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Constitutional Vision, Geoffrey R. Stone Jan 1991

Constitutional Vision, Geoffrey R. Stone

Articles

No abstract provided.


Crisis In The Criminal Justice System The Socio-Economic Struggle For Equality, Randolph N. Stone Jan 1991

Crisis In The Criminal Justice System The Socio-Economic Struggle For Equality, Randolph N. Stone

Articles

No abstract provided.


Tradition, Precedent, And Justice Scalia, David A. Strauss Jan 1991

Tradition, Precedent, And Justice Scalia, David A. Strauss

Articles

No abstract provided.


Persuasion, Autonomy, And Freedom Of Expression, David A. Strauss Jan 1991

Persuasion, Autonomy, And Freedom Of Expression, David A. Strauss

Articles

No abstract provided.


The Single Owner Revisited: A Brief Reply To Professor Lewin, Richard A. Epstein Jan 1991

The Single Owner Revisited: A Brief Reply To Professor Lewin, Richard A. Epstein

Articles

No abstract provided.


Introduction: European Convergence, Gerhard Casper Jan 1991

Introduction: European Convergence, Gerhard Casper

Articles

No abstract provided.


A Clash Of Two Cultures: Will The Tort System Survive Automobile Insurance Reform?, Richard A. Epstein Jan 1991

A Clash Of Two Cultures: Will The Tort System Survive Automobile Insurance Reform?, Richard A. Epstein

Articles

No abstract provided.


Regulation--And Contract--In Environmental Law, Richard A. Epstein Jan 1991

Regulation--And Contract--In Environmental Law, Richard A. Epstein

Articles

No abstract provided.


The Legal Regulation Of Lawyers' Conflicts Of Interest, Richard A. Epstein Jan 1991

The Legal Regulation Of Lawyers' Conflicts Of Interest, Richard A. Epstein

Articles

No abstract provided.


Conflicts Between Religious And Secular Law: Common Themes In The English Experience, 1250-1640, Richard H. Helmholz Jan 1991

Conflicts Between Religious And Secular Law: Common Themes In The English Experience, 1250-1640, Richard H. Helmholz

Articles

No abstract provided.


Meta, Patricia Durr Jan 1991

Meta, Patricia Durr

Articles

For a class project, two young college students interview a Holocaust survivor who is Deaf and discover the atrocities of the Holocaust through the woman's stories.


Effectuating The Customer's Right To Stop Payment Of A Check: The Forgotten Section 4-401, D. Benjamin Beard Jan 1991

Effectuating The Customer's Right To Stop Payment Of A Check: The Forgotten Section 4-401, D. Benjamin Beard

Articles

No abstract provided.


Introduction To The First Annual Review Of Community Property Law, Elizabeth Brandt Jan 1991

Introduction To The First Annual Review Of Community Property Law, Elizabeth Brandt

Articles

No abstract provided.


Flimsy Precedent And Narrow Vision: A Call For Congressional Amendment Of Title Vii And The Ada In Response To Boureslan, Monique C. Lillard Jan 1991

Flimsy Precedent And Narrow Vision: A Call For Congressional Amendment Of Title Vii And The Ada In Response To Boureslan, Monique C. Lillard

Articles

No abstract provided.


Community Income, Federal Income Taxation And Divorce, John A. Miller Jan 1991

Community Income, Federal Income Taxation And Divorce, John A. Miller

Articles

No abstract provided.


The Duty To Respect Generally Accepted International Standards, Bernard H. Oxman Jan 1991

The Duty To Respect Generally Accepted International Standards, Bernard H. Oxman

Articles

No abstract provided.


Beyond Griswold: Foucauldian And Republican Approaches To Privacy, Stephen J. Schnably Jan 1991

Beyond Griswold: Foucauldian And Republican Approaches To Privacy, Stephen J. Schnably

Articles

No abstract provided.


The Lockett Paradox: Reconciling Guided Discretion And Unguided Mitigation In Capital Sentencing, Scott E. Sundby Jan 1991

The Lockett Paradox: Reconciling Guided Discretion And Unguided Mitigation In Capital Sentencing, Scott E. Sundby

Articles

No abstract provided.


Constitutionalism And Secession, Cass R. Sunstein Jan 1991

Constitutionalism And Secession, Cass R. Sunstein

Articles

No abstract provided.


