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

Articles 3181 - 3210 of 3912

Full-Text Articles in Entire DC Network

Law And Literature: 'No Manifesto', James Boyd White Jan 1988

Law And Literature: 'No Manifesto', James Boyd White

Articles

With what hopes and expectations should a lawyer turn to the reading of imaginative literature? To books and articles that purport to connect that literature in some way with the law? In particular, is "law and literature" -to which this Symposium is directed-to be thought of as an academic "field" like law and psychiatry, say, or law and economics? If so, what can it purport to teach us? If not, how is it to be thought of?


Promise Fulfilled And Principle Betrayed, James J. White Jan 1988

Promise Fulfilled And Principle Betrayed, James J. White

Articles

My responsibility in this paper is to address three questions. (1) How has the legal realist body of thought affected contract law and its application? (2) How will contract law and its application be affected in the future by realist thinking? (3) If the realist viewpoint were fully accepted, what kind of system would result and how would contract law be affected? Because my focus is upon a principal legislative monument to realism, Article Two of the Uniform Commercial Code (the "U.C.C."), and upon its drafter, Karl Llewellyn, I will not answer any of the three questions explicitly. By focusing …


The Decline Of The Contract Market Damage Model, James J. White Jan 1988

The Decline Of The Contract Market Damage Model, James J. White

Articles

In law school every American lawyer learns that the conventional measure of damages for breach of a sales contract is the difference between the contract price and the market price. Even before these rules were embodied in the Uniform Sales Act and the Uniform Commercial Code (UCC), they were a staple of Anglo-American common law. They remain the rules with which a court would determine damage liability not only for the sale of goods, but also for the sale of real estate and securities.


The Separation Of Banking And Commerce Reconsidered, Stephen K. Halpert Jan 1988

The Separation Of Banking And Commerce Reconsidered, Stephen K. Halpert

Articles

No abstract provided.


Projection Crystallography, Alan Pomplun Jan 1988

Projection Crystallography, Alan Pomplun

Articles

The birefringent properties of many crystalline substances can create vivid collages when combined with polarized illumination. High magnification photographs of these patterns can be produced simply without the use of a microscope or other expensive equipment. The technique involves projecting an enlarged crystal pattern with a condenser enlarger onto 35mm film.


Becket At The Bar--The Conflicting Obligations Of The Solicitor General, Eric Schnapper Jan 1988

Becket At The Bar--The Conflicting Obligations Of The Solicitor General, Eric Schnapper

Articles

This Article suggests that the Solicitor General has five quite distinct responsibilities: to provide the Supreme Court with accurate and balanced information, to help to shape the Court's docket, to assure that the government's presentations maintain a high level of professionalism, to frame government positions which strike an appropriate balance between justice and advocacy, and to identify the interests and policies of the government client whom he represents. These responsibilities at times place the Solicitor General under conflicting obligations, not merely conflicts between his or her duties to the Court and to the administration, but conflicts in the Solicitor General's …


Storytelling For Oppositionists And Others: A Plea For Narrative Legal Storytelling, Richard Delgado Jan 1988

Storytelling For Oppositionists And Others: A Plea For Narrative Legal Storytelling, Richard Delgado

Articles

No abstract provided.


Proprietary Rights And The Norms Of Science In Biotechnology Research, Rebecca S. Eisenberg Dec 1987

Proprietary Rights And The Norms Of Science In Biotechnology Research, Rebecca S. Eisenberg

Articles

As basic research in biotechnology yields increasing commercial applications, scientists and their research sponsors have become more eager to protect the commercial value of research discoveries through intellectual property law. Some scientists fear that these commercial incentives will weaken or even undermine the norms that have traditionally governed scientific research. In this Article, Professor Eisenberg examines the interaction of proprietary rights in inventions with these traditional scientific norms. Trade secrecy, she argues, is an undesirable strategy for protection of basic research discoveries because it impedes dissemination of new knowledge to the scientific community. She finds that patent law is in …


The American Advantage: The Value Of Inefficient Litigation, Samuel R. Gross Feb 1987

