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Articles 541 - 570 of 799
Full-Text Articles in Law
In Defense Of Making Government Pay: The Deterrent Effect Of Constitutional Tort Remedies, Myriam E. Gilles
In Defense Of Making Government Pay: The Deterrent Effect Of Constitutional Tort Remedies, Myriam E. Gilles
Articles
Legal economists are concerned with setting optimal deterrence levels. Armed with information concerning the public and private costs and benefits of a particular harmful activity, the legal economist seeks to set a “price” for the activity which, to some socially optimal extent, minimizes external costs while retaining external benefits. If the economist's information is perfect, he can predict precisely how an economically rational actor will respond to a particular price and achieve optimal deterrence of activities whose costs outweigh their benefits.
Is Cross-Testing A Mistake: Cash Balance Plans, New Comparability Formulas, And The Incoherence Of The Nondiscrimination Norm, Edward A. Zelinsky
Is Cross-Testing A Mistake: Cash Balance Plans, New Comparability Formulas, And The Incoherence Of The Nondiscrimination Norm, Edward A. Zelinsky
Articles
The increasing tendency of large employers to convert their traditional defined benefit pension plans to the cash balance format has engendered substantial controversy, both within the qualified plan community and among the general public. The rise of "new comparability" plans has yet to generate the same level of popular or political concern, perhaps because such plans have largely been embraced by smaller employers. However, among pension mavens, new comparability has occasioned strong supporters and equally firm detractors.
Unfriendly Actions: The Amicus Brief Battle At The Wto, Andrea Kupfer Schneider
Unfriendly Actions: The Amicus Brief Battle At The Wto, Andrea Kupfer Schneider
Articles
No abstract provided.
Representational Standing: U.S. Ex Rel. Stevens And The Future Of Public Law Litigation, Myriam E. Gilles
Representational Standing: U.S. Ex Rel. Stevens And The Future Of Public Law Litigation, Myriam E. Gilles
Articles
In May 2000, the Supreme Court handed down its decision in Vermont Agency of Natural Resources v. U.S. ex rel. Stevens, a seemingly predictable 11th Amendment case. In upholding the plaintiff's Article III standing to bring that case, however, the Court suggested a theory of "representational standing" that holds the potential to radically transform the entire body of law governing the ability of private citizens to seek, through the federal courts, the vindication of broadly-held public interests.
Over the past 30 years, the Court's increasingly restrictive standing jurisprudence has effectively precluded private citizens from playing a meaningful role in public …
The Law Of White Spaces: Race, Culture, And Legal Education, Peter Goodrich, Linda G. Mills
The Law Of White Spaces: Race, Culture, And Legal Education, Peter Goodrich, Linda G. Mills
Articles
The scene, drawn from memory, is a first-year law school classroom. It is the early 1980s and the class is on civil procedure. The teacher is a white woman. She is nervous, and the class is dominated by students who provide standard right answers to formulaic law school questions. Other points of view, particularly those of a critical or feminist nature, are either passed over quickly or ignored. Questions of color are never mentioned. More than that, the teacher never calls on any African-American students. Students of color are either ignored completely or told, when they have questions, “We are …
Reading The Clean Air Act After Brown & Williamson, Michael Herz
Reading The Clean Air Act After Brown & Williamson, Michael Herz
Articles
No abstract provided.
Law, Economics, And The Skeleton Of Value Fallacy, Kyron Huigens
Law, Economics, And The Skeleton Of Value Fallacy, Kyron Huigens
Articles
Experiments in the last decade or so have demonstrated persistent failures on the part of ordinary individuals rationally to pursue self-interest. The experiments pose serious challenges to economics, rational choice theory, and the law and economics school. Some experiments, for example, suggest an "endowment effect", that contradicts the Coase Theorem; the notion that, in the absence of transaction costs, goods will find their most efficient distribution regardless of their initial assignment. Cass Sunstein has collected a set of essays by economists and legal scholars exploring these challenges, in a volume entitled Behavioral Law and Economics.
Rhetoric And Somatics: Training The Body To Do The Work Of Law, Peter Goodrich
Rhetoric And Somatics: Training The Body To Do The Work Of Law, Peter Goodrich
Articles
No abstract provided.
Preventing The Execution Of The Innocent: Testimony Before The Senate Judiciary Committee, Barry C. Scheck
Preventing The Execution Of The Innocent: Testimony Before The Senate Judiciary Committee, Barry C. Scheck
Articles
No abstract provided.
Duncan Kennedy As I Imagine Him: The Man, The Work, His Scholarship, And The Polity, Peter Goodrich
Duncan Kennedy As I Imagine Him: The Man, The Work, His Scholarship, And The Polity, Peter Goodrich
Articles
No abstract provided.
Liability For Increased Risk Of Harm: A Lawyer's Response To Professor Shafer, Melanie B. Leslie
Liability For Increased Risk Of Harm: A Lawyer's Response To Professor Shafer, Melanie B. Leslie
Articles
No abstract provided.
The Newness Of New Technology, Monroe E. Price
The Rightness And Utility Of Voluntary Repatriation, David Rudenstine
The Rightness And Utility Of Voluntary Repatriation, David Rudenstine
Articles
No abstract provided.
A Tale Of Three Documents: Lord Elgin And The Missing, Historic 1801 Ottoman Document, David Rudenstine
A Tale Of Three Documents: Lord Elgin And The Missing, Historic 1801 Ottoman Document, David Rudenstine
Articles
No abstract provided.
