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Bernie, Gerhard Casper

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No abstract provided.

Government Control Of Information, Cass R. Sunstein

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No abstract provided.

The Role Of The Ninth Circuit In The Development Of The Law Of Attempt To Monopolize, Daniel J. Gifford

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The attempt clause 1 of the Sherman Antitrust Act deals with unilateral behavior which produces or is likely to produce significant anticompetitive consequences. Justice Holmes, in his classic statement of the attempt offense in Swift & Co. v. United States, 2 identified the elements of the offense as the defendant's intent to monopolize and the dangerous probability that the defendant would succeed. In the classic model of the offense, the defendant's intent resolves the ambiguity of the defendant's present behavior by showing that it is instrumental to the forbidden goal of monopolization.

International Legal Action Against Apartheid, David Weissbrodt, Georgina Mahoney

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Apartheid in Southern Africa represents one of the greatest challenges, one of the greatest success stories, and one of the most frustrating defeats of the international human rights movement. This article first introduces international human rights and the in- ternational law of human rights-particularly as they relate to apartheid.Second, the article sketches the work of the Interna- tional Court of Justice, which has rendered three significant human rights decisions concerning Namibia. Having begun to dis- cuss Namibia, the article also examines the work of the Security Council, General Assembly, and other United Nations bodies con- cerning Namibia.

Hostile Share Acquisitions And Corporate Governance: A Framework For Evaluating Antitakeover Activities, John H. Matheson, Jon R. Norberg

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In recent years, there has been a significant increase in the number of hostile share acquisitions of American businesses. The authors examine the validity of the various defensive measures employed by target companies to defeat or deter a hostile takeover bid. They argue that antitakeover activity should not be viewed as a separate subset of legal analysis; rather, it should be analyzed according to four traditional principles of corporate governance: (1) the discretion afforded corporate management by the business judgment rule; (2) the prohibition against discriminating between members of the same class of shareholders; (3) the prohibition against shifting control …

Criminal Procedure In A Conservative Age: A Time To Rediscover The Critical Nonconstitutional Issues, Richard Frase

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Criminal procedure is changing fast these days, but teachers of criminal procedure are not. Most of us have probably given considerable thought to the philosophical and doctrinal significance of the Supreme Court's increasingly conservative approach to constitutional issues, but have we thought about the broader pedagogic and professional implications of this major doctrinal shift? For me. the current conservative trend raises fundamental questions about the kinds of issues we should be addressing in our teaching, research, and public service activities. In particular. we need to start asking ourselves whether our traditional heavy emphasis on constitutional issues (which has been going …

Civil Procedure In Brazil, Keith S. Rosenn

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No abstract provided.

Over The Back Fence: Tax Shelters And Other Sales Of Federal Income Tax Reductions, Thomas A. Robinson

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No abstract provided.

What A Sensible Natural Lawyer And A Sensible Utilitarian Agree About And Disagree About: Comments On Finnis, Donald H. Regan

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Before I start, let me say two things. First of all, to the extent that John Finnis is entering a plea for more attention to what is a relatively neglected tradition (in the narrow his message a hundred percent. And you courd learning about the natural law tradition than by reading his book, Natural Law and Natural Rights. My second introductory observation is that Finnis and I agree about many more things than you might expect if you just think of him as a natural law theorist and me as a utilitarian. I am very eccentric as a utilitarian. He …

Gift, Sale, Payment, Raid: Case Studies In The Negotiation And Classification Of Exchange In Medieval Iceland, William I. Miller

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Near the end of Eyrbyggja saga Porir asks Ospak and his men where they had gotten the goods they were carrying. Ospak said that they had gotten them at Pambardal. "How did you come by them?" said Porir. Ospak answered, "They were not given, they were not paid to me, nor were they sold either." Ospak had earlier that evening raided the house of a farmer called Alf and made away with enough to burden four horses. And this was exactly what he told Porir when he wittily eliminated the other modes of transfer by which he could have acquired …

Dancing On The Edge Of Article 9, James J. White

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Despite the fact that Article 9 is a much more comprehensive personal property security statute than was ever found in American law prior to its enactment, cases continue to present issues on the scope of the Article. Gone are the cases in which a court was called upon to determine whether a "conditional sales contract" could be dealt with under the "factor's lien" law; it is now clear that all such personal property security devices are governed by Article 9. Yet many problems remain for the unwary lawyer. I will identify several and deal in detail with three of these …

Alternative Methodologies In Contemporary Jurisprudence: Comments On Dworkin, Philip E. Soper

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I have two brief points to make. Both involve recent developments in jurisprudence, by which I mean by and large the subject that Ronald Dworkin has just been discussing. Indeed, the first point is little more than an acknowledgement of the debt that is owed to Dworkin, not only for his specific contributions to this field, but for the implications of his work for law teaching generally.

Judicial Criticism, James Boyd White

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Today I shall talk about the criticism of judicial opinions, especially of constitutional opinions. This may at first seem to have rather little to do with our larger topic, "The Constitution and Human Values," but I hope that by the end I will be seen to be talking about that subject too. In fact I hope to show that in what I call our "criticism" our "values" are defined and made actual in most important ways.

