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A Primer On The Sale Of Corporate Control (Reviewing David Cowan Bayne, The Philosophy Of Corporate Control: A Treatise On The Law Of Fiduciary Duty (1986)), Saul Levmore Apr 1987

A Primer On The Sale Of Corporate Control (Reviewing David Cowan Bayne, The Philosophy Of Corporate Control: A Treatise On The Law Of Fiduciary Duty (1986)), Saul Levmore

Articles

No abstract provided.


The American Advantage: The Value Of Inefficient Litigation, Samuel R. Gross Feb 1987

The American Advantage: The Value Of Inefficient Litigation, Samuel R. Gross

Articles

In a recent article, The German Advantage in Civil Procedure,1 Professor John Langbein claims that the German system of civil litigation is superior to the American; in an earlier article he makes a parallel claim about German criminal procedure.2 Roughly, Professor Langbein argues that by comparison to the German process, American litigation is overly complex, expensive, slow, and unpredictable - in short, inefficient.3 Professor Langbein is not the first and will not be the last to criticize American legal institutions in these terms, but he expresses this criticism particularly well: he is concise and concrete, he describes American practice by …


The Impact Of Changing Technology On The Employment Of A Group Of Older Deaf Workers, Greg Emerton, Susan Foster, Harriette Royer Jan 1987

The Impact Of Changing Technology On The Employment Of A Group Of Older Deaf Workers, Greg Emerton, Susan Foster, Harriette Royer

Articles

Sociologists are fond of looking at social and cultural change in the abstract, as an alternation in the patterns of social structure and social relationships within a society over time. Seldom do they look at the impact of macro level trends upon individuals and rarely do they concern themselves with a low-incidence population such as the deaf community. This study seeks to help alter that pattern by examining the effects of changing technology upon a small group of older, deaf people who have been in the work force for 20 years or more.


Employment Experiences Of Deaf College Graduates: An Interview Study, Susan Foster Jan 1987

Employment Experiences Of Deaf College Graduates: An Interview Study, Susan Foster

Articles

The primary purpose of the National Technical Institute for the Deaf at RIT is to prepare deaf young adults for successful employment. A major thrust of NTID research is therefore, to determine how well these graduates are doing over time. To this end, NTID sponsors several research projects which focus on graduate follow up, including an annual alumni survey and periodic collection of data from federal data banks.


Federalism And Conspiracy: Is Governmentally Compelled Conduct Per Se Lawful Under Section 1 Of The Sherman Act?, Mark Anderson Jan 1987

Federalism And Conspiracy: Is Governmentally Compelled Conduct Per Se Lawful Under Section 1 Of The Sherman Act?, Mark Anderson

Articles

No abstract provided.


The Burger Court And The Political Process: Whose First Amendment?, Geoffrey R. Stone Jan 1987

The Burger Court And The Political Process: Whose First Amendment?, Geoffrey R. Stone

Articles

No abstract provided.


Beyond The Rule Of Law: Civic Virtue And Constitutional Structure, Richard A. Epstein Jan 1987

Beyond The Rule Of Law: Civic Virtue And Constitutional Structure, Richard A. Epstein

Articles

No abstract provided.


Comment On 'After The Imperial Presidency', Philip B. Kurland Jan 1987

Comment On 'After The Imperial Presidency', Philip B. Kurland

Articles

No abstract provided.


The Constitution In The Supreme Court: Civil Rights And Liberties, 1930-1941, David P. Currie Jan 1987

The Constitution In The Supreme Court: Civil Rights And Liberties, 1930-1941, David P. Currie

Articles

This is the latest in Professor Currie's continuing series on the historical development of constitutional doctrine. In this article Professor Currie surveys the major decisions of the Supreme Court between 1930 and 1941 in the area of criminal procedure, civil rights and civil liberties. In the area of criminal procedure, Professor Currie concludes that in deciding what procedures were required or forbidden by due process, historical inquiry was displaced by a fundamental-rights test. In the area of civil liberties, Professor Currie concludes that the Court made modest progress. Finally, Professor Currie concludes that the Court's most important civil liberties work …


The First Amendment Jurisprudence Of Judge Robert H. Bork, Michael W. Mcconnell Jan 1987

The First Amendment Jurisprudence Of Judge Robert H. Bork, Michael W. Mcconnell

Articles

No abstract provided.


