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Protecting Autonomy And Personhood In Human Subjects Research, Helen Leskovac, Richard Delgado Jan 1986

Protecting Autonomy And Personhood In Human Subjects Research, Helen Leskovac, Richard Delgado

Articles

No abstract provided.


Informed Consent In Human Experimentation: Bridging The Gap Between Ethical Thought And Current Practice, Richard Delgado, Helen Leskovac Jan 1986

Informed Consent In Human Experimentation: Bridging The Gap Between Ethical Thought And Current Practice, Richard Delgado, Helen Leskovac

Articles

No abstract provided.


Beyond Words Of Exhortation: The Congressional Prescription For Vigorous Federal Enforcement Of The Clean Water Act, William L. Andreen Jan 1986

Beyond Words Of Exhortation: The Congressional Prescription For Vigorous Federal Enforcement Of The Clean Water Act, William L. Andreen

Articles

No abstract provided.


International Legal Action Against Apartheid, David Weissbrodt, Georgina Mahoney Jan 1986

International Legal Action Against Apartheid, David Weissbrodt, Georgina Mahoney

Articles

Apartheid in Southern Africa represents one of the greatest challenges, one of the greatest success stories, and one of the most frustrating defeats of the international human rights movement. This article first introduces international human rights and the in- ternational law of human rights-particularly as they relate to apartheid.Second, the article sketches the work of the Interna- tional Court of Justice, which has rendered three significant human rights decisions concerning Namibia. Having begun to dis- cuss Namibia, the article also examines the work of the Security Council, General Assembly, and other United Nations bodies con- cerning Namibia.


Criminal Procedure In A Conservative Age: A Time To Rediscover The Critical Nonconstitutional Issues, Richard Frase Jan 1986

Criminal Procedure In A Conservative Age: A Time To Rediscover The Critical Nonconstitutional Issues, Richard Frase

Articles

Criminal procedure is changing fast these days, but teachers of criminal procedure are not. Most of us have probably given considerable thought to the philosophical and doctrinal significance of the Supreme Court's increasingly conservative approach to constitutional issues, but have we thought about the broader pedagogic and professional implications of this major doctrinal shift? For me. the current conservative trend raises fundamental questions about the kinds of issues we should be addressing in our teaching, research, and public service activities. In particular. we need to start asking ourselves whether our traditional heavy emphasis on constitutional issues (which has been going …


Depositions Of Corporations: Problems And Solutions-Fed. R. Civ. P. 30(B)(6), M. Minnette Massey Jan 1986

Depositions Of Corporations: Problems And Solutions-Fed. R. Civ. P. 30(B)(6), M. Minnette Massey

Articles

No abstract provided.


Antarctica And The New Law Of The Sea, Bernard H. Oxman Jan 1986

Antarctica And The New Law Of The Sea, Bernard H. Oxman

Articles

No abstract provided.


Law-The Last Of The Universal Disciplines, Soia Mentschikoff, Irwin P. Stotzky Jan 1986

Law-The Last Of The Universal Disciplines, Soia Mentschikoff, Irwin P. Stotzky

Articles

No abstract provided.


The 'Legalization' Of The Family: Toward A Policy Of Supportive Neutrality, David L. Chambers Jun 1985

The 'Legalization' Of The Family: Toward A Policy Of Supportive Neutrality, David L. Chambers

Articles

The word "legalization" has conflicting meanings. One, intended to sound the theme of this conference, conveys the notion of government regulation permeating some area of human activity. The other-as found, for example, in the phrase "the legalization of marijuana"-is a near opposite: the process of making legal or permissible that which. was previously forbidden, taking government out of that which it had previously controlled. The recent history of government's relationship to the family amply displays both sorts of legalization, both government's intrusion and its withdrawal, and reveals a paradoxical relation between the two-that as government frees people to live their …


Paternalism, James W. Nickel Apr 1985

Paternalism, James W. Nickel

Articles

No abstract provided.


Freedom From Freedom Of Contract: The Enduring Value Of Servitude Restrictions, Stewart E. Sterk Mar 1985

Freedom From Freedom Of Contract: The Enduring Value Of Servitude Restrictions, Stewart E. Sterk

Articles

The article examines the legal and policy implications of enforcing contractual servitudes that bind successors-in-interest to land, arguing that unrestricted enforcement could lead to significant externalities and transaction costs. While Richard Epstein advocates for maximal contractual freedom, the analysis highlights the need for doctrinal limitations to protect future generations and public interests. The article critiques existing doctrines like the touch and concern requirement, changed conditions doctrine, and durational limitations, proposing reforms to balance private autonomy with broader societal concerns.


Positive And Normative Elements In Legal Education, Richard A. Epstein Jan 1985

Positive And Normative Elements In Legal Education, Richard A. Epstein

Articles

No abstract provided.


Two Fallacies In The Law Of Joint Torts, Richard A. Epstein Jan 1985

Two Fallacies In The Law Of Joint Torts, Richard A. Epstein

Articles

No abstract provided.


Wrongful Possession Of Chattels: Hornbook Law And Case Law, Richard H. Helmholz Jan 1985

Wrongful Possession Of Chattels: Hornbook Law And Case Law, Richard H. Helmholz

Articles

No abstract provided.


Afterword: Knowledge And Answers, Frank H. Easterbrook Jan 1985

Afterword: Knowledge And Answers, Frank H. Easterbrook

Articles

No abstract provided.


