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Routine And Revolution, Cass R. Sunstein Jan 1986

Routine And Revolution, Cass R. Sunstein

Articles

No abstract provided.


The Role Of The President And Omb In Informal Rulemaking, Cass R. Sunstein, Peter L. Strauss Jan 1986

The Role Of The President And Omb In Informal Rulemaking, Cass R. Sunstein, Peter L. Strauss

Articles

No abstract provided.


Address Address, Philip B. Kurland Jan 1986

Address Address, Philip B. Kurland

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.


The Rise And Fall Of The Doctrine Of Separation Of Powers, Philip B. Kurland Jan 1986

The Rise And Fall Of The Doctrine Of Separation Of Powers, Philip B. Kurland

Articles

No abstract provided.


Bernie, Gerhard Casper Jan 1986

Bernie, Gerhard Casper

Articles

No abstract provided.


Government Control Of Information, Cass R. Sunstein Jan 1986

Government Control Of Information, Cass R. Sunstein

Articles

No abstract provided.


The Role Of The Ninth Circuit In The Development Of The Law Of Attempt To Monopolize, Daniel J. Gifford Jan 1986

The Role Of The Ninth Circuit In The Development Of The Law Of Attempt To Monopolize, Daniel J. Gifford

Articles

The attempt clause 1 of the Sherman Antitrust Act deals with unilateral behavior which produces or is likely to produce significant anticompetitive consequences. Justice Holmes, in his classic statement of the attempt offense in Swift & Co. v. United States, 2 identified the elements of the offense as the defendant's intent to monopolize and the dangerous probability that the defendant would succeed. In the classic model of the offense, the defendant's intent resolves the ambiguity of the defendant's present behavior by showing that it is instrumental to the forbidden goal of monopolization.


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.


Hostile Share Acquisitions And Corporate Governance: A Framework For Evaluating Antitakeover Activities, John H. Matheson, Jon R. Norberg Jan 1986

Hostile Share Acquisitions And Corporate Governance: A Framework For Evaluating Antitakeover Activities, John H. Matheson, Jon R. Norberg

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 …


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 …


The Three "Theme" Special Rapporteurs Of The Un Commission On Human Rights, David Weissbrodt Jan 1986

The Three "Theme" Special Rapporteurs Of The Un Commission On Human Rights, David Weissbrodt

Articles

In March 1982, the United Nations Commission on Human Rights initiated the appointment of a Special Rapporteur on Summary or Arbitrary Executions. The Special Rapporteur on Summary or Arbitrary Executions has done far more than merely study that grave human rights problem; he has received complaints about impending and past executions, issued appeals to governments about threatened executions and the need to investigate past killings, and reported publicly on much of his activity. The Commission on Human Rights not only has renewed the Special Rapporteur on Summary or Arbitrary Executions in its subsequent annual sessions, but has followed this precedent …


Statutes Of Limitations In Minnesota Choice Of Law: The Problematic Return Of The Substance-Procedure Distinction, Laura Cooper Jan 1986

Statutes Of Limitations In Minnesota Choice Of Law: The Problematic Return Of The Substance-Procedure Distinction, Laura Cooper

Articles

Assume that you are an attorney seeking to determine the statute of limitations applicable in Minnesota to a case with multistate aspects. Perhaps you consult the Dunnell Minnesota Digest 2d, which states succinctly: "If a cause of action not arising in this state or accruing to a citizen thereof is barred by the law of another state it is barred here." 1 The encylopedia then states several corollary propositions for multistate cases with different fact patterns and provices numerous case citations in support of the propositions. What the reference unfortunately fails to tell you is that the legal propositions and …


The Antitrust State-Action Doctrine After Fisher V. Berkeley, Daniel Gifford Jan 1986

The Antitrust State-Action Doctrine After Fisher V. Berkeley, Daniel Gifford

Articles

No abstract provided.


Terrorism, Malvina Halberstam Jan 1986

Terrorism, Malvina Halberstam

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.


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.


