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The Depiction Of Law In The Bonfire Of The Vanities, Richard A. Posner Jan 1988

The Depiction Of Law In The Bonfire Of The Vanities, Richard A. Posner

Articles

No abstract provided.


A Passion For Justice, Geoffrey R. Stone Jan 1988

A Passion For Justice, Geoffrey R. Stone

Articles

No abstract provided.


Precedent, The Amendment Process, And Evolution In Constitutional Doctrine, Geoffrey R. Stone Jan 1988

Precedent, The Amendment Process, And Evolution In Constitutional Doctrine, Geoffrey R. Stone

Articles

No abstract provided.


The Constitution In The Supreme Court: 1946-1953, David P. Currie Jan 1988

The Constitution In The Supreme Court: 1946-1953, David P. Currie

Articles

No abstract provided.


Employment At Will: The French Experience As A Basis For Reform, Madeleine M. Plasencia Jan 1988

Employment At Will: The French Experience As A Basis For Reform, Madeleine M. Plasencia

Articles

Roughly one-quarter of the workers in the United States are represented by unions, leaving three-quarters subject to the vicissitudes of the employment-at-will doctrine.' At-will employees, as a general matter, lack protection against dismissal without cause.2 That is, an employer may dismiss an "at will" employee without notice, "for good reason, bad reason or no reason at all," so long as the proffered reasons for dismissal do not violate random whistle-blowing provisions or federal and state anti-discrimination statutes.' The mirror image of the employer's right to dismiss at will is the right of an employee who was hired to perform work …


Crime In The Stacks, Or A Tale Of A Text: A Feminist Response To A Criminal Law Textbook, Mary I. Coombs Jan 1988

Crime In The Stacks, Or A Tale Of A Text: A Feminist Response To A Criminal Law Textbook, Mary I. Coombs

Articles

No abstract provided.


Beyond The Republican Revival, Cass R. Sunstein Jan 1988

Beyond The Republican Revival, Cass R. Sunstein

Articles

In this Article, Professor Sunstein describes those aspects of republicanism that have the strongest claim to contemporary support, outlines the role of republican thought in the founding period, and explores some of the implications of republicanism for modern public law. Sunstein claims that the basic republican commitments involve (1) deliberation in government; (2) political equality; (3) universality, or agreement as a regulative ideal; and (4) citizenship. Professor Sunstein contends that all of these commitments played an important role during the founding period, generating a distinctive conception of governance. In his view, the common opposition between liberalism and republicanism is a …


Trashing The German Advantage, John H. Langbein Jan 1988

Trashing The German Advantage, John H. Langbein

Articles

No abstract provided.


The Twentieth-Century Revolution In Family Wealth Transmission, John H. Langbein Jan 1988

The Twentieth-Century Revolution In Family Wealth Transmission, John H. Langbein

Articles

No abstract provided.


The 39th Session Of The Un Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, Sonia Rosen, David Weissbrodt Jan 1988

The 39th Session Of The Un Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, Sonia Rosen, David Weissbrodt

Articles

The 39th session of the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities (Sub-Commission) was held from 10 August through 4 September 1987 in Geneva, Switzerland. The Sub-Commission, established in 1947 as a subsidiary body of the Commission on Human Rights (Commission), is composed of 26 experts who are elected by the Commission. The experts are elected in their individual capacities rather than as representatives of their governments. The Sub-Commission meets annually in August-September to undertake studies and make recom- mendations to the Commission on a wide range of human rights


Country-Related And Thematic Developments At The 1988 Session Of The U.N. Commission On Human Rights, David Weissbrodt Jan 1988

Country-Related And Thematic Developments At The 1988 Session Of The U.N. Commission On Human Rights, David Weissbrodt

Articles

The United Nations Commission on Human Rights is the principal and most important political organ of the United Nations concerned principally with human rights.1 ; The Commission meets for six weeks every year in February and March. This year, for example, it met from 1 February through 11 March 1988.2 The Commission is comprised of forty-three government represent- atives who are elected by the Economic and Social Council of the United Nations. The Economic and Social Council is, in turn, a subsidiary body of the United Nations General Assembly. When the UN Charter was written in 1945, the subject of …


The Role Of International Organizations In The Implementation Of Human Rights And Humanitarian Law In Situations Of Armed Conflict, David Weissbrodt Jan 1988

The Role Of International Organizations In The Implementation Of Human Rights And Humanitarian Law In Situations Of Armed Conflict, David Weissbrodt

Articles

No abstract provided.


