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Antitrust Suits By Targets Of Tender Offers, Frank H. Easterbrook, Daniel R. Fischel Jan 1982

Antitrust Suits By Targets Of Tender Offers, Frank H. Easterbrook, Daniel R. Fischel

Articles

No abstract provided.


Toward An Economic Theory Of Federal Jurisdiction, Richard A. Posner Jan 1982

Toward An Economic Theory Of Federal Jurisdiction, Richard A. Posner

Articles

No abstract provided.


The Regulation Of Insider Trading, Daniel R. Fischel, Dennis W. Carlton Jan 1982

The Regulation Of Insider Trading, Daniel R. Fischel, Dennis W. Carlton

Articles

No abstract provided.


Rulemaking As Politics, Antonin Scalia Jan 1982

Rulemaking As Politics, Antonin Scalia

Articles

No abstract provided.


Separation Of Functions: Obscurity Preserved, Antonin Scalia Jan 1982

Separation Of Functions: Obscurity Preserved, Antonin Scalia

Articles

No abstract provided.


Book Review (Reviewing Paul R. Hyams, Kings, Lords And Peasants In Medieval England: The Common Law Of Villeinage In The Twelfth And Thirteenth Centuries (1980)), Richard H. Helmholz Jan 1982

Book Review (Reviewing Paul R. Hyams, Kings, Lords And Peasants In Medieval England: The Common Law Of Villeinage In The Twelfth And Thirteenth Centuries (1980)), Richard H. Helmholz

Articles

No abstract provided.


A New United Nations Mechanism For Encouraging The Ratification Of Treaties, David Weissbrodt Jan 1982

A New United Nations Mechanism For Encouraging The Ratification Of Treaties, David Weissbrodt

Articles

The ratification of international human rights treaties is critical to the worldwide observance of human rights and fundamental freedoms. The United Nations General Assembly and Commission on Human Rights have repeatedly emphasized the importance of ratification and have frequently encouraged states to ratify the relevant international instruments. Despite these efforts, acceptance of human rights treaties has been uneven. A con- siderable number of states have failed to ratify.


A New United Nations Mechanism For Encouraging The Ratification Of Treaties, David Weissbrodt Jan 1982

A New United Nations Mechanism For Encouraging The Ratification Of Treaties, David Weissbrodt

Articles

The ratification of international human rights treaties is critical to the worldwide observance of human rights and fundamental freedoms. The United Nations General Assembly and Commission on Human Rights have repeatedly emphasized the importance of ratification and have frequently encouraged states to ratify the relevant international instruments. Despite these efforts, acceptance of human rights treaties has been uneven. A considerable number of states have failed to ratify.


International Trial Observers, David Weissbrodt Jan 1982

International Trial Observers, David Weissbrodt

Articles

Since the Dreyfus trial in 1899, governments have sent observers to foreign political trials both to increase their understanding of the affairs of other nations and to express concern about the fairness of the proceedings themselves. It is now common for a number of gov- ernments, including those of Canada, the Federal Republic of Ger- many, Japan, Sweden, the United Kingdom, and the United States, to send official observers to foreign trials of political or human rights significance.


Words That Wound: A Tort Action For Racial Insults, Epithets, And Name-Calling, Richard Delgado Jan 1982

Words That Wound: A Tort Action For Racial Insults, Epithets, And Name-Calling, Richard Delgado

Articles

One of the first articles to discuss the problem of hate speech Words That Wound discusses the harms of racist speech before proposing a new tort enabling its victims to recover damages from the utterer I later expanded the article into a book with Jean Stefancic Entitled Understanding Words That Wound the book covers a range of recent problems including hate speech on the Internet campus hate speech codes and child porn


Making Waves In Color - A Basic Color Schlieren System, Andrew Davidhazy Jan 1982

Making Waves In Color - A Basic Color Schlieren System, Andrew Davidhazy

Articles

This article first appeared as "Making Waves in Color" An article [that originally appeared in 1982 in Photomethods magazine's Images and ideas publication] describing how I set up a single mirror, double pass, color schlieren system.


Introduction: On Evaluating The Draft Convention On The Law Of The Sea, Bernard H. Oxman Jan 1982

Introduction: On Evaluating The Draft Convention On The Law Of The Sea, Bernard H. Oxman

Articles

No abstract provided.


