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Articles 1 - 30 of 88
Full-Text Articles in Law
Compassion And Pragmatism, James C. Hathaway
Compassion And Pragmatism, James C. Hathaway
Articles
Open wide the floodgates?
Much of the initial media reaction to the recently released Plaut Report on the refugee status determination process unfortunately has given the impression that the changes proposed will in some sense give rise to "gatecrashing" by persons unwilling to comply with ordinary immigration requirements, thereby jeopardizing the ability of Canada to ensure the integrity of its borders. We are told that the adoption of the study's proposals would "encourage purported refugees to arrive here in numbers that would soon overwhelm [the proposed] procedures" (Globe and Mail editorial, June 20, 1985).
This is far from accurate.
It …
Book Review (Reviewing Frederic Rogers Kellog, The Formative Essays Of Justice Holmes: The Making Of An American Legal Philosophy (1984) And H. L. Pohlman, Justice Oliver Wendell Holmes And Utilitarian Jurisprudence (1984)), Richard A. Posner
Articles
No abstract provided.
The 'Legalization' Of The Family: Toward A Policy Of Supportive Neutrality, David L. Chambers
The 'Legalization' Of The Family: Toward A Policy Of Supportive Neutrality, David L. Chambers
Articles
The word "legalization" has conflicting meanings. One, intended to sound the theme of this conference, conveys the notion of government regulation permeating some area of human activity. The other-as found, for example, in the phrase "the legalization of marijuana"-is a near opposite: the process of making legal or permissible that which. was previously forbidden, taking government out of that which it had previously controlled. The recent history of government's relationship to the family amply displays both sorts of legalization, both government's intrusion and its withdrawal, and reveals a paradoxical relation between the two-that as government frees people to live their …
Statistics In The Courtroom: Building On Rubinfeld, Richard O. Lempert
Statistics In The Courtroom: Building On Rubinfeld, Richard O. Lempert
Articles
As the use of statistics in litigation has burgeoned and as more complicated statistical techniques have entered the courtroom, concern for the way courts use statistics has mounted and efforts to instruct lawyers and judges on the wise use of statistics have begun. Professor Rubinfeld's paper is a contribution toward this end. Two ideas at the core of this paper are particularly important if we are to develop a more satisfactory approach to the use of statistics in the courtroom. The first is Professor Rubinfeld's caution against the talismanic use of the .05 level of significances as a test of …
Paternalism, James W. Nickel
Ethical Problems Of An International Human Rights Practice, David Weissbrodt
Ethical Problems Of An International Human Rights Practice, David Weissbrodt
Articles
Little attention has been devoted to ethical problems facing American lawyers engaged in commercial and corporate work in foreign countries or with foreign clients. IEven less attention has been paid to the professional responsibilities of lawyers engaged in an international human rights legal practice. 2 As an increas- ing number of lawyers become involved in the practice of international human rights law in the courts of the United States, in international fora, and abroad, issues will continue to arise regarding the ethical constraints on their work.3
United States Foreign Policy And Human Rights: An Overview, David Weissbrodt
United States Foreign Policy And Human Rights: An Overview, David Weissbrodt
Articles
The organizers of this symposium asked me to provide a back- ground for the present status of human rights in the foreign policy of the United States Government. They suggested that I provide a his- tory of the subject, stressing the approach of President Carter. I have written such a history, stressing the United States human rights legis- lation which was not created by President Carter, but which he found already in place when he reached the White House. Rather than recite this historical background, I think it would be more useful to look at three basic questions which might …
Public Sector Bargaining: Fiscal Crisis And Unilateral Change, Stephen F. Befort
Public Sector Bargaining: Fiscal Crisis And Unilateral Change, Stephen F. Befort
Articles
The brief history of public sector collective bargaining encompasses two periods of economic extreme. Collective bargaining in the public sector emerged in the 1960's and early 1970's, a period of unprecedented growth in state and local government. With normal economic restraints eased by the growth of state and local budgets, inexperienced public employers frequently offered little resistance to the demands of public sector unions. Beginning in the mid-1970's, however, the economic fortunes of state and local governments suffered a dramatic reversal. Whether viewed as a cause or an effect of the fiscal crisis, taxpayer hostility to ever-increasing budgets accompanied and …
The Appraisal Remedy And The Goals Of Corporate Law, Saul Levmore, Hideki Kanda
The Appraisal Remedy And The Goals Of Corporate Law, Saul Levmore, Hideki Kanda
Articles
No abstract provided.
Wrongful Possession Of Chattels: Hornbook Law And Case Law, Richard H. Helmholz
Wrongful Possession Of Chattels: Hornbook Law And Case Law, Richard H. Helmholz
Articles
No abstract provided.
