Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles

1985

Discipline
Institution
Keyword

Articles 1 - 30 of 88

Full-Text Articles in Law

Compassion And Pragmatism, James C. Hathaway Oct 1985

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 Aug 1985

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 Jun 1985

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 Jun 1985

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 Apr 1985

Paternalism, James W. Nickel

Articles

No abstract provided.


Ethical Problems Of An International Human Rights Practice, David Weissbrodt Jan 1985

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 Jan 1985

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 Jan 1985

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 Jan 1985

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 Jan 1985

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 Jan 1985

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 Jan 1985

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 Jan 1985

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 Jan 1985

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 Jan 1985

For Edward Levi, Gerhard Casper

Articles

No abstract provided.


Vertical Agreements Under Section 1 Of The Sherman Act: Results In Search Of Reasons, Mark Anderson Jan 1985

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 Jan 1985

Two Fallacies In The Law Of Joint Torts, Richard A. Epstein

Articles

No abstract provided.


Why Restrain Alienation?, Richard A. Epstein Jan 1985

Why Restrain Alienation?, Richard A. Epstein

Articles

No abstract provided.


Recurrent Patterns Of Family Law, Richard H. Helmholz Jan 1985

Recurrent Patterns Of Family Law, Richard H. Helmholz

Articles

No abstract provided.


An Economic Theory Of The Criminal Law, Richard A. Posner Jan 1985

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 Jan 1985

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 Jan 1985

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 Jan 1985

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 Jan 1985

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 Jan 1985

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. Jan 1985

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 Jan 1985

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 Jan 1985

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 Jan 1985

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 Jan 1985

The Constitution In The Supreme Court: Full Faith And The Bill Of Rights, 1889-1910, David P. Currie

Articles

No abstract provided.