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Introduction To Federal Administrative Law Part I: The Exercise Of Administrative Power And Judicial Review, An, William L. Andreen

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No abstract provided.

Poison Pills And Litigation Uncertainty, Charles M. Yablon

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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.

Scholars' Reply To Professor Fried, Yale Kamisar, Lee C. Bollinger, Judith C. Areen, Barbara A. Black

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As Solicitor General of the United States, Charles Fried, like any good advocate, was often in the position of attempting to generate broad holdings from relatively narrow and particularistic Supreme Court decisions. This was especially true in affirmative action cases. There, the Department of Justice argued that cautious precedents actually stood for the broad proposition that measures designed to put members of disadvantaged groups on a plane of equality should, for constitutional purposes, be treated the same as measures intended to stigmatize or subordinate them. The Supreme Court, however, has consistently rejected this reading of its precedents and the broad …

General Principles Of Civil Law Of The People's Republic Of China (Translation), Whitmore Gray, Henry R. Zheng

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(Adopted April 12, 1986, at the Fourth Session of the Sixth National People's Congress, to take effect on January 1, 1987)

Commentary On 'Multiemployer Bargaining Rules': The Limitations Of A Strictly Economic Analysis, Theodore J. St. Antoine

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Labor law bulks large on the docket of the United States Supreme Court. Yet never would I have included Charles D. Bonanno Linen Service, Inc. v. NLRB, dealing with the seemingly mundane issue of an employer's right to withdraw from multiemployer bargaining, in the select company of cases addressing such pulse-quickening subjects as affirmative action, picketing as free speech, and union antitrust liability. Professor Douglas Leslie's elegant and provocative article shows just how wrong I was--or at least just how far imaginative analysis can go toward seeing a world in a grain of sand. I lay no claim to expertise …

Patents And The Progress Of Science: Exclusive Rights And Experimental Use, Rebecca S. Eisenberg

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In this article I analyze the proper scope of an experimental use exemption from patent infringement liability by comparing the rationales behind promoting technological progress through granting exclusive patent rights in inventions with competing arguments for promoting scientific progress by allowing all investigators to enjoy free access to the discoveries of other scientists. I begin by reviewing key features of the patent laws and theoretical justifications for granting patent monopolies in order to clarify the implications of existing patent doctrine and theory for an experimental use exemption. I then look to the literature in the sociology, history, and philosophy of …

Maximal Order Abelian Subgroups Of Symmetric Groups, J. M. Burns, Brendan Goldsmith

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No abstract available

Opinion Of The Supreme People's Court On Questions Concerning The Implementation Of The General Principles Of Civil Law Of The People's Republic Of China (Translation), Whitmore Gray, Henry R. Zheng

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The General Principles of Civil Law of the People's Republic of China ("General Principles") came into force on January 1, 1987. We now issue the following Opinion concerning issues encountered when implementing the General Principles

Mindset And Metaphor Colloquy, Richard Delgado

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No abstract provided.

Postpetition Interest Under The Bankruptcy Code, David G. Carlson

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The article examines the legal ambiguity surrounding postpetition interest for undersecured creditors in bankruptcy proceedings, focusing on the Supreme Court's ruling in *Timbers of Inwood Forest*. It critiques the decision as unpersuasive and highlights the need for clearer legal frameworks to balance creditor and debtor rights, ensuring fairness and efficiency in bankruptcy cases.

The Reasonable Doubt Rule And The Meaning Of Innocence, Scott E. Sundby

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No abstract provided.

Zero-Based Racial Politics: An Evaluation Of Three Best-Case Arguments On Behalf Of The Nonwhite Underclass Commentary, Richard Delgado

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No abstract provided.

From The Shoulders Of Houston: A Vision For Social And Economic Justice Commemorative To Charles Hamilton Houston: Commemorative Articles, Steven H. Hobbs

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No abstract provided.

The Foreign Sovereign Immunities Act And Act Of State, Malvina Halberstam

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No abstract provided.

Capital Punishment: A Disputation, Peter Lushing

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The article critiques the use of capital punishment, arguing that it is morally flawed, ineffective as a deterrent, and disproportionately applied to marginalized groups. Through a dialogue between a judge and a clerk, it highlights the emotional and societal complexities surrounding the death penalty, ultimately advocating for its abolition in favor of life imprisonment and systemic reforms.

