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Just Deserts For Juveniles: Punishment V. Treatment And The Difference It Makes, Barry Feld Jan 1990

Just Deserts For Juveniles: Punishment V. Treatment And The Difference It Makes, Barry Feld

Articles

No abstract provided.


The Direct Investment Tax Initiatives Of The European Community: A View From The United States, Stanley I. Langbein, David H. Rosenbloom Jan 1990

The Direct Investment Tax Initiatives Of The European Community: A View From The United States, Stanley I. Langbein, David H. Rosenbloom

Articles

No abstract provided.


Speaking Out Of Turn: The Story Of Josephine V., Anthony V. Alfieri Jan 1990

Speaking Out Of Turn: The Story Of Josephine V., Anthony V. Alfieri

Articles

No abstract provided.


Exergy Analysis - A Different Perspective On Energy Part 2: Rational Efficiency And Some Examples Of Energy, Jim Mcgovern Jan 1990

Exergy Analysis - A Different Perspective On Energy Part 2: Rational Efficiency And Some Examples Of Energy, Jim Mcgovern

Articles

The concept of exergy having been introduced in the first part of this paper, a universal rational efficiency is now defined and a number of examples of exergy analyses is given.


Extreme Scholastic Realism: Its Relevance To Philosophy Of Science Today, Susan Haack Jan 1990

Extreme Scholastic Realism: Its Relevance To Philosophy Of Science Today, Susan Haack

Articles

No abstract provided.


The Politics Of Clinical Knowledge, Anthony V. Alfieri Jan 1990

The Politics Of Clinical Knowledge, Anthony V. Alfieri

Articles

No abstract provided.


Reconstructive Poverty Law Practice: Learning Lessons Of Client Narrative, Anthony V. Alfieri Jan 1990

Reconstructive Poverty Law Practice: Learning Lessons Of Client Narrative, Anthony V. Alfieri

Articles

No abstract provided.


Lowering One's Cites: A (Sort Of) Review Of The University Of Chicago Manual Of Legal Citation, Mary I. Coombs Jan 1990

Lowering One's Cites: A (Sort Of) Review Of The University Of Chicago Manual Of Legal Citation, Mary I. Coombs

Articles

No abstract provided.


Brazil's New Constitution: An Exercise In Transient Constitutionalism For A Transitional Society, Keith S. Rosenn Jan 1990

Brazil's New Constitution: An Exercise In Transient Constitutionalism For A Transitional Society, Keith S. Rosenn

Articles

No abstract provided.


Autonomy, Community, And Traditions Of Liberty: The Contrast Of British And American Privacy Law Notes, Ronald J. Krotoszynski Jr. Jan 1990

Autonomy, Community, And Traditions Of Liberty: The Contrast Of British And American Privacy Law Notes, Ronald J. Krotoszynski Jr.

Articles

No abstract provided.


Justifying The Judge's Hunch: An Essay On Discretion, Charles M. Yablon Jan 1990

Justifying The Judge's Hunch: An Essay On Discretion, Charles M. Yablon

Articles

The article explores the interplay between jurisprudential and procedural perspectives on judicial discretion, arguing that these two discourses—often treated as distinct—offer valuable insights into each other. It examines how different models of discretion (skill, expediency, and creativity) operate within institutional frameworks, emphasizing the normative assumptions underlying their justifications. The analysis highlights the tension between rule-bound decision-making and the practical realities of judicial discretion, particularly in sentencing and appellate review.


Bulk Sales Under Article 9: Some Easy Cases Made Difficult, David G. Carlson Jan 1990

Bulk Sales Under Article 9: Some Easy Cases Made Difficult, David G. Carlson

Articles

No abstract provided.


Oversecured Creditors Under Bankruptcy Code Section 506(B): The Limits Of Postpetition Interest, Attorneys' Fees, And Collection Expenses, David G. Carlson Jan 1990

Oversecured Creditors Under Bankruptcy Code Section 506(B): The Limits Of Postpetition Interest, Attorneys' Fees, And Collection Expenses, David G. Carlson

Articles

No abstract provided.


John Payne's Dream: A Brief History Of The University Of Alabama - School Of Law Library, 1887-1980, With Emphasis Upon Collection-Building, Paul M. Pruitt Jr., Penny Calhoun Gibson Jan 1990

John Payne's Dream: A Brief History Of The University Of Alabama - School Of Law Library, 1887-1980, With Emphasis Upon Collection-Building, Paul M. Pruitt Jr., Penny Calhoun Gibson

Articles

No abstract provided.


The First-Party Insurance Externality: An Economic Justification For Enterprise Liability, Jon D. Hanson, Kyle D. Logue Jan 1990

The First-Party Insurance Externality: An Economic Justification For Enterprise Liability, Jon D. Hanson, Kyle D. Logue

Articles

This Article explores the insurance and deterrence implications of important and long overlooked facts. Consumers are insured through first-party mechanisms against most of the risks of product accidents. However, first-party insurers rarely and imperfectly adjust premiums according to an individual consumer's decisions concerning exactly what products she will purchase, how many of those products she will purchase, and how carefully she will consume them. Such consumer decisions we refer to as "consumption choices. " This failure by first-party insurers to adjust premiums according to consumption choices gives rise to a first-party insurance externality. Based on this insight, this Article offers …


Surrogate Motherhood From The Perspective Of Family Law, Carl E. Schneider Jan 1990

