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Articles 12751 - 12780 of 14081
Full-Text Articles in Entire DC Network
Possession And Ownership: An Examination Of The Scope Of Article 9, Douglas G. Baird, Thomas H. Jackson
Possession And Ownership: An Examination Of The Scope Of Article 9, Douglas G. Baird, Thomas H. Jackson
Articles
No abstract provided.
Statutes' Domains, Frank H. Easterbrook
Common Law, Labor Law, And Reality: A Rejoinder To Professors Getman And Kohler, Richard A. Epstein
Common Law, Labor Law, And Reality: A Rejoinder To Professors Getman And Kohler, Richard A. Epstein
Articles
No abstract provided.
A Common Law For Labor Relations: A Critique Of The New Deal Labor Legislation, Richard A. Epstein
A Common Law For Labor Relations: A Critique Of The New Deal Labor Legislation, Richard A. Epstein
Articles
No abstract provided.
From The Gold Clause Cases To The Gold Commission: A Half Century Of American Monetary Law, Kenneth W. Dam
From The Gold Clause Cases To The Gold Commission: A Half Century Of American Monetary Law, Kenneth W. Dam
Articles
No abstract provided.
Extraterritoriality And Conflicts Of Jurisdiction, Kenneth W. Dam
Extraterritoriality And Conflicts Of Jurisdiction, Kenneth W. Dam
Articles
No abstract provided.
Statutory Interpretation--In The Classroom And In The Courtroom, Richard A. Posner
Statutory Interpretation--In The Classroom And In The Courtroom, Richard A. Posner
Articles
This paper continues a discussion begun in an earlier paper in this journal.1 That paper dealt primarily with the implications for statutory interpretation of the interest-group theory of legislation, recently revivified by economists; it also dealt with constitutional interpretation. This paper focuses on two topics omitted in the earlier one: the need for better instruction in legislation in the law schools and the vacuity of the standard guideposts to reading statutes- the "canons of construction." The topics turn out to be related. The last part of the paper contains a positive proposal on how to interpret statutes.
In Opposition To The School Prayer Amendment, Geoffrey R. Stone
In Opposition To The School Prayer Amendment, Geoffrey R. Stone
Articles
No abstract provided.
Content Regulation And The First Amendment, Geoffrey R. Stone
Content Regulation And The First Amendment, Geoffrey R. Stone
Articles
No abstract provided.
The Constitution In The Supreme Court: Contracts And Commerce, 1836-1864, David P. Currie
The Constitution In The Supreme Court: Contracts And Commerce, 1836-1864, David P. Currie
Articles
Continuing a study of the first hundred years of constitutional litigation, Professor Currie explores the decisions of the Taney period respecting the Contract and Commerce Clauses. Though early decisions of the Taney Court seemed to portend a departure from the nationalism of its predecessor, the author argues that the impression was largely misleading. In general, for example, the Court under Taney proved rather sympathetic to contract rights. In Commerce Clause cases, after being badly split, the Court was able to agree on a longlasting formula that acknowledged an implicit limitation on state power, and although in the Taney period the …
Equitable Division And The Law Of Finders, Richard H. Helmholz
Equitable Division And The Law Of Finders, Richard H. Helmholz
Articles
No abstract provided.
Hail To The Chief: Earl Warren And The Supreme Court, Dennis J. Hutchinson
Hail To The Chief: Earl Warren And The Supreme Court, Dennis J. Hutchinson
Articles
No abstract provided.
The Business Of The Supreme Court, O.T. 1982, Dennis J. Hutchinson, Philip B. Kurland
The Business Of The Supreme Court, O.T. 1982, Dennis J. Hutchinson, Philip B. Kurland
Articles
No abstract provided.
Optimal Sanctions For Antitrust Violations, William M. Landes
Optimal Sanctions For Antitrust Violations, William M. Landes
Articles
No abstract provided.
The Most Insignificant Justice: A Preliminary Inquiry, David P. Currie
The Most Insignificant Justice: A Preliminary Inquiry, David P. Currie
Articles
No abstract provided.
The Sovereignty Of The Courts, Edward Hirsch Levi
Bankruptcy Judges And The Independent Judiciary, David P. Currie
Bankruptcy Judges And The Independent Judiciary, David P. Currie
Articles
No abstract provided.
The Media And The Courts: A Troubled Symbiosis, Donald L. Burnett Jr.
The Media And The Courts: A Troubled Symbiosis, Donald L. Burnett Jr.
Articles
No abstract provided.
Suing Government, Cass R. Sunstein
The Surveys That Broke Monopoly, Hans Zeisel
Dissenting Opinions By Supreme Court Justices In Federal Income Tax Controversies, Walter J. Blum
Dissenting Opinions By Supreme Court Justices In Federal Income Tax Controversies, Walter J. Blum
Articles
No abstract provided.
