Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Articles

Discipline
Institution
Keyword
Publication Year
Publication Type
File Type

Articles 7711 - 7740 of 8399

Full-Text Articles in Entire DC Network

Market Power In Antitrust Cases, Richard A. Posner, William M. Landes Jan 1980

Market Power In Antitrust Cases, Richard A. Posner, William M. Landes

Articles

With many antitrust prohibitions, the existence of a violation depends upon whether the defendant possesses sufficient market power. In this Article, Professors Landes and Posner present an economic analysis of market power that provides the necessary foundation for application to particular cases and for formulation of antitrust policy. They use their approach to illuminate the perplexing issues of product and geographical market definition, the measurement of market power arising from mergers and within regulated industries, and the quantification of damages in monopolization and price-fixing cases. Finally, they argue that, despite the novelty of their formulation, it is compatible with the …


The Economics Of Passing On: A Reply To Harris And Sullivan, William M. Landes, Richard A. Posner Jan 1980

The Economics Of Passing On: A Reply To Harris And Sullivan, William M. Landes, Richard A. Posner

Articles

No abstract provided.


Direct Federal Regulation Of Stationary Sources Under The Clean Air Act, David P. Currie Jan 1980

Direct Federal Regulation Of Stationary Sources Under The Clean Air Act, David P. Currie

Articles

No abstract provided.


The Third United Nations Conference On The Law Of The Sea: The Eighth Session (1979), Bernard H. Oxman Jan 1980

The Third United Nations Conference On The Law Of The Sea: The Eighth Session (1979), Bernard H. Oxman

Articles

No abstract provided.


The Weber Case: The Judicial Abrogation Of The Antidiscrimination Standard In Employment, Bernard D. Meltzer Jan 1980

The Weber Case: The Judicial Abrogation Of The Antidiscrimination Standard In Employment, Bernard D. Meltzer

Articles

No abstract provided.


Administrative Rulemaking And Judicial Review: Some Conceptual Models, Daniel J. Gifford Jan 1980

Administrative Rulemaking And Judicial Review: Some Conceptual Models, Daniel J. Gifford

Articles

A number of observers presently believe that much federal rulemaking has become unduly complex, time-consuming, costly, and unwieldly,1 primarily because of the transformation of judicial review of rules promulgated after informal proce- dures into review on the administrative record. Former dean Carl Auerbach, for example, believes that this change in judi- cial review in the last decade has profoundly and adversely af- fected the rulemaking process on the administrative level.2 Auerbach suggests that requiring an agency to prepare a de- fense to all potential challengers of a proposed rule, regardless of the actual number or content of the challenges, imposes …


Goldberg's Forgotten Footnote: Is There A Due Process Right To A Hearing Prior To The Termination Of Welfare Benefits When The Only Issue Raised Is A Question Of Law?, Laura J. Cooper Jan 1980

Goldberg's Forgotten Footnote: Is There A Due Process Right To A Hearing Prior To The Termination Of Welfare Benefits When The Only Issue Raised Is A Question Of Law?, Laura J. Cooper

Articles

The federal government, in two different contexts, is currently reexamining the specific procedural protections that should be afforded welfare recipients who seek to challenge decisions of welfare agencies about their benefits. The Carter Administration and Congress are reviewing welfare hearing procedures as part of their interest in a fundamental reform of welfare programs.' Simultaneously, the Department of Health and Human Services (formerly HEW)2 is considering revision of its regulations governing welfare hearings.3 Both reform efforts propose that welfare benefits be discontinued before a hearing decision is rendered for recipients who challenge the termination of their benefits on the ground that …


The Decision To File Federal Criminal Charges: A Quantitative Study Of Prosecutorial Discretion, Richard Frase Jan 1980

The Decision To File Federal Criminal Charges: A Quantitative Study Of Prosecutorial Discretion, Richard Frase

Articles

No abstract provided.


