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Articles

1987

Discipline
Institution
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Articles 1 - 30 of 107

Full-Text Articles in Law

Is Fraudulent Conveyance Law Efficient?, David G. Carlson Dec 1987

Is Fraudulent Conveyance Law Efficient?, David G. Carlson

Articles

No abstract provided.


Law And Enchantment: The Place Of Belief, Joseph Vining Dec 1987

Law And Enchantment: The Place Of Belief, Joseph Vining

Articles

The question I wish to raise is whether one must believe what one says when one makes a statement of law. The language of belief that we know, and from which moral discourse and the moral never stray far: do judges, lawyers, law participate in it? Any such question is but an aspect of a larger question, indeed issue, of what we may call the objectivity of legal language. It is raised perhaps most acutely by the broad claims now being made for artificial intelligence and in particular for the computer programming of legal advice (as a species of what …


Proprietary Rights And The Norms Of Science In Biotechnology Research, Rebecca S. Eisenberg Dec 1987

Proprietary Rights And The Norms Of Science In Biotechnology Research, Rebecca S. Eisenberg

Articles

As basic research in biotechnology yields increasing commercial applications, scientists and their research sponsors have become more eager to protect the commercial value of research discoveries through intellectual property law. Some scientists fear that these commercial incentives will weaken or even undermine the norms that have traditionally governed scientific research. In this Article, Professor Eisenberg examines the interaction of proprietary rights in inventions with these traditional scientific norms. Trade secrecy, she argues, is an undesirable strategy for protection of basic research discoveries because it impedes dissemination of new knowledge to the scientific community. She finds that patent law is in …


'Comparative Reprehensibility' And The Fourth Amendment Exclusionary Rule, Yale Kamisar Oct 1987

'Comparative Reprehensibility' And The Fourth Amendment Exclusionary Rule, Yale Kamisar

Articles

It is not . . . easy to see what the shock-the-conscience test adds, or should be allowed to add, to the deterrent function of exclusionary rules. Where no deterrence of unconstitutional police behavior is possible, a decision to exclude probative evidence with the result that a criminal goes free to prey upon the public should shock the judicial conscience even more than admitting the evidence. So spoke Judge Robert H. Bork, concurring in a ruling that the fourth amendment exclusionary rule does not apply to foreign searches conducted exclusively by foreign officials. A short time thereafter, when an interviewer …


The Humane And Just Alternative For Canada, James C. Hathaway Sep 1987

The Humane And Just Alternative For Canada, James C. Hathaway

Articles

The essence of C-55 ignores the admonition of the Standing Committee that we must be "knowledgeable and sensitive to human rights issues rather than immigration issues. The determination decision is not an immigration matter but instead a decision as to who are Convention refugees in need of Canada's protection." In stark contrast, immigration authorities have spoken of the importance of refugee law reform as a means of "enabling us to continue our strategy of controlled growth in immigration to Canada." By speaking of refugees in the same breath as immigration policy, the department has effectively confused the privilege of immigration …


John W. Reed And The High Style, Theodore J. St. Antoine Jun 1987

John W. Reed And The High Style, Theodore J. St. Antoine

Articles

John Reed is the Fred Astaire of the law school world. That doesn't mean John would win prizes for his waltzing and tangoing; the kinship runs much deeper. There is the same purity of line in gesture and speech, the same trimness of content and grace of expression, and the same ineffable talent for brightening up a scene just by entering it.


A Primer On The Sale Of Corporate Control (Reviewing David Cowan Bayne, The Philosophy Of Corporate Control: A Treatise On The Law Of Fiduciary Duty (1986)), Saul Levmore Apr 1987

A Primer On The Sale Of Corporate Control (Reviewing David Cowan Bayne, The Philosophy Of Corporate Control: A Treatise On The Law Of Fiduciary Duty (1986)), Saul Levmore

Articles

No abstract provided.


Successor Liability In Bankruptcy: Some Unifying Themes Of Intertemporal Creditor Priorities Created By Running Covenants, Products Liability, And Toxic-Waste Cleanup, David G. Carlson Apr 1987

Successor Liability In Bankruptcy: Some Unifying Themes Of Intertemporal Creditor Priorities Created By Running Covenants, Products Liability, And Toxic-Waste Cleanup, David G. Carlson

Articles

No abstract provided.


