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International Jurisdiction In National Legal Systems: The Case Of Antitrust, Diane P. Wood Jan 1989

International Jurisdiction In National Legal Systems: The Case Of Antitrust, Diane P. Wood

Articles

No abstract provided.


Discovery As Abuse, Frank H. Easterbrook Jan 1989

Discovery As Abuse, Frank H. Easterbrook

Articles

No abstract provided.


The Constitution As Architecture: Legislative And Administrative Courts Under Article Iii, Paul M. Bator Jan 1989

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

Articles

No abstract provided.


Afterword: On Being A Commercial Court, Frank H. Easterbrook Jan 1989

Afterword: On Being A Commercial Court, Frank H. Easterbrook

Articles

No abstract provided.


The Corporate Contract, Frank H. Easterbrook, Daniel R. Fischel Jan 1989

The Corporate Contract, Frank H. Easterbrook, Daniel R. Fischel

Articles

No abstract provided.


Postscript: Subjective Utilitarianism, Richard A. Epstein Jan 1989

Postscript: Subjective Utilitarianism, Richard A. Epstein

Articles

No abstract provided.


An Economic Approach To Issues Of Religious Freedom, Richard A. Posner, Michael W. Mcconnell Jan 1989

An Economic Approach To Issues Of Religious Freedom, Richard A. Posner, Michael W. Mcconnell

Articles

No abstract provided.


Parliamentary Law, Majority Decisionmaking, And The Voting Paradox, Saul Levmore Jan 1989

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

Articles

No abstract provided.


The Ethics And Economics Of Enforcing Contracts Of Surrogate Motherhood, Richard A. Posner Jan 1989

The Ethics And Economics Of Enforcing Contracts Of Surrogate Motherhood, Richard A. Posner

Articles

No abstract provided.


On Theory And Practice: Reply To 'Richard Posner's Praxis', Richard A. Posner Jan 1989

On Theory And Practice: Reply To 'Richard Posner's Praxis', Richard A. Posner

Articles

No abstract provided.


The Economics Of Lender Liability, Daniel R. Fischel Jan 1989

The Economics Of Lender Liability, Daniel R. Fischel

Articles

No abstract provided.


The Virtues Of A Procedural View Of Innocence--A Response To Professor Schwartz, Scott E. Sundby Jan 1989

The Virtues Of A Procedural View Of Innocence--A Response To Professor Schwartz, Scott E. Sundby

Articles

No abstract provided.


On The Costs And Benefits Of Aggressive Judicial Review Of Agency Action, Cass R. Sunstein Jan 1989

On The Costs And Benefits Of Aggressive Judicial Review Of Agency Action, Cass R. Sunstein

Articles

No abstract provided.


Administrative Law Symposium: Question & Answer With Professors Elliott, Strauss, And Sunstein, Cass R. Sunstein, Donald Ellicott, Dick Pierce, Peter L. Strauss Jan 1989

Administrative Law Symposium: Question & Answer With Professors Elliott, Strauss, And Sunstein, Cass R. Sunstein, Donald Ellicott, Dick Pierce, Peter L. Strauss

Articles

No abstract provided.


Politics, Differences And Economic Rights, Mary E. Becker Jan 1989

Politics, Differences And Economic Rights, Mary E. Becker

Articles

No abstract provided.


An Essay In Separation Of Powers: Some Early Versions And Practices, Gerhard Casper Jan 1989

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

Articles

No abstract provided.


Unconstitutional Conditions: Unrecognized Implications For The Establishment Clause, Michael W. Mcconnell Jan 1989

Unconstitutional Conditions: Unrecognized Implications For The Establishment Clause, Michael W. Mcconnell

Articles

One great advantage of a general theory of unconstitutional conditions is that it makes it more difficult for courts to disguise their antipathy or indifference toward the exercise of particular constitutional rights by manipulating undefined notions of "coercion" and "subsidy." The Supreme Court has held that the government may not deny benefits to a person who is out of work for religious reasons;1 but it may deny benefits to those who lose work because of pregnancy 2 or participation in a labor dispute.3 It has held that government subsidies may (and in some instances must) be denied to …


The Fortieth Session Of The U.N. Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, Katherine Brennan, Reed Brody, David Weissbrodt Jan 1989

The Fortieth Session Of The U.N. Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, Katherine Brennan, Reed Brody, David Weissbrodt

Articles

No abstract provided.


Educational Debts And The Worsening Position Of Small-Firm, Government, And Legal-Services Lawyers, David L. Chambers Jan 1989

Educational Debts And The Worsening Position Of Small-Firm, Government, And Legal-Services Lawyers, David L. Chambers

Articles

Law school operating costs are up. Tuitions are up. The debts of law students are up. What is happening to the students who have borrowed large sums? Are their debts affecting their decisions about the jobs to seek? Once in practice, are they significantly affecting the standard of living they can afford to maintain? What, in particular, is the effect of debts on those who enter-or contemplate entering-small firms, government, legal services, and "public interest" work where salaries are lower than in most other settings in which lawyers work? In the preceding essay, Jack Kramer has performed another extremely valuable …


Nonlawyers In The Business Of Law: Does The One Who Has The Gold Really Make The Rules?, Thomas R. Andrews Jan 1989

Nonlawyers In The Business Of Law: Does The One Who Has The Gold Really Make The Rules?, Thomas R. Andrews

Articles

For at least sixty years nonlawyers have been prohibited from offering their nonlegal talents in a business combination with lawyers practicing law. Moreover, when the ABA's new model rules were adopted in 1983, the ABA considered carefully but rejected a proposal that would have lifted the traditional ban on nonlawyer ownership of a law business. Nonetheless, the point of each article was that the relevant restrictions in the ethical rules are on their way out.

