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Dividend Distribution Proposals: The Dividends Received Deductions By Corporations And Related Matters Proceedings Of The University Of San Diego Corporate Tax Conference, Walter J. Blum, Howard G. Krane, Lawrence M. Stone Jan 1985

Dividend Distribution Proposals: The Dividends Received Deductions By Corporations And Related Matters Proceedings Of The University Of San Diego Corporate Tax Conference, Walter J. Blum, Howard G. Krane, Lawrence M. Stone

Articles

No abstract provided.


Fraudulent Conveyance Law And Its Proper Domain, Douglas G. Baird, Thomas H. Jackson Jan 1985

Fraudulent Conveyance Law And Its Proper Domain, Douglas G. Baird, Thomas H. Jackson

Articles

No abstract provided.


Book Review (Reviewing Kenneth Pennington, Pope And Bishops: The Papal Monarchy In The Twelfth And Thirteenth Centuries (1984)), Richard H. Helmholz Jan 1985

Book Review (Reviewing Kenneth Pennington, Pope And Bishops: The Papal Monarchy In The Twelfth And Thirteenth Centuries (1984)), Richard H. Helmholz

Articles

No abstract provided.


Limited Liability And The Corporation, Frank H. Easterbrook, Daniel R. Fischel Jan 1985

Limited Liability And The Corporation, Frank H. Easterbrook, Daniel R. Fischel

Articles

Limited liability is a fundamental principle of corporate law. Yet liability has never been absolutely limited. Courts occasionally allow creditors to "pierce the corporate veil," which means that shareholders must satisfy creditors' claims. "Piercing" seems to happen freakishly. Like lightning, it is rare, severe, and unprincipled. There is a consensus that the whole area of limited liability, and conversely of piercing the corporate veil, is among the most confusing in corporate law.1 We argue to the contrary that economic analysis-in particular the theory of the firm and the economics of insurance-explains the legal treatment of limited liability. Both the rules …


Optimal Damages In Securities Cases, Frank H. Easterbrook, Daniel R. Fischel Jan 1985

Optimal Damages In Securities Cases, Frank H. Easterbrook, Daniel R. Fischel

Articles

No abstract provided.


Close Corporations And Agency Costs, Frank H. Easterbrook, Daniel R. Fischel Jan 1985

Close Corporations And Agency Costs, Frank H. Easterbrook, Daniel R. Fischel

Articles

No abstract provided.


The Appraisal Remedy And The Goals Of Corporate Law, Saul Levmore, Hideki Kanda Jan 1985

The Appraisal Remedy And The Goals Of Corporate Law, Saul Levmore, Hideki Kanda

Articles

No abstract provided.


Wealth Maximization Revisited, Richard A. Posner Jan 1985

Wealth Maximization Revisited, Richard A. Posner

Articles

No abstract provided.


An Economic Theory Of The Criminal Law, Richard A. Posner Jan 1985

An Economic Theory Of The Criminal Law, Richard A. Posner

Articles

No abstract provided.


Law And The Theory Of Finance: Some Intersections, Richard A. Posner Jan 1985

Law And The Theory Of Finance: Some Intersections, Richard A. Posner

Articles

No abstract provided.


The Constitution As Mirror: Tribe's Constitutional Choices (Reviewing Laurence H. Tribe, Constitutional Choices (1985)), Richard A. Posner Jan 1985

The Constitution As Mirror: Tribe's Constitutional Choices (Reviewing Laurence H. Tribe, Constitutional Choices (1985)), Richard A. Posner

Articles

No abstract provided.


The Historical Origins And Economic Structures Of Workers' Compensation Law, Richard A. Epstein Jan 1985

The Historical Origins And Economic Structures Of Workers' Compensation Law, Richard A. Epstein

Articles

No abstract provided.


Getting Beyond Discrimination: A Regulatory Solution To The Problem Of Fetal Hazards In The Workplace, Emily Buss Jan 1985

Getting Beyond Discrimination: A Regulatory Solution To The Problem Of Fetal Hazards In The Workplace, Emily Buss

Articles

No abstract provided.


The Constitution In The Supreme Court: 1910-1921, David P. Currie Jan 1985

The Constitution In The Supreme Court: 1910-1921, David P. Currie

Articles

No abstract provided.


The Constitution In The Supreme Court: Full Faith And The Bill Of Rights, 1889-1910, David P. Currie Jan 1985

The Constitution In The Supreme Court: Full Faith And The Bill Of Rights, 1889-1910, David P. Currie

Articles

No abstract provided.


The Constitution In The Supreme Court: Full Faith And The Bill Of Rights, 1889-1910, David P. Currie Jan 1985

The Constitution In The Supreme Court: Full Faith And The Bill Of Rights, 1889-1910, David P. Currie

Articles

No abstract provided.


The Constitutional Organization Of The Government, Gerhard Casper Jan 1985

The Constitutional Organization Of The Government, Gerhard Casper

Articles

No abstract provided.


