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Articles 1 - 30 of 153
Full-Text Articles in Law
Of Flutes, Oboes And The As If World Of Evidence Law, Richard O. Lempert
Of Flutes, Oboes And The As If World Of Evidence Law, Richard O. Lempert
Articles
Reading Allen's article, I am reminded of a cold war parable I heard during the 1960s. It concerned a flute and an oboe who joined an orchestra one year and immediately set to quarrelling. The flute was distressed because whenever it was playing at its lyrical best the oboe would enter. drowning it out. The oboe was affronted because its deepest, most sonorous passages were invariably ruined by the high-pitched flute butting in. When the orchestra split up for the summer and these quarrelsome instruments went their separate ways, the flute, as it angrily contemplated the oboe, found itself stretching …
In Memoriam: William J. Brennan, Richard A. Posner
The Current Illegitimacy Of International Human Rights Litigation, Jack L. Goldsmith, Curtis A. Bradley
The Current Illegitimacy Of International Human Rights Litigation, Jack L. Goldsmith, Curtis A. Bradley
Articles
No abstract provided.
The Political Economy Of The Bankruptcy Reform Act Of 1978, Eric A. Posner
The Political Economy Of The Bankruptcy Reform Act Of 1978, Eric A. Posner
Articles
No abstract provided.
Dedication To Professor Ralph W. Johnson, David H. Getches
Dedication To Professor Ralph W. Johnson, David H. Getches
Articles
This Indian law symposium issue of the Washington Law Review was inspired by the work of Professor Ralph W. Johnson, whose teaching and personal commitment to the field have motivated hundreds, if not thousands, of law students. The decision of the Editorial Board to dedicate the symposium to him might have been made by as many as thirty classes that have passed through the University of Washington School of Law. Those students have been introduced to and moved by Professor Johnson's elucidation of a field that is at once intellectually challenging and morally significant. Johnson's alumni have spread over the …
Indian Tribes And The Legal System, Ralph W. Johnson
Indian Tribes And The Legal System, Ralph W. Johnson
Articles
This article surveys the past and present role of lawyers in the field of Indian law, from the absence of attorneys in early treaty negotiations through the formative role lawyers played in developing the federal trust relationship, to their modem role as "legal warriors" for the increasingly independent, autonomous tribes of today. To understand all the changes now occurring in Indian law, a review of the background is helpful. What follows is a synopsis of the significant events in Indian history, focusing on how the U.S. government initially treated Indians and the role the legal profession played in this treatment.
The Descending Trail: Holmes' Path Of The Law One Hundred Years Later, Albert Alschuler
The Descending Trail: Holmes' Path Of The Law One Hundred Years Later, Albert Alschuler
Articles
No abstract provided.
Testing Testing, Carl E. Schneider
Testing Testing, Carl E. Schneider
Articles
Last year, Congress passed the Ryan White Care Act Amendments of 1996. The amendments authorize ten million dollars for each fiscal year from 1996 through 2000 for counseling pregnant women on HIV disease, for "outreach efforts to pregnant women at high risk of HN who are not currently receiving prenatal care," and for voluntary testing for pregnant women. The amendments compromise a central question: whether prenatal and neonatal AIDS testing should be compelled. The compromise is complex. The director of the Centers for Disease Control and Prevention is instructed to establish a system for states to use to discover and …
After The Dna Wars: Skirmishing With Nrc Ii, Richard O. Lempert
After The Dna Wars: Skirmishing With Nrc Ii, Richard O. Lempert
Articles
This article traces some of the controversies surrounding DNA evidence and argues that although many have been laid to rest by scientific developments confirmed in the National Research Council's second DNA report, there remain several problems which are likely to lead to continued questioning of standard ways prosecutors present DNA evidence. Although much about the report is to be commended, it falls short in several ways, the most important of which is in its support for presenting random match probabilities independent of plausible error rates. The article argues that although one can sympathize with the NRC committee's decision as an …
Should There Be Homosexual Marriage? Is So, Who Should Decide? (Reviewing William N. Eskridge, Jr., The Case For Same-Sex Marriage: From Sexual Liberty To Civilized Commitment (1996)), Richard A. Posner
Articles
No abstract provided.
Book Review (Reviewing William N. Eskridge, The Case For Same-Sex Marriage: From Sexual Liberty To Civilized Commitment (1996)), Richard A. Posner
Book Review (Reviewing William N. Eskridge, The Case For Same-Sex Marriage: From Sexual Liberty To Civilized Commitment (1996)), Richard A. Posner
Articles
No abstract provided.
Book Review (Reviewing Neal Devins, Shaping Constitutional Values: Elected Government, The Supreme Court, And The Abortion Debate (1996)), Tom Ginsburg
Articles
No abstract provided.
The Liberty Dimension Of Historic And Contemporary Segregation, James W. Nickel
The Liberty Dimension Of Historic And Contemporary Segregation, James W. Nickel
Articles
No abstract provided.
