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Full-Text Articles in Law

The Most Insignificant Justice: Further Evidence, Frank H. Easterbrook Jan 1983

The Most Insignificant Justice: Further Evidence, Frank H. Easterbrook

Articles

No abstract provided.


Implementing The Criminal Defendant's Right To Trial: Alternatives To The Plea Bargaining System, Albert W. Alschuler Jan 1983

Implementing The Criminal Defendant's Right To Trial: Alternatives To The Plea Bargaining System, Albert W. Alschuler

Articles

No abstract provided.


Interpersonal Privacy And The Fourth Amendment, Albert W. Alschuler Jan 1983

Interpersonal Privacy And The Fourth Amendment, Albert W. Alschuler

Articles

No abstract provided.


Possession And Ownership: An Examination Of The Scope Of Article 9, Douglas G. Baird, Thomas H. Jackson Jan 1983

Possession And Ownership: An Examination Of The Scope Of Article 9, Douglas G. Baird, Thomas H. Jackson

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No abstract provided.


Statutes' Domains, Frank H. Easterbrook Jan 1983

Statutes' Domains, Frank H. Easterbrook

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No abstract provided.


Common Law, Labor Law, And Reality: A Rejoinder To Professors Getman And Kohler, Richard A. Epstein Jan 1983

Common Law, Labor Law, And Reality: A Rejoinder To Professors Getman And Kohler, Richard A. Epstein

Articles

No abstract provided.


A Common Law For Labor Relations: A Critique Of The New Deal Labor Legislation, Richard A. Epstein Jan 1983

A Common Law For Labor Relations: A Critique Of The New Deal Labor Legislation, Richard A. Epstein

Articles

No abstract provided.


From The Gold Clause Cases To The Gold Commission: A Half Century Of American Monetary Law, Kenneth W. Dam Jan 1983

From The Gold Clause Cases To The Gold Commission: A Half Century Of American Monetary Law, Kenneth W. Dam

Articles

No abstract provided.


Extraterritoriality And Conflicts Of Jurisdiction, Kenneth W. Dam Jan 1983

Extraterritoriality And Conflicts Of Jurisdiction, Kenneth W. Dam

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No abstract provided.


A Reply To Landes: A Faulty Study Of No-Fault's Effect On Fault, Saul Levmore, Jeffrey O'Connell Jan 1983

A Reply To Landes: A Faulty Study Of No-Fault's Effect On Fault, Saul Levmore, Jeffrey O'Connell

Articles

No abstract provided.


Will The Federal Courts Of Appeals Survive Until 1984?: An Essay On Delegation And Specialization Of The Judicial Function, Richard A. Posner Jan 1983

Will The Federal Courts Of Appeals Survive Until 1984?: An Essay On Delegation And Specialization Of The Judicial Function, Richard A. Posner

Articles

No abstract provided.


Statutory Interpretation--In The Classroom And In The Courtroom, Richard A. Posner Jan 1983

Statutory Interpretation--In The Classroom And In The Courtroom, Richard A. Posner

Articles

This paper continues a discussion begun in an earlier paper in this journal.1 That paper dealt primarily with the implications for statutory interpretation of the interest-group theory of legislation, recently revivified by economists; it also dealt with constitutional interpretation. This paper focuses on two topics omitted in the earlier one: the need for better instruction in legislation in the law schools and the vacuity of the standard guideposts to reading statutes- the "canons of construction." The topics turn out to be related. The last part of the paper contains a positive proposal on how to interpret statutes.


In Opposition To The School Prayer Amendment, Geoffrey R. Stone Jan 1983

In Opposition To The School Prayer Amendment, Geoffrey R. Stone

Articles

No abstract provided.


Content Regulation And The First Amendment, Geoffrey R. Stone Jan 1983

Content Regulation And The First Amendment, Geoffrey R. Stone

Articles

No abstract provided.


