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1993

Case Western Reserve University School of Law

Articles 151 - 180 of 195

Full-Text Articles in Law

Interpreting U.N. Sanctions: The Rulings And Role Of The Yugoslavia Sanctions Committee, Michael P. Scharf, Joshua L. Dorosin Jan 1993

Interpreting U.N. Sanctions: The Rulings And Role Of The Yugoslavia Sanctions Committee, Michael P. Scharf, Joshua L. Dorosin

Faculty Publications

Part I of this article provides, for the first time, a systematic analysis of over one hundred key rulings of the UN Yugoslavia Sanctions Committee, grouping them into categories for easy reference.7 It is hoped that this digest of important Sanctions Committee rulings will aid the members of the Sanctions Committee in identifying and following precedent, aid governments in implementing the sanctions, and assist businesses (and their lawyers) in operating under them.' This Article does not, however, purport to be a comprehensive survey of all of the Sanctions Committee's cases, or even all of its important cases. Indeed, one of …


Bargaining With Uncertainty, Moral Hazard And Sunk Costs: A Default Rule For Precontractual Negotiations, Juliet P. Kostritsky Jan 1993

Bargaining With Uncertainty, Moral Hazard And Sunk Costs: A Default Rule For Precontractual Negotiations, Juliet P. Kostritsky

Faculty Publications

Drawing from a model of bargaining behavior based on transaction cost economics, relational theories of contract,23 Williamsonian models of contracting behavior, and other economic insights, this Article argues that achieving the optimal solution for the complexities of bargaining relationships demands the adoption of a new legal default rule. This new default rule should have two aspects: First, the law should substantively recognize an implicit bargain, even in the absence of explicitly reciprocal communications. Second, the law should impose an obligation to perform that incorporates the terms of the parties' unexpressed, implicit bargain.


Looking For Default Rule Legitimacy In All The Wrong Places: A Critique Of The Authority Of Contract Model And The Coordination Principle Proposed By Professor Burto, Juliet P. Kostritsky Jan 1993

Looking For Default Rule Legitimacy In All The Wrong Places: A Critique Of The Authority Of Contract Model And The Coordination Principle Proposed By Professor Burto, Juliet P. Kostritsky

Faculty Publications

A central question of contract law remains: when should the law supply a term not expressly agreed to? Many scholars have addressed that question, yet the justification for law- supplied terms often remains unconvincing. Because many proposals to supply terms do not incorporate a comparative frameworkfor assessing the costs and benefits of legal interventions, they are incompletely justifled. This Article proposes that a comparative net benefit approach (developed in institutional economics to explain private arrangements) be adapted and expanded to resolve fundamental issues of legal intervention. This Article uses that framework to critique the (1) hypothetical bargain and (2) Ayres/Gertner …


Battered Woman Syndrome, Paul C. Giannelli Jan 1993

Battered Woman Syndrome, Paul C. Giannelli

Faculty Publications

No abstract provided.


Lucas V. South Carolina Coastal Council:A Tremor On The Regulatory Takings Richter Scale, Jill Dickey Protos Jan 1993

Lucas V. South Carolina Coastal Council:A Tremor On The Regulatory Takings Richter Scale, Jill Dickey Protos

Case Western Reserve Law Review

No abstract provided.


Masthead, Volume 43 Issue 3 (1993) Jan 1993

Masthead, Volume 43 Issue 3 (1993)

Case Western Reserve Law Review

No abstract provided.


Comment: Not A Prayer For Curricular Reform After Lee V. Weisman, Joanne C. Brant Jan 1993

Comment: Not A Prayer For Curricular Reform After Lee V. Weisman, Joanne C. Brant

Case Western Reserve Law Review

No abstract provided.


Jury Nullification: Assessing Recent Legislative Developments, M. Kristine Creagan Jan 1993

Jury Nullification: Assessing Recent Legislative Developments, M. Kristine Creagan

Case Western Reserve Law Review

No abstract provided.


Ownership And Ecology, Eric T. Freyfogle Jan 1993

Ownership And Ecology, Eric T. Freyfogle

Case Western Reserve Law Review

No abstract provided.


Caps On Noneconomic Damages And The Female Plaintiff: Heeding The Warning Signs, Lisa M. Ruda Jan 1993

Caps On Noneconomic Damages And The Female Plaintiff: Heeding The Warning Signs, Lisa M. Ruda

Case Western Reserve Law Review

No abstract provided.


Of God And Caesar: The Free Exercise Rights Of Public School Students, George W. Dent Jr. Jan 1993

Of God And Caesar: The Free Exercise Rights Of Public School Students, George W. Dent Jr.

Case Western Reserve Law Review

No abstract provided.