The American Advantage: The Value Of Inefficient Litigation, Samuel R. Gross

Articles

In a recent article, The German Advantage in Civil Procedure,1 Professor John Langbein claims that the German system of civil litigation is superior to the American; in an earlier article he makes a parallel claim about German criminal procedure.2 Roughly, Professor Langbein argues that by comparison to the German process, American litigation is overly complex, expensive, slow, and unpredictable - in short, inefficient.3 Professor Langbein is not the first and will not be the last to criticize American legal institutions in these terms, but he expresses this criticism particularly well: he is concise and concrete, he describes American practice by …


Beyond The Rule Of Law: Civic Virtue And Constitutional Structure, Richard A. Epstein Jan 1987

Beyond The Rule Of Law: Civic Virtue And Constitutional Structure, Richard A. Epstein

Articles

No abstract provided.


The Proper Scope Of The Commerce Power, Richard A. Epstein Jan 1987

The Proper Scope Of The Commerce Power, Richard A. Epstein

Articles

No abstract provided.


Redesigning The Spouse's Forced Share, John H. Langbein, Lawrence W. Waggoner Jan 1987

Redesigning The Spouse's Forced Share, John H. Langbein, Lawrence W. Waggoner

Articles

This article discusses the history of the forced share, the justifications for it, and the uneven fit between the rule and the objectives, then proposes a new approach that would meet the objectives.


The Constitution In The Supreme Court: Civil Rights And Liberties, 1930-1941, David P. Currie Jan 1987

The Constitution In The Supreme Court: Civil Rights And Liberties, 1930-1941, David P. Currie

Articles

This is the latest in Professor Currie's continuing series on the historical development of constitutional doctrine. In this article Professor Currie surveys the major decisions of the Supreme Court between 1930 and 1941 in the area of criminal procedure, civil rights and civil liberties. In the area of criminal procedure, Professor Currie concludes that in deciding what procedures were required or forbidden by due process, historical inquiry was displaced by a fundamental-rights test. In the area of civil liberties, Professor Currie concludes that the Court made modest progress. Finally, Professor Currie concludes that the Court's most important civil liberties work …


The Decline Of Law As An Autonomous Discipline: 1962-1987, Richard A. Posner Jan 1987

The Decline Of Law As An Autonomous Discipline: 1962-1987, Richard A. Posner

Articles

No abstract provided.


Excusing Harmless Errors In The Execution Of Wills: A Report On Australia's Tranquil Revolution In Probate Law, John H. Langbein Jan 1987

Excusing Harmless Errors In The Execution Of Wills: A Report On Australia's Tranquil Revolution In Probate Law, John H. Langbein

Articles

No abstract provided.


Preventive Pretrial Detention And The Failure Of Interest-Balancing Approaches To Due Process, Albert W. Alschuler Jan 1987

Preventive Pretrial Detention And The Failure Of Interest-Balancing Approaches To Due Process, Albert W. Alschuler

Articles

No abstract provided.


The Constitution In The Supreme Court: The Preferred-Position Debate, 1941-1946, David P. Currie Jan 1987

The Constitution In The Supreme Court: The Preferred-Position Debate, 1941-1946, David P. Currie

Articles

No abstract provided.


Judicial Review Of Administrative Action In A Conservative Era, Cass R. Sunstein, Alan B. Morrison, Kenneth W. Starr, Richard K. Willard Jan 1987

Judicial Review Of Administrative Action In A Conservative Era, Cass R. Sunstein, Alan B. Morrison, Kenneth W. Starr, Richard K. Willard

Articles

No abstract provided.


Judicial Review Revisited: Original Intent And The Common Will, Philip B. Kurland Jan 1987

Judicial Review Revisited: Original Intent And The Common Will, Philip B. Kurland

Articles

No abstract provided.


Religion And The Constitution: Eternal Hostility Against Every Form Of Tyranny Over The Mind Of Man Address, Philip B. Kurland Jan 1987

Religion And The Constitution: Eternal Hostility Against Every Form Of Tyranny Over The Mind Of Man Address, Philip B. Kurland

Articles

No abstract provided.