Washington's New Quasi-Community Property Act: Protecting The Immigrant Spouse, Thomas R. Andrews Jan 1988

Washington's New Quasi-Community Property Act: Protecting The Immigrant Spouse, Thomas R. Andrews

Articles

In 1986, Washington followed the lead of several other community property jurisdictions by adopting quasi-community property legislation. The act is designed to prevent a spouse who has onerously acquired property during marriage while the couple resided in a common law state from disinheriting his or her surviving spouse as to that property after moving to Washington. It has significant implications not only for married couples contemplating a move to Washington, but also for those who have moved to Washington from common law jurisdictions in the past. This article explains why the risk of disinheritance arises, describes the provisions of Washington's …


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.


Deferral To Arbitration And Use Of External Law In Arbitration, Theodore J. St. Antoine Jan 1988

Deferral To Arbitration And Use Of External Law In Arbitration, Theodore J. St. Antoine

Articles

proper definition of the appropriate roles of arbitrators, administrative agencies and the courts depends in great part on the notion that, generally speaking, in labor relations, the interpretation and application of contracts is for arbitrators, and the interpretation and application of statutes is for the administrative agencies and the courts. Arbitrators deal primarily with contract rights and administrative agencies, like the NLRB and the courts, deal primarily with statutory rights. If that distinction is maintained, the problems of deferral to arbitration and the use of external law in arbitration can be more easily resolved.


Solving Subset Sum Problems With The L^3 Algorithm, Stanislaw Radziszowski, Donald Kreher Jan 1988

Solving Subset Sum Problems With The L^3 Algorithm, Stanislaw Radziszowski, Donald Kreher

Articles

Ideas are described that speed up the lattice basis reduction algorithm of Lenstra, Lenstra and Lovasz [11] in practice. the resulting lattice basis reduction algorithm reduces the multiprecision operations needed in previous approaches. This paper describes these ideas in detail for lattices of the particular form arising from the subset sum (exact knapsack) problem. The idea of applying the L^3 algorithm to the subset sum problem is due to Lagarias and Odlyzko [8]. The algorithm of this paper also uses a direct search for short vectors simultaneously with the basis reduction algorithm. Extensive computational tests show that this algorithm solves, …


Lower Bounds For Multi-Colored Ramsey Numbers From Group Orbits, Donald Kreher, Wei Li, Stanislaw Radziszowski Jan 1988

Lower Bounds For Multi-Colored Ramsey Numbers From Group Orbits, Donald Kreher, Wei Li, Stanislaw Radziszowski

Articles

In this paper the algorithm developed in [RK] for 2-color Ramsey numbers is generalized to multi-colored Ramsey numbers. All the cyclic graphs yielding the lower bounds R(3,3,4)>=30, R(3,3,5)>=45, and R(3,4,4)>=55 were obtained. The two last bounds are apparently new.


On (3, K) Ramsey Graphs: Theoretical And Computational Results, Stanislaw Radziszowski, Donald Kreher Jan 1988

On (3, K) Ramsey Graphs: Theoretical And Computational Results, Stanislaw Radziszowski, Donald Kreher

Articles

A (3,k,n,e) Ramsey graph is a triangle-free graph on n vertices with e edges and no independent set of size k. Similarly, a (3,k)-, (3,k,n)- or (3,k,n,e)-graph is a (3,k,n,e) Ramsey graph for some nand e. In the first part of the paper we derive an explicit formula for the minimum number of edges in any (3,k,n)graph for n ≤ 3(k-I), i.e. a partial formula for the function e(3,k,n) investigated in [3,5,7]. We prove some general properties of minimum (3,k,n)- graphs with e(3,k,n) edges and present a construction of minimum (3,k+I,3k-I,5k-5)-graphs for k ≥ 2 and minimum (3,k+1,3k,5k)-graphs for k …


Automatic Generation Of A Legal Expert System From A Normalized Interpretation Of Legal Rules, Layman E. Allen Jan 1988

Automatic Generation Of A Legal Expert System From A Normalized Interpretation Of Legal Rules, Layman E. Allen

Articles

No abstract provided.


