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A Need For Clarity: Toward A New Standard For Preliminary Injunctions, Lea B. Vaughn

Articles

This Article examines the various standards for preliminary injunctions and demonstrates the ways in which the standards have become confused by irrelevant layers of meaning. Those layers of meaning are analyzed; nonfunctional accretions are discarded, and legitimate modem meanings are developed. The discussion is conducted against a background of assumptions about what makes a good standard, for example, accessibility and comprehensiveness. By modernizing the standard, the parties and the courts will frankly and openly discuss the underlying legal issues and values. This, in turn, should lead to more legitimate decisions.

Under a modernized standard, a court should redress immediate pretrial …

Attorney-Client Fee Arbitration: A Dissenting View, Lester Brickman

Articles

No single issue between lawyer and client arises more frequently or generates more public resentment than fee problems. Ethical tenets urge lawyers to resolve fee 4isputes without resort to litigation. Where such procedures exist, attorneys are admonished to submit disputes to arbitration. In several jurisdictions, arbitration has gained endorsement from bar associations as the preferred method of fee dispute resolution.

Justifying The Judge's Hunch: An Essay On Discretion, Charles M. Yablon

Articles

The article explores the interplay between jurisprudential and procedural perspectives on judicial discretion, arguing that these two discourses—often treated as distinct—offer valuable insights into each other. It examines how different models of discretion (skill, expediency, and creativity) operate within institutional frameworks, emphasizing the normative assumptions underlying their justifications. The analysis highlights the tension between rule-bound decision-making and the practical realities of judicial discretion, particularly in sentencing and appellate review.

Justice O'Connor's Opinion In Feist Publications, Inc. V. Rural Telephone Service Co.: An Uncommon Though Characteristic Approach, Marci A. Hamilton

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No abstract provided.

Autonomy, Community, And Traditions Of Liberty: The Contrast Of British And American Privacy Law Notes, Ronald J. Krotoszynski Jr.

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No abstract provided.

Norms And Normal Science: Toward A Critique Of Normativity In Legal Thought, Richard Delgado

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No abstract provided.

John Payne's Dream: A Brief History Of The University Of Alabama - School Of Law Library, 1887-1980, With Emphasis Upon Collection-Building, Paul M. Pruitt Jr., Penny Calhoun Gibson

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No abstract provided.

Contingent Fees Without Contingencies: Hamlet Without The Prince Of Demark?, Lester Brickman

Articles

According to conventional wisdom virtually all contingent fee percentages exceeding fifty percent are illegal and excessive, but most lower percentages are valid. This Article challenges the conventional wisdom, an amalgam of the unassailability of the standard one-third rate, notions of fairness versus price gouging, lawyer effort versus lawyer' reward, and the right of a lawyer to contract freely for a fee. It advances instead two propositions for determining the legitimacy of contingent fees. The first is that for a contingent fee to be valid, there must be an actual contingency, which means a realistic risk of nonrecovery. Though this proposition …

Entering With A Vengeance: Posner On Law And Literature, Richard H. Weisberg

Articles

The article critiques Richard A. Posner's book Law and Literature: A Misunderstood Relation, arguing that while it offers a comprehensive analysis of law-related literature, it reflects Posner's authoritarian bias and dismisses literature's critical potential to challenge legal authority. Posner's approach is seen as overly deductive and dismissive of literary insights that question legal power structures.

Distributed Detection Of A Signal In Generalized Gaussian Noise, R. Viswanathan, Arif Ansari

Articles

The problem of distributed detection of a signal in incompletely specified noise is considered. The noise assumed belongs to the generalized Gaussian family and the sensors in the distributed network employ the Wilcoxon test. The sensors pass the test statistics to a fusion center, where a hypothesis testing results in a decision regarding the presence or the absence of a signal. Three monotone and admissible fusion center tests are formulated. Restricted numerical evaluation over a certain parameter range of the noise distribution and the range of signal level indicates that these tests yield performances at comparable levels.

Interpreting Statutes In The Regulatory State, Cass R. Sunstein

Articles

Discussing the judge's role in interpreting statutes, Justice Holmes wrote that "if my fellow citizens want to go to Hell I will help them. It's my job."' Critics of the view of the courts as passive agents of the legislature claim that it understates the difficulty of interpretation, the indeterminacy of both the language and the will of the citizens, and the resulting discretion of the judge. Similarly, a vigorous debate continues over the proper role of the traditional sources of statutory interpretation - the text, the legislative history, the purpose of the enacting Congress, and the structure of the …

Discovery As Abuse, Frank H. Easterbrook

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No abstract provided.

The Constitution As Architecture: Legislative And Administrative Courts Under Article Iii, Paul M. Bator

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No abstract provided.

The Origins And Historical Understanding Of Free Exercise Of Religion, Michael W. Mcconnell

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No abstract provided.

The Grand Illusion: A Neutral System For The Taxation Of International Transactions, Julie Roin

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No abstract provided.

The Supreme Court And The Jury: Voir Dire, Peremptory Challenges, And The Review Of Jury Verdicts, Albert Alschuler

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No abstract provided.

Parliamentary Law, Majority Decisionmaking, And The Voting Paradox, Saul Levmore

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No abstract provided.

Hegel And Employment At Will: A Comment, Richard A. Posner

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No abstract provided.

Legislation And Its Interpretation: A Primer, Richard A. Posner

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No abstract provided.

Philistinism In Law, Richard A. Posner

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No abstract provided.

Intergovernmental Takings And Just Compensation: A Question Of Federalism, Michael H. Schill

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No abstract provided.

Discriminatory Intent And The Taming Of Brown, David A. Strauss

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No abstract provided.

Race And The Police Power: 1890 To 1937, Richard A. Epstein

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No abstract provided.

Agency And Partnership: A Study Of Breach Of Promise Plaintiffs, Mary I. Coombs

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No abstract provided.

Presentation, After The Independent Counsel Decision: Is Separation Of Powers Dead?, Paul M. Bator

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No abstract provided.

An Essay In Separation Of Powers: Some Early Versions And Practices, Gerhard Casper

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No abstract provided.

The Religion Clauses Of The First Amendment: Where Is The Supreme Court Heading?, Michael W. Mcconnell

Articles

For almost a decade observers have predicted that the Supreme Court would reconsider its approach to interpreting the religion clauses of the first amendment. For some, this was an outcome to be feared; for others, it was to be welcomed. Optimist and pessimist alike, the Court has repeatedly proven them wrong. Once again, the Court appears on the verge of change. Maybe this time it will come to pass.

If doctrinal confusion and incoherence are predictors of doctrinal change, then change is surely on the way. Consider two recent decisions. According to the Supreme Court, the Constitution permits the State …

The High Seas And The International Seabed Area, Bernard H. Oxman

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No abstract provided.

Freedom Of Expression In A Pluralistic Society, James W. Nickel

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No abstract provided.

Panthers And Pinstripes: The Case Of Ezra Pound And Archilbald Macleish, Jean Stefancic, Richard Delgado

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No abstract provided.