Commentators have given considerable attention to the unauthorized practice of law by nonlawyers, and to the offering of legal services by nonprofit institutions. The focus …


The Lesson Of The Owl And The Crows: The Role Of Deception In The Evolution Of The Environmental Statutes, William H. Rodgers, Jr. Jan 1989

The Lesson Of The Owl And The Crows: The Role Of Deception In The Evolution Of The Environmental Statutes, William H. Rodgers, Jr.

Articles

In this world of strategies and counterstrategies, the advantages of the good fake are not to be overlooked. Fakery is an indelible part of the landscape in settings where we readily accept the gaming metaphor—sporting events are the obvious examples. But I wish to emphasize how fakery and deception can play an important role in legal interactions as well, particularly in the writing of the environmental statutes. Environmental lawyers often are fond of borrowing examples from natural history to illustrate propositions of law. There is more to this practice than habit, it seems to me, because the natural laws of …


First Person Singular, John W. Reed Jan 1989

First Person Singular, John W. Reed

Articles

The hot topic in legal circles is the decline of professionalism. In this often negative age, it ranks right up there with "What's wrong with American schools?" and "Where will we live when the ozone is gone?" and "How can we get a handle on drugs?"-all those terrible things.


The Political Economy Of Barry Commoner, James E. Krier Jan 1989

The Political Economy Of Barry Commoner, James E. Krier

Articles

The centerpiece of what follows is an article by Barry Commoner that appeared in The New Yorker magazine in 1987.' The article, although an essentially popular work, is for several reasons worth the attention of a community professionally interested in law and the environment. First, it distills and supplements views that Commoner has advanced with much prominence throughout the life-twenty years to date-of the environmental movement in the United States. Thus it provides an opportunity for the present generation's students of environmental law, many of whom seem to know nothing of Commoner and his ideas, to become familiar with a …


Mixed Modules In L, R. Gobel, Brendan Goldsmith Jan 1989

Mixed Modules In L, R. Gobel, Brendan Goldsmith

Articles

By assuming the set-theoretic hypothesis V = L we show that, for a large class of rings R, there exist, for any regular not weekly compact cardinals K, strongly k-cyclic mixed R-modules having endomorphism algebra isomorphic to the split extension of the R-algebra A by the ideal of bounded endomorphism provided A is free qua R-module and K./Az/


The High Seas And The International Seabed Area, Bernard H. Oxman Jan 1989

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

Articles

No abstract provided.


Drafting Wagner's Act: Leon Keyserling And The Precommittee Drafts Of The Labor Disputes Act And The National Labor Relations Act, Kenneth M. Casebeer Jan 1989

Drafting Wagner's Act: Leon Keyserling And The Precommittee Drafts Of The Labor Disputes Act And The National Labor Relations Act, Kenneth M. Casebeer

Articles

This Article analyzes the development of the National Labor Relations Act through the drafts of the original Act. The author traces the evolution of Senator Wagner's ideas through numerous policy and political battles to the passage of the NLRA in 1935. The author explores the development of the drafts and the historical context surrounding their creation to reveal the social theory of the drafters and illuminate previously unexplored undercurrents in the text of the Act itself. The author, through this novel approach to the NLRA, sets up a new way to view the 1935 Act, and evaluates subsequent amendments and …


Undersecured Claims Under Bankruptcy Code Sections 506(A) And 1111(B): Second Looks At Judicial Valuations Of Collateral, David G. Carlson Jan 1989

Undersecured Claims Under Bankruptcy Code Sections 506(A) And 1111(B): Second Looks At Judicial Valuations Of Collateral, David G. Carlson

Articles

No abstract provided.


Poison Pills And Litigation Uncertainty, Charles M. Yablon Jan 1989

Poison Pills And Litigation Uncertainty, Charles M. Yablon

Articles

The article argues that the legal uncertainty surrounding poison pills in corporate takeovers is not accidental but a result of deliberate strategies by judges and corporate lawyers. This uncertainty encourages negotiation between incumbent management and raiders, preventing either side from having absolute control. The analysis explores the implications of this uncertainty, particularly its impact on the balance of power and management's ability to influence takeover outcomes. It also considers whether maintaining this uncertainty is more beneficial than establishing clear legal rules regarding poison pills.


Hiring Ruled Contractual, Bill Gore, Douglas A. Kahn, Stan Shields Jan 1989

Hiring Ruled Contractual, Bill Gore, Douglas A. Kahn, Stan Shields

Articles

On December 29, 1988, the California Supreme Court decided Foley vs. Interactive Data Corp., perhaps the most eagerly awaited state supreme court decision in years. The Foley ruling, which immediately was hailed as a tremendous victory for California employers, eliminated punitive damage awards for many wrongfully terminated employees. That was good news for the employers. The decision, however, also provided employers with sobering news. Most significantly, the court ruled that employment relationships essentially are contracts, with terms created by the reasonable expectation of the parties. Thus, the majority of California employees now have a right to sue for breach …


Determination Of The Burst Initiation Location And The Tear Propagation Velocity During Air Burst Testing Of Latex Condoms, Andrew Davidhazy Jan 1989

Determination Of The Burst Initiation Location And The Tear Propagation Velocity During Air Burst Testing Of Latex Condoms, Andrew Davidhazy

Articles

The stress testing of latex condoms by an air burst procedure has been slow in gaining industry acceptance because questions have been raised regarding the influence of the test apparatus on the likelihood of breakage occurring where the condom is attached to the inflation device. It was desired to locate the areas at which the condoms tend to burst and thus corroborate or disprove these claims. Several factors associated with the bursting condom demanded the use of special instrumentation to detect and study the burst initiation process. Microsecond duration electronic flashes were used for the initial stages of the investigation. …