Error Behind The Plate And In The Law, Richard O. Lempert

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Casey Stengel, the great manager of the New York Yankees, and later the New York Mets, once dreamed, or so he said, that he had died and gone to heaven. The Lord greeted him personally as he walked through the Pearly Gates. "Casey," he said, "I'm so glad you're here. I want you to form a baseball team." Casey looked around him. He saw Babe Ruth, Lou Gehrig, Ty Cobb, Tris Speaker, Christy Mathewson, Walter Johnson, Grover Cleveland Alexander, and others-all of baseball's immortals-and he said, "I'll see what I can do." Obviously, one can do a lot with such …

The Twelve-Person, Unanimous Jury: Does It Have More Than History To Recommend It?, Richard O. Lempert

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My focus today will be on the twelve-person unanimous jury and on the contrasts between such juries and six-person juries or twelve-person juries than can return verdicts by ten-two or nine-three votes. Until about fifteen years ago, it appeared that the sixth and seventh amendments required all federal juries to have twelve members who reached unanimous verdicts, and it appeared possible that the Supreme Court would force the states to conform to the federal standards. Instead, the court did almost the opposite. It sanctioned juries as small as size six in state criminal cases and federal civil cases, and it …

General Principles Of Civil Law Of The People's Republic Of China (Translation), Whitmore Gray, Henry R. Zheng

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(Adopted April 12, 1986, at the Fourth Session of the Sixth National People's Congress, to take effect on January 1, 1987.)'

The Supreme Court And State Protectionism: Making Sense Of The Dormant Commerce Clause, Donald H. Regan

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For almost fifty years, scholars have urged the Court to "balance" in dormant commerce clause cases; and the scholars have imagined that the Court was following their advice. The Court has indeed claimed to balance, winning scholarly approval. But the Court knows better than the scholars. Despite what the Court has said, it has not been balancing. It has been following a simpler and better-justified course. In the central area of dormant commerce clause jurisprudence, comprising what I shall call "movement-of-goods" cases), the Court has been concerned exclusively with preventing states from engaging in purposeful economic protectionism. Not only is …

The Drafting Process For Cabinet Bills, Daniel H. Foote

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I have undertaken this article in hope that it may be of some help in promoting public understanding of the actual manner of review by the Cabinet Legislation Bureau-one step in the drafting process for legislation introduced by the Cabinet-and of the diligent efforts of the r��presentatives of the various ministries with whom we regularly come into contact. It goes without saying that the views and explanations contained herein, along with any inadequacies or inaccuracies in this account, are solely the responsibility of this author.

Beacon Light: August 1985, St. Cloud Hospital

Articles

• Lifeline program provides "peace of mind" for subscriber
• Credit Union offers many services to members
• A look back at 1984-85
• List of donors
• Commentary from John Frobenius on the hospital's new affiliation with the affiliated as a partner with the Voluntary Hospitals of America (VHA)
• Dr. Hans Engman and Robert J. Obermiller appointed to the Board of Trustees
• No room-rate increase expected during '85-'86 fiscal year

Land Mobile Radio Systems - A Tutorial Exposition, S. C. Gupta, R. Viswanathan, R. Muammar

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An in-depth tutorial on land mobile radio systems

Statistics In The Courtroom: Building On Rubinfeld, Richard O. Lempert

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As the use of statistics in litigation has burgeoned and as more complicated statistical techniques have entered the courtroom, concern for the way courts use statistics has mounted and efforts to instruct lawyers and judges on the wise use of statistics have begun. Professor Rubinfeld's paper is a contribution toward this end. Two ideas at the core of this paper are particularly important if we are to develop a more satisfactory approach to the use of statistics in the courtroom. The first is Professor Rubinfeld's caution against the talismanic use of the .05 level of significances as a test of …

The 'Legalization' Of The Family: Toward A Policy Of Supportive Neutrality, David L. Chambers

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The word "legalization" has conflicting meanings. One, intended to sound the theme of this conference, conveys the notion of government regulation permeating some area of human activity. The other-as found, for example, in the phrase "the legalization of marijuana"-is a near opposite: the process of making legal or permissible that which. was previously forbidden, taking government out of that which it had previously controlled. The recent history of government's relationship to the family amply displays both sorts of legalization, both government's intrusion and its withdrawal, and reveals a paradoxical relation between the two-that as government frees people to live their …

Freedom From Freedom Of Contract: The Enduring Value Of Servitude Restrictions, Stewart E. Sterk

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The article examines the legal and policy implications of enforcing contractual servitudes that bind successors-in-interest to land, arguing that unrestricted enforcement could lead to significant externalities and transaction costs. While Richard Epstein advocates for maximal contractual freedom, the analysis highlights the need for doctrinal limitations to protect future generations and public interests. The article critiques existing doctrines like the touch and concern requirement, changed conditions doctrine, and durational limitations, proposing reforms to balance private autonomy with broader societal concerns.

Nonparametric Receiver For Fh-Mfsk Mobile Radio, R. Viswanathan, S. C. Gupta

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Various parametric receivers such as the maximum likelihood and the hard-limiter have been analyzed for their performance in decoding the frequency hopped multilevel FSK (FH-MFSK) messages in mobile environment. Here, some nonparametric receivers such as the maximum rank sum receiver (MRSR) and the reduced rank sum receiver (RRR) are considered. RRR and MRSR are nearly identical in performance, but the former is much simpler to implement. The results indicate that RRR is a competing alternative to the parametric receivers.

Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William Wilson Bratton

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No abstract provided.

Positive And Normative Elements In Legal Education, Richard A. Epstein

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No abstract provided.

Two Fallacies In The Law Of Joint Torts, Richard A. Epstein

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No abstract provided.

Wrongful Possession Of Chattels: Hornbook Law And Case Law, Richard H. Helmholz

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No abstract provided.

Mediation With A Mugger: The Shortage Of Adjudicative Services And The Need For A Two-Tier Trial System In Civil Cases, Albert W. Alschuler

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No abstract provided.

The German Advantage In Civil Procedure, John H. Langbein

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No abstract provided.