Representing Children, Donald N. Duquette Jan 1988

Representing Children, Donald N. Duquette

Articles

The Child Protection Law, MCLA 722.630, and the Juvenile Court Rules, MCR 5.915 (B)(2), require the Juvenile Court to appoint an attorney for the child in child protection proceedings. Although the child protection law identifies some of the expectations of the child's counsel,t many questions remain. What does it mean to be a good child advocate in these cases? How does one identify the best interests of the children? What is the place of the child's wishes in identifying the goals of the advocate? Beyond the letter of the law, what ought to be the proper role of the child's …


Should General Utilities Be Reinstated To Provide Partial Integration Of Corporate And Personal Income—Is Half A Loaf Better Than None?, Douglas A. Kahn Jan 1988

Should General Utilities Be Reinstated To Provide Partial Integration Of Corporate And Personal Income—Is Half A Loaf Better Than None?, Douglas A. Kahn

Articles

The General Utilities doctrine is the name given to the now largely defunct tax rule that a corporation does not recognize a gain or a loss on making a liquidating or nonliquidating distribution of an appreciated or depreciated asset to its shareholders. The roots of the doctrine, can be traced to a regulation promulgated in 1919 that denied realization of gain or loss to a corporation when making a liquidating distribution of an asset in kind. No regulatory provision existed which specified the extent to which realization would or would not be triggered by a nonliquidating distribution such as a …


Prevention Of Antiunion Discrimination In The United States, Theodore J. St. Antoine Jan 1988

Prevention Of Antiunion Discrimination In The United States, Theodore J. St. Antoine

Articles

Nearly all rank-and-file employees in private businesses of any substantial size in the United States are protected by federal law against antiunion discrimination. The Railway Labor Act applies to the railroad and airline industries. The National Labor Relations Act (NLRA) applies to all other businesses whose operations "affect [interstate] commerce" in almost any way. Supervisory and managerial personnel, domestic servants, and agricultural workers are excluded from this federal scheme. Separate federal law covers the employees of the federal government. About thirty of the fifty states have statutes ensuring the right to organize on the part of some or most of …


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.


Essentially Indecomposable Modules Which Are Almost Free, Brendan Goldsmith, R. Gobel Jan 1988

Essentially Indecomposable Modules Which Are Almost Free, Brendan Goldsmith, R. Gobel

Articles

No abstract provided


Lender/Owners And Cercla: Title And Liability, Ann Burkhart Jan 1988

Lender/Owners And Cercla: Title And Liability, Ann Burkhart

Articles

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) represents Congress' response to the problem of cleaning up hazardous waste sites. The Act and its related regulations authorize the Environmental Protection Agency (EPA) either to order the responsible parties to contain the hazardous waste on the site or to clean the site and charge the responsible parties for EPA's response costs. An unresolved issue is whether these provisions contemplate holding a lender/owner liable for response costs. In this Article, Professor Burkhart rebuts challenges to lender/owner liability. She begins by scrutinizing the language and legislative history of the liability provisions and …


The Right To Life During Armed Conflict: Disabled Peoples' International V. United States, David Weissbrodt, Beth Andrus Jan 1988

The Right To Life During Armed Conflict: Disabled Peoples' International V. United States, David Weissbrodt, Beth Andrus

Articles

Because of persecution, civil war, and economic despair, millions of people flee from their homes and go to live in other countries where they can stabilize their lives and find a safe place for themselves and their families. In 1998, the United Nations High Commissioner for Refugees estimated the number of people fleeing their home countries to exceed 22 million. 1 The right to seek and enjoy asylum is a well established principle in international law. 2 It has, however, been interpreted consistently as the right of the sovereign state to grant or deny asylum to those within its territory, …


University Of Alabama - School Of Law's Special Special Collection: Reaching Out For Law School History, The Announcement, Paul M. Pruitt Jr. Jan 1988

University Of Alabama - School Of Law's Special Special Collection: Reaching Out For Law School History, The Announcement, Paul M. Pruitt Jr.

Articles

No abstract provided.


Marine Archaeology And The International Law Of The Sea, Bernard H. Oxman Jan 1988

Marine Archaeology And The International Law Of The Sea, Bernard H. Oxman

Articles

No abstract provided.


Empirical Studies In Civil Procedure: A Selected Annotated Bibliography, Michael G. Chiorazzi, Barbara A. Baccari, Karen R. Cashion, Christopher R. Hart, Donald M. Nielsen, Charles M. North, William T. O'Neil Jan 1988

Empirical Studies In Civil Procedure: A Selected Annotated Bibliography, Michael G. Chiorazzi, Barbara A. Baccari, Karen R. Cashion, Christopher R. Hart, Donald M. Nielsen, Charles M. North, William T. O'Neil

Articles

No abstract provided.


The Incredible, Incomparable Incarnation, Harold Willmington Dec 1987

The Incredible, Incomparable Incarnation, Harold Willmington

Articles

No abstract provided.