Law Commons^™

Ways To Think About The Unitary Executive: A Comment On Approaches To Government Structure, Michael A. Fitts

All Faculty Scholarship

No abstract provided.

Codifying Criminal Law: Do Modern Codes Have It Right?, Paul H. Robinson

All Faculty Scholarship

No abstract provided.

Self-Regulation, Normative Choice, And The Structure Of Corporate Fiduciary Law, William W. Bratton

All Faculty Scholarship

No abstract provided.

Confronting The Ethical Case Against The Ethical Case For Constituency Rights, William W. Bratton

All Faculty Scholarship

No abstract provided.

Foreword: The Law Of Federal Judicial Discipline And The Lessons Of Social Science, Stephen B. Burbank, Sheldon Jay Plager

All Faculty Scholarship

No abstract provided.

State Ethical Codes And Federal Practice: Emerging Conflicts And Suggestions For Reform, Stephen B. Burbank

All Faculty Scholarship

The standards for resolving putative conflicts between federal laws are not always clear, and neither for that matter is the standard for determining what constitutes a federal law capable of superseding effect. The technique of setting federal norms of professional conduct on a decentralized basis by borrowing or incorporating state norms is increasingly troublesome to the extent that the borrowed state norms are disuniform and that they are being put to multiple remedial purposes. Federal legislation preempting state law of professional conduct is conceivable but hardly likely, particularly as the norms are pressed into duty for purposes other than professional …

Tort Law As A Comparative Institution, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.

Rewriting History: The Propriety Of Eradicating Prior Decisional Law Through Settlement And Vacatur, Jill E. Fisch

All Faculty Scholarship

No abstract provided.

The Wellsprings Of Legal Responses To Inequality: A Perspective On Perspectives, Howard Lesnick

All Faculty Scholarship

No abstract provided.

Retaining The Rule Of Law In A Chevron World, Michael A. Fitts

All Faculty Scholarship

No abstract provided.

Rules Of Conduct And Principles Of Adjudication, Paul H. Robinson

All Faculty Scholarship

In this article I will show why our legal system's rules of conduct are presently unclear, how the system arrived at its current state, and what can be done to make the rules of conduct clearer. My arguments and conclusions are, in brief, as follows: The criminal law fails to communicate clear rules of conduct because it fails to distinguish this communicative function from that of adjudicating violations of the rules, which requires primarily an assessment of the blameworthiness of the violator. These two functions - announcing public rules of conduct and assessing individual blame in adjudication of a violation …

Mark Tushnet On Liberal Constitutional Theory: Mission Impossible, Frank Goodman

All Faculty Scholarship

No abstract provided.

Government "Largesse" And Constitutional Rights: Some Paths Through And Around The Swamp, Seth F. Kreimer

All Faculty Scholarship

No abstract provided.

The "Nexus Of Contracts" Corporation: A Critical Appraisal, William W. Bratton

All Faculty Scholarship

No abstract provided.

Look Before You Leap: Some Cautionary Notes On Civic Republicanism, Michael A. Fitts

All Faculty Scholarship

No abstract provided.

The Chancellor's Boot, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

Rethinking The Rules Against Corporate Privacy Rights: Some Conceptual Quandries For The Common Law, Anita L. Allen

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No abstract provided.

Hybrid Principles For The Distribution Of Criminal Sanctions, Paul H. Robinson

All Faculty Scholarship

Most criminal codes, and most criminal law courses, begin with the 'familiar litany' of the purposes of criminal law sanctions - just punishment, deterrence, incapacitation of the dangerous, and rehabilitation. We train and direct our lawyers, judges, and legislators to use these purposes as guiding principles for the distribution of criminal sanctions. The purposes are thus to guide both the drafting and interpretation of criminal statutes and the imposition of criminal sentences in individual cases. The purposes frequently conflict, however, as part I will demonstrate. Conflicts arise because each purpose requires consideration of different criteria; in some cases, a particular …

Artists, Workers, And The Law Of Work: Keynote Address, Howard Lesnick

All Faculty Scholarship

No abstract provided.

Developments In Law - Toxic Waste Litigation, Howard F. Chang

All Faculty Scholarship

No abstract provided.

Interjurisdictional Preclusion And Federal Common Law: Toward A General Approach, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

Afterwords: A Response To Professor Hazard And A Comment On Marrese, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

Evolutionary Models In Jurisprudence, Herbert J. Hovenkamp

All Faculty Scholarship

Few ideas in intellectual history have been so captivating that they have overflowed the discipline from which they came and spilled over into everything else. The theory of evolution is unquestionably one of these. Evolution was an idea so powerful that it seemed obvious when Charles Darwin offered it. After all, there were prominent evolutionists a century before Darwin. Charles Darwin merely presented a model that made the theory plausible. It was a model, though, that infected everything, and one that appeared to answer every question worth asking, no matter what the subject. The model had the potential to lead …

Professor Brest On State Action And Liberal Theory, And A Postscript To Professor Stone, Frank Goodman

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No abstract provided.

An Historical Perspective On The Attorney-Client Privilege, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.

Judicial Review Of Federal Administrative Action: Quest For The Optimum Forum, David P. Currie, Frank I. Goodman

All Faculty Scholarship

Professors Currie and Goodman present a comprehensive analysis of the variables that must be isolated and weighed in determining the optimum forum for judicial review of administrative action. While the backdrop for this study is the caseload crisis presently confronting the federal courts of appeals, their discussion illuminates the requsites for optimum judicial review generally.

Failing to perceive any compelling reason to single out administrative cases for review (in separate courts, the authors argue against the creation of special administrative appeals courts. Even if such courts were to enjoy broad subject matter jurisdiction over the most demanding aspects of the …

Note, The Preemption Doctrine: Shifting Perspectives On Federalism And The Burger Court, William W. Bratton

All Faculty Scholarship

No abstract provided.

An Historical And Critical Analysis Of Interpleader, Geoffrey C. Hazard Jr., Myron Moskovitz

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No abstract provided.

Insanity As A Defense: The Bifurcated Trial, David W. Louisell, Geoffrey Hazard

All Faculty Scholarship

No abstract provided.