Justice And The Bureaucratization Of Appellate Courts, Joseph Vining Jan 1982

Justice And The Bureaucratization Of Appellate Courts, Joseph Vining

Articles

The author notes the growing bureaucratization of appellate justice in the United States and, in particular, the drafting of opinions by law clerks rather than by judges. Taking the Supreme Court of the United States as an example, and comparing its internal procedure with that of large administrative agencies, he questions whether the method of analysis familiarly used by lawyers to arrive at an authoritative statement of law is applicable to legal texts bureaucratically produced. He suggests that legal method and its presuppositions are ultimately associated with the authority of law, and concludes that there may be critical losses not …


The Moralist As Expert Witness, Richard Delgado, Peter Mcallen Jan 1982

The Moralist As Expert Witness, Richard Delgado, Peter Mcallen

Articles

No abstract provided.


The Regulation Of Labor Unions, Theodore J. St. Antoine Jan 1982

The Regulation Of Labor Unions, Theodore J. St. Antoine

Articles

This year completes exactly a half century in the federalization and codification of American labor law. Before that the regulation of both the internal affairs and external relations of labor organizations was left largely to the individual states, usually through the application of common or nonstatutory law by the courts. One major exception was the railroad industry, whose patent importance to interstate commerce made it an acceptable subject for federal legislation like the Railway Labor Act.


Eight Cases And Section 251, James J. White Jan 1982

Eight Cases And Section 251, James J. White

Articles

[A] continuing sense of reliance and security that the promised performance will be forthcoming. . . is an important feature of the bargain-so states Comment 1 to section 2-609 of the Uniform Commercial Code. At common law, one party to a contract might suffer considerable and justifiable anxiety about the other party's willingness or ability to perform and yet have no legal basis for cancelling the contract or for procuring additional assurances from the other party. Section 251 of the Restatement (Second) of Contracts is designed to provide a remedy for one party's reasonable fears that the other party to …


Free Speech Or Economic Weapon? The Persisting Problem Of Picketing, Theodore J. St. Antoine Jan 1982

Free Speech Or Economic Weapon? The Persisting Problem Of Picketing, Theodore J. St. Antoine

Articles

"Peaceful picketing," the United States Supreme Court has said, "is the workingman's means of communication."' One line of analysis is that, as a means of communication, picketing is free speech and is therefore entitled to every constitutional protection afforded other forms of expression. This means that it cannot be subjected to special restrictions, such as antiboycott curbs, simply because it is picketing. The opposing line of analysis is that picketing is not simply speech; it is "speech plus." The "plus" element removes picketing from the realm of pure speech and enables it to be regulated in ways that the Constitution …


The Fifth Amendment, Self-Incrimination, And Foreign Prosecution: The Saga Of The Ryuyo Maru, Jeff M. Feldman Jan 1982

The Fifth Amendment, Self-Incrimination, And Foreign Prosecution: The Saga Of The Ryuyo Maru, Jeff M. Feldman

Articles

In 1979, the M/V Ryuyo Maru No. 2, a Japanese fishing vessel, went aground off the coast of Alaska. During the course ofthe United States Coast Guard's investigation into the cause of themarine casualty, the captain of the vessel and several seamen attempted to avoid giving testimony at the Coast Guard inquest onthe ground that their testimony would tend to incriminate the munder the law of Japan. The ensuing litigation' over the extent towhich the fifth amendment protects witnesses from compulsory self-incrimination where the sole threat of criminal prosecution is by a foreign government contributes to a recent line of …


Testimonial Immunity And The Privilege Against Self-Incrimination: A Study In Isomorphism, Peter Lushing Jan 1982

Testimonial Immunity And The Privilege Against Self-Incrimination: A Study In Isomorphism, Peter Lushing

Articles

This Article accepts and will develop the Court's isomorphic theory of immunity and privilege, and will show why Portash is nonetheless correct in result. A case for a broadened view of the privilege, partially because of the availability of testimonial immunity, will be made. Apftlbaum will be shown to be incorrect in result. This Article will also analyze the problem of immunized testimony and perjury by inconsistent statement, a problem faced once by the Court but left unresolved. Finally, this Article will discuss the constitutional requirements of an immunity statute, and consider an immunity case presently pending before the Supreme …


A Right To Every Woman's Evidence, Richard O. Lempert May 1981

A Right To Every Woman's Evidence, Richard O. Lempert

Articles

I am indeed honored to be here with you today, honored to be joining you next year as Iowa's first Mason Ladd Visiting Distinguished Professor of Law, and honored to be giving the first Mason Ladd Lecture. The honor lies not just in the recognition you accord me, but also in the linkage to the man in whose name this recognition is given.


