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Articles 1 - 30 of 183
Full-Text Articles in Law
Moral Discourse, Bioethics, And The Law, Carl E. Schneider
Moral Discourse, Bioethics, And The Law, Carl E. Schneider
Articles
Dan Callahan follows a distinguished tradition when he uses the phrase "moral discourse" to describe the law's work. The frequency with which that image is deployed suggests its resonance and even rightness: When we think about the way society considers moral issues and develops moral positions, it can be useful to imagine the law as one of many social institutions that contribute to a social discussion. Nevertheless, this image is misleading. At least for our (graying and balding) genera- tions, the law is regarded as a worthy participant in American moral discourse preeminently because of its part in the civil …
Copyright Law And Electronic Access To Information, Jessica D. Litman
Copyright Law And Electronic Access To Information, Jessica D. Litman
Articles
At the same time as we have been discovering the Internet’s enormous potential to enhance access to information and revolutionize the ways libraries do business, the Internet’s high profile in popular media has made it the focus of a wide spectrum of fears about the future. This paper focuses on pending proposals to amend copyright law to enhance the control copyright owners wield over the appearance of their works on digital networks. These proposals would stifle libraries’ use of the Internet. Libraries and their supporters must participate in the copyright debate, and think creatively about new models for copyright. The …
The Good, The Bad, And The Frivolous Case: An Essay On Probability And Rule 11, Charles M. Yablon
The Good, The Bad, And The Frivolous Case: An Essay On Probability And Rule 11, Charles M. Yablon
Articles
This essay begins by asking why lawyers bring frivolous cases, cases which, under the standard definitions of frivolousness, have no chance of success and should never have been brought. Rejecting the usual answers of lawyer stupidity and greed, it offers a different view of the frivolous case --that most of the cases that have been challenged and sanctioned in recent years under Rule 11 were brought by lawyers bringing cases they reasonably believed had a low (but not zero) probability of success. This provides a more plausible explanation for wy lawyers persist in bringing such cases, since they are essentially …
Stupid Lawyer Tricks: An Essay On Discovery Abuse, Charles M. Yablon
Stupid Lawyer Tricks: An Essay On Discovery Abuse, Charles M. Yablon
Articles
No abstract provided.
Toward A Tax-Based Explanation Of The Liability Insurance Crisis, Kyle D. Logue
Toward A Tax-Based Explanation Of The Liability Insurance Crisis, Kyle D. Logue
Articles
The so-called liability insurance crisis of 1985 and 1986 transformed the way we think about tort law and about liability insurance markets. The crisis phenomena, which first appeared in late 1984 and lasted until mid-1986, consisted of enormous increases in liability insurance premiums and alarming reductions in the availability of certain types of liability coverage. In the two principal liability lines of insurance (Other Liability and Medical Malpractice), premiums increased by hundreds (in some cases thousands) of percentage points in a matter of months. At the same time, the availability of liability insurance contracted sharply. The liability policies that were …
Intellectual Property Issues In Genomics, Rebecca S. Eisenberg
Intellectual Property Issues In Genomics, Rebecca S. Eisenberg
Articles
Controversy over intellectual property rights in the results of large-scale cDNA sequencing raises intriguing questions about the roles of the public and private sectors in genomics research, and about who stands to benefit (and who stands to lose) from the private appropriation of genomic information. While the US Patent and Trademark Office has rejected patent applications on cDNA fragments of unknown function from the National Institutes of Health, private firms have pursued three distinct strategies for exploiting unpatented cDNA sequence information: exclusive licensing, non-exclusive licensing and dedication to the public domain.
Political Deliberation, Affirmative Action, And The Supreme Court, Cass R. Sunstein
Political Deliberation, Affirmative Action, And The Supreme Court, Cass R. Sunstein
Articles
No abstract provided.
Fundamental Justice And The Deflection Of Refugees From Canada, James C. Hathaway
Fundamental Justice And The Deflection Of Refugees From Canada, James C. Hathaway
Articles
Canada is preparing to implement a controversial provision of the Immigration Act that will deny asylum seekers the opportunity even to argue their need for protection from persecution. Under a policy labelled "deflection" by the authors, the claims of refugees who travel to Canada through countries deemed safe, likely the United States and eventually Europe, will be rejected without any hearing on the merits. Because deflection does not require substantive or procedural harmonization of refugee law among partner states, it will severely compromise the ability of genuine refugees to seek protection.
Why Is This Man A Moderate? (Reviewing William A. Fischel, Regulatory Takings: Law, Economics And Politics (1995)), Richard A. Epstein
Why Is This Man A Moderate? (Reviewing William A. Fischel, Regulatory Takings: Law, Economics And Politics (1995)), Richard A. Epstein
Articles
No abstract provided.
Probation Officers Look At Plea Bargaining, And Do Not Like What They See, David Yellen
Probation Officers Look At Plea Bargaining, And Do Not Like What They See, David Yellen
Articles
The Probation Officers Advisory Group's survey provides valuable insights into plea bargaining practices under the federal guidelines. Probation officers play a crucial role in guideline sentencing, and their views on the plea bargaining process are significant both because of their proximity to that process and the influence they wield with judges. The survey responses thus deserve attention and may spark lively debate within the Sentencing Commission and elsewhere. Depending on one's perspective, the picture that emerges is of plea bargaining either as a safety valve to mitigate the harshness and rigidity of the guidelines, or an unregulated process that threatens …
The Jerusalem Embassy Act, Malvina Halberstam
Discrimination Helps Companies Trade On Women's Sexuality, Mary E. Becker
Discrimination Helps Companies Trade On Women's Sexuality, Mary E. Becker
Articles
No abstract provided.
