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Articles 1 - 30 of 74
Full-Text Articles in Law
Book Review (Reviewing G. Edward White, Earl Warren: A Public Life (1982)), Philip B. Kurland
Book Review (Reviewing G. Edward White, Earl Warren: A Public Life (1982)), Philip B. Kurland
Articles
No abstract provided.
The Coming Curtailment Of Compulsory Child Support, David L. Chambers
The Coming Curtailment Of Compulsory Child Support, David L. Chambers
Articles
Absent parents ought to contribute to the support of their minor children and states can appropriately invoke the force of law to compel them to do so. Stated so generally, even absent parents behind in their payments would probably agree. Since so many others agree as well, and since the numbers of single-parent children have mushroomed, systems of governmentally compelled support in this country have grown enormously. By the early part of the next century, if current laws remain in force and current population trends continue, most of America's children on any given day will be entitled to support from …
Capturing Fiduciary Obligation: Shepherd's Law Of Fiduciaries, Arthur J. Jacobson
Capturing Fiduciary Obligation: Shepherd's Law Of Fiduciaries, Arthur J. Jacobson
Articles
No abstract provided.
Towards Neutral Principles In The Administration Of Criminal Justice: A Critique Of Supreme Court Decisions Sanctioning The Plea Bargaining Process, Malvina Halberstam
Towards Neutral Principles In The Administration Of Criminal Justice: A Critique Of Supreme Court Decisions Sanctioning The Plea Bargaining Process, Malvina Halberstam
Articles
This article compares the Court's reasoning in plea bargaining cases with its reasoning in non-plea-bargaining cases that involve the same legal principles. It analyzes the Court's arguments for sustaining guilty pleas induced by fear of the death penalty or by promises of leniency, and for sanctioning the imposition of harsher penalties on those who reject prosecutional offers to plead and insist on a trial. Finally, it briefly addresses the contention that the system for the administration of criminal justice in the United States could not function if use of a sentencing differential to induce guilty pleas were prohibited.
George J. Stigler: An Appreciation, Ronald H. Coase
Self-Assessed Valuation Systems For Tort And Other Law, Saul Levmore
Self-Assessed Valuation Systems For Tort And Other Law, Saul Levmore
Articles
No abstract provided.
Monitors And Freeriders In Commercial And Corporate Settings, Saul Levmore
Monitors And Freeriders In Commercial And Corporate Settings, Saul Levmore
Articles
No abstract provided.
Identifying Section 306 Stock: The Sleeping Beauty Of Revenue Ruling 66-332, Saul Levmore
Identifying Section 306 Stock: The Sleeping Beauty Of Revenue Ruling 66-332, Saul Levmore
Articles
No abstract provided.
Commencement Address, Gerhard Casper
Standby Letters Of Credit In Bankruptcy, Douglas G. Baird
Standby Letters Of Credit In Bankruptcy, Douglas G. Baird
Articles
No abstract provided.
Rules, Standards, And The Battle Of The Forms: A Reassessment Of §2-207, Douglas G. Baird, Robert Weisberg
Rules, Standards, And The Battle Of The Forms: A Reassessment Of §2-207, Douglas G. Baird, Robert Weisberg
Articles
No abstract provided.
Ways Of Criticizing The Court, Frank H. Easterbrook
Ways Of Criticizing The Court, Frank H. Easterbrook
Articles
Critics have attacked Supreme Court decisions not only for their substance, but also for their structure and inconsistency. Professor Easterbrook responds to these critics by arguing, first, that the increasing caseload of the judiciary, coupled with the techniques of Supreme Court case selection, makes more fractured decisions inevitable. Second, Professor Easterbrook applies Arrow's Theorem to show that it is impossible for critics to demand consistent decisions from the Supreme Court without requiring it to sacrifice its essential institutional nature.
Book Review (Reviewing Michael E. Parrish, Felix Frankfurter And His Times: The Reform Years (1982)), Philip B. Kurland
Book Review (Reviewing Michael E. Parrish, Felix Frankfurter And His Times: The Reform Years (1982)), Philip B. Kurland
Articles
No abstract provided.
