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The Constitution In The Supreme Court: The Preferred-Position Debate, 1941-1946, David P. Currie Jan 1987

The Constitution In The Supreme Court: The Preferred-Position Debate, 1941-1946, David P. Currie

Articles

No abstract provided.


The Constitution In The Supreme Court: The New Deal, 1931-1940, David P. Currie Jan 1987

The Constitution In The Supreme Court: The New Deal, 1931-1940, David P. Currie

Articles

No abstract provided.


The Constitution In The Supreme Court: The Second World War, 1941-1946, David P. Currie Jan 1987

The Constitution In The Supreme Court: The Second World War, 1941-1946, David P. Currie

Articles

No abstract provided.


Causation - In Context: An Afterword, Richard A. Epstein Jan 1987

Causation - In Context: An Afterword, Richard A. Epstein

Articles

No abstract provided.


Organized Exchanges And The Regulation Of Dual Class Common Stock, Daniel R. Fischel Jan 1987

Organized Exchanges And The Regulation Of Dual Class Common Stock, Daniel R. Fischel

Articles

No abstract provided.


The Regulation Of Banks And Bank Holding Companies, Daniel R. Fischel, Andrew M. Rosenfield, Robert S. Stillman Jan 1987

The Regulation Of Banks And Bank Holding Companies, Daniel R. Fischel, Andrew M. Rosenfield, Robert S. Stillman

Articles

No abstract provided.


The Compact Clause And Transboundary Problems: A Federal Remedy For The Disease Most Incident To A Federal Government, Dale Goble Jan 1987

The Compact Clause And Transboundary Problems: A Federal Remedy For The Disease Most Incident To A Federal Government, Dale Goble

Articles

The political and constitutional relationship that is known as "federalism" creates boundaries that often do not correspond to resources. The anadromous salmon and steelhead of the Columbia River Basin, for example, cross several jurisdictional boundaries during their life cycle. Jurisdictional boundaries frequently contribute to poor resource planning because some actors are excluded. One traditional response to such transboundary resource difficulties has been to nationalize the problem, thus creating a forum in which all of the actors may participate. Nationalization, however, may be overinclusive when the problem is regional. An alternative that is potentially more sensitive to local concerns is found …


The Proposed Rules Of Professional Conduct: Critical Concerns For Military Lawyers, Donald L. Burnett Jr. Jan 1987

The Proposed Rules Of Professional Conduct: Critical Concerns For Military Lawyers, Donald L. Burnett Jr.

Articles

No abstract provided.


Constitutionalism After The New Deal, Cass R. Sunstein Jan 1987

Constitutionalism After The New Deal, Cass R. Sunstein

Articles

In recent years, the failure of administrative agencies to implement congressional programs faithfully and effectively has called into question the wisdom of the central institutional innovations of the New Deal: the expansion of the regulatory state and the shift in power from the states to the federal government. In this Article, Professor Sunstein challenges the New Deal more fundamentally, examining not only the institutional changes themselves, but also the shift in constitutional commitments that underlay those reforms. Professor Sunstein identifies three aspects of New Deal constitutionalism: the rejection of the original constitutional commitment to checks and balances in favor of …


Judicial Review Of Administrative Action In A Conservative Era, Cass R. Sunstein, Alan B. Morrison, Kenneth W. Starr, Richard K. Willard Jan 1987

Judicial Review Of Administrative Action In A Conservative Era, Cass R. Sunstein, Alan B. Morrison, Kenneth W. Starr, Richard K. Willard

Articles

No abstract provided.


Lochner's Misunderstood Legacy, Cass R. Sunstein Jan 1987

Lochner's Misunderstood Legacy, Cass R. Sunstein

Articles

No abstract provided.


Lochner's Legacy, Cass R. Sunstein Jan 1987

Lochner's Legacy, Cass R. Sunstein

Articles

No abstract provided.


The Beard Thesis And Franklin Roosevelt, Cass R. Sunstein Jan 1987

The Beard Thesis And Franklin Roosevelt, Cass R. Sunstein

Articles

No abstract provided.


Bork: The Transformation Of A Conservative Constitutionalist, Philip B. Kurland Jan 1987

Bork: The Transformation Of A Conservative Constitutionalist, Philip B. Kurland

Articles

No abstract provided.


Comment On Schlesinger, The Constitution And Presidential Leadership, Philip B. Kurland Jan 1987

Comment On Schlesinger, The Constitution And Presidential Leadership, Philip B. Kurland

Articles

No abstract provided.


Judicial Review Revisited: Original Intent And The Common Will, Philip B. Kurland Jan 1987

Judicial Review Revisited: Original Intent And The Common Will, Philip B. Kurland

Articles

No abstract provided.


Religion And The Constitution: Eternal Hostility Against Every Form Of Tyranny Over The Mind Of Man Address, Philip B. Kurland Jan 1987

Religion And The Constitution: Eternal Hostility Against Every Form Of Tyranny Over The Mind Of Man Address, Philip B. Kurland

Articles

No abstract provided.


