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You Can't Tell The Players In Church-State Disputes Without A Scorecard, Michael W. Mcconnell Jan 1987

You Can't Tell The Players In Church-State Disputes Without A Scorecard, Michael W. Mcconnell

Articles

No abstract provided.


Implicit And Explicit Rights Of Association, Frank H. Easterbrook Jan 1987

Implicit And Explicit Rights Of Association, Frank H. Easterbrook

Articles

No abstract provided.


Preventive Pretrial Detention And The Failure Of Interest-Balancing Approaches To Due Process, Albert W. Alschuler Jan 1987

Preventive Pretrial Detention And The Failure Of Interest-Balancing Approaches To Due Process, Albert W. Alschuler

Articles

No abstract provided.


Allocating Antitrust Decisionmaking Tasks, Frank H. Easterbrook Jan 1987

Allocating Antitrust Decisionmaking Tasks, Frank H. Easterbrook

Articles

Antitrust law has become a branch of industrial organization, itself a branch of economics. Today judges and the antitrust enforcement agencies search at every turn for economic arguments pro and con. This is a staple in academic thought as well-and it makes little difference what stripe. Those who could be called hawks employ economic argument, just as do those who see less scope for antitrust do. Most of the papers delivered at this symposium, like the merger guidelines issued by the National Association Attorneys General (NAAG),' are grounded in economic rather than political theories. More economics lies ahead. But what …


The Fundamentals Of Freedom Of Speech, Richard A. Epstein Jan 1987

The Fundamentals Of Freedom Of Speech, Richard A. Epstein

Articles

No abstract provided.


The Efficiency And The Efficacy Of Title Vii, Richard A. Posner Jan 1987

The Efficiency And The Efficacy Of Title Vii, Richard A. Posner

Articles

No abstract provided.


The Regulation Of The Market In Adoptions, Richard A. Posner Jan 1987

The Regulation Of The Market In Adoptions, Richard A. Posner

Articles

No abstract provided.


Adjudicatory Jurisdiction And Class Actions, Diane P. Wood Jan 1987

Adjudicatory Jurisdiction And Class Actions, Diane P. Wood

Articles

No abstract provided.


Self-Interest And The Constitution, Richard A. Epstein Jan 1987

Self-Interest And The Constitution, Richard A. Epstein

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.


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.


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.


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.


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 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.


Guerilla Decisionmaking: Judicial Review Of Risk Assessments, William H. Rodgers, Jr. Jan 1987

Guerilla Decisionmaking: Judicial Review Of Risk Assessments, William H. Rodgers, Jr.

Articles

This paper describes four types of uncertainty confronted by decisionmakers undertaking risk assessments. It then discusses individual and institutional responses to uncertainty; these include both formal attempts to acquire more information, and pragmatic efforts to isolate and act upon salient considerations. The tendency of decisionmakers to narrow the agenda and search for a decisive datum or metaphor is called guerilla decisionmaking. Courts oversee agency decisions by techniques known widely in the legal community as the hard-look doctrine. This doctrine is defined, and the case law is used to illustrate how courts insist upon identification of salient risk-assessment factors and the …


Wait-And-See: The New American Uniform Act On Perpetuities, Lawrence W. Waggoner Jan 1987

Wait-And-See: The New American Uniform Act On Perpetuities, Lawrence W. Waggoner

Articles

The wait-and-see version of perpetuity reform has gained a new champion in the United States. The National Conference of Commissioners on Uniform State Laws-the body responsible for promulgating uniform legislation, such as the Uniform Commercial Code, for recommended enactment by the federal states-recently approved a Uniform Statutory Rule Against Perpetuities. Shortly thereafter, the Uniform Act was endorsed by the House of Delegates of the American Bar Association, the Board of Regents of the American College of Probate Counsel, and the Board of Governors of the American College of Real Estate Lawyers.


In Defense Of Administrative Agency Autonomy, A. Michael Froomkin Jan 1987

In Defense Of Administrative Agency Autonomy, A. Michael Froomkin

Articles

No abstract provided.


Ocean Incineration Of Hazardous Waste Symposium: Toxic Waste: Corporate And Government Responsibility, William L. Andreen Jan 1987

Ocean Incineration Of Hazardous Waste Symposium: Toxic Waste: Corporate And Government Responsibility, William L. Andreen

Articles

No abstract provided.


New T-Designs Found By Basis Reduction, Donald Kreher, Stanislaw Radziszowski Jan 1987

New T-Designs Found By Basis Reduction, Donald Kreher, Stanislaw Radziszowski

Articles

At the Seventeenth Southeastern International Conference on Combinatorics, Graph Theory and Computing we presented a new algorithm for finding t-(v,k,?) designs without repeated blocks. The central idea of the algorithm was basis reduction. This year we report on the success we have had using it. Namely, the construction of several new simple t-designs including a 4-(12,6,10) design, a 6-(14,7,4) design and 5-(28,6,?) designs for each admissible ?, ? != 1 (or 22). See article for exact formulas.