The Constitution In The Supreme Court: Article Iv And Federal Powers, 1836-1864, David P. Currie Jan 1983

The Constitution In The Supreme Court: Article Iv And Federal Powers, 1836-1864, David P. Currie

Articles

Continuing his critical analysis of the constitutional decisions of the Taney period, Professor Currie examines cases involving the privileges and immunities clause, fugitives from slavery and criminal prosecution, and intergovernmental immunities, as well as cases dealing with the scope of federal judicial and legislative powers. In these decisions, with the glaring exception ofScott v. Sandford, he finds additional evidence that in general the Taney Court continued to enforce constitutional limitations vigorously against the states and to construe federal authority generously.


The Constitution In The Supreme Court: Contracts And Commerce, 1836-1864, David P. Currie Jan 1983

The Constitution In The Supreme Court: Contracts And Commerce, 1836-1864, David P. Currie

Articles

Continuing a study of the first hundred years of constitutional litigation, Professor Currie explores the decisions of the Taney period respecting the Contract and Commerce Clauses. Though early decisions of the Taney Court seemed to portend a departure from the nationalism of its predecessor, the author argues that the impression was largely misleading. In general, for example, the Court under Taney proved rather sympathetic to contract rights. In Commerce Clause cases, after being badly split, the Court was able to agree on a longlasting formula that acknowledged an implicit limitation on state power, and although in the Taney period the …


Adverse Possession And Subjective Intent, Richard H. Helmholz Jan 1983

Adverse Possession And Subjective Intent, Richard H. Helmholz

Articles

No abstract provided.


Equitable Division And The Law Of Finders, Richard H. Helmholz Jan 1983

Equitable Division And The Law Of Finders, Richard H. Helmholz

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No abstract provided.


Hail To The Chief: Earl Warren And The Supreme Court, Dennis J. Hutchinson Jan 1983

Hail To The Chief: Earl Warren And The Supreme Court, Dennis J. Hutchinson

Articles

No abstract provided.


The Business Of The Supreme Court, O.T. 1982, Dennis J. Hutchinson, Philip B. Kurland Jan 1983

The Business Of The Supreme Court, O.T. 1982, Dennis J. Hutchinson, Philip B. Kurland

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No abstract provided.


Optimal Sanctions For Antitrust Violations, William M. Landes Jan 1983

Optimal Sanctions For Antitrust Violations, William M. Landes

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No abstract provided.


The Most Insignificant Justice: A Preliminary Inquiry, David P. Currie Jan 1983

The Most Insignificant Justice: A Preliminary Inquiry, David P. Currie

Articles

No abstract provided.


The Sovereignty Of The Courts, Edward Hirsch Levi Jan 1983

The Sovereignty Of The Courts, Edward Hirsch Levi

Articles

No abstract provided.


Bankruptcy Judges And The Independent Judiciary, David P. Currie Jan 1983

Bankruptcy Judges And The Independent Judiciary, David P. Currie

Articles

No abstract provided.


Suing Government, Cass R. Sunstein Jan 1983

Suing Government, Cass R. Sunstein

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No abstract provided.


The Surveys That Broke Monopoly, Hans Zeisel Jan 1983

The Surveys That Broke Monopoly, Hans Zeisel

Articles

No abstract provided.


Dissenting Opinions By Supreme Court Justices In Federal Income Tax Controversies, Walter J. Blum Jan 1983

Dissenting Opinions By Supreme Court Justices In Federal Income Tax Controversies, Walter J. Blum

Articles

No abstract provided.


The Direct And Collateral Estoppel Effects Of Alternative Holdings, Jo Desha Lucas Jan 1983

The Direct And Collateral Estoppel Effects Of Alternative Holdings, Jo Desha Lucas

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No abstract provided.


Treatment Of Interest On Debtor Obligations In Reorganizations Under The Bankruptcy Code, Walter J. Blum Jan 1983

Treatment Of Interest On Debtor Obligations In Reorganizations Under The Bankruptcy Code, Walter J. Blum

Articles

No abstract provided.


Book Review (Reviewing G. Edward White, Earl Warren: A Public Life (1982)), Philip B. Kurland Nov 1982

Book Review (Reviewing G. Edward White, Earl Warren: A Public Life (1982)), Philip B. Kurland

Articles

No abstract provided.