Vertical Agreements Under Section 1 Of The Sherman Act: Results In Search Of Reasons, Mark Anderson Jan 1985

Vertical Agreements Under Section 1 Of The Sherman Act: Results In Search Of Reasons, Mark Anderson

Articles

The application of section 1 of the Sherman Act to resale restrictions imposed by a supplier of goods requires an analysis of whether such restrictions result from an agreement and, if so, the standard applicable to the restriction. Each of these issues is a source of continuing controversy. The present position of the United States Supreme Court on the agreement issue is a product of two inappropriate influences. First, the Court has attempted to accommodate disparate interests reflected in the debate over the standards that should be applied once an agreement is proven. Second, the Court has resurrected the Colgate …


Reviewing Agency Inaction After Heckler V. Chaney, Cass R. Sunstein Jan 1985

Reviewing Agency Inaction After Heckler V. Chaney, Cass R. Sunstein

Articles

No abstract provided.


The Original Understanding Of The Freedom Of The Press Provision Of The First Amendment, Philip B. Kurland Jan 1985

The Original Understanding Of The Freedom Of The Press Provision Of The First Amendment, Philip B. Kurland

Articles

No abstract provided.


Defining The Limits Of Crime Control And Due Process, Richard Frase Jan 1985

Defining The Limits Of Crime Control And Due Process, Richard Frase

Articles

In his latest book, Hans Zeisel argues that "law enforcement, important and essential as it is, cannot by itself significantly reduce crime" (p. 15). Thus, he concludes, we should redirect our efforts toward general prevention, starting with improvements in ghetto schools. Zeisel's thesis is supported by data from his study of the disposition of felony arrests in New York City 1 and is supplemented by his assessment of the results of recent criminal justice research in other jurisdictions. Zeisel, a pioneer in the application of social science research methods to issues of law and public policy, 2 presents a wealth …


Custody Investigation In Divorce Cases: The New York Law Revision Commission Proposal In Perspective, Robert Levy Jan 1985

Custody Investigation In Divorce Cases: The New York Law Revision Commission Proposal In Perspective, Robert Levy

Articles

No abstract provided.


Beyond Promissory Estoppel: Contract Law And The "Invisible Handshake", Daniel A. Farber, John Matheson Jan 1985

Beyond Promissory Estoppel: Contract Law And The "Invisible Handshake", Daniel A. Farber, John Matheson

Articles

No abstract provided.


The History Of Statutory Interpretation: A Study In Form And Substance, William S. Blatt Jan 1985

The History Of Statutory Interpretation: A Study In Form And Substance, William S. Blatt

Articles

No abstract provided.


Teaching An Old Dog Old Tricks: Coppage V. Kansas And At-Will Employment Revisited, Kenneth M. Casebeer Jan 1985

Teaching An Old Dog Old Tricks: Coppage V. Kansas And At-Will Employment Revisited, Kenneth M. Casebeer

Articles

No abstract provided.


Disparate Tax Treatment Of Different Types Of Business Organizations: Where Should We Go From Here?, Douglas A. Kahn Jan 1985

Disparate Tax Treatment Of Different Types Of Business Organizations: Where Should We Go From Here?, Douglas A. Kahn

Articles

If several persons wish to join together in a common enterprise in order to pool their capital or labor or some of each, they may choose among a variety of available organizational structures that will serve that purpose. The most common entity forms are partnerships (including joint ventures), corporations, and trusts. While, in its typical structure, each of those entity forms has its own distinct characteristics, the structure of such organizations often is modified by agreement so as to adopt attributes of another type of entity. Because of this, the substantive distinction between entity types is blurred.


Preparation Of The Multistate Bar Examination: One Drafting Committee's Perspective, John W. Reed Jan 1985

Preparation Of The Multistate Bar Examination: One Drafting Committee's Perspective, John W. Reed

Articles

One who wants to know how the Multistate Bar Examination is created should begin by learning how the drafting committees work. My assignment is to describe the work of one of those committees: the Evidence Committee. Though there are differences among the six committees, they mostly are ones of style, and to learn how to operate in the evidence group is to understand the process generally.


On The Social Significance Of Large Law Firm Practice, Robert A. Kagan, Robert E. Rosen Jan 1985

On The Social Significance Of Large Law Firm Practice, Robert A. Kagan, Robert E. Rosen

Articles

No abstract provided.


James A. Martin: A Man Of Grand Strengths, Delightful Foibles, James J. White Jan 1985

James A. Martin: A Man Of Grand Strengths, Delightful Foibles, James J. White

Articles

Jim Martin was my student, my colleague, and my close friend. His was a mind of independent ideas and uncommon sharpness. He was a scholar of national reputation, not just in one subject, but in three. Books that he authored or co-authored in Conflict of Laws, Civil Procedure, and Commercial Law are used in courses from coast to coast. He was a principal draftsman of a new statute, the Uniform Personal Property Leasing Act, that will soon be proposed for adoption in every state of the United States. He was a drafter of and a commentator on the Michigan Court …


The Un-Easy Case For Technological Optimism, James E. Krier, Clayton P. Gillette Jan 1985

The Un-Easy Case For Technological Optimism, James E. Krier, Clayton P. Gillette

Articles

"Technological optimism" is a term of art, an article of faith, and a theory of politics. It is a view that pervades modem attitudes, yet gets little explicit attention. For a brief period the situation was otherwise. In the early 1970s, the optimistic outlook figured prominently in an important debate about nothing less than the future of the world. Technological optimism won. The outcome was unsurprising, given the nature of the argument. On one side of the debate was a group of self-proclaimed Malthusians who foresaw an impending period of stark scarcity unless relatively drastic remedial steps were quickly taken; …