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Articles 1 - 27 of 27
Full-Text Articles in Law
The Rico Nexus Requirement: A "Flexible" Linkage, Michigan Law Review
The Rico Nexus Requirement: A "Flexible" Linkage, Michigan Law Review
Michigan Law Review
This Note argues that the RICO "nexus" requirement can be interpreted to limit effectively this overbroad use of RICO without emasculating the statute. The "nexus requirement" is generally described as defining the word "through" in section 1962(c), the provision of RICO that makes it illegal to "conduct or participate, directly or indirectly, in the conduct of [an] enterprise's affairs through a pattern of racketeering activity." This language establishes the necessity of proving a relationship between the enterprise and the racketeering. Once evidence of the alleged enterprise and the predicate racketeering acts has been submitted, the final element of ...
The Future Of The Common Law Tradition, Alan Watson
The Future Of The Common Law Tradition, Alan Watson
Scholarly Works
What, then, can one say about the common law tradition as it will develop in the relatively near future? In terms of the future development of the common law systems, three facts seem certain and decisive. In the first place, there has been, as a matter of observable fact, a great shift in the balance of lawmaking in the common law world from judicial precedent to legislation, which together comprise the two main sources of law. In the second place, there is a deep awareness in the common law countries of a crisis in lawmaking, an awareness that is probably ...
Truth And Hierarchy: Will The Circle Be Unbroken?, David Fraser
Truth And Hierarchy: Will The Circle Be Unbroken?, David Fraser
Buffalo Law Review
No abstract provided.
Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper
Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper
Michigan Law Review
The thrust of this Article is to attempt to ascertain just what differences the Court's judgments upholding individual constitutional rights have made for those who fall within the ambit of their protection. It seeks to address such questions as: What were the conditions that existed before the Court's ruling? How many people were subject to the regime that was invalidated by the Justices? Was the Court's mandate successfully implemented? What were the consequences for those affected? At a subjective level, were the repercussions perceived as salutary by those (or at least most of those) who were the ...
Taking Needs Seriously: Observations On The Necessity For Constitutional Change, Arthur S. Miller
Taking Needs Seriously: Observations On The Necessity For Constitutional Change, Arthur S. Miller
Washington and Lee Law Review
No abstract provided.
Philosophical Hermeneutics: Toward An Alternative View Of Adjudication, James J. Hamula
Philosophical Hermeneutics: Toward An Alternative View Of Adjudication, James J. Hamula
BYU Law Review
No abstract provided.
Thoughts On Decisionmaking, Patricia M. Wald
Thoughts On Decisionmaking, Patricia M. Wald
West Virginia Law Review
No abstract provided.
Justice, Mercy, And Craziness, Stephen J. Morse
Justice, Mercy, And Craziness, Stephen J. Morse
Faculty Scholarship at Penn Law
No abstract provided.
A Response To D.A.J. Richards' Defense Of Freewheeling Constitutional Adjudication, Raoul Berger
A Response To D.A.J. Richards' Defense Of Freewheeling Constitutional Adjudication, Raoul Berger
Indiana Law Journal
No abstract provided.
The Florida Industrial Development Bond Financing Act: The Need For Judicial Consistency, Dennis Scholl, Marc D. Jimenez
The Florida Industrial Development Bond Financing Act: The Need For Judicial Consistency, Dennis Scholl, Marc D. Jimenez
Florida State University Law Review
No abstract provided.
Revitalizing American Liberalism, David Gregory
Revitalizing American Liberalism, David Gregory
Buffalo Law Review
Book review of Brue Ackerman's Reconstructing American Law
The Jurisprudence Of The Connecticut Constitution, Richard Kay
The Jurisprudence Of The Connecticut Constitution, Richard Kay
Faculty Articles and Papers
No abstract provided.
Hart's Definition And Theory In Jurisprudence Again, Robert Birmingham
Hart's Definition And Theory In Jurisprudence Again, Robert Birmingham
Faculty Articles and Papers
No abstract provided.
Connecticut V. Johnson: Can Sandstrom Error Ever Be Harmless?, Charles A. Dorff Jr.
