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Articles 1 - 30 of 44
Full-Text Articles in Law
Book Review (Reviewing Oscar Shachter, Sharing The World's Resources (1977)), Gidon A. G. Gottlieb
Book Review (Reviewing Oscar Shachter, Sharing The World's Resources (1977)), Gidon A. G. Gottlieb
Articles
No abstract provided.
George Palmer, Terrance Sandalow
George Palmer, Terrance Sandalow
Articles
I first met George Palmer, nearly fifteen years ago, when I came to Ann Arbor to discuss the possibility of joining the faculty. The chairman of the Personnel Committee had scheduled the customary round of informal meetings with small groups of faculty members. As I recall, the first two of these meetings were marked by a certain awkwardness that I have since learned is common when faculties are interviewing someone already in teaching. The participants all understand that the object of such meetings is to permit judgments to be made about one another's intellectual qualities; yet, a certain delicacy, generally …
Glosses On Dworkin: Rights, Principles, And Policies, Donald H. Regan
Glosses On Dworkin: Rights, Principles, And Policies, Donald H. Regan
Articles
A great many people have attempted to explain what is wrong with the views of Ronald Dworkin. So many, indeed, that one who read only the critics might wonder why views so widely rejected have received so much attention. One reason is that, whatever may be wrong in Dworkin's theories, there is a good deal that is right in them. But what is right is not always clear. Important passages in Dworkin can be distressingly obscure, or tantalizingly incomplete. This essay is a set of loosely connected observations on themes from Dworkin. While I shall add some criticisms of my …
Our Salty Rivers: Legal And Institutional Approaches To Salinity Management, Ralph W. Johnson
Our Salty Rivers: Legal And Institutional Approaches To Salinity Management, Ralph W. Johnson
Articles
The salinity problem in United States rivers becomes worse each year, and no water law system to date has been developed that adequately addresses salinity management. Professor Johnson discusses the salinity problem and its scope as well as remedial and preventative measures that have been taken in the past. He suggests combating the salinity problem by use of systems analysis, i.e., a comprehensive basinwide or regional management plan that analyzes the entire hydrological, economic, political, and agricultural system.
The Imperial Mandate, Philip B. Kurland
Private Property And The Constitution, Richard A. Epstein
Private Property And The Constitution, Richard A. Epstein
Articles
No abstract provided.
Max Rheinstein, Gerhard Casper
Information And Antitrust: Reflections On The Gypsum And Engineers Decisions, Richard A. Posner
Information And Antitrust: Reflections On The Gypsum And Engineers Decisions, Richard A. Posner
Articles
A persistent and troublesome question of antitrust policy concerns the proper treatment of practices and behavior related to the provision of information to buyers and sellers. The dissemination of pricing information may be evidence offixing, or it may simply be an efficient market-equilibrating mechanism. In this article, Professor Posner discusses two recent Supreme Court decisions that have addressed this problem and then engages in a general analysis of the problem of information and antitrust. Professor Posner concludes that an exchange of information should be considered lawful without regard to market structure or other factors. When appropriate, however, the trier offact …
The Chicago School Of Antitrust Analysis, Richard A. Posner
The Chicago School Of Antitrust Analysis, Richard A. Posner
Articles
No abstract provided.
Human Cannonballs And The First Amendment: Zacchini V. Scripps-Howard Broadcasting Co., Douglas G. Baird
Human Cannonballs And The First Amendment: Zacchini V. Scripps-Howard Broadcasting Co., Douglas G. Baird
Articles
No abstract provided.
Is The Era Constitutionally Necessary?, Philip B. Kurland
Is The Era Constitutionally Necessary?, Philip B. Kurland
Articles
No abstract provided.
Pendent Parties, David P. Currie
Efficient Capital Market Theory, The Market For Corporate Control, And The Regulation Of Cash Tender Offers, Daniel R. Fischel
Efficient Capital Market Theory, The Market For Corporate Control, And The Regulation Of Cash Tender Offers, Daniel R. Fischel
Articles
Federal and state regulation of the cash tender offer makes it difficult for outsiders to win control of a corporation whose securities have been doing poorly in the capital market. Mr. Fischel argues that efficient capital market theory undermines the reasons usually given for these regulatory barriers and concludes that without these barriers the efficiency of the related market for corporate control would improve, His discussion also examines the courts' use of the business judgment rule in cases charging that managers have improperly dedicated corporate funds to measures that discourage tender offers, and extolls instead the recently devised compelling business …
Some Personal Impressions Of Wilfred Puttkammer As Teacher And Colleague, Walter J. Blum
Some Personal Impressions Of Wilfred Puttkammer As Teacher And Colleague, Walter J. Blum
Articles
No abstract provided.
Mistake, Disclosure, Information, And The Law Of Contracts, Anthony T. Kronman
Mistake, Disclosure, Information, And The Law Of Contracts, Anthony T. Kronman
Articles
No abstract provided.
Specific Performance, Anthony T. Kronman
Sentencing Reform And Prosecutorial Power: A Critique Of Recent Proposals For 'Fixed' And 'Presumptive' Sentencing, Albert Alschuler
Sentencing Reform And Prosecutorial Power: A Critique Of Recent Proposals For 'Fixed' And 'Presumptive' Sentencing, Albert Alschuler
Articles
No abstract provided.
Continental Criminal Procedure: Myth And Reality, John H. Langbein, Lloyd L. Weinreb
Continental Criminal Procedure: Myth And Reality, John H. Langbein, Lloyd L. Weinreb
Articles
No abstract provided.
The Criminal Trial Before The Lawyers, John H. Langbein
The Criminal Trial Before The Lawyers, John H. Langbein
Articles
No abstract provided.
