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Selected Works

1993

Discipline
Institution
Keyword
Publication

Articles 31 - 60 of 160

Full-Text Articles in Law

Coordination By Default, Richard Warner Feb 1993

Coordination By Default, Richard Warner

Richard Warner

No abstract provided.


Format And Content Standards For The Electronic Exchange Of Legal Information, Henry H. Perritt Feb 1993

Format And Content Standards For The Electronic Exchange Of Legal Information, Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.


Introduction, The Congress, The Courts And Computer Based Communications Networks: Answering Questions About Access And Content Control, Symposium, Henry H. Perritt Feb 1993

Introduction, The Congress, The Courts And Computer Based Communications Networks: Answering Questions About Access And Content Control, Symposium, Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.


Of Citizen Suits And Citizen Sunstein (With E. Shenkman), Harold J. Krent Feb 1993

Of Citizen Suits And Citizen Sunstein (With E. Shenkman), Harold J. Krent

Harold J. Krent

No abstract provided.


Fee Shifting Under The Equal Access To Justice Act -- A Qualified Success, Harold Krent Jan 1993

Fee Shifting Under The Equal Access To Justice Act -- A Qualified Success, Harold Krent

Harold J. Krent

No abstract provided.


Explaining One-Way Fee Shifting, Harold J. Krent Jan 1993

Explaining One-Way Fee Shifting, Harold J. Krent

Harold J. Krent

No abstract provided.


Public Employees' Rights To Strike: Law And Experience, Martin H. Malin Jan 1993

Public Employees' Rights To Strike: Law And Experience, Martin H. Malin

Martin H. Malin

No abstract provided.


Afterword: Labor Law Reform: Waiting For Congress?, Martin H. Malin Jan 1993

Afterword: Labor Law Reform: Waiting For Congress?, Martin H. Malin

Martin H. Malin

No abstract provided.


Privatizing Justice: A Jurisprudential Perspective On Labor And Employment Arbitration From The Steelworkers Trilogy To Gilmer (With R. Ladenson), Martin H. Malin Jan 1993

Privatizing Justice: A Jurisprudential Perspective On Labor And Employment Arbitration From The Steelworkers Trilogy To Gilmer (With R. Ladenson), Martin H. Malin

Martin H. Malin

No abstract provided.


The Public Square And The Jew As Religious Other, Sheldon Nahmod Jan 1993

The Public Square And The Jew As Religious Other, Sheldon Nahmod

Sheldon Nahmod

No abstract provided.


United States Supreme Court Decides Pension Benefit Case, Richard Coulson Jan 1993

United States Supreme Court Decides Pension Benefit Case, Richard Coulson

Richard Coulson

No abstract provided.


Comparing Similarly Situated People In Disparate Treatment Cases, David G. Karro Jan 1993

Comparing Similarly Situated People In Disparate Treatment Cases, David G. Karro

David G. Karro

I wrote this in 1993 for paralegals and new attorneys who were having trouble understanding the concept of comparing similarly situated people in order to prove motive. Many lawyers and paralegals approach the topic mechanically, without any real conception of what makes a comparison of the treatment of people probative, or not probative, of intentional discrimination. Although fifteen years old as of the time of this writing (2008), I believe the approach remains valid and still has significant pedagogical value for newcomer to the area. The citations are also useful for lawyers under who need a quick way of getting …


Rights, Revolution, And The Paradox Of Constitutionalism: The Processes Of Constitutional Change In Pennsylvania, Harry L. Witte Jan 1993

Rights, Revolution, And The Paradox Of Constitutionalism: The Processes Of Constitutional Change In Pennsylvania, Harry L. Witte

Harry L Witte

No abstract provided.


Medición De La Seguridad Jurídica, Horacio M. Lynch Jan 1993

Medición De La Seguridad Jurídica, Horacio M. Lynch

Horacio M. LYNCH

Concurso Asociación de Bancos de la República Argentina (ADEBA).


Foreward To The Symposium On The Restatement Of Law Governing Lawyers, Judith Maute Jan 1993

Foreward To The Symposium On The Restatement Of Law Governing Lawyers, Judith Maute

Judith L. Maute

No abstract provided.