Democratizing America Through Law, Cass R. Sunstein Jan 1991

Democratizing America Through Law, Cass R. Sunstein

Articles

No abstract provided.


What Judge Bork Should Have Said, Cass R. Sunstein Jan 1991

What Judge Bork Should Have Said, Cass R. Sunstein

Articles

No abstract provided.


Administrative Substance Twenty-Second Annual Administrative Law Issue, Cass R. Sunstein Jan 1991

Administrative Substance Twenty-Second Annual Administrative Law Issue, Cass R. Sunstein

Articles

No abstract provided.


All Quiet On The Eastern Front, Richard A. Epstein Jan 1991

All Quiet On The Eastern Front, Richard A. Epstein

Articles

No abstract provided.


European Convergence, Gerhard Casper Jan 1991

European Convergence, Gerhard Casper

Articles

No abstract provided.


Protectionism As A Safeguard: A Positive Analysis Of The Gatt Escape Clause With Normative Speculations, Alan O. Sykes Jan 1991

Protectionism As A Safeguard: A Positive Analysis Of The Gatt Escape Clause With Normative Speculations, Alan O. Sykes

Articles

No abstract provided.


Rethinking The Relationship Between Antidumping And Antitrust Laws, Daniel Gifford Jan 1991

Rethinking The Relationship Between Antidumping And Antitrust Laws, Daniel Gifford

Articles

No abstract provided.


The Interplay Of Product Definition, Design And Trade Dress, Daniel J. Gifford Jan 1991

The Interplay Of Product Definition, Design And Trade Dress, Daniel J. Gifford

Articles

In the present Essay, I discuss some of the roles played by trademark law in stimulating competition among producers to develop new varieties of products and services. I argue that trademarks perform a particularly useful role in engendering innovation, and that this role was, for a time, threatened by the particular approach to genericity followed by the Ninth Circuit in its well-known Anti-Monopoly 1 decisions. I also argue that the developing law of trade dress performs a different, but nonetheless complementary, role in encouraging innovation.


Adjudication In Independent Tribunals: The Role Of An Alternative Agency Structure, Daniel J. Gifford Jan 1991

Adjudication In Independent Tribunals: The Role Of An Alternative Agency Structure, Daniel J. Gifford

Articles

Much present-day administrative adjudication takes place in a procedural context which is significantly different from that of the traditional regulatory agency. 1 In agency proceedings ranging from administrative enforcement under the Occupational Safety and Health Act to the resolution of claims under the veterans benefits acts, adjudication is conducted by tribunals which are practically and often formally independent of the administering or enforcement authority. Appeals or review functions are performed either by other independent administrative bodies or the courts. In the classic regulatory agencies the opposite was the case. In those agencies, the agency head invariably held the power of …


Justice By Geography: Urban, Suburban, And Rural Variations In Juvenile Justice Administration, Barry C. Feld Jan 1991

Justice By Geography: Urban, Suburban, And Rural Variations In Juvenile Justice Administration, Barry C. Feld

Articles

Despite statutes and rules of statewide applicability, juvenile justice administration varies consistently with urban, suburban, and rural social structure and context. In urban counties, which are more heterogenous and diverse, juvenile justice intervention is more formal, bureaucratized, and due process-oriented. Formality is associated with greater severity in pre-trial detention and sentencing practices. By contrast, in more homogeneous and stable rural counties, juvenile courts are procedurally less formal and sentence youths more leniently. The Article explores the implications of "justice by geography" for juvenile justice policy.


Shareholder Rights And Legislative Wrongs: Toward Balanced Takeover Legislation, John H. Matheson, Brent A. Olson Jan 1991

Shareholder Rights And Legislative Wrongs: Toward Balanced Takeover Legislation, John H. Matheson, Brent A. Olson

Articles

In recent years, there has been a significant increase in the number of hostile share acquisitions of American businesses. The authors examine the validity of the various defensive measures employed by target companies to defeat or deter a hostile takeover bid. They argue that antitakeover activity should not be viewed as a separate subset of legal analysis; rather, it should be analyzed according to four traditional principles of corporate governance: (1) the discretion afforded corporate management by the business judgment rule; (2) the prohibition against discriminating between members of the same class of shareholders; (3) the prohibition against shifting control …