Surrogate Motherhood From The Perspective Of Family Law, Carl E. Schneider

Articles

One of the things that I find most puzzling about the question of surrogate motherhood is how easily many people answer it. One of the things that I have most admired about today's comments is their tone of constraint and their sense of complexity. I myself am sympathetic to the argument that the unhappiness of infertile couples is profound and that surrogacy contracts offer them the hope of an equally profound happiness. And I am prepared to believe that many surrogate mothers perform their part of the bargain without grief and even with gratification. Yet these benefits of surrogacy are …


Some Implications Of Cognitive Psychology For Risk Regulation, Roger G. Noll, James E. Krier Jan 1990

Some Implications Of Cognitive Psychology For Risk Regulation, Roger G. Noll, James E. Krier

Articles

Beginning with a set of books and articles published in the 1950s, cognitive psychologists have developed a new descriptive theory of how people make decisions under conditions of risk and uncertainty. A dominant theme in the theory is that most people do not evaluate risky circumstances in the manner assumed by conventional decision theory-they do not, that is, seek to maximize the expected value of some function when selecting among actions with uncertain outcomes. The purpose of this article is to consider some implications of the cognitive theory for regulatory policies designed to control risks to life, health, and the …


Generalization In Interpretive Theory, Joseph Vining Jan 1990

Generalization In Interpretive Theory, Joseph Vining

Articles

There are arguments at large about the nature of legal interpretation, proceeding from an implicit proposition that interpretation is the same phenomenon or experience whatever its setting. An assumption that there is one phenomenon can be found in discussions among lawyers of interpretation and in discussions among nonlawyers of legal interpretation-and as often in the work of those who would deny there is any significance to theorizing about interpretation, as of those who think persuasion to a particular theory will have the utmost consequence for law and society. Proceeding from such a proposition, rather than toward it, raises the risk …


Patenting The Human Genome, Rebecca S. Eisenberg Jan 1990

Patenting The Human Genome, Rebecca S. Eisenberg

Articles

The increasing promise of federal funding for mapping and sequencing the human genome has brought with it renewed attention in the research science community to issues of intellectual property protection for products of biotechnology research. Echoing concerns raised a decade ago in the debate over commercialization of academic biomedical research, scientists have called for the free availability of all information generated through the Human Genome Project and have argued against allowing private intellectual property rights in such knowledge. Meanwhile, private parties have quietly been obtaining patents on bits and pieces of the human genome from the Patent and Trademark Office …


Synthesizing Related Rules From Statutes And Cases For Legal Expert Systems, Layman E. Allen, Sallyanne Payton, Charles S. Saxon Jan 1990

Synthesizing Related Rules From Statutes And Cases For Legal Expert Systems, Layman E. Allen, Sallyanne Payton, Charles S. Saxon

Articles

Different legal expert systems may be incompatible with each other: A user in characterizing the same situation by answering the questions presented in a consultation can be led to contradictory inferences. Such systems can be ”synthesized’ to help users avoid such contradictions by alerting them that other relevant systems are available to be consulted as they are responding to questions. An example of potentially incompatible, related legal expert systems is presented here - ones for the New Jersey murder statute and the celebrated Quinlan case, along with one way of synthesizing them to avoid such incompatibility.


Stalking The Squeeze: Understanding Commodities Market Manipulation, Richard D. Friedman Jan 1990

Stalking The Squeeze: Understanding Commodities Market Manipulation, Richard D. Friedman

Articles

This article addresses the perplexing and important problem of how to distinguish valid, large-scale trading activity from a squeeze. Part I analyzes and reformulates what I will call the price-impact test, according to which manipulation is conduct motivated by its impact on price. This test, I contend, states a necessary but not sufficient condition for characterizing conduct as a squeeze. Part II offers a substantially different test, which I call the modified-sanctions approach. Under this approach, the price-impact test is used as a preliminary safe-harbor standard. The modified-sanctions approach goes further, however, recognizing that the essence of a squeeze is …


Corporate Control: Markets And Rules, Caroline Bradley Jan 1990

Corporate Control: Markets And Rules, Caroline Bradley

Articles

No abstract provided.


Non-Sexist Teaching Techniques In Substantive Law Courses, Mary I. Coombs Jan 1990

Non-Sexist Teaching Techniques In Substantive Law Courses, Mary I. Coombs

Articles

No abstract provided.


Changing Company Law? (Book Review), Caroline Bradley, Judith Freedman Jan 1990

Changing Company Law? (Book Review), Caroline Bradley, Judith Freedman

Articles

No abstract provided.


Norms And Narratives: Can Judges Avoid Serious Moral Error Colloquy, Richard Delgado, Jean Stefancic Jan 1990

Norms And Narratives: Can Judges Avoid Serious Moral Error Colloquy, Richard Delgado, Jean Stefancic

Articles

No abstract provided.


Campus Antiracism Rules: Constitutional Narratives In Collision Legal Theory, Richard Delgado Jan 1990

Campus Antiracism Rules: Constitutional Narratives In Collision Legal Theory, Richard Delgado

Articles

No abstract provided.


Introduction To Federal Administrative Law Part Ii: The Availability Of Judicial Review, An, William L. Andreen Jan 1990

Introduction To Federal Administrative Law Part Ii: The Availability Of Judicial Review, An, William L. Andreen

Articles

No abstract provided.


Recent Developments In Legal Theory: How To Compare Apples And Oranges Note, Richard Delgado, John Kidwell Jan 1990

Recent Developments In Legal Theory: How To Compare Apples And Oranges Note, Richard Delgado, John Kidwell

Articles

No abstract provided.


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.


When A Story Is Just A Story: Does Voice Really Matter, Richard Delgado Jan 1990

When A Story Is Just A Story: Does Voice Really Matter, Richard Delgado

Articles

No abstract provided.