Machiavelli And The Bar: Ethical Limitations On Lying In Negotiation, James J. White Jan 1980

Machiavelli And The Bar: Ethical Limitations On Lying In Negotiation, James J. White

Articles

Upon the enactment of the Model Rules of Professional Conduct, published ethical norms will for the first time give explicit consideration to the lawyer's behavior in the process of negotiation. Rules 4.1, 4.2, and 4.3 deal with negotiation. Although the Canons, the interpretations of the Canons, and the Disciplinary Rules and Ethical Considerations gave tangential consideration to negotiating, 1 none of the Disciplinary Rules or Ethical Considerations explicitly considered negotiation apart from the process of litigation or counseling. The mere recognition of negotiation as a separate process worthy of unique rules is a large step. The purpose of this paper …


Death: Multiple Definitions Or A Single Standard, Susan L. Brennan, Richard Delgado Jan 1980

Death: Multiple Definitions Or A Single Standard, Susan L. Brennan, Richard Delgado

Articles

No abstract provided.


The Need For Clear Structure In 'Plain Language' Legal Drafting, Layman E. Allen, C. Rudy Engholm Jan 1980

The Need For Clear Structure In 'Plain Language' Legal Drafting, Layman E. Allen, C. Rudy Engholm

Articles

Language is not simple. To pretend otherwise is to mislead. In practice the aspect that is handled most ineptly in written legal materials is the structure. The focus of this article is upon structure and how to improve it. At the outset, let one thing be absolutely clear. In seeking to achieve clarity of expression, those who have no more to recommend than short sentences, simple words, and readability formulas are offering a cracker in circumstances where a full gourmet feast is gleaming in the chef's eye for those with the wit but to ask for the menu. To practice …


The Patentability Of Living Microorganisms: Diamond V. Chakrabarty, Daniel H. Foote Jan 1980

The Patentability Of Living Microorganisms: Diamond V. Chakrabarty, Daniel H. Foote

Articles

Microbiologists have made great advances in modifying gene structures to create new forms of life. In Diamond v. Chakrabarty, the Supreme Court addressed for the first time the patentability of a living microorganism. In a 5-4 decision that has been condemned as heralding the advent of Aldous Huxley's Brave New World, the Court held that the living nature of a microorganism is no bar to patenting it.


Criminal Procedure In Alaska, Jeff M. Feldman Jan 1980

Criminal Procedure In Alaska, Jeff M. Feldman

Articles

Two years ago this review published an article which reviewed search and seizure law in Alaska. Because the local barand bench seem to have found that article to be useful, it appeared worthwhile to put together a similar review of the remainder of Alaska's law of criminal procedure. Like its predecessor, this article will review and analyze the law of criminal procedure in Alaska, isolating those areas in which the Alaska Legislature or the Alaska Supreme Court has departed from the prevailing approach to procedure in criminal cases and predicting probable outcomes to procedural issues still unresolved in Alaska.


Benefits, Costs, And Risks: Oversight Of Health And Environmental Decisionmaking, William H. Rodgers, Jr. Jan 1980

Benefits, Costs, And Risks: Oversight Of Health And Environmental Decisionmaking, William H. Rodgers, Jr.

Articles

This article considers problems of "regulatory reform" in the context of environmental and health decisionmaking. Specifically, in Part I, this article defines cost-benefit analysis, explores its advantages and limitations, and assays cost-benefit practice in light of descriptive theoretical and practical demands of formal decisionmaking within administrative agencies.

The two remaining sections of this article focus on the question of how Congress and the courts can, do, and should structure environmental and health regulation. In Part II, the article explores legislative models for agency consideration of costs and benefits in promulgating regulations. It examines four alternative models, and identifies normative considerations …


To Tell The Truth: Physicians' Duty To Disclose Medical Mistakes, Joan Vogel, Richard Delgado Jan 1980

To Tell The Truth: Physicians' Duty To Disclose Medical Mistakes, Joan Vogel, Richard Delgado

Articles

Discusses the need for a duty to disclose showing that the medical community does not effectively selfregulate in this area Emphasizes the importance of such a duty in light of the inherent inequality between patients and doctors Establishes the plausibility of the duty to disclose in order to enable the patient to take corrective action or sue for redress Outlines the prima facie case for and defenses to an action for breach of the duty to disclose medical errors Anticipates objections to such a duty and responds to them


To Set The Record Straight: The Break-In, The Tapes, The Conspirators, The Pardon, Philip B. Kurland Nov 1979

To Set The Record Straight: The Break-In, The Tapes, The Conspirators, The Pardon, Philip B. Kurland

Articles

No abstract provided.


