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Jurisprudence

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Articles 1471 - 1499 of 1499

Full-Text Articles in Law

Are Constitutional Cases Political?, Brian Slattery Dec 1988

Are Constitutional Cases Political?, Brian Slattery

Brian Slattery

To argue that constitutional adjudication is political does not carry us very far unless we go on to specify what the pursuit of politics entails, the goals it seeks to attain, and the basic principles informing its practice. The word political has no clearly defined meaning in modern usage. Rather, it has the chameleon-like capacity to change colours so as to blend with a variety of different conceptual backgrounds. Of course, if we adopt an Aristotelian notion of politics as the pursuit of the common good of a community and the individual goods of its members, we can agree that …

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Common Law Liability For Defective Opinions And How To Avoid It, Scott Fitzgibbon Dec 1987

Common Law Liability For Defective Opinions And How To Avoid It, Scott Fitzgibbon

Scott T. FitzGibbon

No abstract provided.

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Mind And Hand: Economics And Engineering At The Massachusetts Institute Of Technology, Richard Adelstein Dec 1987

Mind And Hand: Economics And Engineering At The Massachusetts Institute Of Technology, Richard Adelstein

Richard Adelstein

The role of political economy in the curriculum of MIT, with special attention to the thought of Francis Amasa Walker.

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Privatization Of Prisons: An Analysis Of The State Action Requirement Of The Fourteenth Amendment And 42 U.S.C. § 1983, Ira P. Robbins Dec 1987

Privatization Of Prisons: An Analysis Of The State Action Requirement Of The Fourteenth Amendment And 42 U.S.C. § 1983, Ira P. Robbins

Ira P. Robbins

Introduction: The privatization of prisons raises important issues with respect to liability in suits brought by inmates. If a private company operates the prison, the state likely will be directly involved in some aspects of prison life, such as using force when necessary or making quasi-judicial decisions, but it may not be directly involved in the day-to-day operation of the institution. This dichotomy of involvement may lead to con- fusion over responsibility and accountability when a violation of rights is alleged to have occurred. When a private party, as opposed to a government employee, is charged with abridging rights guaranteed …

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Preparing And Interpreting Opinions In Financial Transactions: Nine Hard Questions, Scott Fitzgibbon, Donald Glazer Dec 1986

Preparing And Interpreting Opinions In Financial Transactions: Nine Hard Questions, Scott Fitzgibbon, Donald Glazer

Scott T. FitzGibbon

No abstract provided.

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Legal Opinions In Corporate Transactions: The Opinion On Agreements And Instruments, Scott T. Fitzgibbon Dec 1986

Legal Opinions In Corporate Transactions: The Opinion On Agreements And Instruments, Scott T. Fitzgibbon

Scott T. FitzGibbon

No abstract provided.

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Swan Song For The Burger Court, Robert Hayman, C. Ramarui Dec 1985

Swan Song For The Burger Court, Robert Hayman, C. Ramarui

Robert L. Hayman

No abstract provided.

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Legal Opinions On Secondary Sales Of Stock, Scott T. Fitzgibbon, Donald W. Glazer Dec 1985

Legal Opinions On Secondary Sales Of Stock, Scott T. Fitzgibbon, Donald W. Glazer

Scott T. FitzGibbon

[Later versions appear in Columbia Business Law Review, 1988, no.1:149-160, and in Business Opinions, 335-77. New York, Practicing Law Institute, 1988.]

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Legal Opinions In Corporate Transactions: The Opinion That Stock Is Duly Authorized, Validly Issues, Fully Paid And Nonassessable, Scott T. Fitzgibbon, Donald W. Glazer Dec 1985

Legal Opinions In Corporate Transactions: The Opinion That Stock Is Duly Authorized, Validly Issues, Fully Paid And Nonassessable, Scott T. Fitzgibbon, Donald W. Glazer

Scott T. FitzGibbon

[Also appears in Opinion Letters of Counsel 1987, 377-412. New York: Practicing Law Institute, 1987.]

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Attempting The Impossible: The Emerging Consensus, Ira P. Robbins Dec 1985

Attempting The Impossible: The Emerging Consensus, Ira P. Robbins

Ira P. Robbins

Impossible attempts are situations in which an actor fails to consummate a substantive crime because he is mistaken about attendant circumstances. Professor Robbins divides mistakes regarding circumstances into three categories: mistakes of fact, mistakes of law, and mistakes of mixed fact and law. Courts and commentators disagree primarily over the identification and treatment of mixed fact law cases. Professor Robbins surveys each category of mistake. He then examines the objective, subjective, and hybrid approaches to dealing with the mixed fact/law category. The objective approach requires an objective manifestation of the actor's intent before conviction is allowed. The subjective approach permits …

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Legal Opinions On Incorporation, Good Standing, And Qualification To Do Business, Scott T. Fitzgibbon, Donald W. Glazer Dec 1984

Legal Opinions On Incorporation, Good Standing, And Qualification To Do Business, Scott T. Fitzgibbon, Donald W. Glazer

Scott T. FitzGibbon

[Also appears in Washington and Lee University Law Review 43 (Summer 1986): 240-275, and in Opinion Letters of Counsel 1987, 313-334, New York: Practising Law Institute, 1987, and in Business Opinions, 237-275, New York: Practising Law Institute, 1988.]

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The Competition Of Technologies In Markets For Ideas: Copyright And Fair Use In Evolutionary Perspective (With Steven Peretz), Richard Adelstein Dec 1984

The Competition Of Technologies In Markets For Ideas: Copyright And Fair Use In Evolutionary Perspective (With Steven Peretz), Richard Adelstein

Richard Adelstein

A theory of intellectual goods as distinct from public or private goods, and the rationale for copyright that flows from it.

