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Deconcentrating The Inner City Poor, Michael H. Schill Jan 1991

Deconcentrating The Inner City Poor, Michael H. Schill

Articles

No abstract provided.


An Economic Analysis Of Mortgagor Protection Laws, Michael H. Schill Jan 1991

An Economic Analysis Of Mortgagor Protection Laws, Michael H. Schill

Articles

No abstract provided.


Crisis In The Criminal Justice System The Socio-Economic Struggle For Equality, Randolph N. Stone Jan 1991

Crisis In The Criminal Justice System The Socio-Economic Struggle For Equality, Randolph N. Stone

Articles

No abstract provided.


Tradition, Precedent, And Justice Scalia, David A. Strauss Jan 1991

Tradition, Precedent, And Justice Scalia, David A. Strauss

Articles

No abstract provided.


Persuasion, Autonomy, And Freedom Of Expression, David A. Strauss Jan 1991

Persuasion, Autonomy, And Freedom Of Expression, David A. Strauss

Articles

No abstract provided.


The Single Owner Revisited: A Brief Reply To Professor Lewin, Richard A. Epstein Jan 1991

The Single Owner Revisited: A Brief Reply To Professor Lewin, Richard A. Epstein

Articles

No abstract provided.


A Clash Of Two Cultures: Will The Tort System Survive Automobile Insurance Reform?, Richard A. Epstein Jan 1991

A Clash Of Two Cultures: Will The Tort System Survive Automobile Insurance Reform?, Richard A. Epstein

Articles

No abstract provided.


Regulation--And Contract--In Environmental Law, Richard A. Epstein Jan 1991

Regulation--And Contract--In Environmental Law, Richard A. Epstein

Articles

No abstract provided.


The Legal Regulation Of Lawyers' Conflicts Of Interest, Richard A. Epstein Jan 1991

The Legal Regulation Of Lawyers' Conflicts Of Interest, Richard A. Epstein

Articles

No abstract provided.


Conflicts Between Religious And Secular Law: Common Themes In The English Experience, 1250-1640, Richard H. Helmholz Jan 1991

Conflicts Between Religious And Secular Law: Common Themes In The English Experience, 1250-1640, Richard H. Helmholz

Articles

No abstract provided.


Meta, Patricia Durr Jan 1991

Meta, Patricia Durr

Articles

For a class project, two young college students interview a Holocaust survivor who is Deaf and discover the atrocities of the Holocaust through the woman's stories.


Effectuating The Customer's Right To Stop Payment Of A Check: The Forgotten Section 4-401, D. Benjamin Beard Jan 1991

Effectuating The Customer's Right To Stop Payment Of A Check: The Forgotten Section 4-401, D. Benjamin Beard

Articles

No abstract provided.


Constitutionalism And Secession, Cass R. Sunstein Jan 1991

Constitutionalism And Secession, Cass R. Sunstein

Articles

No abstract provided.


Democratizing America Through Law, Cass R. Sunstein Jan 1991

Democratizing America Through Law, Cass R. Sunstein

Articles

No abstract provided.


What Judge Bork Should Have Said, Cass R. Sunstein Jan 1991

What Judge Bork Should Have Said, Cass R. Sunstein

Articles

No abstract provided.


Administrative Substance Twenty-Second Annual Administrative Law Issue, Cass R. Sunstein Jan 1991

Administrative Substance Twenty-Second Annual Administrative Law Issue, Cass R. Sunstein

Articles

No abstract provided.


Protectionism As A Safeguard: A Positive Analysis Of The Gatt Escape Clause With Normative Speculations, Alan O. Sykes Jan 1991

Protectionism As A Safeguard: A Positive Analysis Of The Gatt Escape Clause With Normative Speculations, Alan O. Sykes

Articles

No abstract provided.


The Interplay Of Product Definition, Design And Trade Dress, Daniel J. Gifford Jan 1991

The Interplay Of Product Definition, Design And Trade Dress, Daniel J. Gifford

Articles

In the present Essay, I discuss some of the roles played by trademark law in stimulating competition among producers to develop new varieties of products and services. I argue that trademarks perform a particularly useful role in engendering innovation, and that this role was, for a time, threatened by the particular approach to genericity followed by the Ninth Circuit in its well-known Anti-Monopoly 1 decisions. I also argue that the developing law of trade dress performs a different, but nonetheless complementary, role in encouraging innovation.


Adjudication In Independent Tribunals: The Role Of An Alternative Agency Structure, Daniel J. Gifford Jan 1991

Adjudication In Independent Tribunals: The Role Of An Alternative Agency Structure, Daniel J. Gifford

Articles

Much present-day administrative adjudication takes place in a procedural context which is significantly different from that of the traditional regulatory agency. 1 In agency proceedings ranging from administrative enforcement under the Occupational Safety and Health Act to the resolution of claims under the veterans benefits acts, adjudication is conducted by tribunals which are practically and often formally independent of the administering or enforcement authority. Appeals or review functions are performed either by other independent administrative bodies or the courts. In the classic regulatory agencies the opposite was the case. In those agencies, the agency head invariably held the power of …


Justice By Geography: Urban, Suburban, And Rural Variations In Juvenile Justice Administration, Barry C. Feld Jan 1991

Justice By Geography: Urban, Suburban, And Rural Variations In Juvenile Justice Administration, Barry C. Feld

Articles

Despite statutes and rules of statewide applicability, juvenile justice administration varies consistently with urban, suburban, and rural social structure and context. In urban counties, which are more heterogenous and diverse, juvenile justice intervention is more formal, bureaucratized, and due process-oriented. Formality is associated with greater severity in pre-trial detention and sentencing practices. By contrast, in more homogeneous and stable rural counties, juvenile courts are procedurally less formal and sentence youths more leniently. The Article explores the implications of "justice by geography" for juvenile justice policy.


