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Jurisprudence Commons

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Articles 1 - 3 of 3

Full-Text Articles in Jurisprudence

Justice Blackmun And The Spirit Of Liberty, Richard C. Reuben Oct 2005

Justice Blackmun And The Spirit Of Liberty, Richard C. Reuben

Faculty Publications

As we see in this symposium, Justice Harry Blackmun is as controversial in death as he was in life. We live in a time of increasing absolutism, where things are either black or white, red or blue, you are either for me or against me, my way or the highway. It is when we are swayed by the sirens of absolutism that we are most likely to make mistakes, for absolutism diminishes our capacity to see nuance, much less to appreciate and account for it in our reasoning. This is a dangerous thing in a court, and in a democracy ...


An Alternative Paradigm For Valuing Breach Of Registration Rights And Loss Of Liquidity, Royce De R. Barondes Jan 2005

An Alternative Paradigm For Valuing Breach Of Registration Rights And Loss Of Liquidity, Royce De R. Barondes

Faculty Publications

This Article looks to another paradigm to motivate an answer--the exotic financial instruments created on Wall Street. Over the last few decades, a market has developed in assorted sophisticated financial instruments created by unbundling and repackaging various components of traditional securities. Financial engineering, for example, allows the creation of “synthetics.” One court has described “synthetic” securities as follows: “A synthetic transaction is typically a contractual agreement between two counterparties, usually an investor and a bank, that seeks to economically replicate the ownership and physical trading of shares and options.” This Article similarly formulates synthetic rights that, when coupled with the ...


Rediscovering Williston, Mark L. Movsesian Jan 2005

Rediscovering Williston, Mark L. Movsesian

Faculty Publications

This Article is an intellectual history of classical contracts scholar Samuel Williston. Professor Movsesian argues that the conventional account of Williston's jurisprudence presents an incomplete and distorted picture. While much of Williston's work can strike a contemporary reader as arid and conceptual, there are strong elements of pragmatism as well. Williston insists that doctrine be justified in terms of real-world consequences, maintains that rules can have only presumptive force, and offers institutional explanations for judicial restraint. As a result, his scholarship shares more in common with today's new formalism than commonly supposed. Even the under-theorized quality of ...