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Corporate Reorganizations And The Treatment Of Diverse Ownership Interests: A Comment On Adequate Protection Of Secured Creditors In Bankruptcy, Douglas G. Baird, Thomas H. Jackson

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No abstract provided.

Managers' Discretion And Investors' Welfare: Theories And Evidence, Frank H. Easterbrook

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No abstract provided.

Do Targets Gain From Defeating Tender Offers?, Frank H. Easterbrook, Gregg A. Jarrell

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Do shareholders benefit from management decisions to resist tender oJfers? Professor Easterbrook and Mr. Jarrell think the evidence is unequivocal They cite three recent studies of post-offer movements in the prices of target stocks which show that successful defensive tactics by management have deprived target shareholders of appreciation gains worth between fifteen and fifty-two percent of the value of targets hares. They then introduce the results of their own more conventional study: had these gains been realized and reinvested in equity securities, shareholders would have fared considerably better during the past decade. The authors argue that a similar study by …

Mandatory Disclosure And The Protection Of Investors, Frank H. Easterbrook, Daniel R. Fischel

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No abstract provided.

Efficient Markets And Puzzling Intermediaries, Saul Levmore

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O.T. 1983 And The Era Of Aggressive Majoritarianism: A Court In Transition, Geoffrey R. Stone

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The Constitution In The Supreme Court: Limitations On State Power, 1865-1873, David P. Currie

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The Constitution In The Supreme Court: Limitations On State Power, 1865-1873, David P. Currie

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No abstract provided.

Insider Trading And Investment Analysts: An Economic Analysis Of Dirks V. Securities And Exchange Commission, Daniel R. Fischel

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The Interpretation Of Contracts Governing Corporate Debt Relationships, William Wilson Bratton

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Naked Preferences And The Constitution, Cass R. Sunstein

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Rights, Minimal Terms, And Solidarity: A Comment, Cass R. Sunstein

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Comparable Worth In Antidiscrimination Legislation: A Reply To Freed And Polsby, Mary E. Becker

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The Equal Credit Opportunity Act: A Functional Failure, John H. Matheson

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The Equal Credit Opportunity Act was enacted in 1974 as (1) a consumer protection statute designed to provide accurate information to and about consumers involved in credit transactions, and (2) an antidiscrimination statute designed to shield protected classes of consumers from discrimination in the granting of credit. The Federal Reserve Board promulgated regulations to further these statutory goals. Congress intended that the Act would be enforced through both private litigation and public compliance programs. Few private lawsuits have been brought under the Act, however, and public enforcement efforts have neither checked credit discrimination nor halted perpetuation of prior discrimination. Professor …

Criminalizing Juvenile Justice: Rules Of Procedure For The Juvenile Court, Barry C. Feld

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The 1967 United States Supreme Court decision In re Gault 1 precipitated a procedural revolution that has transformed the juvenile court into a legal institution very different from that envisioned by its Progressive creators. 2 In the years since Gault, states have struggled to bring the administration of their juvenile courts into harmony with the requirements of the Constitution, 3 aided by professional commentary and the continuing evolution of juvenile procedural due process requirements.

The Issuer's Paper: Property Or What? Zero Basis And Other Income Tax Mysteries, Elliott Manning

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Normative Judgment, Social Change, And Legal Reasoning In The Context Of Abortion And Privacy, Stephen J. Schnably

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The Felony-Murder Rule: A Doctrine At Constitutional Crossroads, Nelson E. Roth, Scott E. Sundby

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Efficiency Justifications For Personal Property Security, James J. White

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In February of 1983 Pan American World Airways issued 100 million dollars of convertible secured notes. As security for these notes it put up three Boeing 747 SP aircraft, two 747-100 aircraft, and one McDonnell Douglas DC10-30. The appraised value of these aircraft was 157 million dollars. To the extent possible under the law, Pan American made these aircraft subject to the claims of the owners of the new notes. On default, the note holders would have the first claim on these aircraft, would have the right to repossess them outside of bankruptcy, and would have the right to the …

The Force Of Irony: On The Morality Of Affirmative Action And United Steelworkers V. Weber, Richard O. Lempert

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In recent years, affirmative action has posed difficult problems not only for courts and legislatures but also for individuals who puzzle over what is just. The claims made both by the proponents of programs that establish preferences on the basis of race and by their staunch opponents have an intuitive appeal. The slave society that preceded the Civil War and the Jim Crow era that endured for a century afterward are a shameful legacy for a nation that seeks to define itself in terms of justice and freedom. The proportionate underrepresentation of black people in positions of power and privilege …

The Regime Of Warships Under The United Nations Convention On The Law Of The Sea, Bernard H. Oxman

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Inequality From The Top: Applying An Ancient Prohibition To An Emerging Problem Of Distributive Justice, Richard Delgado

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Legal Theory And The Obligation To Obey, Philip E. Soper

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Contributions to this symposium will undoubtedly share, with other recent discussions of the issue, the assumption that one does not need to decide what law is before deciding whether there is an obligation to obey it. More precisely, the assumption seems to be that our ordinary, pre-analytic understanding of "law" provides a completely adequate base for discussions about law's moral authority. The more refined disputes about the nature of law that dominate analytical jurisprudence can thus be ignored.

Timing As Jurisdiction: Federal Civil Appeals In Context, Edward H. Cooper

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The purpose of these few pages is to show that the calculus of appeal timing is inherently complex. If we are to continue the effort to capture the calculus in rules, the rules will be correspondingly complex. The complex rules will have some virtues; nonetheless, the rules also are likely to generate misunderstanding and may tend to produce undesirable results. It is very tempting to replace the rules with a flexible system that relies largely on discretion to determine the occasions for appeal before a truly final judgment. Whether a flexible system has now become appropriate depends on the same …

The Washington Environmental Policy Act, William H. Rodgers, Jr.

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As the Washington State Environmental Policy Act of 1971 (SEPA)'approaches its fourteenth birthday, the time is ripe for an assessment of its recent history and foreseeable future. Several SEPA milestones have come and gone in the last several months, and a period of stability is in order. Reported Washington decisions citing SEPA now number close to one hundred; more than fifty of these are decisions of the Washington Supreme Court.

The books are closed on the two-year efforts of the Washington Commission on Environmental Policy (the SEPA Commission), whose work culminated in a report to the 1983 Legislature. There was …

Jewish Divorce: Judicial Misconceptions And Possible Means Of Civil Enforcement, J. David Bleich

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No abstract provided.

Transfer Taxation Without Transfer: Reflections On Employer-Provided Death Benefits, Section 2039, Disclaimers, New Forms Of Wealth, And The Evolution Of The Federal Estate Tax, Edward A. Zelinsky

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Government Liability For Unconstitutional Land Use Regulation, Stewart E. Sterk

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The article examines whether the Constitution requires a damage remedy for unconstitutional land use ordinances and analyzes the policy implications of such a remedy. It argues that while awarding damages can compensate victims and influence behavior, the threat of liability may discourage useful government action. The author concludes that municipal damage liability for unconstitutional land use ordinances is generally unwise, except when the ordinance results from bad faith or deliberate obstruction of constitutional rights.

Fact, Norm, And Standard Of Review - The Case Of Homosexuality Symposium: The Legal System And Homosexuality - Approbation, Accommodation, Or Reprobation, Richard Delgado

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No abstract provided.

When Religious Exercise Is Not Free: Deprogramming And The Constitutional Status Of Coercively Induced Belief, Richard Delgado

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No abstract provided.