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Full-Text Articles in Law

Race To The Bottom Revisited: Reflections On Recent Developments In Delaware's Corporation Law, Daniel R. Fischel Jan 1981

Race To The Bottom Revisited: Reflections On Recent Developments In Delaware's Corporation Law, Daniel R. Fischel

Articles

No abstract provided.


The Law And Economics Of Dividend Policy, Daniel R. Fischel Jan 1981

The Law And Economics Of Dividend Policy, Daniel R. Fischel

Articles

No abstract provided.


Public Programs And Private Rights, Cass R. Sunstein, Richard B. Stewart Jan 1981

Public Programs And Private Rights, Cass R. Sunstein, Richard B. Stewart

Articles

By what right may courts seek to remedy deficient administrative performance, and by what methods should they do so? This question has been answered in fits and starts, in the context of several existing remedies: rights to contest regulatory impositions, hearing rights concerning government benefits, implied rights of action, and most recently, rights to require an agency itself to take enforcement action. Professors Stewart and Sunstein offer a theory to explain both the conceptual similarities and the evolutionary differences among these remedies. They show how the remedies are linked with particular conceptions of the deepest purposes particular statutes are meant …


Curia Regis: Some Comments On The Divine Right Of Kings And Courts To Say What The Law Is, Philip B. Kurland Jan 1981

Curia Regis: Some Comments On The Divine Right Of Kings And Courts To Say What The Law Is, Philip B. Kurland

Articles

No abstract provided.


Mr. Chief Justice Burger On The State Of The Judiciary - 1981, Philip B. Kurland Jan 1981

Mr. Chief Justice Burger On The State Of The Judiciary - 1981, Philip B. Kurland

Articles

No abstract provided.


Race Bias In The Administration Of The Death Penalty: The Florida Experience, Hans Zeisel Jan 1981

Race Bias In The Administration Of The Death Penalty: The Florida Experience, Hans Zeisel

Articles

No abstract provided.


The Disposition Of Felony Arrests, Hans Zeisel Jan 1981

The Disposition Of Felony Arrests, Hans Zeisel

Articles

While we know a great deal about the disposition of felony arrests that reach the trial stage, we know little about the details of the dispositions reached without trial. And yet, this latter category forms as a rule over 90 percent, in New York City 98 percent, of all dispositions. Basing his analysis on a study done in the early 1970s, the author describes and presents data on the various stages in the process from arrest to final disposition through plea bargaining, trial, or dismissal of the case. For the first time, this usually opaque disposition pattern prior to trial …


Social Science Hubris--A Review Of Lindblom And Cohen's Usable Knowledge Review Article, Hans Zeisel Jan 1981

Social Science Hubris--A Review Of Lindblom And Cohen's Usable Knowledge Review Article, Hans Zeisel

Articles

No abstract provided.


Robert G. Dixon: In Memoriam, Philip B. Kurland Jan 1980

Robert G. Dixon: In Memoriam, Philip B. Kurland

Articles

No abstract provided.


Nondegradation And Visibility Under The Clean Air Act, David P. Currie Jan 1980

Nondegradation And Visibility Under The Clean Air Act, David P. Currie

Articles

No abstract provided.


The Present Situation In Legal Scholarship, Richard A. Posner Jan 1980

The Present Situation In Legal Scholarship, Richard A. Posner

Articles

No abstract provided.


Lawmaking And Public Opinion Research: The President And Patrick Caddell, Hans Zeisel Jan 1980

Lawmaking And Public Opinion Research: The President And Patrick Caddell, Hans Zeisel

Articles

No abstract provided.


Creditors' Remedies As State Action, Julie Roin Jan 1980

Creditors' Remedies As State Action, Julie Roin

Articles

No abstract provided.


Sentencing Reform And Parole Release Guidelines, Albert W. Alschuler Jan 1980

Sentencing Reform And Parole Release Guidelines, Albert W. Alschuler

Articles

Although parole release guidelines have achieved many of the advantages of determinate sentencing, they raise troublesome issues. Subject to important caveats, the author maintains that sentencing guidelines can better be administered by courts than by parole boards. He also maintains that current federal parole guidelines unfairly disregard plea bargained charge reductions, and that the construction of equitable guidelines requires detailed offense-by-offense and situation-by-situation studies that have not yet been undertaken.


Optimal Sentences For White-Collar Criminals, Richard A. Posner Jan 1980

Optimal Sentences For White-Collar Criminals, Richard A. Posner

Articles

Those concerned by the growth of white-collar crime disagree over the choice of a fine or imprisonment as the more appropriate sentence. In this article, Professor Posner argues that a sufficiently large fine is an equally effective deterrent that is cheaper to administer and therefore socially preferable.


