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Centrist Judging And Traditional Family Values: Or Why Papa Can't Be A Rolling Stone Symposium: Contempory Challenges To Judging-History-Politcs-Values, Steven H. Hobbs, Mary F. Mulligan Jan 1992

Centrist Judging And Traditional Family Values: Or Why Papa Can't Be A Rolling Stone Symposium: Contempory Challenges To Judging-History-Politcs-Values, Steven H. Hobbs, Mary F. Mulligan

Articles

No abstract provided.


Bankruptcy Theory And The Creditors' Bargain, David G. Carlson Jan 1992

Bankruptcy Theory And The Creditors' Bargain, David G. Carlson

Articles

The article critiques the traditional "simple creditors' bargain" theory in bankruptcy law, arguing that it fails to align with libertarian principles due to its inability to justify bankruptcy discharges and its exclusion of debtors and non-creditors. It then explores an "expanded creditors' bargain," which attempts to address distributive aspects but ultimately falls short by excluding non-consensual creditors and failing to explain why contractual risk allocation is insufficient. The analysis highlights the theory's shortcomings in handling various creditor types and risks, questioning its validity in explaining bankruptcy law.


Taxation Of Business Rent, George Mundstock Jan 1992

Taxation Of Business Rent, George Mundstock

Articles

No abstract provided.


The Death Of The Employer: Image, Text, And Title Vii, D. Marvin Jones Jan 1992

The Death Of The Employer: Image, Text, And Title Vii, D. Marvin Jones

Articles

No abstract provided.


Enterprise And American Law: 1836-1937. By Herbert Hovenkamp (Book Review), Kunal Parker Jan 1992

Enterprise And American Law: 1836-1937. By Herbert Hovenkamp (Book Review), Kunal Parker

Articles

No abstract provided.


Judicial Textualism Meets Congressional Micromanagement: A Potential Collision In Clean Air Act Interpretation, Michael E. Herz Jan 1992

Judicial Textualism Meets Congressional Micromanagement: A Potential Collision In Clean Air Act Interpretation, Michael E. Herz

Articles

No abstract provided.


Disabled Clients, Disabling Lawyers, Anthony V. Alfieri Jan 1992

Disabled Clients, Disabling Lawyers, Anthony V. Alfieri

Articles

No abstract provided.


Stances, Anthony V. Alfieri Jan 1992

Stances, Anthony V. Alfieri

Articles

No abstract provided.


Public Values And Corporate Fiduciary Law, William Wilson Bratton Jan 1992

Public Values And Corporate Fiduciary Law, William Wilson Bratton

Articles

No abstract provided.


The Economic Structure Of The Post--Contractual Corporation, William Wilson Bratton Jan 1992

The Economic Structure Of The Post--Contractual Corporation, William Wilson Bratton

Articles

No abstract provided.


Telling Tales In Court: Trial Procedure And The Story Model, Richard O. Lempert Nov 1991

Telling Tales In Court: Trial Procedure And The Story Model, Richard O. Lempert

Articles

There are three ways in which stories may figure prominently at trials. First, litigants may tell stories to jurors. Not only is there some social science evidence that this happens, but trial lawyers have an instinctive sense that this is what they do. Ask a litigator to describe a current case and she is likely to reply, "Our story is ... " Second, jurors may try to make sense of the evidence they receive by fitting it to some story pattern. If so, the process is likely to feed back on itself. That is, jurors are likely to build a …


Some Caveats Concerning Dna As Criminal Identification Evidence: With Thanks To The Reverend Bayes, Richard O. Lempert Nov 1991

Some Caveats Concerning Dna As Criminal Identification Evidence: With Thanks To The Reverend Bayes, Richard O. Lempert

Articles

The conference panel at which this paper was originally presented was structured along the lines of a debate. The three speakers who were supposed to advocate the use of DNA evidence were labeled, as is customary, Proponents. But those who were supposed to take the negative side were not called Opponents. Rather they were labeled Caveators. I do not know who is responsible for this label, but I think it gets things exactly right. To my mind anyone considering DNA as criminal identification evidence should be a Caveator. The promise and utility of DNA analysis in identifying the perpetrators of …


The Fall And Rise Of The Criminal Contingent Fee, Peter Lushing Oct 1991

The Fall And Rise Of The Criminal Contingent Fee, Peter Lushing

Articles

The article argues that the ban on contingent fees for criminal defense attorneys, established by the American Bar Association in 1969, is outdated and should be repealed. It contends that the ban is rooted in historical prejudice and unfounded concerns about conflicts of interest, rather than empirical evidence. The author suggests that the Supreme Court's 1989 decision implicitly approving contingent fees in certain criminal cases presents an opportunity to reconsider this prohibition. Repealing the ban could benefit middle-class defendants and allow for regulation and data collection to address potential issues.


Qualified Plans And Identifying Tax Expenditures: A Rejoinder To Professor Stein, Edward A. Zelinsky Oct 1991

Qualified Plans And Identifying Tax Expenditures: A Rejoinder To Professor Stein, Edward A. Zelinsky

Articles

No abstract provided.


