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The Reorganization Of Closely Held Firms And The 'Opt Out' Problem, Douglas G. Baird Jan 1994

The Reorganization Of Closely Held Firms And The 'Opt Out' Problem, Douglas G. Baird

Articles

No abstract provided.


Of Richard Epstein And Other Radical Feminists, Mary Anne Case Jan 1994

Of Richard Epstein And Other Radical Feminists, Mary Anne Case

Articles

My goal in this discussion is to persuade all members of the Federalist Society that they are or should be feminists. I shall pursue this goal in two ways: first by setting forth an expansive definition of feminist jurisprudence; secondly by showing that anyone who combines the two commitments Richard Epstein urges on feminists-commitments to the descriptive message of sociobiology and to the normative message of libertarianism-must inevitably be, not merely a feminist, but a very radical feminist indeed. In short, feminism is for everyone, especially for Richard Epstein.


The Moral And Practical Dilemmas Of An Underground Economy, Richard A. Epstein Jan 1994

The Moral And Practical Dilemmas Of An Underground Economy, Richard A. Epstein

Articles

No abstract provided.


Standing Firm, On Forbidden Grounds, Richard A. Epstein Jan 1994

Standing Firm, On Forbidden Grounds, Richard A. Epstein

Articles

No abstract provided.


Constitution In Congress: Substantive Issues In The First Congress, 1789-1791, David P. Currie Jan 1994

Constitution In Congress: Substantive Issues In The First Congress, 1789-1791, David P. Currie

Articles

No abstract provided.


On Terrorism: Reflections On Violence And The Outlaw, Ileana Porras Jan 1994

On Terrorism: Reflections On Violence And The Outlaw, Ileana Porras

Articles

No abstract provided.


With All Deliberate Speed? A Reply To Professor Sunstein, Marc A. Fajer Jan 1994

With All Deliberate Speed? A Reply To Professor Sunstein, Marc A. Fajer

Articles

No abstract provided.


Homosexuality And The Constitution, Cass R. Sunstein Jan 1994

Homosexuality And The Constitution, Cass R. Sunstein

Articles

No abstract provided.


Political Equality And Unintended Consequences, Cass R. Sunstein Jan 1994

Political Equality And Unintended Consequences, Cass R. Sunstein

Articles

No abstract provided.


The First Amendment In Cyberspace, Cass R. Sunstein Jan 1994

The First Amendment In Cyberspace, Cass R. Sunstein

Articles

No abstract provided.


A New Deal For Speech, Cass R. Sunstein Jan 1994

A New Deal For Speech, Cass R. Sunstein

Articles

No abstract provided.


The Ubiquity Of The Benefit Principle, Richard A. Epstein Jan 1994

The Ubiquity Of The Benefit Principle, Richard A. Epstein

Articles

No abstract provided.


Strength In Diversity: Feminist Theoretical Approaches To Child Custody And Same-Sex Relationships, Mary E. Becker Jan 1994

Strength In Diversity: Feminist Theoretical Approaches To Child Custody And Same-Sex Relationships, Mary E. Becker

Articles

No abstract provided.


Race And The War On Drugs, Michael Tonry Jan 1994

Race And The War On Drugs, Michael Tonry

Articles

No abstract provided.


Corporate Cooperation, Relationship Management, And The Trialogical Imperative For Corporate Law, John H. Matheson, Brent A. Olson Jan 1994

Corporate Cooperation, Relationship Management, And The Trialogical Imperative For Corporate Law, John H. Matheson, Brent A. Olson

Articles

For large publicly held corporations, “corporate governance,” a common term in current law review articles, is an outdated term. It is outdated because it emphasizes the tensions and power struggles between corporate constituencies and implies an inevitable and immutable governance tug-of-war. It is also outdated because it masks the economic reality of the corporate enterprise: that the raison d’etre of large publicly held corporations is to maximize “longterm shareholder” and corporate value. Finally, it is outdated because today’s globally competitive marketplace requires a corporate focus on long-term performance rather than on divisive factionalism. Accordingly, this Article suggests steps toward minimizing …


Unesco Human Rights Procedure: An Evaluation, David Weissbrodt, Rose Farley Jan 1994

Unesco Human Rights Procedure: An Evaluation, David Weissbrodt, Rose Farley

Articles

Analysis of United Nations Educational, Scientific, and Cultural Organization (UNESCO) human rights review procedures and cases within the UNESCO process indicates that many violations are not being addressed effectively. Improvements to the procedures should include implementing fast track and expedited procedures for certain cases, looking for complete solutions to violations, making the Committee on Conventions and Recommendations smaller and less politicized, allowing major abuses to be referred to the Director-General and defining the phases of the review process more clearly.