The Federal Circuit's 1985 Tax Cases: The Exercise Of Equity, William S. Blatt Jan 1986

The Federal Circuit's 1985 Tax Cases: The Exercise Of Equity, William S. Blatt

Articles

No abstract provided.


Civil Procedure In Brazil, Keith S. Rosenn Jan 1986

Civil Procedure In Brazil, Keith S. Rosenn

Articles

No abstract provided.


Over The Back Fence: Tax Shelters And Other Sales Of Federal Income Tax Reductions, Thomas A. Robinson Jan 1986

Over The Back Fence: Tax Shelters And Other Sales Of Federal Income Tax Reductions, Thomas A. Robinson

Articles

No abstract provided.


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.


What A Sensible Natural Lawyer And A Sensible Utilitarian Agree About And Disagree About: Comments On Finnis, Donald H. Regan Jan 1986

What A Sensible Natural Lawyer And A Sensible Utilitarian Agree About And Disagree About: Comments On Finnis, Donald H. Regan

Articles

Before I start, let me say two things. First of all, to the extent that John Finnis is entering a plea for more attention to what is a relatively neglected tradition (in the narrow his message a hundred percent. And you courd learning about the natural law tradition than by reading his book, Natural Law and Natural Rights. My second introductory observation is that Finnis and I agree about many more things than you might expect if you just think of him as a natural law theorist and me as a utilitarian. I am very eccentric as a utilitarian. He …


The Supreme Court And State Protectionism: Making Sense Of The Dormant Commerce Clause, Donald H. Regan Jan 1986

The Supreme Court And State Protectionism: Making Sense Of The Dormant Commerce Clause, Donald H. Regan

Articles

For almost fifty years, scholars have urged the Court to "balance" in dormant commerce clause cases; and the scholars have imagined that the Court was following their advice. The Court has indeed claimed to balance, winning scholarly approval. But the Court knows better than the scholars. Despite what the Court has said, it has not been balancing. It has been following a simpler and better-justified course. In the central area of dormant commerce clause jurisprudence, comprising what I shall call "movement-of-goods" cases), the Court has been concerned exclusively with preventing states from engaging in purposeful economic protectionism. Not only is …


Doctrine In A Vacuum: Reflections On What A Law School Ought (And Ought Not) To Be, James Boyd White Jan 1986

Doctrine In A Vacuum: Reflections On What A Law School Ought (And Ought Not) To Be, James Boyd White

Articles

I have written earlier in these pages about the expectations-the fears and hopes-that one can appropriately bring to law school. In this paper I speak to those who are immersed in the process of legal education, on one side of the podium or the other, and wish to say something of what I think it is, and can be, all about.


Alternative Methodologies In Contemporary Jurisprudence: Comments On Dworkin, Philip E. Soper Jan 1986

Alternative Methodologies In Contemporary Jurisprudence: Comments On Dworkin, Philip E. Soper

Articles

I have two brief points to make. Both involve recent developments in jurisprudence, by which I mean by and large the subject that Ronald Dworkin has just been discussing. Indeed, the first point is little more than an acknowledgement of the debt that is owed to Dworkin, not only for his specific contributions to this field, but for the implications of his work for law teaching generally.


Two For The Price Of One With Polaroid Films, Andrew Davidhazy Jan 1986

Two For The Price Of One With Polaroid Films, Andrew Davidhazy

Articles

How to save money using Polaroid pack films by making smaller pictures on each sheet of film. Useful for testing or for passport picture making.


A Tribute To Professor Leroy S. Merrifield, Theodore J. St. Antoine Jan 1986

A Tribute To Professor Leroy S. Merrifield, Theodore J. St. Antoine

Articles

Although I have collaborated with Leroy Merrifield on four editions of a labor law casebook over the past twenty years, and although we have each taught as a visitor at the other's law school, I did not fully appreciate the hidden dimensions of this quiet, unassuming scholar until we spent a day together in early 1986 at EPCOT. To begin with, Leroy had to use all his patient, persistent cajolery to entice me and another academic colleague (who is almost as staid and unbending as I am) to join him, along with our respective spouses, on an expedition to Disney …


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 …