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Is Article 8 Finally Ready This Time? The Radical Reform Of Secured Lending On Wall Street, Jeanne L. Schroeder Jan 1994

Is Article 8 Finally Ready This Time? The Radical Reform Of Secured Lending On Wall Street, Jeanne L. Schroeder

Articles

The article critiques the 1977 proposed amendments to Articles 8 and 9 of the Uniform Commercial Code (UCC), arguing that while they aim to modernize securities law by replacing the outdated physical possession metaphor with the concept of "control," they fail to adequately address the complexities of indirect holdings through intermediaries. The revisions introduce "supernegotiability," prioritizing secured creditors over customers, but raise ethical concerns about rewarding dishonest behavior and potentially undermining consumer protections. The article concludes that while the changes improve market efficiency and clarity, further refinements are needed to balance the interests of all stakeholders.


Response To Bert Van Roermund, Richard H. Weisberg Jan 1994

Response To Bert Van Roermund, Richard H. Weisberg

Articles

The article responds to Bert van Roermund's arguments about the relationship between law and literature, emphasizing that literature serves as a unique jurisprudential source when it mimetically imitates legal expression. The author argues that literature's value lies in its ability to capture the narrative structures of legal communication, particularly in genres like the novel or novella, which self-consciously replicate legal narrativity. This mimetic quality distinguishes literature from other forms of art and makes it uniquely relevant to legal theory.


Appropriation Art And The Imminent Decline In Authorial Control Over Copyrighted Works, Marci A. Hamilton Jan 1994

Appropriation Art And The Imminent Decline In Authorial Control Over Copyrighted Works, Marci A. Hamilton

Articles

No abstract provided.


The Social Construction Of Brown V. Board Of Education: Law Reform And The Reconstructive Paradox Symposium: Brown V. Board Of Education After Forty Years, Richard Delgado, Jean Stefancic Jan 1994

The Social Construction Of Brown V. Board Of Education: Law Reform And The Reconstructive Paradox Symposium: Brown V. Board Of Education After Forty Years, Richard Delgado, Jean Stefancic

Articles

No abstract provided.


The Future Of The United Nations Convention On The Law Of The Sea, John R. Stevenson, Bernard H. Oxman Jan 1994

The Future Of The United Nations Convention On The Law Of The Sea, John R. Stevenson, Bernard H. Oxman

Articles

No abstract provided.


Habermas And The Public Sphere By Craig Calhoun (Book Review), David Abraham Jan 1994

Habermas And The Public Sphere By Craig Calhoun (Book Review), David Abraham

Articles

No abstract provided.


Rethinking Rawls' Theory Of Liberty And Rights, James W. Nickel Jan 1994

Rethinking Rawls' Theory Of Liberty And Rights, James W. Nickel

Articles

No abstract provided.


Corporate Law's Race To Nowhere In Particular, William Wilson Bratton Jan 1994

Corporate Law's Race To Nowhere In Particular, William Wilson Bratton

Articles

No abstract provided.


Unemployment Insurance: American Social Wage, Labor Organization And Legal Ideology, Kenneth M. Casebeer Jan 1994

Unemployment Insurance: American Social Wage, Labor Organization And Legal Ideology, Kenneth M. Casebeer

Articles

No abstract provided.


Everyman's Fourth Amendment: Privacy Or Mutual Trust Between Government And Citizen, Scott E. Sundby Jan 1994

Everyman's Fourth Amendment: Privacy Or Mutual Trust Between Government And Citizen, Scott E. Sundby

Articles

No abstract provided.


Three Lessons From Law And Literature, Richard H. Weisberg Nov 1993

Three Lessons From Law And Literature, Richard H. Weisberg

Articles

The article explores the intersection of law and literature, emphasizing the narrative nature of legal discourse and the importance of "considerate communication" in legal practice. It critiques the dominance of economic analysis in law and advocates for a more nuanced understanding of language and ethics in legal education and practice. The author uses literary works, such as Herman Melville's Billy Budd Sailor, and historical examples, like the Vichy regime in France, to illustrate the ethical and practical implications of how legal language is used.


Modern Corporate Theory: Public Utility Or Private Part? A Comment On Professor Wolfe's Paper, Charles M. Yablon Oct 1993

Modern Corporate Theory: Public Utility Or Private Part? A Comment On Professor Wolfe's Paper, Charles M. Yablon

Articles

The article critiques the current state of corporate law theory, particularly the "nexus of contracts" model, for being overly simplistic and failing to provide a realistic or normatively satisfying account of corporate behavior. It argues that while critiques of this model exist, there is no substantial alternative theory, and the field remains mired in incremental debates that lack depth or practical relevance. The author suggests that corporate law scholarship should adopt a more practical, lawyerly approach, focusing on policy arguments and real-world implications rather than theoretical abstractions.


Constitutional Review By The Executive In Foreign Affairs And War Powers: A Consequence Of Rational Choice In The Separation Of Powers, John O. Mcginnis Oct 1993

Constitutional Review By The Executive In Foreign Affairs And War Powers: A Consequence Of Rational Choice In The Separation Of Powers, John O. Mcginnis

Articles

No abstract provided.


A Note On Distributed Estimation And Sufficiency, R. Viswanathan Sep 1993

A Note On Distributed Estimation And Sufficiency, R. Viswanathan

Articles

In relation to distributed parameter estimation, the notion of local and global sufficient statistics is introduced. It is shown that when a sufficiency condition is satisfied by the probability distribution of a random sample, a global sufficient statistic is obtainable as a function of local sufficient statistics. Several standard distributions satisfy the said sufficiency condition.