Connecticut V. Johnson: Can Sandstrom Error Ever Be Harmless?, Charles A. Dorff Jr.
Loyola University Chicago Law Journal
No abstract provided.
On Complaining About The Burger Court, Robert F. Nagel
The Federal Coconspirator Exception: Action, Assertion, And Hearsay, Christopher B. Mueller
The Federal Coconspirator Exception: Action, Assertion, And Hearsay, Christopher B. Mueller
Articles
No abstract provided.
Froud V. Celotex Corp.: Rebirth Of An Adage, 17 J. Marshall L. Rev. 781 (1984), Thomas F. Londrigan
Froud V. Celotex Corp.: Rebirth Of An Adage, 17 J. Marshall L. Rev. 781 (1984), Thomas F. Londrigan
UIC Law Review
No abstract provided.
Negligent Performance Of Service Contracts And The Economic Loss Doctrine, 17 J. Marshall L. Rev. 249 (1984), Timothy L. Bertschy
Negligent Performance Of Service Contracts And The Economic Loss Doctrine, 17 J. Marshall L. Rev. 249 (1984), Timothy L. Bertschy
UIC Law Review
No abstract provided.
Container Corporation Of America V. Franchise Tax Board: State Taxation Of Foreign Income And The Worldwide Combined Unitary Method: The United States Supreme Court Passes The Buck To Congress, 17 J. Marshall L. Rev. 587 (1984), Daniel Frommeyer
UIC Law Review
No abstract provided.
Allocational Sanctions: The Problem Of Negative Rights In A Positive State, Seth F. Kreimer
Allocational Sanctions: The Problem Of Negative Rights In A Positive State, Seth F. Kreimer
Faculty Scholarship at Penn Law
No abstract provided.
The Source Of Law In Civil Rights Cases; Some Old Light On Section 1988, Seth F. Kreimer
The Source Of Law In Civil Rights Cases; Some Old Light On Section 1988, Seth F. Kreimer
Faculty Scholarship at Penn Law
No abstract provided.
Notes On A Bicentennial Constitution: Part I, Processes Of Change, William W. Van Alstyne
Notes On A Bicentennial Constitution: Part I, Processes Of Change, William W. Van Alstyne
Faculty Scholarship
With the approach of the Bill of Rights bicentennial, this paper takes the cause for celebration as an equally important occasion for critique. This work argues that the most distinguishing aspects of our Constitution are not the Bill of Rights, federalism, and separation of powers, but rather the availability of judicial review, the political insulation of federal judges, and the limited mechanisms available for constitutional change.
Imputed Criminal Liability, Paul H. Robinson
Imputed Criminal Liability, Paul H. Robinson
Faculty Scholarship at Penn Law
No abstract provided.
Statutory Interpretation In America: Dipping Into Legislative History, Part Ii, Reed Dickerson
Statutory Interpretation In America: Dipping Into Legislative History, Part Ii, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Statutory Interpretation In America: Dipping Into Legislative History, Part I, Reed Dickerson
Statutory Interpretation In America: Dipping Into Legislative History, Part I, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Criminal Liability For Omissions: A Brief Summary And Critique Of The Law In The United States, Paul H. Robinson
Criminal Liability For Omissions: A Brief Summary And Critique Of The Law In The United States, Paul H. Robinson
Faculty Scholarship at Penn Law
No abstract provided.
The Economics And Jurisprudence Of Convertible Bonds, William W. Bratton
The Economics And Jurisprudence Of Convertible Bonds, William W. Bratton
Faculty Scholarship at Penn Law
Professor Bratton examines judicial regulation of issuer-bondholder conflicts of interest within three different, but closely related doctrinal frameworks: neoclassical contract interpretation; contract avoidance; and corporate law fiduciary restraint. After discussing the elements of convertible bond valuation and their interaction with issuer actions giving rise to conflicts of interest, he evaluates the case for judicial intervention to protect bondholder interests. He concludes that ·bondholder protective intervention is fair and tolerably efficient, provided it is kept within the bounds of contract interpretation. But he finds that more aggressive judicial intervention under the frameworks of contract avoidance and fiduciary restraint carries an unnecessary ...