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Selected Works

1988

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Articles 61 - 90 of 95

Full-Text Articles in Law

It's Not That Simple: An Unnecessary Elimination Of Strict Liability And Presumed Damage In Libel Law, Alfred C. Yen Dec 1987

It's Not That Simple: An Unnecessary Elimination Of Strict Liability And Presumed Damage In Libel Law, Alfred C. Yen

Alfred C. Yen

No abstract provided.

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The Paradox Of A Title: Discrimination Within The Anti-Discrimination Provisions Of The Immigration Reform And Control Act Of 1986, Michael Scaperlanda Dec 1987

The Paradox Of A Title: Discrimination Within The Anti-Discrimination Provisions Of The Immigration Reform And Control Act Of 1986, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

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An Essay Concerning Judicial Resignation And Non-Cooperation In The Presence Of Evil, Bruce Ledewitz Dec 1987

An Essay Concerning Judicial Resignation And Non-Cooperation In The Presence Of Evil, Bruce Ledewitz

Bruce Ledewitz

No abstract provided.

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International Drug-Trafficking And Money-Laundering: Remarks, M. Bassiouni Dec 1987

International Drug-Trafficking And Money-Laundering: Remarks, M. Bassiouni

M. Cherif Bassiouni

No abstract provided.

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Congress Takes Exception To The Farm Products Exception Of The Ucc, Drew L. Kershen, J. Thomas Hardin Dec 1987

Congress Takes Exception To The Farm Products Exception Of The Ucc, Drew L. Kershen, J. Thomas Hardin

Drew L. Kershen

No abstract provided.

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Impracticability As Risk Allocation: Changed Circumstances Upon Contract Obligations For The Sale Of Goods, John D. Wladis Dec 1987

Impracticability As Risk Allocation: Changed Circumstances Upon Contract Obligations For The Sale Of Goods, John D. Wladis

John D Wladis

No abstract provided.

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Motivation And Tort Law: Acting For Economic Gain As A Suspect Motive, Martin A. Kotler Dec 1987

Motivation And Tort Law: Acting For Economic Gain As A Suspect Motive, Martin A. Kotler

Martin A. Kotler

Traditionally, tort scholars had claimed that the motives underlying a tortfeasor’s decision to act were largely irrelevant. This Article challenges that view by showing the recurring importance of motive. Specifically, whether the actor is perceived to have been motivated by a desire for personal economic gain or, conversely, motivated by altruism correlates closely with the development of tort doctrine imposing liability on the former and immunizing the latter.

The observation that the economically motivated actor has been disfavored historically contradicts much of the descriptive and normative law and economics literature which argued that wealth maximizing behavior was and should be …

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Introductory Comment: A Historical Introduction To The Securities Act Of 1933 And The Securities Exchange Act Of 1934, Elisabeth Keller Dec 1987

Introductory Comment: A Historical Introduction To The Securities Act Of 1933 And The Securities Exchange Act Of 1934, Elisabeth Keller

Elisabeth Keller

No abstract provided.

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Tacit Exclusion: Defining Code Terms Using Extraneous Referents, F. Stephen Knippenberg Dec 1987

Tacit Exclusion: Defining Code Terms Using Extraneous Referents, F. Stephen Knippenberg

F. Stephen Knippenberg

No abstract provided.

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Ethical Issues For Corporate Counsel In Internal Investigations: A Problem Analyzed, Drew L. Kershen Dec 1987

Ethical Issues For Corporate Counsel In Internal Investigations: A Problem Analyzed, Drew L. Kershen

Drew L. Kershen

No abstract provided.

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Remarks On The Internationalization Of The Securities Markets, Cynthia C. Lichtenstein Dec 1987

Remarks On The Internationalization Of The Securities Markets, Cynthia C. Lichtenstein

Cynthia C. Lichtenstein

No abstract provided.

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Antitrust And The Challenge Of Internationalization, David J. Gerber Dec 1987

Antitrust And The Challenge Of Internationalization, David J. Gerber

David J. Gerber

No abstract provided.

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International Discovery After Aerospatiale: The Quest For An Analytical Framework, David J. Gerber Dec 1987

International Discovery After Aerospatiale: The Quest For An Analytical Framework, David J. Gerber

David J. Gerber

No abstract provided.

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U.C.C. Methodology: Taking A Realistic Look At The Code, John L. Gedid Dec 1987

U.C.C. Methodology: Taking A Realistic Look At The Code, John L. Gedid

John L. Gedid

No abstract provided.

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William J. Connor: April 14, 1919-April 5, 1987; Father, Husband, Political Leader, Community Leader, Musician, Professor, Lawyer And Friend, Thomas J. Reed, Anthony J. Santoro Dec 1987

William J. Connor: April 14, 1919-April 5, 1987; Father, Husband, Political Leader, Community Leader, Musician, Professor, Lawyer And Friend, Thomas J. Reed, Anthony J. Santoro

Thomas J Reed

No abstract provided.

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Remarks (As Panelist) On "Environment, Economic Development And Human Rights: A Triangular Relationship?", David A. Wirth Dec 1987

Remarks (As Panelist) On "Environment, Economic Development And Human Rights: A Triangular Relationship?", David A. Wirth

David A. Wirth

No abstract provided.

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Who Speaketh For The Child?, Ruth-Arlene W. Howe Dec 1987

Who Speaketh For The Child?, Ruth-Arlene W. Howe

Ruth-Arlene W. Howe

No abstract provided.

