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Articles 1 - 20 of 20
Full-Text Articles in Other Law
Introduction, Eloisa C. Rodriguez-Dod
Front Matter For: Poverty Law, Policy, And Practice, Juliet Brodie, Clare Pastore, Ezra Rosser, Jeffrey Selbin
Front Matter For: Poverty Law, Policy, And Practice, Juliet Brodie, Clare Pastore, Ezra Rosser, Jeffrey Selbin
Ezra Rosser
This paper is the front matter for the publication "Poverty Law, Policy, and Practice" published by Wolters Kluwer, 2014.
Defending The Nlrb: Improving The Agency’S Success In The Federal Courts Of Appeals, Jeffrey M. Hirsch
Defending The Nlrb: Improving The Agency’S Success In The Federal Courts Of Appeals, Jeffrey M. Hirsch
Jeffrey M. Hirsch
No abstract provided.
The "Public Use" Requirement In Eminent Domain Law: A Rationale Based On Secret Purchases And Private Influence, Daniel B. Kelly
The "Public Use" Requirement In Eminent Domain Law: A Rationale Based On Secret Purchases And Private Influence, Daniel B. Kelly
Daniel B Kelly
This Article provides a rationale for understanding and interpreting the public use requirement within eminent domain law. The rationale is based on two factors. First, while the government often needs the power of eminent domain to avoid the problem of strategic holdout, private parties are generally able to purchase property through secret buying agents. The availability of these undisclosed agents makes the use of eminent domain for private parties unnecessary and indeed undesirable. The government, however, is ordinarily unable to make secret purchases because its plans are subject to democratic deliberation and thus publicly known in advance. Second, while the …
Academic Freedom Versus Academic Legitimacy, David Schraub
Academic Freedom Versus Academic Legitimacy, David Schraub
David Schraub
No abstract provided.
Surrogacy And Dignity: Rights And Relationships, Kate Galloway
Surrogacy And Dignity: Rights And Relationships, Kate Galloway
Kate Galloway
In this Journal, Rachel Kunde shared her experiences as an altruistic surrogate, advocating for greater government support for surrogate mothers. Based on her own experience, her argument suggests that recognising women’s bodily autonomy is a central consideration in liberalising the regulation of surrogacy. Importantly, she argues that surrogacy arrangements need not impair the dignity of the surrogate mother. In particular, her advocacy appears to presuppose reproductive rights both in the intending parents to found a family, and for the surrogate to bear a child. This article responds to Kunde. While celebrating Kunde’s contribution to the discourse through her personal narrative, …
Shareholder Wealth Maximization As Means To An End, Robert P. Bartlett, Iii
Shareholder Wealth Maximization As Means To An End, Robert P. Bartlett, Iii
Robert Bartlett
In several recent cases, the Delaware Chancery Court has emphasized that where a conflict of interest exists between holders of a company’s common stock and holders of its preferred stock, the standard of conduct for directors requires that they strive to maximize the value of the corporation for the benefit of its common stockholders rather than for its preferred stockholders. This article interrogates this view of directors’ fiduciary duties from the perspective of incomplete contracting theory. Building on the seminal work of Sanford Grossman and Oliver Hart, incomplete contracting theory examines the critical role of corporate control rights for addressing …
Institutional Pluralism From The Standpoint Of Its Victims: Calling The Question On Indiscriminate (In)Tolerance, Jose M. Gabilondo
Institutional Pluralism From The Standpoint Of Its Victims: Calling The Question On Indiscriminate (In)Tolerance, Jose M. Gabilondo
José Gabilondo
Borrowing from postmodernity, new Right intellectuals have become adept at plucking core terms from the liberal register, stripping away their history and social context, and making them do the conceptual work of backlash. A recent example is the theme of the 2009 annual meeting of the AALS: institutional pluralism. The phrase has a surface resemblance to traditional liberal values but, in truth, acts as a Trojan horse for discrimination projects that many may find troubling. By putting the phrase in its social context, this essay reveals the ideological interests at work in the idea.
When God Hates: How Liberal Guilt Lets The New Right Get Away With Murder, Jose M. Gabilondo
When God Hates: How Liberal Guilt Lets The New Right Get Away With Murder, Jose M. Gabilondo
José Gabilondo
No abstract provided.
Genetic Services In Ontario: Mapping The Future, Roxanne Mykitiuk
Genetic Services In Ontario: Mapping The Future, Roxanne Mykitiuk
Roxanne Mykitiuk
No abstract provided.
The Negotiator-As-Professional: Understanding The Competing Interests Of A Representative Negotiator, Trevor C. W. Farrow
The Negotiator-As-Professional: Understanding The Competing Interests Of A Representative Negotiator, Trevor C. W. Farrow
Trevor C. W. Farrow
This article is about lawyers as negotiators, and in particular, it is about identifying and understanding the influential and potentially competing interests that are - or at least should be - in the minds of lawyers (and potentially other third party representatives) during the overall negotiation process. While there continues to be an increasing amount of literature on the mechanics and strategies of negotiation, the underlying interests that are typically at stake in representative negotiations from the perspective of representatives - particularly negotiations involving lawyers - have not been adequately studied. And until all interests are identified and placed squarely …
Unmanned Aircraft Systems And Technologies: Challenges And Opportunities For States And Local Governments, Daniel Friedenzohn, Mike Branum
Unmanned Aircraft Systems And Technologies: Challenges And Opportunities For States And Local Governments, Daniel Friedenzohn, Mike Branum
Daniel Friedenzohn
No abstract provided.
Reflections On Law Schools And The Idea Of The University, Thomas E. Baker
Reflections On Law Schools And The Idea Of The University, Thomas E. Baker
Thomas E. Baker
No abstract provided.
Rejecting Sovereign Immunity In Public Law Litigation, Howard M. Wasserman
Rejecting Sovereign Immunity In Public Law Litigation, Howard M. Wasserman
Howard M Wasserman
No abstract provided.
A Symposium Précis, Thomas E. Baker
A Modest Experiment In Pedagogy: Lessons On Comparative Constitutional Law, Thomas E. Baker
A Modest Experiment In Pedagogy: Lessons On Comparative Constitutional Law, Thomas E. Baker
Thomas E. Baker
No abstract provided.
Waiting For Mendeleev: The Tangle Of Indigenous Law, Marc Galanter, Manuel A. Gomez
Waiting For Mendeleev: The Tangle Of Indigenous Law, Marc Galanter, Manuel A. Gomez
Manuel A. Gómez
No abstract provided.
Killing Daddy: Developing A Self-Defense Strategy For The Abused Child, Joelle A. Moreno
Killing Daddy: Developing A Self-Defense Strategy For The Abused Child, Joelle A. Moreno
Joelle A. Moreno
No abstract provided.
Deeds And The Determinacy Norm: Insights From Brandt And Other Cases On An Undesignated, Yet Ever-Present, Interpretive Method, Donald J. Kochan
Deeds And The Determinacy Norm: Insights From Brandt And Other Cases On An Undesignated, Yet Ever-Present, Interpretive Method, Donald J. Kochan
Donald J. Kochan
The Elimination Of Child "Custody" Litigation: Using Business Branding Techniques To Transform Social Behavior, Elena B. Langan
The Elimination Of Child "Custody" Litigation: Using Business Branding Techniques To Transform Social Behavior, Elena B. Langan
Elena B. Langan