Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1771 - 1800 of 1823

Full-Text Articles in Law

The Chancellor's Boot, Stephen B. Burbank Jan 1988

The Chancellor's Boot, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


The Federalist's Plain Meaning: Reply To Tushnet, Anita L. Allen Jan 1988

The Federalist's Plain Meaning: Reply To Tushnet, Anita L. Allen

All Faculty Scholarship

No abstract provided.


Privacy, Surrogacy, And The Baby M Case, Anita L. Allen Jan 1988

Privacy, Surrogacy, And The Baby M Case, Anita L. Allen

All Faculty Scholarship

No abstract provided.


The Mystery And Myth Of "Ostensible Ownership" And Article 9 Filing: A Critique Of Proposals To Extend Filing Requirements To Leases, Charles W. Mooney Jr. Jan 1988

The Mystery And Myth Of "Ostensible Ownership" And Article 9 Filing: A Critique Of Proposals To Extend Filing Requirements To Leases, Charles W. Mooney Jr.

All Faculty Scholarship

No abstract provided.


The Costs Of Complexity, Stephen B. Burbank Apr 1987

The Costs Of Complexity, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


Taking Liberties: Privacy, Private Choice, And Social Contract Theory, Anita L. Allen Jan 1987

Taking Liberties: Privacy, Private Choice, And Social Contract Theory, Anita L. Allen

All Faculty Scholarship

No abstract provided.


Gerontology And The Law: A Selected Bibliography, 1948-85 Update, Pauline M. Aranas, Mary Jo Brazil, Paul M. George Jan 1987

Gerontology And The Law: A Selected Bibliography, 1948-85 Update, Pauline M. Aranas, Mary Jo Brazil, Paul M. George

All Faculty Scholarship

No abstract provided.


Alternative Career Resolution: An Essay On The Removal Of Federal Judges, Stephen B. Burbank Jan 1987

Alternative Career Resolution: An Essay On The Removal Of Federal Judges, 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 Jan 1987

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

All Faculty Scholarship

No abstract provided.


Hybrid Principles For The Distribution Of Criminal Sanctions, Paul H. Robinson Jan 1987

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 Jul 1986

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

All Faculty Scholarship

No abstract provided.


Duties To Offset Competitive Advantages, Richard B. Dagen, Michael S. Knoll Jan 1986

Duties To Offset Competitive Advantages, Richard B. Dagen, Michael S. Knoll

All Faculty Scholarship

No abstract provided.


Discrimination, Jobs, And Politics, Anita L. Allen Jan 1986

Discrimination, Jobs, And Politics, Anita L. Allen

All Faculty Scholarship

No abstract provided.


Rising Above Principle, Geoffrey C. Hazard Jr. Jan 1986

Rising Above Principle, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.


Resistance Tactics For Tokens, Regina Austin Jan 1986

Resistance Tactics For Tokens, Regina Austin

All Faculty Scholarship

No abstract provided.


Gray-Market Imports: Causes, Consequences And Responses, Michael S. Knoll Jan 1986

Gray-Market Imports: Causes, Consequences And Responses, Michael S. Knoll

All Faculty Scholarship

This article explores the issue of gray-market imports. The author explains the four causes of gray-market imports and explores the possibility of private remedies in order to stem the flow of these imports. The article then turns to the possibility of protection in the public sector by discussing pertinent statutory provisions and the development of the case law in this area.


The Integration Of Responsibility And Values: Legal Education In An Alternative Consciousness Of Lawyering And Law, Howard Lesnick Jan 1986

The Integration Of Responsibility And Values: Legal Education In An Alternative Consciousness Of Lawyering And Law, Howard Lesnick

All Faculty Scholarship

No abstract provided.


Proposals To Amend Rule 68 - Time To Abandon Ship, Stephen B. Burbank Jan 1986

Proposals To Amend Rule 68 - Time To Abandon Ship, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


Foreign Investment: Foreign Economic Contract Law, Jacques Delisle Jan 1986

Foreign Investment: Foreign Economic Contract Law, Jacques Delisle

All Faculty Scholarship

No abstract provided.


Interjurisdictional Preclusion, Full Faith And Credit And Federal Common Law: A General Approach, Stephen B. Burbank Jan 1986

Interjurisdictional Preclusion, Full Faith And Credit And Federal Common Law: A General Approach, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


Developments In Law - Toxic Waste Litigation, Howard F. Chang Jan 1986

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 Jan 1985

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 Jan 1985

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

All Faculty Scholarship

No abstract provided.


Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William W. Bratton Jan 1985

Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William W. Bratton

All Faculty Scholarship

No abstract provided.


Social Science And Segregation Before Brown, Herbert J. Hovenkamp Jan 1985

Social Science And Segregation Before Brown, Herbert J. Hovenkamp

All Faculty Scholarship

The courts must bear a heavy share of the burden of American racism. An outpouring of historical scholarship on racism and the American law reveals the outrageous and humiliating extent to which American lawyers, judges, and legislators created, perpetuated, and defended racist American institutions. The law is not autonomous, however, particularly in areas of explicit public policy making. Lawyers did not invent racism. Rather they created racist institutions because society was racist and racism was implicit in its values. The trend in scholarship on the legal history of American racism, however, has been to place most of the blame for …


Evolutionary Models In Jurisprudence, Herbert J. Hovenkamp Jan 1985

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 …


Excusing The Crazy: The Insanity Defense Reconsidered, Stephen J. Morse Jan 1985

Excusing The Crazy: The Insanity Defense Reconsidered, Stephen J. Morse

All Faculty Scholarship

No abstract provided.


Antitrust Policy After Chicago, Herbert J. Hovenkamp Jan 1985

Antitrust Policy After Chicago, Herbert J. Hovenkamp

All Faculty Scholarship

This article, which was published in 1985, describes the development of a "Post-Chicago" antitrust policy. The Chicago School of antitrust analysis has made an important and lasting contribution to antitrust policy. The School has placed an emphasis on economic analysis in antitrust jurisprudence that will likely never disappear. At the same time, however, the Chicago School's approach to antitrust is defective for two important reasons. First of all, the notion that public policymaking should be guided exclusively by a notion of efficiency based on the neoclassical market efficiency model is naive. That notion both overstates the ability of the policymaker …


Justice, Mercy, And Craziness, Stephen J. Morse Jul 1984

Justice, Mercy, And Craziness, Stephen J. Morse

All Faculty Scholarship

No abstract provided.


The Economics And Jurisprudence Of Convertible Bonds, William W. Bratton Jan 1984

The Economics And Jurisprudence Of Convertible Bonds, William W. Bratton

All Faculty Scholarship

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 …