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Justice, Bureaucracy, And Legal Method, Jospeh Vining Dec 1981

Justice, Bureaucracy, And Legal Method, Jospeh Vining

Articles

In the real world justice denied is not justice. Talking from the beginning about access to justice, rather than simply justice, emphasizes in a salutary way this commonplace of citizen and client. Justice that is inaccessible, delayed, refused does not just sit there glowing like a grail, which those separated from it may contemplate and yearn for. It is only in imagining that justice is available to someone, and in imagining what it would be like to be that someone, that one can see the thing as justice at all. To put it in economic terms, justice is not a …


Judicial Review Of Risk Assessments: The Role Of Decision Theory In Unscrambling The Benzene Decision, William H. Rodgers, Jr. Nov 1981

Judicial Review Of Risk Assessments: The Role Of Decision Theory In Unscrambling The Benzene Decision, William H. Rodgers, Jr.

Articles

[Reprinted in 13 Land Use & Envtl. L. Rev. 629-48 (1982).]


Section 4975 And Pte 77-9: The Causes Of Complexity In The Internal Revenue Code, Edward A. Zelinsky Oct 1981

Section 4975 And Pte 77-9: The Causes Of Complexity In The Internal Revenue Code, Edward A. Zelinsky

Articles

No abstract provided.


An Analysis Of The Impact Of The 55 Mph Speed Limit, David L. Farnsworth, Kenneth Mathis, Janet Herbert Aug 1981

An Analysis Of The Impact Of The 55 Mph Speed Limit, David L. Farnsworth, Kenneth Mathis, Janet Herbert

Articles

In January 1974 the speed limit on the New York State Thruway was set at 55 mph for all vehicles. This paper examines the effect of that action on Thruway fatality rates. The exact number of total miles driven is known for this toil road. Hence, death rates are based upon precise information. Since seven years have elapsed during the post-treatment period, 1974-1980, longer trends can be investigated. The death rate is modeled and intervention analysis performed. Using a variety of forecasting techniques, the pre-treatment fatality rates are used to project rates through the post-treatment period. In this way, the …


Full Faith And Credit, More Or Less, To Judgments: Doubts About Thomas V. Washington Gas Light Co., Stewart E. Sterk Aug 1981

Full Faith And Credit, More Or Less, To Judgments: Doubts About Thomas V. Washington Gas Light Co., Stewart E. Sterk

Articles

Workmen's compensation awards, decrees of administrative tribunals rather than courts, present the question of how far the mandate of the full faith and credit clause should reach and whether the clause should bar a claimant from pursuing supplemental compensation in a second state. Recently, in Thomas v. Washington Gas Light Co., the Supreme Court decided that full faith and credit should not prevent a claimant from obtaining supplemental compensation. Professor Sterk criticizes the Court's analysis, demonstrating the Thomas Court's neglect of the federal interests that the clause should protect. After examining the clause and its policy underpinnings, Professor Sterk …


Book Review (Reviewing David M. Smith, Ed., English Episcopal Acta I: Lincoln 1067-1185 (1980)), Richard H. Helmholz Jul 1981

Book Review (Reviewing David M. Smith, Ed., English Episcopal Acta I: Lincoln 1067-1185 (1980)), Richard H. Helmholz

Articles

No abstract provided.


A Right To Every Woman's Evidence, Richard O. Lempert May 1981

A Right To Every Woman's Evidence, Richard O. Lempert

Articles

I am indeed honored to be here with you today, honored to be joining you next year as Iowa's first Mason Ladd Visiting Distinguished Professor of Law, and honored to be giving the first Mason Ladd Lecture. The honor lies not just in the recognition you accord me, but also in the linkage to the man in whose name this recognition is given.


The Proper Role Of A Target's Management In Responding To A Tender Offer, Frank H. Easterbrook, Daniel R. Fischel Apr 1981

The Proper Role Of A Target's Management In Responding To A Tender Offer, Frank H. Easterbrook, Daniel R. Fischel

Articles

Under existing federal and state law, a corporation's managers can resist and often defeat a premium tender offer without liability to either the corporation's shareholders or the unsuccessful tender offeror. Professors Easterbrook and Fischel argue that resistance by a corporation's managers to premium tender offers, even if it triggers a bidding contest, ultimately decreases shareholder welfare. Shareholders would be better off, the authors claim, were such resistance all but proscribed. The authors consider, but find wanting, a number of potential criticisms of their analysis; they conclude by proposing a rule of mangerial passivity capable of controlling resistance in actual cases.


Faces Without Features: The Surface Validity Of Criminal Inferences, Peter Lushing Apr 1981

Faces Without Features: The Surface Validity Of Criminal Inferences, Peter Lushing

Articles

The article critiques the Supreme Court's decision in County Court v. Allen, arguing that the Court's approach to evaluating instructed inferences in criminal cases undermines the integrity of the fact-finding process. The central concern is that the Court's methodology, which assesses inferences as applied rather than on their face, fails to address the potential irrationality of such inferences and the pressure they may exert on jurors to convict without thorough consideration of the evidence. The article advocates for a more rigorous standard to ensure the rationality and constitutionality of instructed inferences in criminal trials.


Stability Of Time-Delay Systems, T. Lee, Sohail Dianat Jan 1981

Stability Of Time-Delay Systems, T. Lee, Sohail Dianat

Articles

This paper gives necessary and sufficient conditions for the stability of time-delay systems of the formdot{x}(t)=A_{1}x(t)+A_{2}x(t-h). These new conditions are derived by Lyapunov's direct method through systematic construction of the corresponding "energy" function. This function is known to exist, if a solutionP_{1}(0)of the algebraic nonlinear matrix equationA_{2} =e^{[A_{1}+P_{1}(0)]h}P_{1}(0)can be determined (Refer to PDF file for exact formulas).