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Professional Ethics And The Lawyer Organizing A Corporation, Scott Fitzgibbon Dec 1982

Professional Ethics And The Lawyer Organizing A Corporation, Scott Fitzgibbon

Scott T. FitzGibbon

No abstract provided.

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Professional Ethics, Organizing Corporations, And The Ideology Of Corporate Articles And By-Laws, Scott Fitzgibbon Dec 1981

Professional Ethics, Organizing Corporations, And The Ideology Of Corporate Articles And By-Laws, Scott Fitzgibbon

Scott T. FitzGibbon

No abstract provided.

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Chinese Encounters, Robert M. Sanger Mar 1981

Chinese Encounters, Robert M. Sanger

Robert M. Sanger

A Review of the book Chinese Encounters by Inge Morath and Arthur Miller. Miller inquired about cultural and legal issues in China as one of the first American intellectuals to be given relatively free access to China since the Mao regime. Inge Morath provided remarkable photographs. The significance was the juxtaposition of Miller's adherence to the Western concept of the Rule of Law with the communitarian values of Chinese culture.

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The Plea Bargain In England And America: A Comparative Institutional Approach, Richard Adelstein Dec 1980

The Plea Bargain In England And America: A Comparative Institutional Approach, Richard Adelstein

Richard Adelstein

A comparative view of adjudication by guilty plea in the US and the UK.

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Institutional Function And Evolution In The Criminal Process, Richard Adelstein Dec 1980

Institutional Function And Evolution In The Criminal Process, Richard Adelstein

Richard Adelstein

An extended development of the foundations of the price exaction model of the criminal process.

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What Is A Security? -- A Redefinition Based On Eligibility To Participate In The Financial Markets, Scott T. Fitzgibbon Dec 1979

What Is A Security? -- A Redefinition Based On Eligibility To Participate In The Financial Markets, Scott T. Fitzgibbon

Scott T. FitzGibbon

No abstract provided.

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The Moral Costs Of Crime: Prices, Information And Organization, Richard Adelstein Dec 1978

The Moral Costs Of Crime: Prices, Information And Organization, Richard Adelstein

Richard Adelstein

More on price exaction, and punishments as conveyors of cost information in the criminal process.

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Informational Paradox And The Pricing Of Crime: Capital Sentencing Standards In Economic Perspective, Richard Adelstein Dec 1978

Informational Paradox And The Pricing Of Crime: Capital Sentencing Standards In Economic Perspective, Richard Adelstein

Richard Adelstein

A further development of the price exaction model and an application to the problem of sentencing standards.

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The Negotiated Guilty Plea: A Framework For Analysis, Richard Adelstein Dec 1977

The Negotiated Guilty Plea: A Framework For Analysis, Richard Adelstein

Richard Adelstein

An early exposition of the price exaction framework and the place of plea bargaining in it.

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The Plea Bargain In Theory Dec 1977

The Plea Bargain In Theory

Richard Adelstein

A formal dynamic model of plea bargains.

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Jurisprudence "Under-Mind": The Case Of The Atheistic Solipsist, Ira P. Robbins Dec 1977

Jurisprudence "Under-Mind": The Case Of The Atheistic Solipsist, Ira P. Robbins

Ira P. Robbins

Nearly thirty years have passed since the publication of Professor Lon L. Fuller's The Case of the Speluncean Explorers, in which a fictional court expounded upon the manifold ways in which certain harsh necessities, externally imposed upon common people, can test the rules of the criminal law. The instant case is not in- tended to parody the Speluncean Explorers, but rather to complement it with the inverse theme: the singular defendant is a psychologically extraordinary individual existing in a relatively mundane environment. The Atheistic Solipsist provides the opportunity for consideration of the ways internal forces of great intensity can shape …

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Subdivision Exactions And Congestion Externalities (With Noel Edelson) Dec 1975

Subdivision Exactions And Congestion Externalities (With Noel Edelson)

Richard Adelstein

A model of congestion in housing and pricing policy to address it.

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The Negotiated Guilty Plea: A Framework For Analysis, Richard Adelstein Dec 1974

The Negotiated Guilty Plea: A Framework For Analysis, Richard Adelstein

Richard Adelstein

My dissertation of 1975, published by Garland Publishing in their series Outstanding Dissertations in Economics, 1984

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Die Diplomatischen Und Wirftschaftlichen Beziehungen Zwischen Österrecih-Ungarn Und Rumänien In Den Jahren 1875-1888, Uta Bindreiter Dec 1973

Die Diplomatischen Und Wirftschaftlichen Beziehungen Zwischen Österrecih-Ungarn Und Rumänien In Den Jahren 1875-1888, Uta Bindreiter

Uta Bindreiter

Doctoral dissertation in History, University of Vienna. The Dissertation was published in the seriers Veröffentlichungen der Komission für Neuere Geschichte Österriechs, vol. 63 (Wien: Böhlau, 1976). ISBN: 3-205-08567-1

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Just Compensation And The Assassin's Bequest: A Utilitarian Approach, Richard Adelstein Dec 1973

Just Compensation And The Assassin's Bequest: A Utilitarian Approach, Richard Adelstein

Richard Adelstein

An analysis of Porter v. United States (1973), a case involving the value of items owned by Lee Harvey Oswald.

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Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva Jan 1966

Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

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Fundamentos Del Derecho Procesal Civil, Edward Ivan Cueva Jan 1958

Fundamentos Del Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

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