The Pedagogy Of Legal Writing, Christopher Simoni Jan 1993

The Pedagogy Of Legal Writing, Christopher Simoni

Christopher Simoni

No abstract provided.


The Paradox Of Ideology, Justin Schwartz Jan 1993

The Paradox Of Ideology, Justin Schwartz

Justin Schwartz

A standard problem with the objectivity of social scientific theory in particular is that it is either self-referential, in which case it seems to undermine itself as ideology, or self-excepting, which seem pragmatically self-refuting. Using the example of Marx and his theory of ideology, I show how self-referential theories that include themselves in their scope of explanation can be objective. Ideology may be roughly defined as belief distorted by class interest. I show how Marx thought that natural science was informed by class interest but not therefore necessarily ideology. Capitalists have an interest in understanding the natural world (to a …


Functional Explanation And Metaphysical Individualism, Justin Schwartz Jan 1993

Functional Explanation And Metaphysical Individualism, Justin Schwartz

Justin Schwartz

A number of (present or former) analytical Marxists, such as Jon Elster, have argued that functional explanation has almost no place in the social sciences. (Although the discussion is framed in terms of a debate among analytical Marxists, the point is quite general, and Marxism is used for illustrative purposes.) Functional explanation accounts for what is to be explained by reference to its function; thus, sighted organism have eyes because eyes enable them to see. Elster and other critics of functional explanation argue that this pattern of explanation is inconsistent with "methodological individualism," the idea, as they understand it, that …


Big Bang Era Changing Problem, Milan Meszaros Jan 1993

Big Bang Era Changing Problem, Milan Meszaros

Milan Meszaros physicist

The study proves that the attempts for solutions of era changing problem are imperfect patchwork.


The Age Discrimination In Employment Act, Title Vii, And The Civil Rights Act Of 1991: Three Acts And A Dog That Didn’T Bark, Howard C. Eglit Jan 1993

The Age Discrimination In Employment Act, Title Vii, And The Civil Rights Act Of 1991: Three Acts And A Dog That Didn’T Bark, Howard C. Eglit

Howard C. Eglit

No abstract provided.


The 1992 Paris Convention For The Protection Of The Marine Environment Of The North-East Atlantic: A Critical Analysis, Ellen Hey, Ton Ijlstra, André Nollkaemper Jan 1993

The 1992 Paris Convention For The Protection Of The Marine Environment Of The North-East Atlantic: A Critical Analysis, Ellen Hey, Ton Ijlstra, André Nollkaemper

André Nollkaemper

No abstract provided.


Los Impresos Novohispanos En Las Bibliografías Del Derecho Mexicano, Alejandro Mayagoitia Jan 1993

Los Impresos Novohispanos En Las Bibliografías Del Derecho Mexicano, Alejandro Mayagoitia

Alejandro Mayagoitia

No abstract provided.


Bad Policy As A Recipe For Bad Federalism In The Regulation Of Canadian Financial Institutions: The Case Of Loan And Trust Companies, Ronald J. Daniels Jan 1993

Bad Policy As A Recipe For Bad Federalism In The Regulation Of Canadian Financial Institutions: The Case Of Loan And Trust Companies, Ronald J. Daniels

Ronald J. Daniels

This article addresses the impact of substantive policy on federal arrangements in the regulation of Canadian loan and trust companies. It is argued that reliance on market-suppressing policies (flat-rate based deposit insurance and selective bail·outs of depositors in the event of institutional failure) has undermined the value of competitive federalism in this area, and has spawned highly contentious policy initiatives such as Ontario's Equals Approach. To redress the federalism problems in the regulation of loan and trusts, a useful starting point would be the enhancement of market forces in substantive policy. Here, it is argued that the commitment to secrecy …


Breaking The Logjam: Proposals For Moving Beyond The Equals Approach, Ronald J. Daniels Jan 1993

Breaking The Logjam: Proposals For Moving Beyond The Equals Approach, Ronald J. Daniels