The Lesson Of The Red Squirrel: Consensus And Betrayal In The Environmental Statutes, William H. Rodgers, Jr.

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The subjects of legislation and legislative change are undergoing a revival of sorts in United States' law schools. The academic community has offered a variety of theoretical visions on the nature of legislation—purposive and rational, irrational and political, the accidental outcome of competing interests, the imperfect product of high philosophy; the legislative process—formal and ritualistic, markets and auctions, plots and cabals, or publicregarding negotiations; and the individual legislators themselves—ritual players, auctioneers, maximizers of political gain, profiteers, and philosopher kings in shiny suits.

This author's personal approach to legal affairs of this sort is to draw on the laws of biology …

"Libelous" Petitions For Redress Of Grievances -- Bad Historiography Makes Worse Law, Eric Schnapper

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Both the majority and concurring opinions in McDonald v. Smith, 472 U.S. 479 (1985), concluded that there was no historical basis for McDonald's contention that the framers understood the right to petition to include an unqualified right to do so without being subject to suit for libel. This Article argues that the historical analysis in McDonaldis incorrect; indeed, this appears to be one instance in which the relevant historical materials are both voluminous and crystal clear.

Part I evaluates the McDonald Court's discussion of the intent of the framers. Subsequent sections discuss the wide variety of materials that …

Judges Against Juries—Appellate Review Of Federal Civil Jury Verdicts, Eric Schnapper

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This Article seeks to assess the treatment of civil jury verdicts by the federal courts of appeals during the two decades in which the Supreme Court has refused to scrutinize the actions of the circuit courts. Part I summarizes the manner in which the Supreme Court, prior to 1968, aggressively enforced the seventh amendment. Part II, focusing on a one-year period between the fall of 1984 and the fall of 1985, describes the actions of the courts of appeals in resolving the 208 reported cases in which a party challenged the sufficiency of the evidence to support a jury verdict. …

Panthers And Pinstripes: The Case Of Ezra Pound And Archilbald Macleish, Jean Stefancic, Richard Delgado

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No abstract provided.

Bad Law Makes Hard Cases: Reflections On Teen-Aged Axe-Murderers, Judicial Activism, And Legislative Default, Barry C. Feld

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Waiver legislation in Minnesota, as in most other States, typically requires juvenile court judges to make individualized determinations as to a juvenile's amenability to treatment and danger to society as the basis for deciding whether to transfer the juvenile to adult court for disposition. Disposition in adult court allows for a more severe sanction than that permitted under the maximum sentence that can be dispensed in juvenile court. The difficulty and disparity in applying this waiver law lies in the discretion given to juvenile justice judges and the diverse criteria applied in judicial decisionmaking, both in the juvenile court and …

The Right To Counsel In Juvenile Court: An Empirical Study Of When Lawyers Appear And The Difference They Make, Barry C. Feld

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No abstract provided.

Major Developments At The 1989 Session Of The Un Commission On Human Rights, Reed Brody, David Weissbrodt

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On 10 March 1989 the United Nations Commission on Human Rights concluded its six week session in Geneva with a number of significant decisions as to country situations in which human rights violations have occurred, including the establishment of a Special Rapporteur on Romania. The Commission also continued monitoring disappearances, torture, executions, religious intolerance, and mercenaries; approved a draft Convention on the Rights of the Child after nine years of discussion; promptly transmitted to the General Assembly a draft Second Optional Protocol to the International Covenant on Civil and Political Rights for the abolition of the death penalty; reaffirmed the …

Agency And Partnership: A Study Of Breach Of Promise Plaintiffs, Mary I. Coombs

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No abstract provided.

The Crisis Of Private Law Is Not An Ideal Situation, Kenneth M. Casebeer

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No abstract provided.

Is Abandoning State Action Asking Too Much Of The Constitution, Scott E. Sundby

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No abstract provided.

The Inside Counsel Movement, Professional Judgment And Organizational Representation, Robert Eli Rosen

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No abstract provided.

Freedom Of Expression In A Pluralistic Society, James W. Nickel

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No abstract provided.

Corporate Debt Relationships: Legal Theory In A Time Of Restructuring, William Wilson Bratton

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No abstract provided.

The New Economic Theory Of The Firm: Critical Perspectives From History, William Wilson Bratton

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No abstract provided.

Racism And Legal Doctrine (Reviewing Derrick Bell, And We Are Not Saved (1987)), Mary E. Becker

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No abstract provided.