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Covenants And Constitutions, Richard A. Epstein

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No abstract provided.

Erisa's Fundamental Contradiction: The Exclusive Benefit Rule, John H. Langbein, Daniel R. Fischel

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No abstract provided.

On (3, K) Ramsey Graphs: Theoretical And Computational Results, Stanislaw Radziszowski, Donald Kreher

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A (3,k,n,e) Ramsey graph is a triangle-free graph on n vertices with e edges and no independent set of size k. Similarly, a (3,k)-, (3,k,n)- or (3,k,n,e)-graph is a (3,k,n,e) Ramsey graph for some nand e. In the first part of the paper we derive an explicit formula for the minimum number of edges in any (3,k,n)graph for n ≤ 3(k-I), i.e. a partial formula for the function e(3,k,n) investigated in [3,5,7]. We prove some general properties of minimum (3,k,n)- graphs with e(3,k,n) edges and present a construction of minimum (3,k+I,3k-I,5k-5)-graphs for k ≥ 2 and minimum (3,k+1,3k,5k)-graphs for k …

Employment At Will: The French Experience As A Basis For Reform, Madeleine M. Plasencia

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Roughly one-quarter of the workers in the United States are represented by unions, leaving three-quarters subject to the vicissitudes of the employment-at-will doctrine.' At-will employees, as a general matter, lack protection against dismissal without cause.2 That is, an employer may dismiss an "at will" employee without notice, "for good reason, bad reason or no reason at all," so long as the proffered reasons for dismissal do not violate random whistle-blowing provisions or federal and state anti-discrimination statutes.' The mirror image of the employer's right to dismiss at will is the right of an employee who was hired to perform work …

Crime In The Stacks, Or A Tale Of A Text: A Feminist Response To A Criminal Law Textbook, Mary I. Coombs

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No abstract provided.

Climbing The Most Dangerous Branch: Legisprudence And The New Legal Process (Book Review), A. Michael Froomkin

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No abstract provided.

Sexual Orientation And The Constitution: A Note On The Relationship Between Due Process And Equal Protection Essays, Cass R. Sunstein

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No abstract provided.

Standing And The Privatization Of Public Law, Cass R. Sunstein

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No abstract provided.

Beyond The Republican Revival, Cass R. Sunstein

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In this Article, Professor Sunstein describes those aspects of republicanism that have the strongest claim to contemporary support, outlines the role of republican thought in the founding period, and explores some of the implications of republicanism for modern public law. Sunstein claims that the basic republican commitments involve (1) deliberation in government; (2) political equality; (3) universality, or agreement as a regulative ideal; and (4) citizenship. Professor Sunstein contends that all of these commitments played an important role during the founding period, generating a distinctive conception of governance. In his view, the common opposition between liberalism and republicanism is a …

Market And Regulatory Approaches To Medical Malpractice: The Virginia Obstetrical No-Fault Statute, Richard A. Epstein

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No abstract provided.

Aids Testing In The Health Care Setting, James D. Holzhauer

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No abstract provided.

Trashing The German Advantage, John H. Langbein

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No abstract provided.

The Twentieth-Century Revolution In Family Wealth Transmission, John H. Langbein

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No abstract provided.

The Right To Life During Armed Conflict: Disabled Peoples' International V. United States, David Weissbrodt, Beth Andrus

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Because of persecution, civil war, and economic despair, millions of people flee from their homes and go to live in other countries where they can stabilize their lives and find a safe place for themselves and their families. In 1998, the United Nations High Commissioner for Refugees estimated the number of people fleeing their home countries to exceed 22 million. 1 The right to seek and enjoy asylum is a well established principle in international law. 2 It has, however, been interpreted consistently as the right of the sovereign state to grant or deny asylum to those within its territory, …

Psychiatric And Chemical Dependency Treatment Of Minors: The Myth Of Voluntary Treatment And The Capacity To Consent, Beverly Balos, Ira Schwartz

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No abstract provided.

Enforcement Of The Domestic Abuse Act In Minnesota: A Preliminary Study, Beverly Balos, Katie Trotzky

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The Minnesota Department of Corrections latest figures esti- mate that over 63,000 incidents of domestic battering occur each year in the state of Minnesota.1 Due to the inefficiencies and gaps in the reporting system, in Minnesota and across the United States, the true magnitude of the problem is difficult to document. Researchers have estimated, however, that over 1.7 million people in the United States have at some time faced a spouse with a gun or a knife, and that well over two million have experienced a beating by their spouse.2 Thus, while accurate documentation is difficult due to the severe …

Lender/Owners And Cercla: Title And Liability, Ann Burkhart

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The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) represents Congress' response to the problem of cleaning up hazardous waste sites. The Act and its related regulations authorize the Environmental Protection Agency (EPA) either to order the responsible parties to contain the hazardous waste on the site or to clean the site and charge the responsible parties for EPA's response costs. An unresolved issue is whether these provisions contemplate holding a lender/owner liable for response costs. In this Article, Professor Burkhart rebuts challenges to lender/owner liability. She begins by scrutinizing the language and legislative history of the liability provisions and …

The Juvenile Court Meets The Principle Of Offense: Punishment, Treatment, And The Difference It Makes, Barry C. Feld

