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Institution
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Articles 301 - 330 of 360

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A Tribute To Justice William J. Brennan, Jr., Richard A. Posner Nov 1990

A Tribute To Justice William J. Brennan, Jr., Richard A. Posner

Articles

No abstract provided.


Law And Economics Is Moral, Richard A. Posner Jan 1990

Law And Economics Is Moral, Richard A. Posner

Articles

No abstract provided.


The United States-Dakota War Trials: A Study In Military Injustice, Carol Chomsky Jan 1990

The United States-Dakota War Trials: A Study In Military Injustice, Carol Chomsky

Articles

Between September 28 and November 3, 1862, in southwestern Minnesota, nearly four hundred Dakota 1 men were tried for murder, rape, and robbery. All but seventy were convicted, and 303 of these were condemned to die. 2 After an official review of the trials, the sentences of thirty-eight were confirmed and, on December 26, 1862, these thirty-eight were hanged in Mankato, Minnesota, in the largest mass execution in American history. On November 11, 1865, after three additional trials, two more Dakota followed them to the gallows.


Norms And Normal Science: Toward A Critique Of Normativity In Legal Thought, Richard Delgado Jan 1990

Norms And Normal Science: Toward A Critique Of Normativity In Legal Thought, Richard Delgado

Articles

No abstract provided.


Israel And The Palestinians, Gidon A. G. Gottlieb Oct 1989

Israel And The Palestinians, Gidon A. G. Gottlieb

Articles

No abstract provided.


Reaction To Terrorism: A Jewish Law Caveat, J. David Bleich Apr 1989

Reaction To Terrorism: A Jewish Law Caveat, J. David Bleich

Articles

No abstract provided.


Discovery As Abuse, Frank H. Easterbrook Jan 1989

Discovery As Abuse, Frank H. Easterbrook

Articles

No abstract provided.


Rent Control Revisited: One Reply To Seven Critics, Richard A. Epstein Jan 1989

Rent Control Revisited: One Reply To Seven Critics, Richard A. Epstein

Articles

No abstract provided.


Terrorism On The High Seas: The Achille Lauro, Piracy And The Imo Convention On Maritime Safety, Malvina Halberstam Apr 1988

Terrorism On The High Seas: The Achille Lauro, Piracy And The Imo Convention On Maritime Safety, Malvina Halberstam

Articles

No abstract provided.


Strategic Delays And Fiduciary Duties, Saul Levmore Jan 1988

Strategic Delays And Fiduciary Duties, Saul Levmore

Articles

No abstract provided.


The Right To Life During Armed Conflict: Disabled Peoples' International V. United States, David Weissbrodt, Beth Andrus Jan 1988

The Right To Life During Armed Conflict: Disabled Peoples' International V. United States, David Weissbrodt, Beth Andrus

Articles

Because of persecution, civil war, and economic despair, millions of people flee from their homes and go to live in other countries where they can stabilize their lives and find a safe place for themselves and their families. In 1998, the United Nations High Commissioner for Refugees estimated the number of people fleeing their home countries to exceed 22 million. 1 The right to seek and enjoy asylum is a well established principle in international law. 2 It has, however, been interpreted consistently as the right of the sovereign state to grant or deny asylum to those within its territory, …


Comment On 'After The Imperial Presidency', Philip B. Kurland Jan 1987

Comment On 'After The Imperial Presidency', Philip B. Kurland

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 …


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

The Beard Thesis And Franklin Roosevelt, Cass R. Sunstein

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.


The Antinomies Of Poverty Law And A Theory Of Dialogic Empowerment, Anthony V. Alfieri Jan 1987

The Antinomies Of Poverty Law And A Theory Of Dialogic Empowerment, Anthony V. Alfieri

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.


Integrity And Circumspection: The Labor Law Vision Of Bernard D. Meltzer, Theodore J. St. Antoine Jan 1986

Integrity And Circumspection: The Labor Law Vision Of Bernard D. Meltzer, Theodore J. St. Antoine

Articles

Bernard Meltzer has testified under oath that he "rarely take[s] absolute positions." The record bears him out. While his colleagues among labor law scholars often strain to demonstrate that the labor relations statutes and even the Constitution support their hearts' desires, the typical Meltzer stance is one of cool detachment, pragmatic assessment, and cautious, balanced judgment. The "itch to do good," Meltzer has remarked wryly, "is a doubtful basis for jurisdiction" -or, he would likely add, for any other legal conclusion. In this brief commentary I propose to examine the Meltzer approach to four broad areas of labor law: (1) …


Failed Pragmatism: Reflections On The Burger Court Commentaries, Albert W. Alschuler Jan 1986

Failed Pragmatism: Reflections On The Burger Court Commentaries, Albert W. Alschuler

Articles

No abstract provided.