Torture And Plea Bargaining, John H. Langbein
Torture And Plea Bargaining, John H. Langbein
Articles
In this essay I shall address the modem American system of plea bargaining from a perspective that must appear bizarre, although I hope to persuade you that it is illuminating. I am going to contrast plea bargaining with the medieval European law of torture. My thesis is that there are remarkable parallels in origin, in function, and even in specific points of doctrine, between the law of torture and the law of plea bargaining. I shall suggest that these parallels expose some important truths about how criminal justice systems respond when their trial procedures fall into deep disorder.
Coordination Of Workers' Compensation Benefits With Tort Damage Awards, Richard A. Epstein
Coordination Of Workers' Compensation Benefits With Tort Damage Awards, Richard A. Epstein
Articles
No abstract provided.
In Pursuit Of Excellence -- A History Of The University Of Minnesota Law School, Part I: The Pattee Years -- A Time Of Accommodation, Robert Stein
Articles
In September 1888, William S. Pattee, the newly elected dean of the University of Minnesota's infant law department,' began, with the help of lecturers from the practicing bars of Minneapolis and St. Paul, to educate some 67 '"young gentlemen of zeal and promise' 2 in the law. Ninety years later, the University of Minnesota Law School continues this mission, with 62 full-or part-time faculty members, for the benefit of about 750 students. During this period, the school has been shaped by the administrations of six deans, has conferred over 7,500 J.D. or LL.B. degrees,3 has affected the lives of many …
In Pursuit Of Excellence -- A History Of The University Of Minnesota Law School, Part Iii: The Fraser Years -- A Time Of Excellence And Innovation, Robert Stein
Articles
The first two articles in this series described the development of the University of MinnesotaLaw School under Deans William S. Pattee' and William Reynolds Vance.2 Dean Pattee had provided thesteady andaccommodatingleadershipneeded to lay theground- work for the years of ascendancy under Dean Vance. During his eight-year tenure at Minnesota, the most important of the many improvements Dean Vance had made was in the quality of the fac- ulty. Withatalentforrecognizingtheearlymanifestationsofscho- lastic excellence, Vance had attracted to the law school professors who developed into some of the leading scholars of their day. The work of Vance and these professorsmade the stillyoung schoolinto …
In Pursuit Of Excellence -- A History Of The University Of Minnesota Law School, Part Ii: The Vance Years -- A Time Of Ascendancy, Robert Stein
Articles
The first article in this series described the first two decades of the University of Minnesota Law School as a period marked by an accommodating and cautious regime.' The next decade, in contrast, was marked by a demanding and ambitious administration whose reforms altered the face of the school at a pace that remains unparalleled in the history of the institution. The first dean, William S. Pattee, had provided a firm foundation for legal education at the University but had sometimes compromised the quality of his vision because of the exigencies of the moment.
United States Ratification Of The Human Rights Covenants, David Weissbrodt
United States Ratification Of The Human Rights Covenants, David Weissbrodt
Articles
On October 5, 1977, President Carter signed the International Covenant on Economic, Social and Cultural Rights, I and the Interna- tional Covenant on Civil and Political Rights.2 On that day, the Presi- dent promised to promptly transmit the two treaties to the Senate for ratification. In so doing, he drew a parallel between the "lofty standard of liberty and equality" embodied in the American Declara- tion of Independence and the principles of international human rights reflected in the United Nations Charter. 3
Reference Of Juvenile Offenders For Adult Prosecution: The Legislative Alternative To Asking Unanswerable Questions, Barry C. Feld
Reference Of Juvenile Offenders For Adult Prosecution: The Legislative Alternative To Asking Unanswerable Questions, Barry C. Feld
Articles
DRAWING ON SOCIAL SCIENCE RESEARCH AND EMPIRICAL EVALUATIONS OF JUDICIAL WAIVER ADMINISTRATION IN MINNESOTA AND ELSEWHERE, IT IS ARGUED THAT JUDICIAL WAIVER STATUTES REQUIRE JUVENILE COURTS TO MAKE INDIVIDUALIZED DETERMINATIONS AS TO A YOUTH'S AMENABILITY TO TREATMENT AND THE DANGER TO SOCIETY POSED BY THE YOUTH'S RETENTION WITHIN THE JUVENILE SYSTEM THAT, USING CURRENT METHODS OF CLINICAL PREDICTION, SIMPLY CANNOT BE MADE WITH AN ACCEPTABLE DEGREE OF ACCURACY. HOWEVER, IT IS BELIEVED THAT ACTUARIAL METHODS BASED ON PRESENT OFFENSE AND PAST RECORD CAN BE USED TO IDENTIFY IN ROUGH TERMS THOSE JUVENILES LIKELY TO RECIDIVATE AND, ACCORDINGLY, POSE A THREAT …
Living Probate: The Conservatorship Model, John H. Langbein
Living Probate: The Conservatorship Model, John H. Langbein
Articles
No abstract provided.
Products Liability: The Search For The Middle Ground, Richard A. Epstein
Products Liability: The Search For The Middle Ground, Richard A. Epstein
Articles
No abstract provided.
Roman Law Of Guardianship In England, 1300-1600, Richard H. Helmholz
Roman Law Of Guardianship In England, 1300-1600, Richard H. Helmholz
Articles
No abstract provided.
Restriction Of Speech Because Of Its Content: The Peculiar Case Of Subject-Matter Restrictions, Geoffrey R. Stone
Restriction Of Speech Because Of Its Content: The Peculiar Case Of Subject-Matter Restrictions, Geoffrey R. Stone
Articles
No abstract provided.