A Moving Target, Andree Lajoie, Henry Quillinan

Law and Contemporary Problems

The so-called proportionality test of modifications to the Canadian Constitution are discussed. The Constitution is, at times, described as a moving target for change.