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Articles 1771 - 1800 of 1823
Full-Text Articles in Law
The Chancellor's Boot, Stephen B. Burbank
The Chancellor's Boot, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
The Federalist's Plain Meaning: Reply To Tushnet, Anita L. Allen
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
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.
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
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
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
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
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
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
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
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
Duties To Offset Competitive Advantages, Richard B. Dagen, Michael S. Knoll
All Faculty Scholarship
No abstract provided.
Discrimination, Jobs, And Politics, Anita L. Allen
Discrimination, Jobs, And Politics, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Rising Above Principle, Geoffrey C. Hazard Jr.
Rising Above Principle, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Resistance Tactics For Tokens, Regina Austin
Resistance Tactics For Tokens, Regina Austin
All Faculty Scholarship
No abstract provided.
Gray-Market Imports: Causes, Consequences And Responses, Michael S. Knoll
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
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
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
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
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
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
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
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
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
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
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
Excusing The Crazy: The Insanity Defense Reconsidered, Stephen J. Morse
All Faculty Scholarship
No abstract provided.
Antitrust Policy After Chicago, Herbert J. Hovenkamp
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
Justice, Mercy, And Craziness, Stephen J. Morse
All Faculty Scholarship
No abstract provided.
The Economics And Jurisprudence Of Convertible Bonds, William W. Bratton
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 …