The Future Of Legal Education, Robert Stein Jan 1991

The Future Of Legal Education, Robert Stein

Articles

The subject of this Essay is the future of legal education. The essay is an adaptation of my inaugural lecture as William S. Pattee Professor of Law,' a professorship named after an ex- traordinary man who served as the first Dean of the University of Minnesota Law School.2


Public Prosecution And Hydro-Engineering, Michael Tonry Jan 1991

Public Prosecution And Hydro-Engineering, Michael Tonry

Articles

There are inherent tensions between conceptions of public prosecutors as elected officials who respond to public intolerance of crime and criminals and as officers of the court who answer to normative injunctions of fairness and dispassion. Discussion of prosecutors' roles has progressed little beyond recognition of inherent tensions. There is no literature on prosecutorial strategies. The empirical literature on prosecutorial operations is scant.


A Reminiscence About The Uniform Marriage And Divorce Act - Some Reflections About Its Critics And Its Policies, Robert Levy Jan 1991

A Reminiscence About The Uniform Marriage And Divorce Act - Some Reflections About Its Critics And Its Policies, Robert Levy

Articles

No abstract provided.


Defendant Amenability To Treatment Or Probation As A Basis For Departure Under The Minnesota And Federal Sentencing Guidelines, Richard Frase Jan 1991

Defendant Amenability To Treatment Or Probation As A Basis For Departure Under The Minnesota And Federal Sentencing Guidelines, Richard Frase

Articles

No abstract provided.


Sentencing Reform In Minnesota, Ten Years After: Reflections On Dale G. Parent's Structuring Criminal Sentences: The Evolution Of Minnesota's Sentencing Guidelines, Richard Frase Jan 1991

Sentencing Reform In Minnesota, Ten Years After: Reflections On Dale G. Parent's Structuring Criminal Sentences: The Evolution Of Minnesota's Sentencing Guidelines, Richard Frase

Articles

No abstract provided.


Legal Education: An Illusion, Judith T. Younger Jan 1991

Legal Education: An Illusion, Judith T. Younger

Articles

No abstract provided.


Employee Handbooks And The Legal Effect Of Disclaimers, Stephen F. Befort Jan 1991

Employee Handbooks And The Legal Effect Of Disclaimers, Stephen F. Befort

Articles

In his article, Professor Befort discusses the use of employee handbook disclaimers in the workplace. He begins the article with an examination of the employment-at-will rule, its history, and exceptions which recently have been utilized by courts that refuse to apply the rule under certain conditions. He then turns to the use of handbook disclaimers and explores the varying contexts in which courts agree or decline to enforce them. Finally, Professor Befort offers a somewhat different approach which takes into account both the benefits employers derive from the use of handbooks and the reasonable expectations they instill in employees.


Wills And Trusts: "The Kingdom Of The Fathers", Mary Louise Fellows Jan 1991

Wills And Trusts: "The Kingdom Of The Fathers", Mary Louise Fellows

Articles

The purpose of my talk today is to use doctrines in wills and trusts law as the yardstick with which to measure the Kingdom of the Fathers. I will show that wills and trusts law has always and 2 continues to operate to preserve and sustain their Kingdom.


The Transformation Of The Juvenile Court, Barry C. Feld Jan 1991

The Transformation Of The Juvenile Court, Barry C. Feld

Articles

Ideological changes in the cultural conception of children and in strategies of social control during the nineteenth century led to the creation of the juvenile court. At the dawn of the twentieth century, Progressive reformers applied the new theories of social control to the new ideas about childhood and created a social welfare alternative to criminal courts to treat criminal and noncriminal misconduct by youth.


Bfoq Revisited: Johnson Controls Halts The Expansion Of The Defense To Intentional Sex Discrimination, Stephen F. Befort Jan 1991

Bfoq Revisited: Johnson Controls Halts The Expansion Of The Defense To Intentional Sex Discrimination, Stephen F. Befort

Articles

The bona fide occupational qualification (BFOQ) is a statutory defense to intentional discrimination under Title VII. 1 The BFOQ defense permits an employer to adopt an otherwise facially discriminatory employment practice if "reasonably necessary to the normal operation of that particular business. . . ." 2 Both the courts and the Equal Employment Opportunity Commission (EEOC) have traditionally interpreted this defense very narrowly. A gender-based employment classification, for example, qualifies as a BFOQ only if the failure to adopt a single-sex policy undermines the employer's ability to accomplish its essential business mission. 3