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Half-Truths Of The First Amendment, Cass R. Sunstein Jan 1993

Half-Truths Of The First Amendment, Cass R. Sunstein

Articles

No abstract provided.


Incommensurability And Valuation In Law, Cass R. Sunstein Jan 1993

Incommensurability And Valuation In Law, Cass R. Sunstein

Articles

No abstract provided.


Information, Please Feature, Cass R. Sunstein Jan 1993

Information, Please Feature, Cass R. Sunstein

Articles

No abstract provided.


Words, Conduct, Caste, Cass R. Sunstein Jan 1993

Words, Conduct, Caste, Cass R. Sunstein

Articles

No abstract provided.


Against Positive Rights Feature, Cass R. Sunstein Jan 1993

Against Positive Rights Feature, Cass R. Sunstein

Articles

No abstract provided.


Changing Constitutional Powers Of The American President Feature: Forum: The Evolving Presidency In Eastern Europe, Cass R. Sunstein Jan 1993

Changing Constitutional Powers Of The American President Feature: Forum: The Evolving Presidency In Eastern Europe, Cass R. Sunstein

Articles

No abstract provided.


The Anticaste Principle, Cass R. Sunstein Jan 1993

The Anticaste Principle, Cass R. Sunstein

Articles

No abstract provided.


Conservative Free Speech And The Uneasy Case For Judicial Review, Mary E. Becker Jan 1993

Conservative Free Speech And The Uneasy Case For Judicial Review, Mary E. Becker

Articles

No abstract provided.


Liberal Constitutionalism And Liberal Justice Response, Cass R. Sunstein Jan 1993

Liberal Constitutionalism And Liberal Justice Response, Cass R. Sunstein

Articles

No abstract provided.


Sentencing Commissions And Their Guidelines, Michael Tonry Jan 1993

Sentencing Commissions And Their Guidelines, Michael Tonry

Articles

Sentencing commissions, administrative agencies charged to develop and promulgate standards for sentencing, were first proposed early in the 1970s and first established in 1978. Of four recent major sentencing reform approaches-the others being parole guidelines, voluntary sentencing guidelines, and statutory determinate sentences-only sentencing commission systems continue to be created. Despite controversies associated with the highly unpopular federal guidelines, commissions and their guidelines have achieved their primary goals. Some commissions have achieved specialized technical competence, have adopted comprehensive policy approaches, and have to a degree insulated policy from short-term political pressures. Guidelines have reduced disparities and gender and sex differences in …


Governance In Chapter 11 Reorganizations: Reducing Costs, Improving Results, Edward S. Adams Jan 1993

Governance In Chapter 11 Reorganizations: Reducing Costs, Improving Results, Edward S. Adams

Articles

Throughout the past two years, Trans World Airlines, Midway Airlines, and R.H. Macy Company, as well as over 46,000 other corporations, have filed petitions for relief under Chapter 11 of the United States Bankruptcy Code. Of the firms that have filed Chapter 11 reorganization petitions, over eighty percent will never reorganize successfully and will not avoid a subsequent conversion to a Chapter 7 liquidation proceeding. The effects of these “misfilings” are enormous. Most fundamentally, an attempted reorganization, when liquidation is the more efficient solution, can unnecessarily increase the overall costs of bankruptcy significantly.


Voluntarism Triumphant: Forbath On Law And Labor, Carol Chomsky Jan 1993

Voluntarism Triumphant: Forbath On Law And Labor, Carol Chomsky

Articles

No abstract provided.


Marriage, Divorce, And The Family: A Cautionary Tale, Judith T. Younger Jan 1993

Marriage, Divorce, And The Family: A Cautionary Tale, Judith T. Younger

Articles

No abstract provided.


Racial Disproportion In Us Prisons, Michael Tonry Jan 1993

Racial Disproportion In Us Prisons, Michael Tonry

Articles

No abstract provided.


Property And Pragmatism: A Critique Of Radin's Theory Of Property And Personhood, Stephen J. Schnably Jan 1993

Property And Pragmatism: A Critique Of Radin's Theory Of Property And Personhood, Stephen J. Schnably

Articles

No abstract provided.


Are Rights The Right Thing? Individual Rights, Communitarian Purposes And America's Problems (Book Review), David Abraham Jan 1993

Are Rights The Right Thing? Individual Rights, Communitarian Purposes And America's Problems (Book Review), David Abraham

Articles

No abstract provided.


Whiteness And Women, In Practice And Theory: A Reply To Catharine Mackinnon, Martha R. Mahoney Jan 1993

Whiteness And Women, In Practice And Theory: A Reply To Catharine Mackinnon, Martha R. Mahoney

Articles

No abstract provided.


Gathering Danger: The Urgent Need To Regulate Toxic Substances That Can Bioaccumulate, Richard L. Williamson Jr. Jan 1993

Gathering Danger: The Urgent Need To Regulate Toxic Substances That Can Bioaccumulate, Richard L. Williamson Jr.

Articles

No abstract provided.