The Rule Of Law And The Role Of The Solicitor General, Michael W. Mcconnell Jan 1987

The Rule Of Law And The Role Of The Solicitor General, Michael W. Mcconnell

Articles

No abstract provided.


The Constitution As An Economic Document, Richard A. Posner Jan 1987

The Constitution As An Economic Document, Richard A. Posner

Articles

No abstract provided.


Content-Neutral Restrictions, Geoffrey R. Stone Jan 1987

Content-Neutral Restrictions, Geoffrey R. Stone

Articles

No abstract provided.


The Constitution In The Supreme Court: The Preferred-Position Debate, 1941-1946, David P. Currie Jan 1987

The Constitution In The Supreme Court: The Preferred-Position Debate, 1941-1946, David P. Currie

Articles

No abstract provided.


Organized Exchanges And The Regulation Of Dual Class Common Stock, Daniel R. Fischel Jan 1987

Organized Exchanges And The Regulation Of Dual Class Common Stock, Daniel R. Fischel

Articles

No abstract provided.


The Regulation Of Banks And Bank Holding Companies, Daniel R. Fischel, Andrew M. Rosenfield, Robert S. Stillman Jan 1987

The Regulation Of Banks And Bank Holding Companies, Daniel R. Fischel, Andrew M. Rosenfield, Robert S. Stillman

Articles

No abstract provided.


The Proposed Rules Of Professional Conduct: Critical Concerns For Military Lawyers, Donald L. Burnett Jr. Jan 1987

The Proposed Rules Of Professional Conduct: Critical Concerns For Military Lawyers, Donald L. Burnett Jr.

Articles

No abstract provided.


Constitutionalism After The New Deal, Cass R. Sunstein Jan 1987

Constitutionalism After The New Deal, Cass R. Sunstein

Articles

In recent years, the failure of administrative agencies to implement congressional programs faithfully and effectively has called into question the wisdom of the central institutional innovations of the New Deal: the expansion of the regulatory state and the shift in power from the states to the federal government. In this Article, Professor Sunstein challenges the New Deal more fundamentally, examining not only the institutional changes themselves, but also the shift in constitutional commitments that underlay those reforms. Professor Sunstein identifies three aspects of New Deal constitutionalism: the rejection of the original constitutional commitment to checks and balances in favor of …


Comment On Schlesinger, The Constitution And Presidential Leadership, Philip B. Kurland Jan 1987

Comment On Schlesinger, The Constitution And Presidential Leadership, Philip B. Kurland

Articles

No abstract provided.


Judicial Review Revisited: Original Intent And The Common Will, Philip B. Kurland Jan 1987

Judicial Review Revisited: Original Intent And The Common Will, Philip B. Kurland

Articles

No abstract provided.


Changing Conceptions Of Administration, Cass R. Sunstein Jan 1987

Changing Conceptions Of Administration, Cass R. Sunstein

Articles

No abstract provided.


The Risks Of Risk/Utility, Richard A. Epstein Jan 1987

The Risks Of Risk/Utility, Richard A. Epstein

Articles

No abstract provided.