Mandatory Fee Arbitration Under New York's Matrimonial Rules, Lester Brickman
Mandatory Fee Arbitration Under New York's Matrimonial Rules, Lester Brickman
Articles
Attorney-client fee arbitration is a subject of burgeoning interest to the bar and to scholars as well. Several years ago, I agreed to write an article on the substantive issues raised by fee arbitration as part of an analysis of New York's then newly adopted mandatory fee arbitration rule. Contacting other mandatory arbitration programs to request copies of the manuals they provided to fee arbitrators, I learned that no such manuals existed. Writing on a tabula rosa, I wrote an analysis of the substantive tasks in fee arbitration that could be adopted for use as part of a training manual …
Avoidance Theory According To Steve Nickles, David G. Carlson
Avoidance Theory According To Steve Nickles, David G. Carlson
Articles
No abstract provided.
Hegel’S Theory Of Quality, David G. Carlson
Hegel’S Theory Of Quality, David G. Carlson
Articles
This article assesses the opening three chapters of Hegel's monumental "Science of Logic," a work largely unknown in the United States but recognized in Europe as the foundation of Hegel's impressive philosophical edifice. Hegel's task was to develop a foundation-free philosophy, in which the inherent contradictions in concepts caused the self-destruction of the concept and the generation of a new, improved concept. Hegel begins his work by examining the concept of Pure Being. Being itself shows to be finite, however. Being repeals itself and propels itself into thought. "Reality" therefore gives way to "ideality." Upon entering the realm of the …
Who Is Entitled To Own The Past, Ashton Hawkins, David Korzenik, David Rudenstine
Who Is Entitled To Own The Past, Ashton Hawkins, David Korzenik, David Rudenstine
Articles
No abstract provided.
Just So Stories: Posnerian Methodology, Jeanne L. Schroeder
Just So Stories: Posnerian Methodology, Jeanne L. Schroeder
Articles
No abstract provided.
Reinventing Structural Reform Litigation: Deputizing Private Citizens In The Enforcement Of Civil Rights, Myriam E. Gilles
Reinventing Structural Reform Litigation: Deputizing Private Citizens In The Enforcement Of Civil Rights, Myriam E. Gilles
Articles
The aim of this Article is to explore the possibility of constructing a model that harnesses the power of private citizens to reform unconstitutional practices, particularly in the critical area of police-related rights violations. I seek here to reintegrate private citizens into the enforcement of public laws; to tap the private experiential and financial resources that were a necessary condition of the great structural reform efforts of the civil rights movement of the 1950s and 1960s.
The vehicle by which I propose to accomplish these ends is a simple, yet novel, amendment to 42 U.S.C. § 14141, the statute which …
Asset Protection Trusts: Trust Law's Race To The Bottom?, Stewart E. Sterk
Asset Protection Trusts: Trust Law's Race To The Bottom?, Stewart E. Sterk
Articles
No abstract provided.
The Cash Balance Controversy, Edward A. Zelinsky
Section 1983 Custom Claims And The Code Of Silence, Myriam E. Gilles
Section 1983 Custom Claims And The Code Of Silence, Myriam E. Gilles
Articles
No abstract provided.
Breaking The Code Of Silence: Rediscovering "Custom" In Section 1983 Municipal Liability, Myriam E. Gilles
Breaking The Code Of Silence: Rediscovering "Custom" In Section 1983 Municipal Liability, Myriam E. Gilles
Articles
No abstract provided.
Comment: Human Rights, Nationalism, And Multiculturalism In Rhetoric, Ethics, And Politics: A Pluralist Critique, Michel Rosenfeld
Comment: Human Rights, Nationalism, And Multiculturalism In Rhetoric, Ethics, And Politics: A Pluralist Critique, Michel Rosenfeld
Articles
No abstract provided.
Kenneth Starr: Diabolically Evil?, Jeanne L. Schroeder, David G. Carlson
Kenneth Starr: Diabolically Evil?, Jeanne L. Schroeder, David G. Carlson
Articles
No abstract provided.
Adr: An Eclectic Array Of Processes, Rather Than One Eclectic Process, Lela P. Love, Kimberlee K. Kovach
Adr: An Eclectic Array Of Processes, Rather Than One Eclectic Process, Lela P. Love, Kimberlee K. Kovach
Articles
When mediators try to resolve a controversy by providing their analysis of the legal – or other – merits, they are providing the service that judges, arbitrators and neutral experts provide. In essence, such endeavors use the neutral’s judgment, award or opinion to determine or jump-start a resolution. This article urges that this add-on activity to mediation should be called by its proper name. The essay highlights the advantages of calling "mediation plus evaluation" a mixed process and discusses the advantages of having an eclectic and diverse mix of processes from which parties and counsel can choose to promote party …
The Truth About The New Value Exception To Bankruptcy’S Absolute Priority Rule, David G. Carlson, Jack F. Williams
The Truth About The New Value Exception To Bankruptcy’S Absolute Priority Rule, David G. Carlson, Jack F. Williams
Articles
No abstract provided.
International Human Rights And Domestic Law Focusing On U.S. Law, With Some Reference To Israeli Law, Malvina Halberstam
International Human Rights And Domestic Law Focusing On U.S. Law, With Some Reference To Israeli Law, Malvina Halberstam
Articles
No abstract provided.
Comprehensive Pluralism Is Neither An Overlapping Consensus Nor A Modus Vivendi: A Reply To Professors Arato, Avineri, And Michelman, Michel Rosenfeld
Comprehensive Pluralism Is Neither An Overlapping Consensus Nor A Modus Vivendi: A Reply To Professors Arato, Avineri, And Michelman, Michel Rosenfeld
Articles
No abstract provided.