Close Corporations And Agency Costs, Frank H. Easterbrook, Daniel R. Fischel
Close Corporations And Agency Costs, Frank H. Easterbrook, Daniel R. Fischel
Articles
No abstract provided.
The Constitution In The Supreme Court: 1910-1921, David P. Currie
The Constitution In The Supreme Court: 1910-1921, David P. Currie
Articles
No abstract provided.
Tying Privacy In Knotts: Beeper Monitoring And Collective Fourth Amendment Rights, Richard H. Mcadams
Tying Privacy In Knotts: Beeper Monitoring And Collective Fourth Amendment Rights, Richard H. Mcadams
Articles
No abstract provided.
Mediation With A Mugger: The Shortage Of Adjudicative Services And The Need For A Two-Tier Trial System In Civil Cases, Albert W. Alschuler
Mediation With A Mugger: The Shortage Of Adjudicative Services And The Need For A Two-Tier Trial System In Civil Cases, Albert W. Alschuler
Articles
No abstract provided.
For Edward Levi, Gerhard Casper
Vertical Agreements Under Section 1 Of The Sherman Act: Results In Search Of Reasons, Mark Anderson
Vertical Agreements Under Section 1 Of The Sherman Act: Results In Search Of Reasons, Mark Anderson
Articles
The application of section 1 of the Sherman Act to resale restrictions imposed by a supplier of goods requires an analysis of whether such restrictions result from an agreement and, if so, the standard applicable to the restriction. Each of these issues is a source of continuing controversy. The present position of the United States Supreme Court on the agreement issue is a product of two inappropriate influences. First, the Court has attempted to accommodate disparate interests reflected in the debate over the standards that should be applied once an agreement is proven. Second, the Court has resurrected the Colgate …
Two Fallacies In The Law Of Joint Torts, Richard A. Epstein
Two Fallacies In The Law Of Joint Torts, Richard A. Epstein
Articles
No abstract provided.
Why Restrain Alienation?, Richard A. Epstein
Recurrent Patterns Of Family Law, Richard H. Helmholz
An Economic Theory Of The Criminal Law, Richard A. Posner
An Economic Theory Of The Criminal Law, Richard A. Posner
Articles
No abstract provided.
Book Review (Reviewing Mark Silverstein, Constitutional Faiths: Felix Frankfurter, Hugo Black, And The Process Of Judicial Decision Making (1984)), Philip B. Kurland
Book Review (Reviewing Mark Silverstein, Constitutional Faiths: Felix Frankfurter, Hugo Black, And The Process Of Judicial Decision Making (1984)), Philip B. Kurland
Articles
No abstract provided.
Interest Groups In American Public Law, Cass R. Sunstein
Interest Groups In American Public Law, Cass R. Sunstein
Articles
No abstract provided.
Repeal Of The 'Earnings & Profits' Concept: The Limitation Of The Extent To Which Dividends Will Be Taxed As Ordinary Income, Walter J. Blum
Repeal Of The 'Earnings & Profits' Concept: The Limitation Of The Extent To Which Dividends Will Be Taxed As Ordinary Income, Walter J. Blum
Articles
No abstract provided.
Reviewing Agency Inaction After Heckler V. Chaney, Cass R. Sunstein
Reviewing Agency Inaction After Heckler V. Chaney, Cass R. Sunstein
Articles
No abstract provided.
Introduction To The Symposium On Legal Structures For Managing The Pacific Northwest Salmon And Steelhead: The Biological And Historical Context, Dale Goble
Articles
No abstract provided.
In Search Of Peaceful Settlements: An Idaho Judge Looks At Litigation And Its Alternative, Donald L. Burnett Jr.
In Search Of Peaceful Settlements: An Idaho Judge Looks At Litigation And Its Alternative, Donald L. Burnett Jr.
Articles
No abstract provided.
The Market Participant Test In Dormant Commerce Clause Analysis - Protecting Protectionism?, Richard Henry Seamon
The Market Participant Test In Dormant Commerce Clause Analysis - Protecting Protectionism?, Richard Henry Seamon
Articles
No abstract provided.
The Historical Origins And Economic Structures Of Workers' Compensation Law, Richard A. Epstein
The Historical Origins And Economic Structures Of Workers' Compensation Law, Richard A. Epstein
Articles
No abstract provided.
Method, Result, And Authority: A Reply, Frank H. Easterbrook
Method, Result, And Authority: A Reply, Frank H. Easterbrook
Articles
No abstract provided.
The Constitution In The Supreme Court: Full Faith And The Bill Of Rights, 1889-1910, David P. Currie
The Constitution In The Supreme Court: Full Faith And The Bill Of Rights, 1889-1910, David P. Currie
Articles
No abstract provided.