Offer, Acceptance, And Efficient Reliance, Richard Craswell
Offer, Acceptance, And Efficient Reliance, Richard Craswell
Articles
In this article, Professor Craswell explores efficient reliance as an implicit economic rationale underlying courts' decisions in contract formation cases. Contracting parties often fail to express their intentions clearly and courts must later decide what the parties would have wanted ex ante. When negotiations fail, one party (S) may deny ever making a commitment, while the other party (B) may claim to have relied on the first party's statements or conduct. Professor Craswell observes that courts often find a binding commitment by S when reliance by B would have been efficient. After explaining when reliance is efficient, and why the …
The Constitution In Congress: The Third Congress, 1793-1795, David P. Currie
The Constitution In Congress: The Third Congress, 1793-1795, David P. Currie
Articles
No abstract provided.
Contract And Trust In Corporate Law: The Case Of Corporate Opportunity, Richard A. Epstein
Contract And Trust In Corporate Law: The Case Of Corporate Opportunity, Richard A. Epstein
Articles
No abstract provided.
Regulation In The Single Global Market: From Anarchy To World Federalism?, Diane P. Wood
Regulation In The Single Global Market: From Anarchy To World Federalism?, Diane P. Wood
Articles
No abstract provided.
The Anonymity Tool, Saul Levmore
Law, Economics, And Inefficient Norms, Eric A. Posner
Rediscovering Blackstone, Albert W. Alschuler
A Call For A Unified Business Organization Law, John H. Matheson, Brent A. Olson
A Call For A Unified Business Organization Law, John H. Matheson, Brent A. Olson
Articles
The authors propose a wholesale reformation of business organization law. The current regime of business organization law reflects an attempt to blend the benefits of limited liability with conduit or flow-through taxation. The result has been a haphazard development of business forms, often created to satisfy shifting federal tax law guidelines. The authors trace this development, from the traditional corporation and partnership forms through limited partnerships and Subchapter S corporations to the recent organizational forms of limited liability companies and limited liability partnerships. The authors show how the search for the ideal organizational form has failed, leaving an unwieldy morass …
Precommitment Politics, Saul Levmore
Norms, Formalities, And The Statute Of Frauds: A Comment, Eric A. Posner
Norms, Formalities, And The Statute Of Frauds: A Comment, Eric A. Posner
Articles
No abstract provided.
Pragmatic Adjudication, Richard A. Posner
A Cooperative Framework For National Regulators, Diane P. Wood
A Cooperative Framework For National Regulators, Diane P. Wood
Articles
No abstract provided.
Congress, Constitutional Moments, And The Cost-Benefit State Legislative Foreword, Cass R. Sunstein
Congress, Constitutional Moments, And The Cost-Benefit State Legislative Foreword, Cass R. Sunstein
Articles
In this article, Cass Sunstein explores the 104th Congress' attempts at regulatory reform. Professor Sunstein believes that the election of this Congress, with its distinctive approach to government, signals the dawning of a "constitutional moment" in which the role of government at all levels will be reexamined. Without full public support for sweeping changes in government, this moment has not yet materialized. When and if it does, regulatory reform will be one of its aspects. Indeed the nation has already begun to examine regulation to determine ifth e benefits justify the costs. Unfortunately, the 104th Congress has, thus far, failed …
Right To Die, The, Cass R. Sunstein
You're My What? -The Problem Of Children's Misperceptions Of Their Lawyers' Roles, Emily Buss
You're My What? -The Problem Of Children's Misperceptions Of Their Lawyers' Roles, Emily Buss
Articles
A lawyer representing seven-year-old James discussed James' options with him at considerable length. She explained to him that he had a number of choices about where he would live, some with family, some in foster care, and she took pains to discuss the likely consequences of each of his choices. James participated actively in the conversation, and had no trouble following the substance of the discussion. At the end of their conversation, the lawyer asked James what option he would like her to pursue. His direction to counsel: "I think I'd like to live with you.
General Propositions And Concrete Cases (With Special Reference To Affirmative Action And Free Speech) Oliver Wendell Holmes Devise Lecture Symposium, Cass R. Sunstein
General Propositions And Concrete Cases (With Special Reference To Affirmative Action And Free Speech) Oliver Wendell Holmes Devise Lecture Symposium, Cass R. Sunstein
Articles
On October 27, 1995, the Wake Forest University School of Law hosted the Oliver Wendell Holmes Devise Lecture Series. Professor Cass R. Sunstein, the Karl N. Llewellyn Professor of Jurisprudence at the University of Chicago School of Law, delivered the following remarks as the lecture's keynote address. In addition, the lecture included four distinguished panelists who spoke in response to Professor Sunstein: A.E. Dick Howard, the White Burkett Miller Professor of Law and Public Affairs at the Virginia School of Law; Professor Sheri Lynn Johnson from Cornell Law School; and Professor Michael Kent Curtis and Professor Ronald F. Wright from …
Private Speech, Public Purpose: The Role Of Governmental Motive In First Amendment Doctrine, Elena Kagan
Private Speech, Public Purpose: The Role Of Governmental Motive In First Amendment Doctrine, Elena Kagan
Articles
No abstract provided.
Merchant Law In A Merchant Court: Rethinking The Code's Search For Immanent Business Norms, Lisa Bernstein
Merchant Law In A Merchant Court: Rethinking The Code's Search For Immanent Business Norms, Lisa Bernstein
Articles
No abstract provided.