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Sale Of Controlling Interest: A Financial Economic Analysis Of The Governing Law In The United States And Canada, Joshua Ronen

Case Western Reserve Law Review

No abstract provided.

Legal Formalism, Legal Realism, And The Interpretation Of Statutes And The Constitution, Richard A. Posner

Case Western Reserve Law Review

No abstract provided.

State Law Wrongs, State Law Remedies, And The Fourteenth Amendment, Henry Paul Monaghan

Faculty Scholarship

Parratt v. Taylor is among the most puzzling Supreme Court decisions of the last decade, and the lower federal courts have been thrown into considerable confusion in their efforts to implement it. In large part, this confusion stems from the fact that Parratt decided two independent points: first, the negligent loss or destruction of property by state officials could constitute a "deprivation" thereof for purposes of the due process clause of the fourteenth amendment; and second, the existence of an adequate state remedy to redress the wrong meant that the deprivation was not "without due process of law." In this …

Rethinking The Theory Of Legal Rights, Jules S. Coleman, Jody S. Kraus

Faculty Scholarship

In the economic approach to law, legal rights are designed, in part, to overcome the conditions under which markets fail. In correcting for market failure, economic analysis endorses two rules for assigning legal rights. The first specifies the allocation of rights under conditions of rational cooperation, full information and zero transaction costs. Provided that exchange is available and that obstacles to exercising it are insignificant, rational cooperators will negotiate around inefficiencies. Under these conditions, legal rights are not assigned in order to establish optimal levels of resource deployment directly; rather, they establish well-defined entitlements or negotiation points which create a …

Foreword, John Kaplan, Jackson Eli Reynolds

Law and Contemporary Problems

No abstract provided.

The Second Amendment: A Dialogue, Don B. Kates Jr.

Law and Contemporary Problems

No abstract provided.

Legal Semiotics, Susan W. Tiefenbrun

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Doctrine In A Vacuum: Reflections On What A Law School Ought (And Ought Not) To Be, James Boyd White

Articles

I have written earlier in these pages about the expectations-the fears and hopes-that one can appropriately bring to law school. In this paper I speak to those who are immersed in the process of legal education, on one side of the podium or the other, and wish to say something of what I think it is, and can be, all about.

The Concept Of Citizenship: Challenging South Africa's Policy, Joe W. (Chip) Pitts Iii

Vanderbilt Journal of Transnational Law

The concept of citizenship has come to represent the full cluster of civil rights held by individuals as members of modern states. Therefore, of all the "reforms" undertaken by South Africa in response to the economic and political instability of the last two years, the most potentially far reaching was State President P. W. Botha's announcement that citizenship would be restored' to South African blacks. In September 1985, Botha affirmed that some form of citizenship would be extended to all South Africans. Finally, on July 2, 1986, the South African government passed The Restoration of South African Citizenship Act."

Religion And The State (Introduction), Gene R. Nichol

Faculty Publications

No abstract provided.

Character Evidence - Footprints In The Civil Snow, Michael Dietz

North Dakota Law Review

No abstract provided.

Introduction: Is Cultural Criticism Possible?, James Boyd White

Michigan Law Review

It is by now something of a truism that the abstract and conceptual modes of discourse that have dominated our intellectual life in the past century have led to a rather reduced and schematic view of law. Moved by the desire to talk about social institutions in a neutral and scientific way, scholars beginning at least with John Austin have sought to define law as a set of rules, promulgated by a sovereign and addressed to the behavior of subject individuals, all in an attempt to isolate legal phenomena from their context for scientific study. Rules, on this view, are …

Fish V. Fish Or, Some Realism About Idealism, David Luban

Cardozo Law Review

No abstract provided.

Anti-Professionalism, Stanley Fish

Cardozo Law Review

No abstract provided.

"Convention" And Critique, Drucilla Cornell

Cardozo Law Review

No abstract provided.

Dworkin: A New Link In The Chain, Joseph Raz

Faculty Scholarship

This book brings together nineteen of the articles published by Professor Dworkin over the last eight years, mostly in the New York Review of Books, but also in learned journals and collections. Three articles, none of them of major importance, have not been published before: Can a Liberal State Support Art? (pp. 221-36), On Interpretation and Objectivity (pp. 167-80), and Civil Disobedience and Nuclear Protest (pp. 104-18). Several pieces published during the last few years are not included, of which the most important is an article on equality.