The Constitution: The Framers' Intent, The Present And The Future, Philip B. Kurland Jan 1987

The Constitution: The Framers' Intent, The Present And The Future, Philip B. Kurland

Articles

No abstract provided.


Changing Conceptions Of Administration, Cass R. Sunstein Jan 1987

Changing Conceptions Of Administration, Cass R. Sunstein

Articles

No abstract provided.


From Billy Budd To Buchenwald (Reviewing Weisberg, Richard H., The Failure Of The Word: The Protagonist As Lawyer In Modern Fiction (1984)), Richard A. Posner Jan 1987

From Billy Budd To Buchenwald (Reviewing Weisberg, Richard H., The Failure Of The Word: The Protagonist As Lawyer In Modern Fiction (1984)), Richard A. Posner

Articles

No abstract provided.


The Risks Of Risk/Utility, Richard A. Epstein Jan 1987

The Risks Of Risk/Utility, Richard A. Epstein

Articles

No abstract provided.


Commentaries (Symposium: The Federal Courts; The Next 100 Years), Paul M. Bator Jan 1987

Commentaries (Symposium: The Federal Courts; The Next 100 Years), Paul M. Bator

Articles

No abstract provided.


Promissory Estoppel Damages, Mary E. Becker Jan 1987

Promissory Estoppel Damages, Mary E. Becker

Articles

No abstract provided.


The First Amendment Applied To Broadcasting: A Few Misgivings, Paul M. Bator Jan 1987

The First Amendment Applied To Broadcasting: A Few Misgivings, Paul M. Bator

Articles

No abstract provided.


Municipal Liablility Under Sec. 1983: A Legal And Economic Analysis, Larry B. Kramer, Alan O. Sykes Jan 1987

Municipal Liablility Under Sec. 1983: A Legal And Economic Analysis, Larry B. Kramer, Alan O. Sykes

Articles

No abstract provided.


A Research Guide To The Law Of Private Sector Labor-Management Relations, Laura J. Cooper Jan 1987

A Research Guide To The Law Of Private Sector Labor-Management Relations, Laura J. Cooper

Articles

The law of private sector labor management relations involves a technical subject matter and is further complicated by sometimes obscure jurisdictional standards. Researching the area is done most effectively using commercially published looseleaf services. Professor Cooper's guide explores the differences between the two major services, discusses other primary and secondary sources for labor law research and offers a research strategy for labor issues.


The Separation Of Powers Doctrine And The Regulatory Agencies After Bowsher V. Synar, Daniel J. Gifford Jan 1987

The Separation Of Powers Doctrine And The Regulatory Agencies After Bowsher V. Synar, Daniel J. Gifford

Articles

Bowsher v. Synar is the latest in a series of recent cases in which the Supreme Court has elaborated upon and applied the separation of powers doctrine. The Court has cast many of these decisions in wooden, overly conceptual terms, exposing the Court to criticism that it has imposed an elaborately refined organizational framework upon the federal government going vastly beyond the pragmatic intention of the Framers. Despite the inadequacy of the Court's reasoning, however, this Article contends that, overall, the Court's recent decisions possess an underlying merit: They contain the foundation upon which a new and coherent understanding of …


The Juvenile Court Meets The Principle Of The Offense: Legislative Changes In Juvenile Waiver Statutes, Barry C. Feld Jan 1987

The Juvenile Court Meets The Principle Of The Offense: Legislative Changes In Juvenile Waiver Statutes, Barry C. Feld

Articles

At its inception the juvenile court was characterized by procedural informality and individualized, offender-oriented dispositions. Subsequent to the U.S. Supreme Court's 'Gault' decision, which mandated procedural safeguards in the adjudication of delinquency, juvenile court procedures became more formal in the interest of protecting the rights of juveniles, but individualized, offender-oriented dispositions were preserved. The inability of proponents of juvenile rehabilitation to demonstrate the effectiveness of parens patriae intervention, however, has led an increasing number of States to incorporate 'just deserts' sentencing principles in their juvenile justice systems. This emphasis is evidenced in the waiver of juvenile offenders for criminal prosecution …


Medicine And Law: Making Excellent Time But Lost, Judith T. Younger Jan 1987

Medicine And Law: Making Excellent Time But Lost, Judith T. Younger

Articles

No abstract provided.


John W. Reed And The High Style, Theodore J. St. Antoine Jan 1987

John W. Reed And The High Style, Theodore J. St. Antoine

Articles

John Reed is the Fred Astaire of the law school world. That doesn't mean John would win prizes for his waltzing and tangoing; the kinship runs much deeper. There is the same purity of line in gesture and speech, the same trimness of content and grace of expression, and the same ineffable talent for brightening up a scene just by entering it. John certainly brightened up the law school days for this former student, a generation or so ago. We jaded upperclass people actually looked forward to John's Evidence classes, and he seldom if ever let us down. The sessions …