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Articles 31 - 34 of 34
Full-Text Articles in Law
An Interpretivist Agenda, Gary S. Lawson
An Interpretivist Agenda, Gary S. Lawson
Faculty Scholarship
As I write these words, bevies of law clerks assigned to cases involving the Bill of Rights are dutifully editing their bench memos for publication in the national reporter system. Once printed, these bench memos will be solemnly treated by lawyers, scholars, other law clerks, and the occasional judge who runs across them as legally significant, or even binding, interpretations of the Constitution. Two features of this burgeoning mass of otherwise unpublishable law review comments bear mention. First, most of them are tedious, tendentious, pretentious, and badly reasoned when reasoned at all, just as one would expect from authors who …
The Internalization Paradox And Workers' Compensation, Keith N. Hylton
The Internalization Paradox And Workers' Compensation, Keith N. Hylton
Faculty Scholarship
By providing a scientific link between the compensatory and deterrence goals of tort law, the Pigovian theory of externalities has had an enormous influence on modem torts scholarship and tort doctrine.
Intra-Professional Warfare Between Prosecutors And Defense Attorneys, Nancy J. Moore
Intra-Professional Warfare Between Prosecutors And Defense Attorneys, Nancy J. Moore
Faculty Scholarship
Until recently, I was only vaguely aware of the ongoing "war" be- tween the United States Department of Justice and the American Bar Association over the ethical conduct of prosecutors in their relation- ships with criminal defense attorneys.' Indeed, while I had always covered some aspects of prosecutorial misconduct in my professional responsibility course, I had never included either of the two ethics rules debated in this symposium-Model Rules 4.2 [hereinafter "the anti- contact rule"]2 and 3.8(f) [hereinafter "the subpoena rule"].3
Long-Term Debt, The Term Structure Of Interest And The Case For Accrual Taxation, Theodore S. Sims
Long-Term Debt, The Term Structure Of Interest And The Case For Accrual Taxation, Theodore S. Sims
Faculty Scholarship
During the past 25 years, the Internal Revenue Code has become increasingly sophisticated in its treatment of long-term debt. That transformation occurred as part of a wider set of legislative changes, changes that have made the Code generally more sensitive to the consequences of compound interest and discounted (or present) values. Much of this was dictated by necessity. By ignoring the effects of compound interest, the Code often measured income in a way that was economically unsound, and thereby allowed taxpayers to take advantage of the statutory shortcomings, often with dramatic, unanticipated results.