The Separation Of Powers Doctrine And The Regulatory Agencies After Bowsher V. Synar, Daniel J. Gifford Jan 1987

The Separation Of Powers Doctrine And The Regulatory Agencies After Bowsher V. Synar, Daniel J. Gifford

Articles

Bowsher v. Synar is the latest in a series of recent cases in which the Supreme Court has elaborated upon and applied the separation of powers doctrine. The Court has cast many of these decisions in wooden, overly conceptual terms, exposing the Court to criticism that it has imposed an elaborately refined organizational framework upon the federal government going vastly beyond the pragmatic intention of the Framers. Despite the inadequacy of the Court's reasoning, however, this Article contends that, overall, the Court's recent decisions possess an underlying merit: They contain the foundation upon which a new and coherent understanding of …


Judicial Trial Skills Training, Stephen Simon, Bertrand Poritsky Jan 1987

Judicial Trial Skills Training, Stephen Simon, Bertrand Poritsky

Articles

The University of Minnesota Law School and the Minnesota Supreme Court Office of Continuing Education for State Court Personnel have initiated a unique and dynamic Judicial Trial Skills Training Program. Newly appointed judges participate in videotaped simulated trials designed to present the participating judges with numerous evidentiary and trial relationship issues. The videotapes of these trials are reviewed and cri- tiqued by the participating judge and a senior judge to give the participat-' ingjudges immediate feedback on their performance. The review session is used to discuss the various skills that judges must develop in order to conduct fair and efficient …


In Defense Of Administrative Agency Autonomy, A. Michael Froomkin Jan 1987

In Defense Of Administrative Agency Autonomy, A. Michael Froomkin

Articles

No abstract provided.


Shared Privacy And The Fourth Amendment, Or The Rights Of Relationships, Mary I. Coombs Jan 1987

Shared Privacy And The Fourth Amendment, Or The Rights Of Relationships, Mary I. Coombs

Articles

No abstract provided.


Intellectual Integration, James Boyd White Jan 1987

Intellectual Integration, James Boyd White

Articles

In this paper, I want to talk about the activity of intellectual integration itself: about what it can mean to integrate-to put together in a complex whole-aspects of our culture, or of the world, that seem to us disparate or unconnected; and what it can mean in so doing to integrate-to bring together in interactive life-aspects of our own minds and beings that we normally separate or divide from each other: I want to think of integration, that is-and of its opposite, disintegration-as taking place on two planes of existence at once, the cultural and the individual. For what is …


Copyright, Compromise And Legislative History, Jessica D. Litman Jan 1987

Copyright, Compromise And Legislative History, Jessica D. Litman

Articles

Copyright law gives authors a "property right." But what kind of property right? Indeed, a property right in what? The answers to these questions should be apparent from a perusal of title seventeen of the United States Code-the statute that confers the "property" right.' Courts, however, have apparently found title seventeen an unhelpful guide. For the most part, they look elsewhere for answers, relying primarily on prior courts' constructions of an earlier and very different statute on the same subject. 2


Thinking About Our Language, James Boyd White Jan 1987

Thinking About Our Language, James Boyd White

Articles

Except for one meeting, which I will describe below, I knew Bob Cover only through his writings. This circumstance was of course a disappointment to me, for our interests were similar, and his death now makes the loss irreparable. But perhaps this is less of a limitation than would normally be the case, for as much as anyone in the law Bob was, and is, actively present in his writing, both as a person and as a mind.-But that dichotomy of person and mind gets it wrong, for what I would like to catch is a sense of fusion or …


Siamese Essays: (I) Cts Corp. V. Dynamics Corp. Of America And Dormant Commerce Clause Doctrine; (Ii) Extraterritorial State Legislation, Donald H. Regan Jan 1987

Siamese Essays: (I) Cts Corp. V. Dynamics Corp. Of America And Dormant Commerce Clause Doctrine; (Ii) Extraterritorial State Legislation, Donald H. Regan

Articles

What follows is two essays, related as Siamese twins. Both essays developed from a single conception. They are distinct, but they remain connected by a shared subtopic. The first essay is about CTS Corp. v. Dynamics Corp. of America1 as a contribution to dormant commerce clause doctrine. The second essay is about the constitutional principle that states may not legislate extraterritorially, which I shall refer to as the "extraterritoriality principle." The shared subtopic is the extraterritoriality problem in CTS. (There is an extraterritoriality problem in CTS, even though the Court does not discuss it in those terms.) I could have …