Comment: Religious Children And The Inevitable Compulsion Of Public Schools, Stanley Ingber Jan 1993

Comment: Religious Children And The Inevitable Compulsion Of Public Schools, Stanley Ingber

Case Western Reserve Law Review

No abstract provided.


Discussion After The Speeches Of Robert C. Cassidy And Simon V. Potter, Discussion Jan 1993

Discussion After The Speeches Of Robert C. Cassidy And Simon V. Potter, Discussion

Canada-United States Law Journal

trade policy and industrial strategy--Canada and United States


Discussion After The Speech Of S. Linn Williams, Discussion Jan 1993

Discussion After The Speech Of S. Linn Williams, Discussion

Canada-United States Law Journal

industrial policy--Japan


Reevaluating The Chicago School Paradigm For Promoting Innovation And Competitiveness, Douglas W. Rosenthal Jan 1993

Reevaluating The Chicago School Paradigm For Promoting Innovation And Competitiveness, Douglas W. Rosenthal

Canada-United States Law Journal

Chicago School and innovation, innovation--United States


Discussion After The Speeches Of Douglas E. Rosenthal And Calvin S. Goldman, Discussion Jan 1993

Discussion After The Speeches Of Douglas E. Rosenthal And Calvin S. Goldman, Discussion

Canada-United States Law Journal

competition policy and industrial policy--Canada and United States, Chicago School and innovation


New Developments In Establishing A National Training Approach In Canada, J. Laurent Thibault Jan 1993

New Developments In Establishing A National Training Approach In Canada, J. Laurent Thibault

Canada-United States Law Journal

industrial policy and peope, industrial policy and employees--Canada, training--Canada


Industrial Policy In A Federal Structure: State Industrial Policy In The United States, Joel Rogers Jan 1993

Industrial Policy In A Federal Structure: State Industrial Policy In The United States, Joel Rogers

Canada-United States Law Journal

industrial policy and states--United States


The Canadian Challenge--Tools Of Industrial Policy, Stuart L. Smith Jan 1993

The Canadian Challenge--Tools Of Industrial Policy, Stuart L. Smith

Canada-United States Law Journal

industrial policy--Canada


An Industrial Policy Tax System, Norman B. Ture Jan 1993

An Industrial Policy Tax System, Norman B. Ture

Canada-United States Law Journal

taxation and industrial policy


Tax Policy And Industrial Policy, Robert Couzin Jan 1993

Tax Policy And Industrial Policy, Robert Couzin

Canada-United States Law Journal

taxation and industrial policy


Recipe For Industrial Policy: Blending Environmentalism And International Competitiveness, E. Donald Elliott Jan 1993

Recipe For Industrial Policy: Blending Environmentalism And International Competitiveness, E. Donald Elliott

Canada-United States Law Journal

environmentalism and international competitiveness


Industrial Strategy For An Ideas-Based Economy, David Crane Jan 1993

Industrial Strategy For An Ideas-Based Economy, David Crane

Canada-United States Law Journal

ideas-based economy, industrial policy


Trade Policy Aspects Of Industrial Policy In The U.S., Robert C. Cassidy Jr. Jan 1993

Trade Policy Aspects Of Industrial Policy In The U.S., Robert C. Cassidy Jr.

Canada-United States Law Journal

trade policy and industrial strategy--United States


The Role Of Competition Policy In Canada's Industrial Policy, Calvin S. Goldman, Joel T. Kissack Jan 1993

The Role Of Competition Policy In Canada's Industrial Policy, Calvin S. Goldman, Joel T. Kissack

Canada-United States Law Journal

competition policy and industrial policy--Canada


Toward An Industrial National Policy: Does The European Community Provide A Useful Guide, Hans Smit Jan 1993

Toward An Industrial National Policy: Does The European Community Provide A Useful Guide, Hans Smit

Canada-United States Law Journal

industrial policy--European Union


Volume 19, Canada-United States Law Journal Jan 1993

Volume 19, Canada-United States Law Journal

Canada-United States Law Journal

No abstract provided.


Introduction And History Of The Canada-U.S. Law Institute, A. Mosby Harvey Jr. Jan 1993

Introduction And History Of The Canada-U.S. Law Institute, A. Mosby Harvey Jr.

Canada-United States Law Journal

No abstract provided.


Japanese Industrial Policy: What Is It, And Has It Worked, S. Linn Willams Jan 1993

Japanese Industrial Policy: What Is It, And Has It Worked, S. Linn Willams

Canada-United States Law Journal

industrial policy--Japan


Industrial Policy In A Federal Structure: The Role Of Provinces In Industrial Policy, Carlton Grenier Jan 1993

Industrial Policy In A Federal Structure: The Role Of Provinces In Industrial Policy, Carlton Grenier

Canada-United States Law Journal

industrial policy and provinces--Canada