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Ninth Circuit Praises Work Of Appellate Clinic Interns, Maureen Laflin Jan 1999

Ninth Circuit Praises Work Of Appellate Clinic Interns, Maureen Laflin

Articles

No abstract provided.


The Missing Pieces Of The Debate Over Federal Property Rights Legislation, Richard Henry Seamon Jan 1999

The Missing Pieces Of The Debate Over Federal Property Rights Legislation, Richard Henry Seamon

Articles

No abstract provided.


Professionalism: Restoring The Flame, Donald L. Burnett Jr. Jan 1999

Professionalism: Restoring The Flame, Donald L. Burnett Jr.

Articles

No abstract provided.


Between Monster And Machine: Rethinking The Judicial Function, Lee Anne Fennell Jan 1999

Between Monster And Machine: Rethinking The Judicial Function, Lee Anne Fennell

Articles

No abstract provided.


Property Rights Claims Of Indigenous Populations: The View From The Common Law, Richard A. Epstein Jan 1999

Property Rights Claims Of Indigenous Populations: The View From The Common Law, Richard A. Epstein

Articles

No abstract provided.


Social And Economic Rights - Lessons From South Africa New Developments In World Constitutionalism, Cass R. Sunstein Jan 1999

Social And Economic Rights - Lessons From South Africa New Developments In World Constitutionalism, Cass R. Sunstein

Articles

No abstract provided.


The Securitization Of Debt And Equity In Real Estate: Prospects For Law In The Twenty-First Century, Michael H. Schill Jan 1999

The Securitization Of Debt And Equity In Real Estate: Prospects For Law In The Twenty-First Century, Michael H. Schill

Articles

No abstract provided.


Positivism, Formalism, Realism, Brian Leiter Jan 1999

Positivism, Formalism, Realism, Brian Leiter

Articles

In Legal Positivism in American Jurisprudence, Anthony Sebok traces the historical and philosophical relationship between legal positivism and the dominant schools of American jurisprudence: Formalism, Realism, Legal Process, and Fundamental Rights. Sebok argues that formalism followed from the central tenets of Classical Positivism, and that both schools of thought were discredited-through misunderstandings-during the Realist period. Positivism's essential tenets were reasserted by Legal Process scholars, though soon thereafter misappropriated by politically conservative theorists. In the concluding chapters of the book, Sebok argues that the recent theory known as "Soft" Positivism or "Incorporationism" holds out the possibility of redeeming the liberal political …


Arbitration And The Harmonization Of International Commercial Law: A Defense Of Mitsubishi, Eric A. Posner Jan 1999

Arbitration And The Harmonization Of International Commercial Law: A Defense Of Mitsubishi, Eric A. Posner

Articles

No abstract provided.


The Effects Of Deregulation On Competition: The Experience Of The United States, Richard A. Posner Jan 1999

The Effects Of Deregulation On Competition: The Experience Of The United States, Richard A. Posner

Articles

No abstract provided.


Incentives, Reputation, And The Glorious Determinants Of Judicial Behavior, Gerald Rosenberg Jan 1999

Incentives, Reputation, And The Glorious Determinants Of Judicial Behavior, Gerald Rosenberg

Articles

No abstract provided.


Implications Of Implicit Taxes, David A. Weisbach Jan 1999

Implications Of Implicit Taxes, David A. Weisbach

Articles

No abstract provided.


What Does Frieda Yoder Believe?, Emily Buss Jan 1999

What Does Frieda Yoder Believe?, Emily Buss

Articles

No abstract provided.


Controlling The Costs Of Alternative Medicine, Lior Strahilevitz Jan 1999

Controlling The Costs Of Alternative Medicine, Lior Strahilevitz

Articles

No abstract provided.


Does Antitrust Have A Comparative Advantage?, Frank H. Easterbrook Jan 1999

Does Antitrust Have A Comparative Advantage?, Frank H. Easterbrook

Articles

No abstract provided.


Too Young To Be Rehabilitated - Comments On Lipsey's 'Can Rehabilitative Programs Reduce The Recidivism Of Juvenile Offenders?', Emily Buss Jan 1999

Too Young To Be Rehabilitated - Comments On Lipsey's 'Can Rehabilitative Programs Reduce The Recidivism Of Juvenile Offenders?', Emily Buss

Articles

No abstract provided.