The Ethical And Political Basis Of The Efficiency Norm In Common Law Adjudication, Richard A. Posner Jan 1980

The Ethical And Political Basis Of The Efficiency Norm In Common Law Adjudication, Richard A. Posner

Articles

No abstract provided.


Social Investing And The Law Of Trusts, Richard A. Posner, John H. Langbein Jan 1980

Social Investing And The Law Of Trusts, Richard A. Posner, John H. Langbein

Articles

No abstract provided.


Unanimity And Desegregation: Decisionmaking In The Supreme Court, 1948-1958, Dennis J. Hutchinson Jan 1980

Unanimity And Desegregation: Decisionmaking In The Supreme Court, 1948-1958, Dennis J. Hutchinson

Articles

By a process that has been the subject of considerable speculation, the United States Supreme Court reached a unanimous decision in the 1954 cases of Brown v. Board of Education and Bolling v. Sharpe, declaring unconstitutional statutory segregation in public school systems in the states and in the District of Columbia. Using previously unpublished material, Professor Hutchinson traces the rise and fall of unanimity in the segregation cases of the 1950's. The article delineates the Court's internal decisionmaking process and analyzes the role of unanimity in influencing the response of both the Court and the nation to the escalating challenges …


Guardians Of The Constitution, Gerhard Casper Jan 1980

Guardians Of The Constitution, Gerhard Casper

Articles

No abstract provided.


Automobile No-Fault Plans: A Second Look At First Principles, Richard A. Epstein Jan 1980

Automobile No-Fault Plans: A Second Look At First Principles, Richard A. Epstein

Articles

No abstract provided.


The Positive Economic Theory Of Tort Law, Richard A. Posner, William M. Landes Jan 1980

The Positive Economic Theory Of Tort Law, Richard A. Posner, William M. Landes

Articles

No abstract provided.


Market Power In Antitrust Cases, Richard A. Posner, William M. Landes Jan 1980

Market Power In Antitrust Cases, Richard A. Posner, William M. Landes

Articles

With many antitrust prohibitions, the existence of a violation depends upon whether the defendant possesses sufficient market power. In this Article, Professors Landes and Posner present an economic analysis of market power that provides the necessary foundation for application to particular cases and for formulation of antitrust policy. They use their approach to illuminate the perplexing issues of product and geographical market definition, the measurement of market power arising from mergers and within regulated industries, and the quantification of damages in monopolization and price-fixing cases. Finally, they argue that, despite the novelty of their formulation, it is compatible with the …


The Economics Of Passing On: A Reply To Harris And Sullivan, William M. Landes, Richard A. Posner Jan 1980

The Economics Of Passing On: A Reply To Harris And Sullivan, William M. Landes, Richard A. Posner

Articles

No abstract provided.


Direct Federal Regulation Of Stationary Sources Under The Clean Air Act, David P. Currie Jan 1980

Direct Federal Regulation Of Stationary Sources Under The Clean Air Act, David P. Currie

Articles

No abstract provided.


The Weber Case: The Judicial Abrogation Of The Antidiscrimination Standard In Employment, Bernard D. Meltzer Jan 1980

The Weber Case: The Judicial Abrogation Of The Antidiscrimination Standard In Employment, Bernard D. Meltzer

Articles

No abstract provided.


Foreword The American Jury, Hans Zeisel Jan 1980

Foreword The American Jury, Hans Zeisel

Articles

No abstract provided.


To Set The Record Straight: The Break-In, The Tapes, The Conspirators, The Pardon, Philip B. Kurland Nov 1979

To Set The Record Straight: The Break-In, The Tapes, The Conspirators, The Pardon, Philip B. Kurland

Articles

No abstract provided.


Crumbling Of The Wills Act: Australians Point The Way, John H. Langbein Aug 1979

Crumbling Of The Wills Act: Australians Point The Way, John H. Langbein

Articles

No abstract provided.


Should Indirect Purchasers Have Standing To Sue Under The Antitrust Laws? An Economic Analysis Of The Rule Of Illinois Brick, Richard A. Posner, William M. Landes Jan 1979

Should Indirect Purchasers Have Standing To Sue Under The Antitrust Laws? An Economic Analysis Of The Rule Of Illinois Brick, Richard A. Posner, William M. Landes

Articles

No abstract provided.


The Irrelevance Of The Constitution: The First Amendment's Freedom Of Speech And Freedom Of Press Clauses, Philip B. Kurland Jan 1979

The Irrelevance Of The Constitution: The First Amendment's Freedom Of Speech And Freedom Of Press Clauses, Philip B. Kurland

Articles

No abstract provided.