The Constitution: The Framers' Intent, The Present And The Future, Philip B. Kurland Jan 1987

The Constitution: The Framers' Intent, The Present And The Future, Philip B. Kurland

Articles

No abstract provided.


From Billy Budd To Buchenwald (Reviewing Weisberg, Richard H., The Failure Of The Word: The Protagonist As Lawyer In Modern Fiction (1984)), Richard A. Posner Jan 1987

From Billy Budd To Buchenwald (Reviewing Weisberg, Richard H., The Failure Of The Word: The Protagonist As Lawyer In Modern Fiction (1984)), Richard A. Posner

Articles

No abstract provided.


Freeing Mortgages Of Merger, Ann Burkhart Jan 1987

Freeing Mortgages Of Merger, Ann Burkhart

Articles

No abstract provided.


The Antinomies Of Poverty Law And A Theory Of Dialogic Empowerment, Anthony V. Alfieri Jan 1987

The Antinomies Of Poverty Law And A Theory Of Dialogic Empowerment, Anthony V. Alfieri

Articles

No abstract provided.


The Twilight Of Employment At Will? An Update, Theodore J. St. Antoine Jan 1987

The Twilight Of Employment At Will? An Update, Theodore J. St. Antoine

Articles

A 55-year-old white male, who has spent thirty years working his way up to a responsible middle-management position in his company, is asked for his resignation. No reason given. Even though the employee could demonstrate that he still is qualified to perform his duties, the employer's action in dismissing him would be quite unexceptionable under the conventional American common law doctrine of employment at will. The situation could be even more disturbing. If the employment-at-will principle were allowed its full scope, an employee would have no recourse even if he knew he was being discharged because he had refused to …


Intellectual Integration, James Boyd White Jan 1987

Intellectual Integration, James Boyd White

Articles

In this paper, I want to talk about the activity of intellectual integration itself: about what it can mean to integrate-to put together in a complex whole-aspects of our culture, or of the world, that seem to us disparate or unconnected; and what it can mean in so doing to integrate-to bring together in interactive life-aspects of our own minds and beings that we normally separate or divide from each other: I want to think of integration, that is-and of its opposite, disintegration-as taking place on two planes of existence at once, the cultural and the individual. For what is …


Response To Roger Cramton's Article, James Boyd White Jan 1987

Response To Roger Cramton's Article, James Boyd White

Articles

I want to direct attention to only one of the many important issues raised by Professor Cramton's article, namely the peculiar division between academic and religious thought in our culture. In the academic world we tend to speak as though all participants in our conversations were purely rational actors engaged in rational debate; perhaps some people out there in the world are sufficiently benighted that they turn to religious beliefs or other superstitions, but that is not true of us or, if it is true, we hide it, and it ought not be true of them. Ours is a secular …


The Ethereal Scholar: Does Critical Legal Studies Have What Minorities Want Minority Critiques Of The Critical Legal Studies Movement, Richard Delgado Jan 1987

The Ethereal Scholar: Does Critical Legal Studies Have What Minorities Want Minority Critiques Of The Critical Legal Studies Movement, Richard Delgado

Articles

No abstract provided.


Thinking About Our Language, James Boyd White Jan 1987

Thinking About Our Language, James Boyd White

Articles

Except for one meeting, which I will describe below, I knew Bob Cover only through his writings. This circumstance was of course a disappointment to me, for our interests were similar, and his death now makes the loss irreparable. But perhaps this is less of a limitation than would normally be the case, for as much as anyone in the law Bob was, and is, actively present in his writing, both as a person and as a mind.-But that dichotomy of person and mind gets it wrong, for what I would like to catch is a sense of fusion or …


Economics And Law: Two Cultures In Tension, James Boyd White Jan 1987

Economics And Law: Two Cultures In Tension, James Boyd White

Articles

I want to preface my remarks by saying something about the kind of talk this is going to be. As my title says, I shall speak mainly about economics and law, which I shall examine as forms of thought and life, or what I shall call cultures. With law, about which in fact I shall speak rather briefly, I am naturally familiar by training and experience. But with economics I am familiar only as an observer­ as a general reader who reads the newspaper, as a lawyer who has followed a little of the law and economics literature, and as …