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Articles 31 - 46 of 46
Full-Text Articles in Law
Merit Vs. Ideology, Michael J. Gerhardt
The First Amendment's Biggest Threat, Michael J. Gerhardt
The First Amendment's Biggest Threat, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Beyond Breimhorst: Appropriate Accommodation Of Students With Learning Disabilities On The Sat, Nancy Leong
Beyond Breimhorst: Appropriate Accommodation Of Students With Learning Disabilities On The Sat, Nancy Leong
Faculty Publications
No abstract provided.
Property, Aspen, And Refusals To Deal, Alan J. Meese
Property, Aspen, And Refusals To Deal, Alan J. Meese
Faculty Publications
No abstract provided.
Corporations And Autonomy Theories Of Contract: A Critique Of The New Lex Mercatoria, Nathan B. Oman
Corporations And Autonomy Theories Of Contract: A Critique Of The New Lex Mercatoria, Nathan B. Oman
Faculty Publications
One of the central problems of contracts jurisprudence is the conflict between autonomy theories of contract and efficiency theories of contract. One approach to solving this conflict is to argue that in the realm of contracts between corporations, autonomy theories have nothing to say because corporations are not real people with whose autonomy we need to be concerned. While apparently powerful, this argument ultimately fails because it implicitly assumes theories of the corporation at odds with economic theories of law. Economics, in turn, offers a vision of the firm that is quite hospitable to autonomy theories of contract. The failure …
Unity And Pluralism In Contract Law, Nathan B. Oman
Unity And Pluralism In Contract Law, Nathan B. Oman
Faculty Publications
No abstract provided.
Sexual Violence And International Criminal Law: An Analysis Of The Ad Hoc Tribunal's Jurisprudence & The International Criminal Court's Elements Of Crimes, Angela M. Banks
Faculty Publications
No abstract provided.
Historical Quirks, Political Opportunism, And The Anti-Loan Provision Of The Sarbanes-Oxley Act, Jayne W. Barnard
Historical Quirks, Political Opportunism, And The Anti-Loan Provision Of The Sarbanes-Oxley Act, Jayne W. Barnard
Faculty Publications
No abstract provided.
Market Failure And Non-Standard Contracting: How The Ghost Of Perfect Competition Still Haunts Antitrust, Alan J. Meese
Market Failure And Non-Standard Contracting: How The Ghost Of Perfect Competition Still Haunts Antitrust, Alan J. Meese
Faculty Publications
No abstract provided.
Profile: Judge George H. Aldrich, Nancy Amoury Combs
Profile: Judge George H. Aldrich, Nancy Amoury Combs
Faculty Publications
No abstract provided.
Monopolization, Exclusion, And The Theory Of The Firm, Alan J. Meese
Monopolization, Exclusion, And The Theory Of The Firm, Alan J. Meese
Faculty Publications
No abstract provided.
The Capital Gains "Sieve" And The "Farce" Of Progressivity 1921-1986, John W. Lee
The Capital Gains "Sieve" And The "Farce" Of Progressivity 1921-1986, John W. Lee
Faculty Publications
No abstract provided.
On Discovering Doctrine: "Justice" In Contract Agreement, Peter A. Alces
On Discovering Doctrine: "Justice" In Contract Agreement, Peter A. Alces
Faculty Publications
No abstract provided.
Rule 10b-5 And The "Unfitness" Question, Jayne W. Barnard
Rule 10b-5 And The "Unfitness" Question, Jayne W. Barnard
Faculty Publications
No abstract provided.
Legal Revolutions: Six Mistakes About Discontinuity In The Legal Order, Michael S. Green
Legal Revolutions: Six Mistakes About Discontinuity In The Legal Order, Michael S. Green
Faculty Publications
A legal revolution occurs when chains of legal dependence rupture-causing one legal system to be replaced by a different and incommensurable legal system. For example, before the French Revolution chains of legal dependence ultimately led to Louis XVI, but after this legal revolution they led to the National Assembly (or the people of France it represented). The very possibility of legal revolutions depends upon laws being structured into legal systems in this fashion. And yet, despite substantial academic interest in legal revolutions, there has been a reluctance to examine the structure that makes them possible. The goal of this Article …
The Birth Of The Authornym: Authorship, Pseudonymity, And Trademark Law, Laura A. Heymann
The Birth Of The Authornym: Authorship, Pseudonymity, And Trademark Law, Laura A. Heymann
Faculty Publications
Consumers in the marketplace of ideas are well acquainted with one aspect of the Foucauldian concept of the "author function": the way in which an author's name serves to organize both producer inputs-the various works the author wishes to have associated with his name-and consumer inputs-the readers' interpretive reactions to any particular body of work. Indeed, choosing to write under a pseudonym or under one's true name is the way in which an author exerts control over this function by grouping certain works (for example, scholarly pieces) under one name and other works (for example, mystery novels) under a different …