Lawmaking As An Expression Of Self, George P. Fletcher

Faculty Scholarship

In this lecture I should like to encourage an attitude toward legal phenomena that stresses both tradition and change as an expression of meaning, particularly as an expression of national legal identity. I will illustrate this thesis with some specific examples of substantive rules in American and in German law. In the latter part of the lecture, I shall turn to the choice of language as a parallel expression of identity within a particular legal system.

Erisa Preemption Of State Mandated-Provider Laws, Robert S. Mcdonough

Duke Law Journal

No abstract provided.

Antitrust Comes Full Circle: The Return To The Cartelization Standard, Nolan E. Clark

Vanderbilt Law Review

Antitrust law has been with us since 1890, the year that Congress passed the Sherman Antitrust Act. In the course of this ex-tended period, antitrust law has achieved an exalted status in the pantheon of American jurisprudence.' Nevertheless, for decades,Sherman Act doctrines have been murky and confused. This confusion was not, however, historically inevitable. When enacted, the Sherman Act had a clear focus. Fortunately, as the Sherman Act approaches its centennial, the Supreme Court has given encouraging signs that it is once again returning to the original focus of the statute.

As originally conceived, the Sherman Act prohibited two related …

The Use Of Government Funding And Taxing Power To Regulate Religious Schools, Kline Capps, Karl H. Esbeck

The Journal of Law and Education

No abstract provided.

The Moral Value Of Law, Philip Soper

Michigan Law Review

Suppose you have correctly concluded that it is your legal obligation to act or refrain from acting in a certain way. Can you, from that conclusion alone, say anything at all about what you ought to do morally?

An affirmative answer to this question implies that law has moral value regardless of content or circumstance: without knowing what the act is that the law commands or even what legal system has enacted the law, one would, on this view, be able to link the conclusion about legal obligation with some conclusion about moral responsibility. Such a view seems quite far-reaching …

The Bankruptcy Code And Hazardous Waste Cleanup: An Examination Of The Policy Conflict, Douglas P. Demoss

William & Mary Law Review

No abstract provided.

Beyond Bok: Historical Jurisprudence In Replacement Of The Enlightment Project, Stephen B. Young

Journal of Legal Education

No abstract provided.

The Implicit Assumptions Of Labor Law Scholarship, James B. Atleson

Journal of Legal Education

No abstract provided.

Proximate Cause Should Be Barred From Wandering Outside Negligence Law, Kenneth Vinson

Florida State University Law Review

No abstract provided.

Constitutional Scholarship In Canada, Marc Gold

Osgoode Hall Law Journal

This article identifies and evaluates the kinds of constitutional scholarship currently produced in Canada and suggests some directions in which future research might profitably be directed Part I sets out the framework within which the state of Canadian constitutional scholarship will be assessed, considers some of the factors that have shaped that scholarship, and provides a brief overview of the various kinds of work being produced in Canada. Part II outlines some of the areas where more and different work needs to be done, concluding with some general thoughts on how the development of such directions in scholarship might be …

Legal Positivism And Federalism: The Certification Experience, Paul A. Lebel

Faculty Publications

No abstract provided.

Language, Communication, Computers And The Law, R. A. Samek

Dalhousie Law Journal

There is an old story about a drunken man who is looking for an object under a street light. A policeman asks him what he is looking for. "It is my keys", he says. "Did you lose them here?" "No, over there.'" "Why then are you looking for them over here?" "Because I can see here", is the man's reply. The real significance of this story is very different from what it appears. It is not the man who is foolish but the policeman. We can only look for something from where we can see it. The alternative is to …

University Of Ottawa, Faculty Of Law-Common Law Section: The Past Ten Years, H. A. Hubbard

Dalhousie Law Journal

The character of the Common Law Section of our Faculty of Law has changed dramatically in the years since our move into our present quarters in Fauteux Hall in the Fall of 1973. In order to appreciate fully the scope of these changes, it is necessary to contrast the development of our school over the past decade with the situation that preceeded it. When the University of Ottawa opened its Faculty of Law in 1953, it renewed an undertaking begun nearly seventy years before. In 1887, a law school was established at the University of Ottawa and its first Dean, …

Law As A Social Science, R. Lynn Campbell

Dalhousie Law Journal

Law is offered as an undergraduate social science discipline at Carleton University. Students may take programmes leading to both Major and Honours B.A. degrees in law or may also undertake the study of law in a combined Major or Honours programme in conjunction with another discipline. Successful completion of any programme does not qualify the graduate for admission to any bar admission programme nor is any credit given towards a law degree for courses taken at Carleton.' The purpose of the programme is to promote an awareness of the place of rules respecting human conduct in political, social and economic …