Crumbling Of The Wills Act: Australians Point The Way, John H. Langbein Aug 1979

Crumbling Of The Wills Act: Australians Point The Way, John H. Langbein

Articles

No abstract provided.


Rewriting Roe V. Wade, Donald H. Regan Aug 1979

Rewriting Roe V. Wade, Donald H. Regan

Articles

Roe v. Wade is one of the most controversial cases the Supreme Court has decided. The result in the case - the establishment of a constitutional right to abortion - was controversial enough. Beyond that, even people who approve of the result have been dissatisfied with the Court's opinion. Others before me have attempted to explain how a better opinion could have been written. It seems to me, however, that the most promising argument in support of the result of Roe has not yet been made. This essay contains my suggestions for "rewriting" Roe v. Wade


Should Indirect Purchasers Have Standing To Sue Under The Antitrust Laws? An Economic Analysis Of The Rule Of Illinois Brick, Richard A. Posner, William M. Landes Jan 1979

Should Indirect Purchasers Have Standing To Sue Under The Antitrust Laws? An Economic Analysis Of The Rule Of Illinois Brick, Richard A. Posner, William M. Landes

Articles

No abstract provided.


The Irrelevance Of The Constitution: The First Amendment's Freedom Of Speech And Freedom Of Press Clauses, Philip B. Kurland Jan 1979

The Irrelevance Of The Constitution: The First Amendment's Freedom Of Speech And Freedom Of Press Clauses, Philip B. Kurland

Articles

No abstract provided.


Privacy, Secrecy, And Reputation, Richard A. Posner Jan 1979

Privacy, Secrecy, And Reputation, Richard A. Posner

Articles

No abstract provided.


Bail Revisited, Hans Zeisel Jan 1979

Bail Revisited, Hans Zeisel

Articles

No abstract provided.


Plea Bargaining And Its History, Albert W. Alschuler Jan 1979

Plea Bargaining And Its History, Albert W. Alschuler

Articles

No abstract provided.


Possession As The Root Of Title, Richard A. Epstein Jan 1979

Possession As The Root Of Title, Richard A. Epstein

Articles

No abstract provided.


Plaintiff's Conduct In Products Liability Actions: Comparative Negligence, Automatic Division And Multiple Parties, Richard A. Epstein Jan 1979

Plaintiff's Conduct In Products Liability Actions: Comparative Negligence, Automatic Division And Multiple Parties, Richard A. Epstein

Articles

No abstract provided.


The Bakke Case And The Future Of 'Affirmative Action', Richard A. Posner Jan 1979

The Bakke Case And The Future Of 'Affirmative Action', Richard A. Posner

Articles

No abstract provided.


Some Uses And Abuses Of Economics In Law, Richard A. Posner Jan 1979

Some Uses And Abuses Of Economics In Law, Richard A. Posner

Articles

No abstract provided.


Tribute: Wilber G. Katz, Edward Hirsch Levi Jan 1979

Tribute: Wilber G. Katz, Edward Hirsch Levi

Articles

No abstract provided.


Relaxation Of Implementation Plans Under The 1977 Clean Air Act Amendments, David P. Currie Jan 1979

Relaxation Of Implementation Plans Under The 1977 Clean Air Act Amendments, David P. Currie

Articles

No abstract provided.


The Mobile-Source Provisions Of The Clean Air Act, David P. Currie Jan 1979

The Mobile-Source Provisions Of The Clean Air Act, David P. Currie

Articles

No abstract provided.