Ethical Management Of Assets For Elder Clients: A Context, Role, And Law Approach Proceedings Of The Conference On Ethical Issues In Representing Older Clients, Steven H. Hobbs, Fay Wilson Hobbs Jan 1993

Ethical Management Of Assets For Elder Clients: A Context, Role, And Law Approach Proceedings Of The Conference On Ethical Issues In Representing Older Clients, Steven H. Hobbs, Fay Wilson Hobbs

Articles

No abstract provided.


Moral Debate And Semantic Sleight Of Hand, J. David Bleich Jan 1993

Moral Debate And Semantic Sleight Of Hand, J. David Bleich

Articles

No abstract provided.


Purchase Money Under The Uniform Commercial Code, David G. Carlson Jan 1993

Purchase Money Under The Uniform Commercial Code, David G. Carlson

Articles

No abstract provided.


Regulating Tv Violence: An Analysis Of The Voluntary Code Regarding Violence In Television Programming, Paul Horwitz Jan 1993

Regulating Tv Violence: An Analysis Of The Voluntary Code Regarding Violence In Television Programming, Paul Horwitz

Articles

No abstract provided.


The Law And Arbitration: The Model Employment Termination Act, Theodore J. St. Antoine Jan 1993

The Law And Arbitration: The Model Employment Termination Act, Theodore J. St. Antoine

Articles

The Model Employment Termination Act(META), which the Uniform Law Commissioners have recommended for adoption by all state legislatures, could provide the most significant legal change of this quarter century in the American workplace. In addition, if the annual case load of grievance arbitrations in this country now stands at somewhere around 65,000, the Act holds the potential for at least quadrupling that figure. Our colleague Jack Stieber has calculated that there are 60 million U.S. employees who are not protected by union contracts or civil service laws, and are thus subject to the employment-at-will doctrine. They can be fired for …


Active V. Passive Euthanasia: Why Keep The Distinction?, Yale Kamisar Jan 1993

Active V. Passive Euthanasia: Why Keep The Distinction?, Yale Kamisar

Articles

In the past two decades, we have witnessed a "sea change in public, medical, and legislative judgments" about "letting die" and the "right to die." But it is no less true today than it was 35 years ago, when I first wrote about this subject, that in Anglo-American jurisprudence active euthanasia (what used to be called "mercy killing") is murder.


Rejoinder To Professor Merrill Commentary, William S. Brewbaker Iii Jan 1993

Rejoinder To Professor Merrill Commentary, William S. Brewbaker Iii

Articles

No abstract provided.


Health Care Price Controls And The Takings Clause Commentary, William S. Brewbaker Iii Jan 1993

Health Care Price Controls And The Takings Clause Commentary, William S. Brewbaker Iii

Articles

No abstract provided.


Employment-At-Will—Is The Model Act The Answer?, Theodore J. St. Antoine Jan 1993

Employment-At-Will—Is The Model Act The Answer?, Theodore J. St. Antoine

Articles

Over the last quarter century, the most significant development in the field of labor and employment law has been a nationwide movement toward a revision of the at-will employment doctrine. Courts in over forty-five jurisdictions have used one or more of three main theories to carve out exceptions to the previously allpervasive principle. Unfortunately, though one can applaud the values embodied in these decisions, there are serious deficiencies in the common law modifications. The purpose of this Article is to outline those defects and to demonstrate that the interests of employees and employers alike would be better served by new …


Are Laws Against Assisted Suicide Unconstitutional?, Yale Kamisar Jan 1993

Are Laws Against Assisted Suicide Unconstitutional?, Yale Kamisar

Articles

On 15 February of this year, shortly after the number of people Dr. Jack Kevorkian had helped to commit suicide swelled to fifteen, the Michigan legislature passed a law, effective that very day, making assisted suicide a felony punishable by up to four years in prison. The law, which is automatically repealed six months after a newly established commission on death and dying recommends permanent legislation, prohibits anyone with knowledge that another person intends to commit suicide from "intentionally providing the physical means" by which the other person does so or from "intentionally participat[ing] in a physical act" by which …


Japan’S ‘Foreign Workers’ Policy: A View From The United States, Daniel H. Foote Jan 1993

Japan’S ‘Foreign Workers’ Policy: A View From The United States, Daniel H. Foote

Articles

No abstract provided.


The 1991 Supreme Court Term: Review And Outlook, John O. Mcginnis Jan 1993

The 1991 Supreme Court Term: Review And Outlook, John O. Mcginnis

Articles

The 1991 Supreme Court Term was the first during which justices originally appointed by Presidents Ronald Reagan and George Bush-Sandra Day O'Connor, Antonin Scalia, Anthony Kennedy, David Souter, and Clarence Thomas-constituted a majority. The term's main surprise, however, was that this majority of five-indeed, a majority of six when Chief Justice William Rehnquist, elevated to that position by President Reagan precisely because of his judicial philosophy, is included-did not forge a consistent jurisprudential majority characterized by the strict interpretative approach favored by their sponsoring presidents. While, generally speaking, the Court's decisions certainly continued to represent a departure from the expansive …