Tying Privacy In Knotts: Beeper Monitoring And Collective Fourth Amendment Rights, Richard H. Mcadams Jan 1985

Tying Privacy In Knotts: Beeper Monitoring And Collective Fourth Amendment Rights, Richard H. Mcadams

Articles

No abstract provided.


Explaining Restitution, Saul Levmore Jan 1985

Explaining Restitution, Saul Levmore

Articles

No abstract provided.


Wealth Maximization Revisited, Richard A. Posner Jan 1985

Wealth Maximization Revisited, Richard A. Posner

Articles

No abstract provided.


Law And The Theory Of Finance: Some Intersections, Richard A. Posner Jan 1985

Law And The Theory Of Finance: Some Intersections, Richard A. Posner

Articles

No abstract provided.


The Constitution As Mirror: Tribe's Constitutional Choices (Reviewing Laurence H. Tribe, Constitutional Choices (1985)), Richard A. Posner Jan 1985

The Constitution As Mirror: Tribe's Constitutional Choices (Reviewing Laurence H. Tribe, Constitutional Choices (1985)), Richard A. Posner

Articles

No abstract provided.


Getting Beyond Discrimination: A Regulatory Solution To The Problem Of Fetal Hazards In The Workplace, Emily Buss Jan 1985

Getting Beyond Discrimination: A Regulatory Solution To The Problem Of Fetal Hazards In The Workplace, Emily Buss

Articles

No abstract provided.


The Constitution In The Supreme Court: 1910-1921, David P. Currie Jan 1985

The Constitution In The Supreme Court: 1910-1921, David P. Currie

Articles

No abstract provided.


Introduction To The Symposium On Legal Structures For Managing The Pacific Northwest Salmon And Steelhead: The Biological And Historical Context, Dale Goble Jan 1985

Introduction To The Symposium On Legal Structures For Managing The Pacific Northwest Salmon And Steelhead: The Biological And Historical Context, Dale Goble

Articles

No abstract provided.


Public Policy, The Constitution, And The Supreme Court, Philip B. Kurland Jan 1985

Public Policy, The Constitution, And The Supreme Court, Philip B. Kurland

Articles

No abstract provided.


Custody Investigation In Divorce Cases: The New York Law Revision Commission Proposal In Perspective, Robert Levy Jan 1985

Custody Investigation In Divorce Cases: The New York Law Revision Commission Proposal In Perspective, Robert Levy

Articles

No abstract provided.


Federal Regulation Of The Workplace In The Next Half Century, Theodore J. St. Antoine Jan 1985

Federal Regulation Of The Workplace In The Next Half Century, Theodore J. St. Antoine

Articles

Even the general circulation press, from the New York Times to the Los Angeles Times to Business Week, has taken to examining the current malaise of the labor movement and the increased emphasis upon ensuring the safety, health, and economic security of employees through direct governmental regulation rather than through collective bargaining. What accounts for this upsurge of scholarly and popular interest in labor relations and labor law? There are undoubtedly multiple causes but I should like to focus on a couple of reasons that seem preeminent to me.


Bistabiity By Induced Waveguiding In Coupled Semiconductor Lasers, Daniel Heffernan, J. Mcinerney, L. Reekie, D. Bradley Jan 1985

Bistabiity By Induced Waveguiding In Coupled Semiconductor Lasers, Daniel Heffernan, J. Mcinerney, L. Reekie, D. Bradley

Articles

Recently, McInerney, Reekie, and Bradley observed bistability in twin diode GaAs/GaAlAs injection lasers in an external cavity when both diodes were above threshold. We show that this bistability may be explained by a form of self-focusing which is produced by induced waveguiding in the wide stripe lasers. A detailed analysis is performed on a standard model of these diodes in an external cavity. We have found very good agreement between theory and experiment.


Preparation Of The Multistate Bar Examination: One Drafting Committee's Perspective, John W. Reed Jan 1985

Preparation Of The Multistate Bar Examination: One Drafting Committee's Perspective, John W. Reed

Articles

One who wants to know how the Multistate Bar Examination is created should begin by learning how the drafting committees work. My assignment is to describe the work of one of those committees: the Evidence Committee. Though there are differences among the six committees, they mostly are ones of style, and to learn how to operate in the evidence group is to understand the process generally.


The Funding Of Children's Educational Costs, Douglas A. Kahn Jan 1985

The Funding Of Children's Educational Costs, Douglas A. Kahn

Articles

A plan for reduction of educational costs should take federal transfer taxes into account. The method chosen for reducing income tax liability usually will involve making gifts. To the extent that it is convenient to do so, the transfer tax consequences of making such gifts should be minimized. This article will examine the estate and gift tax consequences of the income tax reduction arrangements described herein and will consider means of structuring the transactions so as to minimize those consequences.


The Un-Easy Case For Technological Optimism, James E. Krier, Clayton P. Gillette Jan 1985

The Un-Easy Case For Technological Optimism, James E. Krier, Clayton P. Gillette

Articles

"Technological optimism" is a term of art, an article of faith, and a theory of politics. It is a view that pervades modem attitudes, yet gets little explicit attention. For a brief period the situation was otherwise. In the early 1970s, the optimistic outlook figured prominently in an important debate about nothing less than the future of the world. Technological optimism won. The outcome was unsurprising, given the nature of the argument. On one side of the debate was a group of self-proclaimed Malthusians who foresaw an impending period of stark scarcity unless relatively drastic remedial steps were quickly taken; …