Premarital And Postmarital Agreements In Minnesota, Judith T. Younger, William E. Mullin Jan 1994

Premarital And Postmarital Agreements In Minnesota, Judith T. Younger, William E. Mullin

Articles

No abstract provided.


The Role Of Legal Education In Instilling An Ethos Of Public Service Among Law Students: Towards A Collaboration Between The Profession And The Academy On Professional Values, Stephen F. Befort, Eric Janus Jan 1994

The Role Of Legal Education In Instilling An Ethos Of Public Service Among Law Students: Towards A Collaboration Between The Profession And The Academy On Professional Values, Stephen F. Befort, Eric Janus

Articles

n the United States, a significant part of the debate over passage of the North American Free Trade Agreement (NAFTA) focused on the agreement's potential effects on the American worker. United States labor organizations and their congressional supporters opposed NAFTA based on their belief that Mexico's low wages and minimal worker protection would entice U.S. companies to move to Mexico, resulting in a loss of American jobs. An underlying assumption of their argument was that Mexican labor laws were either inadequate to protect workers' interests or inadequately enforced.


Rodrigo's Ninth Chronicle: Race, Legal Instrumentalism, And The Rule Of Law, Richard Delgado Jan 1994

Rodrigo's Ninth Chronicle: Race, Legal Instrumentalism, And The Rule Of Law, Richard Delgado

Articles

No abstract provided.


Antitrust Conspiracy Doctrine And The Hospital Enterprise, William S. Brewbaker Iii Jan 1994

Antitrust Conspiracy Doctrine And The Hospital Enterprise, William S. Brewbaker Iii

Articles

No abstract provided.


The 'Right To Die': A Catchy But Confusing Slogan, Yale Kamisar Jan 1994

The 'Right To Die': A Catchy But Confusing Slogan, Yale Kamisar

Articles

Some 30 years ago an eminent constitutional law scholar Charles L. Black, Jr., spoke of "toiling uphill against that heaviest of all argumental weights-the weight of a slogan. I am reminded of that observation when I confront the slogan the "right to die." Few rallying cries or slogans are more appealing and seductive than the "right to die." But few are more fuzzy, more misleading, and more misunderstood.


Responding To Gender Bias In The Courts: Progress Without Accountability, Suellyn Scarnecchia Jan 1994

Responding To Gender Bias In The Courts: Progress Without Accountability, Suellyn Scarnecchia

Articles

On December 19, 1989, we received the final report of the Michigan Supreme Court Task Force on Gender Issues (task force report). The task force made 91 recommendations, plus an additional 18 joint recommendations with the Task Force on Racial/Ethnic Issues in the Courts. The Michigan Supreme Court, the State Bar of Michigan and other individuals and organizations have made much progress in responding to the recommendations, with one glaring omission-Although jointly recommended by both task forces as "essential to the realization of the goals envisioned in the goals envisioned in the reports," the Supreme Court has failed to appoint …


A Technology Policy Perspective On The Nih Gene Patenting Controversy, Rebecca S. Eisenberg Jan 1994

A Technology Policy Perspective On The Nih Gene Patenting Controversy, Rebecca S. Eisenberg

Articles

This article will use the NIH patent controversy as a focal point for considering when the results of government-sponsored research should be patented and when they should be dedicated to the public domain. First, this article will review the recent history of federal government policy on patenting the results of government-sponsored research. Next, this article will highlight some of the complexities involved in achieving technology transfer from the public sector to the private sector that current policy may oversimplify. With this background, this article will return to a more detailed analysis of the NIH cDNA patenting controversy and consider the …


Stress And Health In 1st-Year Law Students: Women Fare Worse, Daniel N. Mcintosh, Julie Keywell, Alan Reifman, Phoebe C. Ellsworth Jan 1994

Stress And Health In 1st-Year Law Students: Women Fare Worse, Daniel N. Mcintosh, Julie Keywell, Alan Reifman, Phoebe C. Ellsworth