Response To Roger Cramton's Article, James Boyd White Jan 1987

Response To Roger Cramton's Article, James Boyd White

Articles

I want to direct attention to only one of the many important issues raised by Professor Cramton's article, namely the peculiar division between academic and religious thought in our culture. In the academic world we tend to speak as though all participants in our conversations were purely rational actors engaged in rational debate; perhaps some people out there in the world are sufficiently benighted that they turn to religious beliefs or other superstitions, but that is not true of us or, if it is true, we hide it, and it ought not be true of them. Ours is a secular …


Taking From Farm Lenders And Farm Debtors: Chapter 12 Of The Bankruptcy Code, James J. White Jan 1987

Taking From Farm Lenders And Farm Debtors: Chapter 12 Of The Bankruptcy Code, James J. White

Articles

In passing Chapter 12 of the Bankruptcy Reform Act, Congress has effectively invalidated certain important provisions of existing farm mortgages. Equally significant, Congress has disabled farmers from granting binding mortgages on the full, value of their property. Although no court is likely to find the Chapter to violate the fifth amendment, the Chapter constitutes a substantial and retroactive alteration of the rights of existing mortgagees and a restriction on the powers of prospective mortgagors to grant valid mortgages. The thesis of this paper is that Congress was both wrong and shortsighted in its enactment of Chapter 12. Congress was wrong …


Loss Of Innocence: Eyewitness Identification And Proof Of Guilt, Samuel R. Gross Jan 1987

Loss Of Innocence: Eyewitness Identification And Proof Of Guilt, Samuel R. Gross

Articles

It is no news that eyewitness identification in criminal cases is a problem; it is an old and famous problem. Judges and lawyers have long known that the identification of strangers is a chancy matter, and nearly a century of psychological research has confirmed this skeptical view. In 1967 the Supreme Court attempted to mitigate the problem by regulating the use of eyewitness identification evidence in criminal trials; since then it has retreated part way from that effort. Legal scholars have written a small library of books and articles on this problem, the courts' response to it, and various proposed …


Redesigning The Spouse's Forced Share, John H. Langbein, Lawrence W. Waggoner Jan 1987

Redesigning The Spouse's Forced Share, John H. Langbein, Lawrence W. Waggoner

Articles

American forced-share law underwent a major round of reform in the 1960s. The main objective was to prevent the decedent from engaging in "fraud on the widow's share," that is, using nominal inter vivos transfers to evade the surviving spouse's forced-share entitlement. In jurisdictions that follow the Uniform Probate Code of 1969 (UPC), that mischief has been eradicated. The UPC, which is discussed in some detail below, extends the forced-share entitlement to property that has been the subject of inter vivos transfer. In the present article we develop the view that the time has come for a further round of …


Law And Metaphysics, Charles M. Yablon Jan 1987

Law And Metaphysics, Charles M. Yablon

Articles

No abstract provided.


Judicial Trial Skills Training, Stephen Simon, Bertrand Poritsky Jan 1987

Judicial Trial Skills Training, Stephen Simon, Bertrand Poritsky

Articles

The University of Minnesota Law School and the Minnesota Supreme Court Office of Continuing Education for State Court Personnel have initiated a unique and dynamic Judicial Trial Skills Training Program. Newly appointed judges participate in videotaped simulated trials designed to present the participating judges with numerous evidentiary and trial relationship issues. The videotapes of these trials are reviewed and cri- tiqued by the participating judge and a senior judge to give the participat-' ingjudges immediate feedback on their performance. The review session is used to discuss the various skills that judges must develop in order to conduct fair and efficient …


Corruption In Mexico: Implications For U.S. Foreign Policy, Keith S. Rosenn Jan 1987

Corruption In Mexico: Implications For U.S. Foreign Policy, Keith S. Rosenn

Articles

No abstract provided.


Intellectual Integration, James Boyd White Jan 1987

Intellectual Integration, James Boyd White

Articles

In this paper, I want to talk about the activity of intellectual integration itself: about what it can mean to integrate-to put together in a complex whole-aspects of our culture, or of the world, that seem to us disparate or unconnected; and what it can mean in so doing to integrate-to bring together in interactive life-aspects of our own minds and beings that we normally separate or divide from each other: I want to think of integration, that is-and of its opposite, disintegration-as taking place on two planes of existence at once, the cultural and the individual. For what is …