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Taxation Of Business Intangible Capital, George Mundstock Jan 1987

Taxation Of Business Intangible Capital, George Mundstock

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 …


Judicial Review Of Administrative Action In A Conservative Era, Cass R. Sunstein, Alan B. Morrison, Kenneth W. Starr, Richard K. Willard Jan 1987

Judicial Review Of Administrative Action In A Conservative Era, Cass R. Sunstein, Alan B. Morrison, Kenneth W. Starr, Richard K. Willard

Articles

No abstract provided.


Lochner's Misunderstood Legacy, Cass R. Sunstein Jan 1987

Lochner's Misunderstood Legacy, Cass R. Sunstein

Articles

No abstract provided.


Lochner's Legacy, Cass R. Sunstein Jan 1987

Lochner's Legacy, Cass R. Sunstein

Articles

No abstract provided.


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

The Beard Thesis And Franklin Roosevelt, Cass R. Sunstein

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.


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.


Judicial Review Revisited: Original Intent And The Common Will, Philip B. Kurland Jan 1987

Judicial Review Revisited: Original Intent And The Common Will, Philip B. Kurland

Articles

No abstract provided.


Religion And The Constitution: Eternal Hostility Against Every Form Of Tyranny Over The Mind Of Man Address, Philip B. Kurland Jan 1987

Religion And The Constitution: Eternal Hostility Against Every Form Of Tyranny Over The Mind Of Man Address, 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.


A Jury Hoax: The Superpower Of The Opening Statement, Hans Zeisel Jan 1987

A Jury Hoax: The Superpower Of The Opening Statement, Hans Zeisel

Articles

No abstract provided.


Affirmative Peremptory Juror Selection, Hans Zeisel Jan 1987

Affirmative Peremptory Juror Selection, Hans Zeisel

Articles

No abstract provided.


Changing Conceptions Of Administration, Cass R. Sunstein Jan 1987

Changing Conceptions Of Administration, Cass R. Sunstein

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.


Commentary, The Federal Courts In The Next 100 Years, Paul M. Bator Jan 1987

Commentary, The Federal Courts In The Next 100 Years, Paul M. Bator

Articles

No abstract provided.


Commentaries (Symposium: The Federal Courts; The Next 100 Years), Paul M. Bator Jan 1987

Commentaries (Symposium: The Federal Courts; The Next 100 Years), Paul M. Bator

Articles

No abstract provided.


Promissory Estoppel Damages, Mary E. Becker Jan 1987

Promissory Estoppel Damages, Mary E. Becker

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.


The Contractual Duty Of Competent Representation, James D. Holzhauer Jan 1987

The Contractual Duty Of Competent Representation, James D. Holzhauer

Articles

No abstract provided.


Municipal Liablility Under Sec. 1983: A Legal And Economic Analysis, Larry B. Kramer, Alan O. Sykes Jan 1987

Municipal Liablility Under Sec. 1983: A Legal And Economic Analysis, Larry B. Kramer, Alan O. Sykes

Articles

No abstract provided.


The Boundaries Of Vicarious Liability: An Economic Analysis Of The Scope Of Employment Rule And Related Legal Doctrines, Alan O. Sykes Jan 1987

The Boundaries Of Vicarious Liability: An Economic Analysis Of The Scope Of Employment Rule And Related Legal Doctrines, Alan O. Sykes

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 Separation Of Powers Doctrine And The Regulatory Agencies After Bowsher V. Synar, Daniel J. Gifford Jan 1987

The Separation Of Powers Doctrine And The Regulatory Agencies After Bowsher V. Synar, Daniel J. Gifford

Articles

Bowsher v. Synar is the latest in a series of recent cases in which the Supreme Court has elaborated upon and applied the separation of powers doctrine. The Court has cast many of these decisions in wooden, overly conceptual terms, exposing the Court to criticism that it has imposed an elaborately refined organizational framework upon the federal government going vastly beyond the pragmatic intention of the Framers. Despite the inadequacy of the Court's reasoning, however, this Article contends that, overall, the Court's recent decisions possess an underlying merit: They contain the foundation upon which a new and coherent understanding of …


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 …


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 …


Freeing Mortgages Of Merger, Ann Burkhart Jan 1987

Freeing Mortgages Of Merger, Ann Burkhart

Articles

No abstract provided.


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.


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.