Articles

The social and psychological consequences of being a female law student may include greater stress and worse health than that experienced by male students. First-year law students at a major state university were surveyed about their physical and psychological health prior to, in the middle of, and at the end of the school year. They were also asked about specific sources of strain (e.g., grades, time pressure) at mid-year. Relative to men, women reported greater strain due to sexism, lack of free time, and lack of time to spend with one’s spouse/partner. Women also displayed more depression and physical symptoms …


Hardening Of The Attitudes: Americans' Views On The Death Penalty, Phoebe C. Ellsworth, Samuel R. Gross Jan 1994

Hardening Of The Attitudes: Americans' Views On The Death Penalty, Phoebe C. Ellsworth, Samuel R. Gross

Articles

American support for the death penalty has steadily increased since 1966, when opponents outnumbered supporters, and now in the mid-1990s is at a near record high. Research over the last 20 years has tended to confirm the hypothesis that most people’s death penalty attitudes (pro or con) are based on emotion rather than information or rational argument. People feel strongly about the death penalty, know little about it, and feel no need to know more. Factual information (e.g., about deterrence and discrimination) is generally irrelevant to people’s attitudes, and they are aware that this is so. Support for the death …


Assisted Suicide And Euthanasia: The Cases Are In The Pipeline, Yale Kamisar Jan 1994

Assisted Suicide And Euthanasia: The Cases Are In The Pipeline, Yale Kamisar

Articles

When I first wrote about this subject 36 years ago, the chance that any state would legalize assisted suicide or active voluntary euthanasia seemed minuscule. The possibility that any court would find these activities protected by the Due Process Clause seemed so remote as to be almost inconceivable. Not anymore. Before this decade ends, at least several states probably will decriminalize assisted suicide and/or active voluntary euthanasia. [Editor's note: In November, Oregon became the first state to legalize physician-assisted suicide, allowing doctors to prescribe lethal medication for competent, terminally ill adults who request it.] A distinct possibility also exists that …


Cultural Differences And Discrimination: Samoans Before A Public Housing Eviction Board, Richard O. Lempert, Karl Monsma Jan 1994

Cultural Differences And Discrimination: Samoans Before A Public Housing Eviction Board, Richard O. Lempert, Karl Monsma

Articles

In Hawaii Samoans are a stigmatized ethnic group. We examine how this group is treated by a public housing eviction board. Statistical analysis suggests Samoans are discriminated against in financial cases. Interviews indicate, however, that Samoans are disadvantaged largely because their excuses are not persuasive and would not be regardless of the ethnicity of the tenants making them. In this sense Samoans are treated "like any other tenant," and illegal discrimination, as defined by the Four- teenth Amendment, has not occurred. But Samoans make unpersuasive excuses more often than other tenants because excuses that are reasonable in the context of …


Work And Play In Revising Article 9 (Symposium On The Revision Of Article 9 Of The Uniform Commercial Code), James J. White Jan 1994

Work And Play In Revising Article 9 (Symposium On The Revision Of Article 9 Of The Uniform Commercial Code), James J. White

Articles

For Professors Harris and Mooney the time has come to distinguish between work and play. Debating whether security is efficient is play. Revising Article 9 is work. Even Professor Schwartz does not argue for the abolition of Article 9; he merely reiterates the "puzzle" of secured credit and argues in his playful fashion that security might not be efficient.' Were it not for the fact that this debate might give us some insights about certain priority rules (such as those having to do with purchase money), it would be pure intellectual masturbation, a game with no purpose other than to …


Federalist Society Roundtable Discussion, Timothy Dyk, Robert Bork, Nadine Strossen, John O. Mcginnis, Theodore B. Olson Jan 1994

Federalist Society Roundtable Discussion, Timothy Dyk, Robert Bork, Nadine Strossen, John O. Mcginnis, Theodore B. Olson

Articles

This discussion took place at the National Press Club in Washington, D.C., on October 12, 1993.


The Ethics Of Violence: Necessity, Excess, And Opposition (Book Review Essay), Anthony V. Alfieri Jan 1994

The Ethics Of Violence: Necessity, Excess, And Opposition (Book Review Essay), Anthony V. Alfieri

Articles

No abstract provided.