Two Cheers For Cheerleading: The Noisy Integration Of Vmi And The Quiet Success Of Virginia Women In Leadership The Law Of Sex Discrimination, Mary Anne Case Jan 1999

Two Cheers For Cheerleading: The Noisy Integration Of Vmi And The Quiet Success Of Virginia Women In Leadership The Law Of Sex Discrimination, Mary Anne Case

Articles

No abstract provided.


Very Stereotype The Law Condemns: Constitutional Sex Discrimination Law As A Quest For Perfect Proxies, Mary Anne Case Jan 1999

Very Stereotype The Law Condemns: Constitutional Sex Discrimination Law As A Quest For Perfect Proxies, Mary Anne Case

Articles

No abstract provided.


Cyberspace Versus Property Law, Frank H. Easterbrook Jan 1999

Cyberspace Versus Property Law, Frank H. Easterbrook

Articles

No abstract provided.


Hayekian Socialism, Richard A. Epstein Jan 1999

Hayekian Socialism, Richard A. Epstein

Articles

No abstract provided.


Impeachment And Presidential Immunity From Judicial Process, Joseph Isenbergh Jan 1999

Impeachment And Presidential Immunity From Judicial Process, Joseph Isenbergh

Articles

No abstract provided.


Reconceptualizing Unfunded Mandates And Other Regulations, Julie Roin Jan 1999

Reconceptualizing Unfunded Mandates And Other Regulations, Julie Roin

Articles

No abstract provided.


Licensing: Permission Slips In Corporate And Fourth Amendment Law, Saul Levmore Jan 1999

Licensing: Permission Slips In Corporate And Fourth Amendment Law, Saul Levmore

Articles

No abstract provided.


Double Blind Lawmaking And Other Comments On Formalism In The Tax Law, Saul Levmore Jan 1999

Double Blind Lawmaking And Other Comments On Formalism In The Tax Law, Saul Levmore

Articles

No abstract provided.


Changes, Anticipations, And Reparations, Saul Levmore Jan 1999

Changes, Anticipations, And Reparations, Saul Levmore

Articles

Conventional views of legal change emphasize the values of certainty and reliance, and are therefore hostile to explicitly retroactive laws. Contemporary scholarship, however, allows that a policy of aggressive legal change, with no compensation for "new losers," can encourage socially useful steps in anticipation of change. Professor Levmore argues that the anticipation-oriented approach logically extends to embrace anticipation by "new winners" and governments as well as new losers. If all parties' anticipatory incentives are considered, familiar rules, ranging from statutes of limitations to retroactivity and to compensatory payments for government takings, seem quite sensible. And if these rules are drawn …


The Scope Of Criminal Forfeiture Under Rico: The Appropriate Definition Of Proceeds, Anup Malani Jan 1999

The Scope Of Criminal Forfeiture Under Rico: The Appropriate Definition Of Proceeds, Anup Malani

Articles

No abstract provided.


Regulating Network Industries: A Look At Intel, Randal C. Picker Jan 1999

Regulating Network Industries: A Look At Intel, Randal C. Picker

Articles

No abstract provided.


Rethinking Cost-Benefit Analysis, Eric A. Posner, Matthew D. Adler Jan 1999

Rethinking Cost-Benefit Analysis, Eric A. Posner, Matthew D. Adler

Articles

No abstract provided.


A Positive Theory Of Chapter 11, Eric A. Posner, Kevin A. Kordana Jan 1999

A Positive Theory Of Chapter 11, Eric A. Posner, Kevin A. Kordana

Articles

This Article is the first comprehensive analysis of the complicated voting rules of Chapter 11. Under these rules, only the debtor may propose a plan of reorganization during a lengthy exclusivity period, creditors are placed in classes which vote separately on the plan, voting is based on a bicameral system with both majority and supermajority requirements, and a plan may be confirmed only if, among other things, every nonconsenting creditor receives at least as much as it would have if the firm were liquidated under Chapter Z Chapter 11's rules are idiosyncratic and difficult to understand, yet the literature on …


Dworkin, Polemics, And The Clinton Impeachment Controversy, Richard A. Posner Jan 1999

Dworkin, Polemics, And The Clinton Impeachment Controversy, Richard A. Posner

Articles

No abstract provided.