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Promissory Estoppel Article 2 Of The U.C.C., And The Restatement (Third) Of Contracts, Michael T. Gibson Dec 1987

Promissory Estoppel Article 2 Of The U.C.C., And The Restatement (Third) Of Contracts, Michael T. Gibson

Michael T. Gibson

The thesis is that the text, legislative history, and purpose of Article 2 of the Uniform Commercial Code show that its drafters opposed the use of promissory estoppel in the law of Sales, that the relatively few courts which wrongly have used promissory estoppel in Sales cases have caused several major problems, and that the success of Article 2′s “agreement” theory, developed by Karl Llewellyn, has drastically reduced the need for promissory estoppel in commercial cases. In 1990, a group appointed by the Permanent Editorial Board of the Uniform Commercial Code cited this article in recommending revisions to Article 2 …

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Lawyers And The Rule Of Law In The Western Hemisphere, Claudio M. Grossman, Frederick R. Anderson Dec 1987

Lawyers And The Rule Of Law In The Western Hemisphere, Claudio M. Grossman, Frederick R. Anderson

Claudio M. Grossman

Relations between the United States and Latin America are once again entering a historic phase. How the nations of the Americas handle issues such as the rule of law and the role of judges and lawyers in human rights, trade, immigration, narcotics traffic, security, and natural resources development will shape the future of nations in this hemisphere. Because all of these issues have strong legal content, attorneys in the United States and Latin America have a particular responsibility to address them cooperatively.

A history of conflict between north and south, widely varying intellectual and cultural traditions, and numerous differences between …

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The Constitutional Priority Of The Charter, Brian Slattery Dec 1987

The Constitutional Priority Of The Charter, Brian Slattery

Brian Slattery

What rules determine the relative priority of the various Constitution Acts among themselves? In particular, how do the Constitution Act, 1982 and the Canadian Charter of Rights and Freedoms stand relative to constitutional provisions enacted after 1982? To what extent do they have the capacity to control later amendments? Various answers might be given to this question. This paper looks first at an answer with strong initial appeal. This invokes a principle of sequential ordering, which maintains that the priority between constitutional enactments is determined simply by the temporal sequence in which they were enacted. While this approach admits that …

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The Law In Cinema: An Emerging Field Of Study, Donald H. Hermann Dec 1987

The Law In Cinema: An Emerging Field Of Study, Donald H. Hermann

Donald Hermann

No abstract provided.

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Religion And International Law (Panel Discussion), Alberto R. Coll Dec 1987

Religion And International Law (Panel Discussion), Alberto R. Coll

Alberto Coll

No abstract provided.

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Privatization Of Prisons: An Analysis Of The State Action Requirement Of The Fourteenth Amendment And 42 U.S.C. § 1983, Ira P. Robbins Dec 1987

Privatization Of Prisons: An Analysis Of The State Action Requirement Of The Fourteenth Amendment And 42 U.S.C. § 1983, Ira P. Robbins

Ira P. Robbins

Introduction: The privatization of prisons raises important issues with respect to liability in suits brought by inmates. If a private company operates the prison, the state likely will be directly involved in some aspects of prison life, such as using force when necessary or making quasi-judicial decisions, but it may not be directly involved in the day-to-day operation of the institution. This dichotomy of involvement may lead to con- fusion over responsibility and accountability when a violation of rights is alleged to have occurred. When a private party, as opposed to a government employee, is charged with abridging rights guaranteed …

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Oil And Gas Financing Under Uniform Commercial Code Article 9, Alvin C. Harrell, Joseph R. Dancy Dec 1987

Oil And Gas Financing Under Uniform Commercial Code Article 9, Alvin C. Harrell, Joseph R. Dancy

Alvin C. Harrell

No abstract provided.

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A Perspective On The Financial System, Alvin C. Harrell Dec 1987

A Perspective On The Financial System, Alvin C. Harrell

Alvin C. Harrell

No abstract provided.

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Reperfection Of Security Interests And The Impact Of Bankruptcy, Alvin C. Harrell, William E. Carroll Dec 1987

Reperfection Of Security Interests And The Impact Of Bankruptcy, Alvin C. Harrell, William E. Carroll

Alvin C. Harrell

No abstract provided.

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The Modern World Of Conflicts For Article Nine Security Interests, Part Ii: The Relationship Between State And Federal Law, Alvin C. Harrell, Frank P. Mceachem Dec 1987

The Modern World Of Conflicts For Article Nine Security Interests, Part Ii: The Relationship Between State And Federal Law, Alvin C. Harrell, Frank P. Mceachem

Alvin C. Harrell

No abstract provided.

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Book Review: Norman Strunk & Fred Case, Where Deregulation Went Wrong (1988), Alvin C. Harrell Dec 1987

Book Review: Norman Strunk & Fred Case, Where Deregulation Went Wrong (1988), Alvin C. Harrell

Alvin C. Harrell

No abstract provided.

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The Modern World Of Conflicts For Article Nine Security Interests, Part I: Multistate Choice Of Law Analysis And The Impact Of The 1972 Uniform Revisions, Alvin C. Harrell Dec 1987

The Modern World Of Conflicts For Article Nine Security Interests, Part I: Multistate Choice Of Law Analysis And The Impact Of The 1972 Uniform Revisions, Alvin C. Harrell

Alvin C. Harrell

No abstract provided.

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Voices, Values And Community: Some Reflections On Legal Writing, Frank Pommersheim Dec 1987

Voices, Values And Community: Some Reflections On Legal Writing, Frank Pommersheim

Frank Pommersheim

No abstract provided.

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