Why Be Tolerant? (Reviewing Lee C. Bollinger, The Tolerant Society: Freedom Of Speech And Extremist Speech In America (1986)), David A. Strauss Jan 1986

Why Be Tolerant? (Reviewing Lee C. Bollinger, The Tolerant Society: Freedom Of Speech And Extremist Speech In America (1986)), David A. Strauss

Articles

No abstract provided.


The Origins Of The Religion Clauses Of The Constitution, Philip B. Kurland Jan 1986

The Origins Of The Religion Clauses Of The Constitution, Philip B. Kurland

Articles

No abstract provided.


Terrorism, Malvina Halberstam Jan 1986

Terrorism, Malvina Halberstam

Articles

No abstract provided.


Gift, Sale, Payment, Raid: Case Studies In The Negotiation And Classification Of Exchange In Medieval Iceland, William I. Miller Jan 1986

Gift, Sale, Payment, Raid: Case Studies In The Negotiation And Classification Of Exchange In Medieval Iceland, William I. Miller

Articles

Near the end of Eyrbyggja saga Porir asks Ospak and his men where they had gotten the goods they were carrying. Ospak said that they had gotten them at Pambardal. "How did you come by them?" said Porir. Ospak answered, "They were not given, they were not paid to me, nor were they sold either." Ospak had earlier that evening raided the house of a farmer called Alf and made away with enough to burden four horses. And this was exactly what he told Porir when he wittily eliminated the other modes of transfer by which he could have acquired …


Authorization Cards And Union Representation Election Outcome: An Empirical Assessment Of The Assumption Underlying The Supreme Court's Gissel Decision, Laura J. Cooper Jan 1984

Authorization Cards And Union Representation Election Outcome: An Empirical Assessment Of The Assumption Underlying The Supreme Court's Gissel Decision, Laura J. Cooper

Articles

The National Labor Relations Act created the National Labor Re- lations Board (NLRB) and vested the Board with two principal respon- sibilities. First, the NLRB is responsible for conducting secret ballot elections among employees to ascertain whether they desire a collective bargaining representative.' Second, the NLRB is responsible for reme- dying unfair labor practices.2 These dual responsibilities, protection of employee free choice and remediation of unfair labor practices, may conflict when the Board is asked to provide a remedy for unfair labor practices that occur during the course of a union representation elec- tion campaign. The Board has been concerned …


The Regime Of Warships Under The United Nations Convention On The Law Of The Sea, Bernard H. Oxman Jan 1984

The Regime Of Warships Under The United Nations Convention On The Law Of The Sea, Bernard H. Oxman

Articles

No abstract provided.


The Language Of The Arms Race: Should The People Limit Government Speech, Richard Delgado Jan 1984

The Language Of The Arms Race: Should The People Limit Government Speech, Richard Delgado

Articles

No abstract provided.


Legal Barriers To Worker Participation In Management Decision Making, Theodore J. St. Antoine Jan 1984

Legal Barriers To Worker Participation In Management Decision Making, Theodore J. St. Antoine

Articles

Collective bargaining lies at the heart of the union-management relationship. It is the end and purpose of the whole effort to protect employees against reprisals when they form an organization to represent them in dealing with their employers. Collective bargaining is grounded in the belief that industrial strife will be checked, and the workers' lot bettered, if workers are given an effective voice in determining the conditions of their employment. My thesis is that federal law, even while placing the force of government behind collective bargaining, has so artificially confined its scope that the process has been seriously impeded from …


Interstate Exploitation And Judicial Intervention, Saul Levmore Jan 1983

Interstate Exploitation And Judicial Intervention, Saul Levmore

Articles

No abstract provided.


The Meaning Of Judicial Self-Restraint, Richard A. Posner Jan 1983

The Meaning Of Judicial Self-Restraint, Richard A. Posner

Articles

No abstract provided.


Public Employee Strikes, Executive Discretion, And The Air Traffic Controllers, Cass R. Sunstein, Bernard D. Meltzer Jan 1983

Public Employee Strikes, Executive Discretion, And The Air Traffic Controllers, Cass R. Sunstein, Bernard D. Meltzer

Articles

No abstract provided.