The Fourth Amendment And Its Exclusionary Rule, Yale Kamisar Sep 1991

The Fourth Amendment And Its Exclusionary Rule, Yale Kamisar

Articles

"The history of liberty," Justice Felix Frankfurter once noted, "has largely been the history of observance of procedural safeguards" and "the history of the destruction of liberty," Professor Anthony Amsterdam has added, "has largely been the history of the relaxation of those safeguards in the face of plausible sounding governmental claims of a need to deal with widely frightening and emotion freighted threats to the good order of society." These plausible-sounding government claims are being heard today -and they are putting enormous pressure on the Fourth Amendment, the constitutional provision that protects "the right of the people to be secure …


Degnerate Four-Wave Mixing In Rhodamine Doped Epoxy Waveguides, B. Rossi, Hugh Byrne, W. Blau Apr 1991

Degnerate Four-Wave Mixing In Rhodamine Doped Epoxy Waveguides, B. Rossi, Hugh Byrne, W. Blau

Articles

Self-diffraction from laser-induced gratings is observed in a 13 pm-thick film of rhodamine I3 doped epoxy. The decay of the grating is measured to be 2.05 ns. Degenerate forward four-wave mixing in a guided geometry is observed by coupling out all beams after nronagation over 1 mm. At 595 nm the third-order nonlinear susceptibility of the film is measured to be 1.5~10-‘~ m2Ve2.


Metro Broadcasting, Inc. V Fcc: Affirmative Action At The Crossroads Of Constitutional Liberty And Equality, Michel Rosenfeld Feb 1991

Metro Broadcasting, Inc. V Fcc: Affirmative Action At The Crossroads Of Constitutional Liberty And Equality, Michel Rosenfeld

Articles

The article examines the Supreme Court's inconsistent approach to affirmative action, particularly through the lens of *Metro Broadcasting, Inc. v. FCC*, which upheld the FCC's race-based policies to promote broadcast diversity. While the decision aligns with constitutional values of equality and free speech, the Court's opinions fail to coherently reconcile liberty and equality principles. The article argues for a more integrated framework to address the complexities of affirmative action jurisprudence and its intersection with First Amendment rights.


Of Defamation And Decisionmaking: Wiemer V. Rankin And The Abdication Of Appellate Responsibility, Dale Goble Jan 1991

Of Defamation And Decisionmaking: Wiemer V. Rankin And The Abdication Of Appellate Responsibility, Dale Goble

Articles

No abstract provided.


Civil Rights And Remedies, Frank H. Easterbrook Jan 1991

Civil Rights And Remedies, Frank H. Easterbrook

Articles

No abstract provided.


Remarks On Law And Literature, Richard A. Posner Jan 1991

Remarks On Law And Literature, Richard A. Posner

Articles

No abstract provided.


Controversial Scholarship And Faculty Appointments: A Dean's View, Geoffrey R. Stone Jan 1991

Controversial Scholarship And Faculty Appointments: A Dean's View, Geoffrey R. Stone

Articles

No abstract provided.


The Law And Economics Of Racial Discrimination In Employment: The Case For Numerical Standards, David A. Strauss Jan 1991

The Law And Economics Of Racial Discrimination In Employment: The Case For Numerical Standards, David A. Strauss

Articles

No abstract provided.


How Not To Promote Serious Deliberation About Abortion, Michael W. Mcconnell Jan 1991

How Not To Promote Serious Deliberation About Abortion, Michael W. Mcconnell

Articles

No abstract provided.


Multiculturalism, Majoritarianism, And Educational Choice: What Does Our Constitutional Tradition Have To Say?, Michael W. Mcconnell Jan 1991

Multiculturalism, Majoritarianism, And Educational Choice: What Does Our Constitutional Tradition Have To Say?, Michael W. Mcconnell

Articles

No abstract provided.


The Fourteenth Amendment: A Second American Revolution Or The Logical Culmination Of The Tradition, Michael W. Mcconnell Jan 1991

The Fourteenth Amendment: A Second American Revolution Or The Logical Culmination Of The Tradition, Michael W. Mcconnell

Articles

No abstract provided.


Ancient Law And The Punishment Of Corporations: Of Frankpledge And Deodand, Albert W. Alschuler Jan 1991

Ancient Law And The Punishment Of Corporations: Of Frankpledge And Deodand, Albert W. Alschuler

Articles

No abstract provided.


The Failure Of Sentencing Guidelines: A Plea For Less Aggregation, Albert Alschuler Jan 1991

The Failure Of Sentencing Guidelines: A Plea For Less Aggregation, Albert Alschuler

Articles

No abstract provided.


Tuskegee Modern, Or Group Rights Under The Constitution, Richard A. Epstein Jan 1991

Tuskegee Modern, Or Group Rights Under The Constitution, Richard A. Epstein

Articles

No abstract provided.


Takings, Torts, And Special Interests, Saul Levmore Jan 1991

Takings, Torts, And Special Interests, Saul Levmore

Articles

No abstract provided.


Democracy And Distrust Revisited, Richard A. Posner Jan 1991

Democracy And Distrust Revisited, Richard A. Posner

Articles

No abstract provided.