Rulemaking As Politics, Antonin Scalia
The Two Faces Of Federalism, Antonin Scalia
Reformation Of Wills On The Ground Of Mistake: Change Of Direction In American Law, John H. Langbein, Lawrence W. Waggoner
Reformation Of Wills On The Ground Of Mistake: Change Of Direction In American Law, John H. Langbein, Lawrence W. Waggoner
Articles
No abstract provided.
Limits Of Law Enforcement, The, Hans Zeisel
The Social Consequences Of Common Law Rules, Richard A. Epstein
The Social Consequences Of Common Law Rules, Richard A. Epstein
Articles
In the past decade, commentators applying both economic and historical methods to the study of the classical common law have explicitly or implicitly made sweeping claims for the system's ability to allocate or redistribute substantial shares of wealth. In this Article, Professor Epstein challenges the assumption that the fundamental doctrines of the common law can have a decisive effect on the flow of resources in society. He calls attention to the constraints placed upon the system by the generality of its rules, the prospectively indeterminate alignment of economically interested parties, the expenses of adjudication, and the divergent social beliefs of …
Air Pollution Control In West Germany, David P. Currie
Constitution In The Supreme Court: The Powers Of The Federal The Courts, 1801-1835, David P. Currie
Constitution In The Supreme Court: The Powers Of The Federal The Courts, 1801-1835, David P. Currie
Articles
No abstract provided.
Is There A Ratchet In Antitrust Law?, Frank H. Easterbrook
Is There A Ratchet In Antitrust Law?, Frank H. Easterbrook
Articles
No abstract provided.
Economics, Politics, And The Reading Of Statutes And The Constitution, Richard A. Posner
Economics, Politics, And The Reading Of Statutes And The Constitution, Richard A. Posner
Articles
No abstract provided.
Excessive Sanctions For Governmental Misconduct In Criminal Cases, Richard A. Posner
Excessive Sanctions For Governmental Misconduct In Criminal Cases, Richard A. Posner
Articles
No abstract provided.
Section 1983 And The Private Enforcement Of Federal Law, Cass R. Sunstein
Section 1983 And The Private Enforcement Of Federal Law, Cass R. Sunstein
Articles
No abstract provided.
The Corporate Governance Movement, Daniel R. Fischel
The Corporate Governance Movement, Daniel R. Fischel
Articles
In the past decade a number of commentators have argued that corporations have failed to meet their responsibilities to shareholders and the public. To remedy this perceived failure, these commentators have advocated a variety of corporate governance proposals. In this Article Professor Fischel challenges the notion that any problem exists in the current mode of corporate governance. He contends that reformers have wrongly assumed the existence of a "problem" because of their failure to understand the economic theory underlying the corporate form of firm organization. Professor Fischel argues further that no empirical evidence exists to support the contentions of advocates …
Securities And Secrets: Insider Trading And The Law Of Contracts, Saul Levmore
Securities And Secrets: Insider Trading And The Law Of Contracts, Saul Levmore
Articles
No abstract provided.
Toward An Economic Theory Of Federal Jurisdiction, Richard A. Posner
Toward An Economic Theory Of Federal Jurisdiction, Richard A. Posner
Articles
No abstract provided.
A W. Howard Mann: An Appreciation Tribute To W. Howard Man, Philip B. Kurland
A W. Howard Mann: An Appreciation Tribute To W. Howard Man, Philip B. Kurland
Articles
No abstract provided.
A New United Nations Mechanism For Encouraging The Ratification Of Treaties, David Weissbrodt
A New United Nations Mechanism For Encouraging The Ratification Of Treaties, David Weissbrodt
Articles
The ratification of international human rights treaties is critical to the worldwide observance of human rights and fundamental freedoms. The United Nations General Assembly and Commission on Human Rights have repeatedly emphasized the importance of ratification and have frequently encouraged states to ratify the relevant international instruments. Despite these efforts, acceptance of human rights treaties has been uneven. A considerable number of states have failed to ratify.
International Trial Observers, David Weissbrodt
International Trial Observers, David Weissbrodt
Articles
Since the Dreyfus trial in 1899, governments have sent observers to foreign political trials both to increase their understanding of the affairs of other nations and to express concern about the fairness of the proceedings themselves. It is now common for a number of gov- ernments, including those of Canada, the Federal Republic of Ger- many, Japan, Sweden, the United Kingdom, and the United States, to send official observers to foreign trials of political or human rights significance.