Ronald J. Daniels

Over the last decade, the structure and performance of Canadian financial institutions has undergone a profound transformation. Propelled by both regulatory changes and market innovations, Canadian financial institutions have found their historically protected markets opened to intense competition from a variety of different sources. The most significant regulatory change has been the piecemeal dismantling of the pillars that have traditionally separated the core activities of banks, insurance companies, loan and trust companies, and securities dealers from encroachment by one another. With lower entry barriers, institutions have scrambled to penetrate each other's markets. This entry has spurred a narrowing of differences …


Stakeholders And Takeovers: Can Contractarianism Be Compassionate?, Ronald J. Daniels Jan 1993

Stakeholders And Takeovers: Can Contractarianism Be Compassionate?, Ronald J. Daniels

Ronald J. Daniels

The issue of what, if any, purchase non-shareholder corporate constituencies (that is, employees, creditors, suppliers, customers, and communities) should have on the discretionary decisions of corporate management has proved to be one of the most durable, if not vexing, issues in modern corporate scholarship. Most recently, the issue has resurfaced in the context of the takeover wave of the 1980s, particularly during the latter part of the decade when control transactions became associated with high levels of leverage. At core, stakeholder advocates were riveted by the asymmetries involved in change-of-control transactions. While target shareholders earned consistent and sizeable returns from …


Growing Pains: The Why And How Of Canadian Law Firm Expansion, Ronald J. Daniels Jan 1993

Growing Pains: The Why And How Of Canadian Law Firm Expansion, Ronald J. Daniels

Ronald J. Daniels

Over the last decade, the Canadian corporate law firm, like its counterparts in other industrialized countries, has undergone a profound transformation, the most remarkable feature of which has been the rapid growth of individual firms. Whereas a mere decade ago only one Canadian firm could boast of having more than 100 lawyers, today there are at least 19 firms that can make this claim. Accompanying the firms' rapid growth has been their steady expansion into distant national and international markets. Significantly, even when that expansion has been confined to local markets, law firms have invoked a much broader array of …


Comments Submitted To Fcc Notice Of Inquiry On Consumer Electronics Compatibility Rules, Ron D. Katznelson Jan 1993

Comments Submitted To Fcc Notice Of Inquiry On Consumer Electronics Compatibility Rules, Ron D. Katznelson

Ron D. Katznelson

No abstract provided.


The Constitutional Ghetto, Robert L. Hayman, Nancy Levit Jan 1993

The Constitutional Ghetto, Robert L. Hayman, Nancy Levit

Nancy Levit

The goal of this Article is to assess two Supreme Court desegregation decisions. It is our view that Board of Education v. Dowell and Freeman v. Pitts are, by almost every measure, seriously flawed decisions. The opinions of the Court rest on epistemic premises - reductionist views of race and racism, and an absurdly formalistic conception of equality - that are by turns either anachronistic, cramped and inauthentic, or demonstrably wrong. Worse, they promote a vision of American society - fragmented, hierarchical, and shamelessly individualistic - that is fundamentally inconsistent both with the egalitarian norms embodied in the Fourteenth Amendment …


Bases Para La Regulación Jurídica Del Crédito Al Consumo, Martin Paolantonio, Salvador Bergel Jan 1993

Bases Para La Regulación Jurídica Del Crédito Al Consumo, Martin Paolantonio, Salvador Bergel

Martin Paolantonio

Análisis de lege ferenda, con referencias de derecho comparado, sobre la conveniencia y alternativas para una regulación particular del crédito al consumo. El trabajo señala las principales características del crédito al consumo que explican porqué en el derecho comparado es habitual un tratamiento separado respecto de la disciplina general de tutela del consumidor


Distribución Comercial, Control Externo Y Quiebra, Martin Paolantonio Jan 1993

Distribución Comercial, Control Externo Y Quiebra, Martin Paolantonio

Martin Paolantonio

A propósito de un fallo judicial, un análisis de la posibilidad de extender la quiebra en casos de control externo, particularmente en virtud de contratos de distribución comercial