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The United States Supreme Court's decision In re Gault 1 transformed the juvenile court into a very different institution than that envisioned by its Progressive creators. 2 Judicial and legislative efforts to harmonize the juvenile court with Gault's constitutional mandate have modified the purpose, process, and operation of the juvenile justice system. The Progressives envisioned a procedurally informal court with individualized, offender-oriented dispositional practices. The Supreme Court's due process decisions impose procedural formality on the juvenile court's traditional, individualized-treatment sentencing schemes. As the juvenile court system deviates from the Progressive ideal, it increasingly resembles, both procedurally and substantively, the adult …

Discovery In Labor Arbitration, Laura J. Cooper

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The mere statement of the topic, discovery in labor arbitration, suggests a paradox. Is not the essence of the arbitration process an effort to avoid the procedural complexities that make litigation comparatively slow and costly? More than forty years ago, Learned Hand admonished a litigant distressed with the procedural failings of an arbitration proceeding:

The Role Of International Organizations In The Implementation Of Human Rights And Humanitarian Law In Situations Of Armed Conflict, David Weissbrodt

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No abstract provided.

Marine Archaeology And The International Law Of The Sea, Bernard H. Oxman

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No abstract provided.

The Low-Income Housing Tax Credit: A Poor Solution To The Housing Crisis, Janet Stearns

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No abstract provided.

Some Modest Proposals On The Vice-Presidency, Richard D. Friedman

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There are many good things in the Constitution, but the vice-presidency isn't one of them. In Part I of this essay, I will argue that there are three basic problems with the vice-presidency: the method of nomination, the method of election, and the office itself. That just about covers the waterfront.' If we had to do it all over again, we almost certainly would not" create the system we currently have. We cannot undo history, but we do have a very strong incentive to develop a better system of succession to the presidency. Whom we choose as vice-president is a …

Beating Up On Women And Old Men And Other Enormities: A Social Historical Inquiry Into Literary Sources, William I. Miller

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The Icelandic sagas, besides being one of the most impressive literatures existing in any language, preserve detailed accounts of feud and legal action, and describe with intelligence and care the general techniques and strategies of dispute processing. They also contain, incidental to the narrative, information about values and law, marriage and death, householding arrangements and the systems of exchange, naming patterns, and so on, for those who care to coax such information from the texts.

Making Sense Of Modern Jurisprudence: The Paradox Of Positivism And The Challenge For Natural Law, Philip E. Soper

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Karl Llewellyn once said, referring to Roscoe Pound's work m jurisprudence, that it was difficult to tell on what level the writing proceeded: sometimes it seemed to be little more than bedtime stones for a tired bar; at other tunes it appeared to be on the level of the after-dinner speech or a thought provoking essay, neither of which were quite the "considered and buttressed scholarly discussion" that one expected to find. Llewellyn's complaint serves as a warning, though a somewhat ambiguous one, to those who give lectures on jurisprudence.

On the one hand, I do not plan to present …

Rights Discourse And Neonatal Euthanasia, Carl E. Schneider

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Hard cases, they say, make bad law. Hard cases, we know, can also make revealing law. Hard cases identify the problems we have not found a way of solving. They reveal ways the law's goals conflict. They force us to articulate our assumptions and to examine our modes of discourse and reasoning. If there was ever a hard case for the law, it is the question of whether, how, and by whom it should be decided to allow newborn children who are severely retarded mentally or severely damaged physically to die. For many years, the law has not had to …

Promise Fulfilled And Principle Betrayed, James J. White

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My responsibility in this paper is to address three questions. (1) How has the legal realist body of thought affected contract law and its application? (2) How will contract law and its application be affected in the future by realist thinking? (3) If the realist viewpoint were fully accepted, what kind of system would result and how would contract law be affected? Because my focus is upon a principal legislative monument to realism, Article Two of the Uniform Commercial Code (the "U.C.C."), and upon its drafter, Karl Llewellyn, I will not answer any of the three questions explicitly. By focusing …

Deferral To Arbitration And Use Of External Law In Arbitration, Theodore J. St. Antoine

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proper definition of the appropriate roles of arbitrators, administrative agencies and the courts depends in great part on the notion that, generally speaking, in labor relations, the interpretation and application of contracts is for arbitrators, and the interpretation and application of statutes is for the administrative agencies and the courts. Arbitrators deal primarily with contract rights and administrative agencies, like the NLRB and the courts, deal primarily with statutory rights. If that distinction is maintained, the problems of deferral to arbitration and the use of external law in arbitration can be more easily resolved.

Should General Utilities Be Reinstated To Provide Partial Integration Of Corporate And Personal Income—Is Half A Loaf Better Than None?, Douglas A. Kahn

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The General Utilities doctrine is the name given to the now largely defunct tax rule that a corporation does not recognize a gain or a loss on making a liquidating or nonliquidating distribution of an appreciated or depreciated asset to its shareholders. The roots of the doctrine, can be traced to a regulation promulgated in 1919 that denied realization of gain or loss to a corporation when making a liquidating distribution of an asset in kind. No regulatory provision existed which specified the extent to which realization would or would not be triggered by a nonliquidating distribution such as a …

The Decline Of The Contract Market Damage Model, James J. White

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In law school every American lawyer learns that the conventional measure of damages for breach of a sales contract is the difference between the contract price and the market price. Even before these rules were embodied in the Uniform Sales Act and the Uniform Commercial Code (UCC), they were a staple of Anglo-American common law. They remain the rules with which a court would determine damage liability not only for the sale of goods, but also for the sale of real estate and securities.