Some Problems With Marx's Theory Of Capitalist Penetration Into Agriculture: The Case Of Ireland, Ellen Hazelkorn Jan 1981

Some Problems With Marx's Theory Of Capitalist Penetration Into Agriculture: The Case Of Ireland, Ellen Hazelkorn

Articles

Marx and Engels's writings on Ireland are usually associated with their positive support for Irish nationalism. This article seeks to examine the extent and depth of their knowledge of Ireland, politically and economically, by focusing attention on Marx's analysis of post-famine agricultural readjustment. Comparing the latter's comments in Capitaland elsewhere with actual developments, it is suggested that Marx and Engels's understanding was less than accurate. The source of their misinterpretation lies principally with their inadequate analysis of tenants, agrarian capitalism, and land fever


Lawyers Are People Too..., Donald L. Burnett Jr. Jan 1981

Lawyers Are People Too..., Donald L. Burnett Jr.

Articles

No abstract provided.


Standing Up For Fourth Amendment Rights: Salvucci, Rawlings, And The Reasonable Expectation Of Privacy (Comment), Elizabeth Brandt Jan 1981

Standing Up For Fourth Amendment Rights: Salvucci, Rawlings, And The Reasonable Expectation Of Privacy (Comment), Elizabeth Brandt

Articles

The initial inquiry a court must make before considering a motion to suppress evidence based on an unreasonable search and seizure is whether the individual has standing under the fourth amendment. This Note examines the historical development of the standing doctrines leading to the reasonable expectation of privacy test adopted by the Supreme Court in Rakas v. Illinois. The Note also identifies the problems created by the Court's far-reaching application of this test. The author concludes that the overall effect of recent decisions may be to limit the number of defendants able to assert fourth amendment claims, since suppression hearing …


Corporate Control Transactions, Frank H. Easterbrook, Daniel R. Fischel Jan 1981

Corporate Control Transactions, Frank H. Easterbrook, Daniel R. Fischel

Articles

No abstract provided.


Predatory Strategies And Counterstrategies, Frank H. Easterbrook Jan 1981

Predatory Strategies And Counterstrategies, Frank H. Easterbrook

Articles

No abstract provided.


Cost-Benefit Analysis And The Separation Of Powers, Cass R. Sunstein Jan 1981

Cost-Benefit Analysis And The Separation Of Powers, Cass R. Sunstein

Articles

No abstract provided.


Chairman's Message, Antonin Scalia Jan 1981

Chairman's Message, Antonin Scalia

Articles

No abstract provided.


The Changing Plea Bargaining Debate, Albert Alschuler Jan 1981

The Changing Plea Bargaining Debate, Albert Alschuler

Articles

No abstract provided.


Maximum Price Fixing, Frank H. Easterbrook Jan 1981

Maximum Price Fixing, Frank H. Easterbrook

Articles

No abstract provided.


Notice And Freedom Of Contract In The Law Of Servitudes Comments, Richard A. Epstein Jan 1981

Notice And Freedom Of Contract In The Law Of Servitudes Comments, Richard A. Epstein

Articles

No abstract provided.


The Historical Origins And Economic Structure Of Workers' Compensation Law, Richard A. Epstein Jan 1981

The Historical Origins And Economic Structure Of Workers' Compensation Law, Richard A. Epstein

Articles

No abstract provided.


Rescuing Some Antitrust Law: An Essay On Vertical Restrictions And Consumer Information, Saul Levmore Jan 1981

Rescuing Some Antitrust Law: An Essay On Vertical Restrictions And Consumer Information, Saul Levmore

Articles

No abstract provided.


A Reply To Some Recent Criticisms Of The Efficiency Theory Of The Common Law, Richard A. Posner Jan 1981

A Reply To Some Recent Criticisms Of The Efficiency Theory Of The Common Law, Richard A. Posner

Articles

No abstract provided.


The Next Step In The Antitrust Treatment Of Restricted Distribution: Per Se Legality, Richard A. Posner Jan 1981

The Next Step In The Antitrust Treatment Of Restricted Distribution: Per Se Legality, Richard A. Posner

Articles

No abstract provided.


Tribute To Mr. Justice Brennan, Richard A. Posner Jan 1981

Tribute To Mr. Justice Brennan, Richard A. Posner

Articles

No abstract provided.


State Pollution Statutes, David P. Currie Jan 1981

State Pollution Statutes, David P. Currie

Articles

No abstract provided.


The Constitution In The Supreme Court: 1789-1801, David P. Currie Jan 1981

The Constitution In The Supreme Court: 1789-1801, David P. Currie

Articles

No abstract provided.


The Constitution In The Supreme Court: 1789-1801, David P. Currie Jan 1981

The Constitution In The Supreme Court: 1789-1801, David P. Currie

Articles

No abstract provided.


In Memoriam: Malcolm P. Sharp, Gerhard Casper Jan 1981

In Memoriam: Malcolm P. Sharp, Gerhard Casper

Articles

No abstract provided.


Secondary Liability Under Section 10(B) Of The Securities Act Of 1934, Daniel R. Fischel Jan 1981

Secondary Liability Under Section 10(B) Of The Securities Act Of 1934, Daniel R. Fischel

Articles

No abstract provided.