Faces Without Features: The Surface Validity Of Criminal Inferences, Peter Lushing Apr 1981

Faces Without Features: The Surface Validity Of Criminal Inferences, Peter Lushing

Articles

The article critiques the Supreme Court's decision in County Court v. Allen, arguing that the Court's approach to evaluating instructed inferences in criminal cases undermines the integrity of the fact-finding process. The central concern is that the Court's methodology, which assesses inferences as applied rather than on their face, fails to address the potential irrationality of such inferences and the pressure they may exert on jurors to convict without thorough consideration of the evidence. The article advocates for a more rigorous standard to ensure the rationality and constitutionality of instructed inferences in criminal trials.


Cost-Benefit Analysis And The Separation Of Powers, Cass R. Sunstein Jan 1981

Cost-Benefit Analysis And The Separation Of Powers, Cass R. Sunstein

Articles

No abstract provided.


In Memoriam: Malcolm P. Sharp, Gerhard Casper Jan 1981

In Memoriam: Malcolm P. Sharp, Gerhard Casper

Articles

No abstract provided.


The Law And Economics Of Dividend Policy, Daniel R. Fischel Jan 1981

The Law And Economics Of Dividend Policy, Daniel R. Fischel

Articles

No abstract provided.


Social Science Hubris--A Review Of Lindblom And Cohen's Usable Knowledge Review Article, Hans Zeisel Jan 1981

Social Science Hubris--A Review Of Lindblom And Cohen's Usable Knowledge Review Article, Hans Zeisel

Articles

No abstract provided.


Fact-Finding By International Nongovernmental Human Rights Organizations, David Weissbrodt, James Mccarthy Jan 1981

Fact-Finding By International Nongovernmental Human Rights Organizations, David Weissbrodt, James Mccarthy

Articles

There are a considerable number of nongovernmental organizations (NGOs) engaged in overseeing the implementation of human rights by governments throughout the world.1 Working at the international2 and national levels,s these organizations function as unofficial ombudsmen safeguarding human rights against govern- mental infringement, using such techniques as diplomatic initia- tives,4 reports,5 public statements,6 efforts to influence the deliber- ations of intergovernmental human rights bodies, campaigns to mobilize public opinion,8 and attempts to affect the foreign policy of some countries with respect to their relations with other coun- tries that regularly commit human rights violations.9


Strategies For The Selection And Pursuit Of International Human Rights Objectives, David Weissbrodt Jan 1981

Strategies For The Selection And Pursuit Of International Human Rights Objectives, David Weissbrodt

Articles

No abstract provided.


Extracting Documents And Information From The Internal Revenue Service, Stuart E. Siegel, Stanley I. Langbein Jan 1981

Extracting Documents And Information From The Internal Revenue Service, Stuart E. Siegel, Stanley I. Langbein

Articles

No abstract provided.


Constitutional Interpretation, Terrance Sandalow Jan 1981

Constitutional Interpretation, Terrance Sandalow

Articles

"[We] must never forget," Chief Justice Marshall admonished us in a statement pregnant with more than one meaning, "that it is a constitution we are expounding."' Marshall meant that the Constitution should be read as a document "intended to endure for ages.to come, and, consequently, to be adapted to the various crises of human affairs."'2 But he meant also that the construction placed upon the document must have regard for its "great outlines" and "important objects."'3 Limits are implied by the very nature of the task. There is not the same freedom in construing the Constitution as in constructing a …


Stock Redemptions: The Standards For Qualifying As A Purchase Under Section 302(B)., Douglas A. Kahn Jan 1981

Stock Redemptions: The Standards For Qualifying As A Purchase Under Section 302(B)., Douglas A. Kahn

Articles

This Article discusses the requirements of section 302(b) for characterizing a stock redemption as a purchase rather than as a dividend equivalent. The focus is primarily on two issues: (1) whether the election authorized by section 302(c)(2) to waive family attribution rules should be available to an entity such as a trust or estate; and (2) the determination of the standards to be applied in resolving whether a redemption is "not essentially equivalent to a dividend" so that section 302(b)(1) is applicable.