Digital Commons Network^™

Domestic Violence Law Poses Challenges For The Courts, Jane C. Murphy, Judith Wolfer

All Faculty Scholarship

No abstract provided.

Federal Judgments Law: Sources Of Authority And Sources Of Rules, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

A Law & Economics Perspective On A "Traditional" Torts Case: Insights For Classroom And Courtroom, Robert H. Lande

All Faculty Scholarship

This article is from a symposium, "Five Approaches to Legal Reasoning in the Classroom: Contrasting Perspectives on O'Brien v. Cunard S.S. Co. Ltd.," 57 Missouri L. Rev. 345 (1992). The symposium contains five articles that analyze this case from, respectively, traditionalist, Law & Economics, Critical Legal Studies, Feminist, and Critical Race Theories perspectives.

This article analyzes the O'Brien case from a Law & Economics perspective. It does so in a manner suitable for presentation in a Torts class or a Law & Economics class. It explains the basic terminology and approach. It analyzes the economics underlying the vaccination requirement, whether …

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

All Faculty Scholarship

The focus of modern applications of economic reasoning to antitrust concerns has been on the more subtle efficiency or procompetitive dimensions of the scrutinized conduct. When any of these characteristics are discovered, the courts tend to find no antitrust violation.

Two major difficulties arise with this approach. First, efficiency or procompetitive aspects can almost always be uncovered in any corporate enterprise, creating the potential for legitimizing almost all business behavior. Second, the legal conclusions courts reach are typically couched in terms of the business practice itself; therefore, once upheld, that practice is implicitly validated for other unrelated marketplace scenarios. Indiscriminate …

Being A Teacher, Of Lawyers: Discerning The Theory Of My Practice, Howard Lesnick

All Faculty Scholarship

No abstract provided.

Corporate Law Through An Antitrust Lens, Edward B. Rock

All Faculty Scholarship

No abstract provided.

Feminism Awry: Excesses In The Pursuit Of Rights And Trifles, Kenneth Lasson

All Faculty Scholarship

Perhaps it is best to begin with the positive. From virtually any perspective, liberal and conservative feminists in the twentieth century have improved the quality of life for many women in a number of noteworthy ways. They have helped win the right to vote, to own property, to make contracts, to serve on juries, to use contraceptives.

They have succeeded in asserting the need for enhanced economic opportunities: equal pay for equal work, maternity leave, flex-time for mothers. They have made significant advancements against both domestic battery and sexual harassment in the workplace. As a consequence of all these efforts, …

Republican Authority, Mortimer N.S. Sellers

All Faculty Scholarship

No abstract provided.

The Economic Structure Of The Post-Contractual Corporation, William W. Bratton

All Faculty Scholarship

No abstract provided.

State Ethical Codes And Federal Practice: Emerging Conflicts And Suggestions For Reform, Stephen B. Burbank

All Faculty Scholarship

The standards for resolving putative conflicts between federal laws are not always clear, and neither for that matter is the standard for determining what constitutes a federal law capable of superseding effect. The technique of setting federal norms of professional conduct on a decentralized basis by borrowing or incorporating state norms is increasingly troublesome to the extent that the borrowed state norms are disuniform and that they are being put to multiple remedial purposes. Federal legislation preempting state law of professional conduct is conceivable but hardly likely, particularly as the norms are pressed into duty for purposes other than professional …

The Jurisprudence Of Jane Eyre, Anita L. Allen

All Faculty Scholarship

No abstract provided.

Protecting Defamatory Fiction And Reader-Response Theory With Emphasis On The German Experience, Henry Ordower

All Faculty Scholarship

Examines the litigation in Germany surrounding the publication of Klaus Mann's novel Mephisto. Analyzes the concepts of libel and defamation in fictional works and concludes that neither injunctive relief nor damages is appropriate because of the limited risk of injury and the potential for adverse impact on creative expression.

Public Values And Corporate Fiduciary Law, William W. Bratton

All Faculty Scholarship

No abstract provided.

Religious Liberty In The Military: The First Amendment Under "Friendly Fire", Kenneth Lasson

All Faculty Scholarship

Though freedom of religion remains one of our most cherished values, it is still among the most controversial of constitutional rights. This is especially true in the context of military service. Even those who purposefully enlist in the armed forces, implicitly giving up certain liberties they freely enjoyed as civilians, would not relinquish their freedom of conscience. Yet the right to practice their religious beliefs, unfettered by arbitrary governmental restrictions, is regularly challenged.

Fortunately, however, most western cultures regard religious liberty as so fundamental that their military establishments routinely develop regulations to accommodate specific religious practices.

This principle was of …

Autonomy's Magic Wand: Abortion And Constitutional Interpretation, Anita L. Allen

All Faculty Scholarship

No abstract provided.

Taxation, Negative Amortization And Affordable Mortgages, Michael S. Knoll

All Faculty Scholarship

No abstract provided.

Corporate Integration: Do The Uncertainties Outweigh The Benefits?, Reed Shuldiner

All Faculty Scholarship

No abstract provided.

Bargaining And The Division Of Value In Corporate Reorganization, Howard F. Chang, Lucian A. Bebchuk

All Faculty Scholarship

No abstract provided.

A General Approach To The Taxation Of Financial Instruments, Reed Shuldiner

All Faculty Scholarship

No abstract provided.

Preaching To Managers, Edward B. Rock

All Faculty Scholarship

No abstract provided.

Black Women, Sisterhood, And The Difference/Deviance Divide, Regina Austin

All Faculty Scholarship

No abstract provided.

The Nature And Effect Of Corporate Voting In Chapter 11 Reorganization Cases, David A. Skeel Jr.

All Faculty Scholarship

No abstract provided.

Controlling Congress: Presidential Influence In Domestic Fiscal Policy, Michael A. Fitts, Robert Inman

All Faculty Scholarship

No abstract provided.

Police Abuse: Can The Violence Be Contained?, David Rudovsky

All Faculty Scholarship

No abstract provided.

"The Black Community," Its Lawbreakers, And A Politics Of Identification, Regina Austin

All Faculty Scholarship

No abstract provided.

Tort Law As A Comparative Institution, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.

Hobbes, Formalism, And Corrective Justice, Anita L. Allen, Maria H. Morales

All Faculty Scholarship

No abstract provided.