Dna, Science And The Law: Two Cheers For The Ceiling Principle, Richard O. Lempert Sep 1993

Dna, Science And The Law: Two Cheers For The Ceiling Principle, Richard O. Lempert

Articles

The ceiling principle is an intentionally conservative way of estimating the frequency with which individuals who share particular alleles appear in the general population. It establishes frequencies for each allele by taking random samples of 100 individuals from each of 15 to 20 populations and using the largest frequency with which the allele is found in any of these populations or 5 percent, whichever is larger, as an estimate of the allele's frequency in the population of interest. These frequencies are then multiplied to yield an estimate of the likelihood that a randomly selected person would exhibit the same allelic …


Application Of Expectation-Maximization Algorithm To The Detection Of A Direct-Sequence Signal In Pulsed Noise Jamming, Arif Ansari, R. Viswanathan Aug 1993

Application Of Expectation-Maximization Algorithm To The Detection Of A Direct-Sequence Signal In Pulsed Noise Jamming, Arif Ansari, R. Viswanathan

Articles

We consider the detection of a direct-sequence spread-spectrum signal received in a pulsed noise jamming environment. The expectation-maximization algorithm is used to estimate the unknown jammer parameters and hence obtain a decision on the binary signal based on the estimated likelihood functions. The probability of error performance of the algorithm is simulated for a repeat code and a (7,4) block code. Simulation results show that at low signal-to-thermal noise ratio and high jammer power, the EM detector performs significantly better than the hard limiter and somewhat better than the soft limiter. Also, at low SNR, there is little degradation as …


Faith On The Margins: The Example Of Jean Sulivan, Eamon Maher Mar 1993

Faith On The Margins: The Example Of Jean Sulivan, Eamon Maher

Articles

Material reproduced by kind permission of Doctrine and Life.


Restraints On Alienation Of Human Capital, Stewart E. Sterk Mar 1993

Restraints On Alienation Of Human Capital, Stewart E. Sterk

Articles

No abstract provided.


Animal Rights: The Frontiers Of Compassion, Henry Spira Jan 1993

Animal Rights: The Frontiers Of Compassion, Henry Spira

Articles

No abstract provided.


The Influence Of The Unlocked Characteristics Of A Self-Pulsating Laser Diode On Synchronisation, Gerald Farrell, P. Phelan, Joe Hegarty Jan 1993

The Influence Of The Unlocked Characteristics Of A Self-Pulsating Laser Diode On Synchronisation, Gerald Farrell, P. Phelan, Joe Hegarty

Articles

All-optical synchronization and timing extraction based on self-pulsating twin section lasers has been demonstrated. We investigate the variation of the unlocked full-width at- half-maximum of the fundamental of the RF spectrum of a self-pulsating laser diode. We show for the first time that the value of the unlocked FWHM has a direct influence on the power required to maintain synchronization. We also show that the variation of the FWHM with frequency is dependent on the slope of the absorber bias versus self-pulsation frequency characteristic. The results have important implications for the design and selection of self-pulsating laser diodes for synchronization …


Blackmail From A To C, Joseph Isenbergh Jan 1993

Blackmail From A To C, Joseph Isenbergh

Articles

No abstract provided.


A Libel Story: Sullivan Then And Now (Reviewing Anthony Lewis, Make No Law: The Sullivan Case And The First Amendment (1991)), Elena Kagan Jan 1993

A Libel Story: Sullivan Then And Now (Reviewing Anthony Lewis, Make No Law: The Sullivan Case And The First Amendment (1991)), Elena Kagan

Articles

No abstract provided.


Rights And The System Of Freedom Of Expression, David A. Strauss Jan 1993

Rights And The System Of Freedom Of Expression, David A. Strauss

Articles

No abstract provided.


From The Mirror Of Reason To The Measure Of Justice, Mary Anne Case Jan 1993

From The Mirror Of Reason To The Measure Of Justice, Mary Anne Case

Articles

No abstract provided.


The Doubtful Constitutionality Of The Clinic Access Bill, Michael W. Mcconnell, Michael Stokes Paulsen Jan 1993

The Doubtful Constitutionality Of The Clinic Access Bill, Michael W. Mcconnell, Michael Stokes Paulsen

Articles

No abstract provided.


God Is Dead And We Have Killed Him: Freedom Of Religion In The Post-Modern Age, Michael W. Mcconnell Jan 1993

God Is Dead And We Have Killed Him: Freedom Of Religion In The Post-Modern Age, Michael W. Mcconnell

Articles

No abstract provided.


The Rules Of Evidence And The Rules Of Public Debate, Geoffrey R. Stone Jan 1993

The Rules Of Evidence And The Rules Of Public Debate, Geoffrey R. Stone

Articles

No abstract provided.


Couples And Coupling In The Public Sphere: A Comment On The Legal History Of Litigating For Lesbian And Gay Rights, Mary Anne Case Jan 1993

Couples And Coupling In The Public Sphere: A Comment On The Legal History Of Litigating For Lesbian And Gay Rights, Mary Anne Case

Articles

No abstract provided.


Unitary Executive Interpretation: A Comment, Frank H. Easterbrook Jan 1993

Unitary Executive Interpretation: A Comment, Frank H. Easterbrook

Articles

No abstract provided.


The Federalist Papers: From Practical Politics To High Principle, Richard A. Epstein Jan 1993

The Federalist Papers: From Practical Politics To High Principle, Richard A. Epstein

Articles

No abstract provided.