Playing The "Culture Card": Trials In A Mutli-Cultural Democracy, Richard O. Lempert
Playing The "Culture Card": Trials In A Mutli-Cultural Democracy, Richard O. Lempert
Articles
As I write, the racial divide in America is said to be greater than at any time in the past 25 years.' Two events are blamed: the O.J. Simpson criminal trial and the Louis Farrakan led "Million Man March." That these events should exacerbate racial division is extraordinary. The Farrakan led march brought together between 400,000 and 800,000 black males to pledge that they would take the kind of responsibility for their actions and their families that white Americans have long argued they should take. The O.J. Simpson trial was more a "who done it" than a racial morality play. …
U.S. International Treatment Of Financial Derivatives, Reuven Avi-Yonah, Linda Swartz
U.S. International Treatment Of Financial Derivatives, Reuven Avi-Yonah, Linda Swartz
Articles
The current proposals to substitute consumption for income as the principal U.S. tax base have already been the topic of considerable commentary in these pages. However, one issue has received relatively little attention in the discussion of the various reform proposals: What potential complications are likely to arise if a single major player in the world's economy unilaterally adopts radical tax reform? The global economy is becoming more and more unified, with multinational corporations dominating world trade and trillions of dollars in portfolio investment flowing across national boundaries. In this economy, what would be the consequences if a single country, …
To End Deferral As We Know It: Simplification Potential Of Check-The-Box, Reuven Avi-Yonah
To End Deferral As We Know It: Simplification Potential Of Check-The-Box, Reuven Avi-Yonah
Articles
On December 17, 1996, the Treasury Department issued final regulations under section 7701 of the Internal Revenue Code implementing the regime dubbed "check-the-box," under which taxpayers can elect to be treated as corporations or as passthrough entities for U.S. tax purposes. The purpose of this article is to argue that the adoption of these regulations affords a momentous opportunity for Congress to achieve significant simplification of the notoriously complex U.S. international tax rules. Fundamentally, the adoption of check-the- box means that U.S. taxpayers will be able to elect whether or not their foreign-source active income will enjoy deferral from current …
The Epistemology Of Admissibility: Why Even Good Philosophy Of Science Would Not Make For Good Philosophy Of Evidence, Brian Leiter
The Epistemology Of Admissibility: Why Even Good Philosophy Of Science Would Not Make For Good Philosophy Of Evidence, Brian Leiter
Articles
No abstract provided.
Rational Choice, Behavioral Economics, And The Law, Richard A. Posner
Rational Choice, Behavioral Economics, And The Law, Richard A. Posner
Articles
No abstract provided.
Fables, Sagas, And Laws, Saul Levmore
Constraint And Confession, Albert W. Alschuler
Solving A Profound Flaw In Fraud-On-The-Market Theory: Utilizing A Derivative Of Arbitrage Pricing Theory To Measure Rule 10b-5 Damages, Edward Adams, David E. Runkle
Solving A Profound Flaw In Fraud-On-The-Market Theory: Utilizing A Derivative Of Arbitrage Pricing Theory To Measure Rule 10b-5 Damages, Edward Adams, David E. Runkle
Articles
This Article contends that, contrary to its present use in the securities fraud realm as sanctioned by the Supreme Court and as assumed to be correct by most commentators, the CAPM is irrelevant for measuring damages in Rule 10b-5 cases because the CAPM is not designed to measure what stock prices would have been if the requisite fraud had not occurred. Instead, the CAPM is designed to help investors and portfolio managers determine optimal asset portfolios. That is, the CAPM is designed to help people make decisions about assets with uncertain future returns, rather than to analyze the actual past …
Why Quine Is Not A Postmodernist, Brian Leiter
Parol Evidence Rule, The Plain Meaning Rule, And The Principles Of Contractual Interpretation, Eric A. Posner
Parol Evidence Rule, The Plain Meaning Rule, And The Principles Of Contractual Interpretation, Eric A. Posner
Articles
No abstract provided.
The Problematics Of Moral And Legal Theory, Richard A. Posner
The Problematics Of Moral And Legal Theory, Richard A. Posner
Articles
In these Holmes Lectures, delivered a century after the publication of Oliver Wendell Holmes's great essay The Path of the Law, Judge Posner argues for an essentially Holmesian conception of the proper relations among modern normative moral philosophy ("academic moralism"), morality, and law. Academic moralism, he argues, lacks either the intellectual cogency or the emotional power to change people's beliefs or behavior; the power to do so resides in "moral entrepreneurs," which academic moralists emphatically are not. Academic moralism's lack of cogency disqualifies it to guide judicial decisionmaking even - in fact, especially - in cases involving controversial moral issues, …
Why Plain Meaning?, David A. Strauss
How Law Constructs Preferences, Cass R. Sunstein
The Right To Die And The Jurisprudence Of Tradition, Michael W. Mcconnell
The Right To Die And The Jurisprudence Of Tradition, Michael W. Mcconnell
Articles
No abstract provided.
Narrative And Naratology In Classroom And Courtroom, Richard A. Posner
Narrative And Naratology In Classroom And Courtroom, Richard A. Posner
Articles
No abstract provided.
The Art Of Law And Economics: An Autobiographical Essay, William M. Landes
The Art Of Law And Economics: An Autobiographical Essay, William M. Landes
Articles
No abstract provided.
Is Tobacco A Drug? - Administrative Agencies As Common Law Courts Regulations, Cass R. Sunstein
Is Tobacco A Drug? - Administrative Agencies As Common Law Courts Regulations, Cass R. Sunstein
Articles
Professor Cass Sunstein argues that the FDA has the authority to regulate tobacco products. He considers the text of the Federal Food, Drug, and Cosmetic Act, which supports the FDA assertion, and the context of its enactment, which argues against the FDA. He resolves the tension between text and context in favor of FDA jurisdiction by turning to the emerging role of administrative agencies. In modem government, he contends, administrative agencies have become America's common law courts, with the power to adapt statutory regimes to new facts and new values when the underlying statute is ambiguous. Professor Sunstein's Article, like …