Treatment Of Interest On Debtor Obligations In Reorganizations Under The Bankruptcy Code, Walter J. Blum
Treatment Of Interest On Debtor Obligations In Reorganizations Under The Bankruptcy Code, Walter J. Blum
Articles
No abstract provided.
The New Deal Regulatory Model: A History Of Criticisms And Refinements, Daniel J. Gifford
The New Deal Regulatory Model: A History Of Criticisms And Refinements, Daniel J. Gifford
Articles
When the Roosevelt administration took office in March 1933, the nation was suffering from the onslaught of the Great Depression. The complex set of economic and regulatory policies constituting President Franklin Roosevelt's "New Deal" focused primarily on restoring health to the economy and secondarily on achieving a modicum of income redistribution. The Roosevelt administration, however, possessed neither a clear understanding of the causes of the Depression, nor a coherent, stable, and workable scheme for ending it. Nevertheless, that administration's tenure produced widespread federal economic regulation and brought ferment, imagination, and creativity to theoretical and practical regulatory techniques.
Discretionary Decisionmaking In The Regulatory Agencies: A Conceptual Framework, Daniel J. Gifford
Discretionary Decisionmaking In The Regulatory Agencies: A Conceptual Framework, Daniel J. Gifford
Articles
For years, Professor Kenneth Culp Davis has directed the professional public's attention to the prevalence of what he believes to be insufficiently confined administrative discretion. 1 Davis has found powers of unduly wide latitude in agencies and administrators, such as tax collectors, 2 police officers, 3 welfare administrators, 4 and independent agencies supervising business behavior. 5 In general, Davis recommends confining the discretionary powers of agencies and officials more narrowly than they have been done in the past. He suggests that where discretion cannot practically be so confined, it should be "checked" or "structured." 6 Thus, Davis urges that "one …
Litigation Abuse And The Law Schools, John W. Reed
Litigation Abuse And The Law Schools, John W. Reed
Articles
At the Ninth Circuit Judicial Conference in July, 1983, one session was devoted to a discussion of "Excessive Discovery: A Symptom of Litigation Abuse." (Without knowing, I would guess that a similar title appeared on just about every judicial conference program this year-and last year, and the one before that.) Frank Rothman, President of MGM/United Artists, addressed the subject from the point of view of a corporate client, and his remarks are printed in this issue, beginning at page 342. Judges and trial lawyers expressed their views. And I was asked to comment on the extent to which the law …
Perpetuation Of Past Discrimination, Eric Schnapper
Perpetuation Of Past Discrimination, Eric Schnapper
Articles
Part I of this Article offers several justifications for providing remedies for present harms that are caused by past acts of discrimination. Part II describes the different ways in which past discrimination can cause a present injury, and suggests for each way the appropriate legal standard for deciding when there is a present constitutional violation. Part III discusses the problems likely to arise in administering the suggested standards, and concludes that these problems are not inherently different from those involved in ordinary discrimination cases.
Comment, Bernard H. Oxman
Extraordinary Writ Practice In Criminal Cases: Analogies For The Military Courts, Edward H. Cooper
Extraordinary Writ Practice In Criminal Cases: Analogies For The Military Courts, Edward H. Cooper
Articles
Extraordinary writs have two central functions in the hands of appellate courts. One is to enforce the court's mandate; there is no particular difficulty with this use of the writs, and no more need be said about it. The other function is to circumvent the ordinary channels of appellate review. In this function, writs operate as appeals in all but name. As this use has become more and more routine, it would be more appropriate to speak of them as "appeals writs" rather than extraordinary writs. My assignment is to speak of the experience with appeals writs in criminal cases …
The Invisible Discourse Of The Law: Reflections On Legal Literacy And General Education, James Boyd White
The Invisible Discourse Of The Law: Reflections On Legal Literacy And General Education, James Boyd White
Articles
My subject today is "legal literacy," but to put it that way requires immediate clarification, for that phrase has a wide range of possible meanings with many of which we shall have nothing to do. At one end of its spectrum of significance, for example, "legal literacy" means full competence in legal discourse, both as reader and as writer. This kind of literacy is the object of a professional education, and it requires not only a period of formal schooling but years of practice as well. Indeed, as is also the case with other real languages, the ideal of perfect …
Suicide And The Failure Of Modern Moral Theory, Donald H. Regan
Suicide And The Failure Of Modern Moral Theory, Donald H. Regan
Articles
The question I want to address is when and why suicide is morally wrong. There is something peculiar in my writing on this question at all. It will soon become apparent that although I think suicide involves genuine moral issues. I also think that the moral problem of suicide is a problem which most people answer correctly. That is, I think that in the vast majority of cases where people ought not to commit suicide, they do not. They are not even tempted. Conversely, most people who do commit suicide, or who want to, are either justified or at least …