The American Advantage: The Value Of Inefficient Litigation, Samuel R. Gross Feb 1987

The American Advantage: The Value Of Inefficient Litigation, Samuel R. Gross

Articles

In a recent article, The German Advantage in Civil Procedure,1 Professor John Langbein claims that the German system of civil litigation is superior to the American; in an earlier article he makes a parallel claim about German criminal procedure.2 Roughly, Professor Langbein argues that by comparison to the German process, American litigation is overly complex, expensive, slow, and unpredictable - in short, inefficient.3 Professor Langbein is not the first and will not be the last to criticize American legal institutions in these terms, but he expresses this criticism particularly well: he is concise and concrete, he describes American practice by …


How To Argue About Health Care, Don Herzog Feb 1987

How To Argue About Health Care, Don Herzog

Articles

Despite the aggressive title of this article, my goals are modest. I begin by explaining briefly what should at any rate be obvious: that health care policies inescapably raise moral and political difficulties, difficulties that no technical fix could resolve. I move on to puzzle over the connections between some of the more abstract issues of moral and political theory and medical policy: here I urge that we develop a more sustained taste for exploring the moral conflicts embedded in our current practices. Finally, I suggest a strategy for making nitty-gritty facts-from the concrete world of third-party payment, expensive technology, …


From Billy Budd To Buchenwald (Reviewing Weisberg, Richard H., The Failure Of The Word: The Protagonist As Lawyer In Modern Fiction (1984)), Richard A. Posner Jan 1987

From Billy Budd To Buchenwald (Reviewing Weisberg, Richard H., The Failure Of The Word: The Protagonist As Lawyer In Modern Fiction (1984)), Richard A. Posner

Articles

No abstract provided.


Causation - In Context: An Afterword, Richard A. Epstein Jan 1987

Causation - In Context: An Afterword, Richard A. Epstein

Articles

No abstract provided.


Organized Exchanges And The Regulation Of Dual Class Common Stock, Daniel R. Fischel Jan 1987

Organized Exchanges And The Regulation Of Dual Class Common Stock, Daniel R. Fischel

Articles

No abstract provided.


The Regulation Of Banks And Bank Holding Companies, Daniel R. Fischel, Andrew M. Rosenfield, Robert S. Stillman Jan 1987

The Regulation Of Banks And Bank Holding Companies, Daniel R. Fischel, Andrew M. Rosenfield, Robert S. Stillman

Articles

No abstract provided.


The Ethics Of Wealth Maximization: Reply To Malloy, Richard A. Posner Jan 1987

The Ethics Of Wealth Maximization: Reply To Malloy, Richard A. Posner

Articles

No abstract provided.


The Regulation Of The Market In Adoptions, Richard A. Posner Jan 1987

The Regulation Of The Market In Adoptions, Richard A. Posner

Articles

No abstract provided.


Adjudicatory Jurisdiction And Class Actions, Diane P. Wood Jan 1987

Adjudicatory Jurisdiction And Class Actions, Diane P. Wood

Articles

No abstract provided.


Self-Interest And The Constitution, Richard A. Epstein Jan 1987

Self-Interest And The Constitution, Richard A. Epstein

Articles

No abstract provided.


A Jury Hoax: The Superpower Of The Opening Statement, Hans Zeisel Jan 1987

A Jury Hoax: The Superpower Of The Opening Statement, Hans Zeisel

Articles

No abstract provided.


Lochner's Legacy, Cass R. Sunstein Jan 1987

Lochner's Legacy, Cass R. Sunstein

Articles

No abstract provided.


Lochner's Misunderstood Legacy, Cass R. Sunstein Jan 1987

Lochner's Misunderstood Legacy, Cass R. Sunstein

Articles

No abstract provided.


Federalism: Evaluating The Founders' Design, Michael W. Mcconnell Jan 1987

Federalism: Evaluating The Founders' Design, Michael W. Mcconnell

Articles

No abstract provided.


Why Hold Elections? - Using Consent Decrees To Insulate Policies From Political Change, Michael W. Mcconnell Jan 1987

Why Hold Elections? - Using Consent Decrees To Insulate Policies From Political Change, Michael W. Mcconnell

Articles

No abstract provided.


Allocating Antitrust Decisionmaking Tasks, Frank H. Easterbrook Jan 1987

Allocating Antitrust Decisionmaking Tasks, Frank H. Easterbrook

Articles

Antitrust law has become a branch of industrial organization, itself a branch of economics. Today judges and the antitrust enforcement agencies search at every turn for economic arguments pro and con. This is a staple in academic thought as well-and it makes little difference what stripe. Those who could be called hawks employ economic argument, just as do those who see less scope for antitrust do. Most of the papers delivered at this symposium, like the merger guidelines issued by the National Association Attorneys General (NAAG),' are grounded in economic rather than political theories. More economics lies ahead. But what …


Comparative Advantage And Antitrust Law, Frank H. Easterbrook Jan 1987

Comparative Advantage And Antitrust Law, Frank H. Easterbrook

Articles

No abstract provided.


Justice And Contract In Consent Judgments, Frank H. Easterbrook Jan 1987

Justice And Contract In Consent Judgments, Frank H. Easterbrook

Articles

No abstract provided.


Beyond The Rule Of Law: Civic Virtue And Constitutional Structure, Richard A. Epstein Jan 1987

Beyond The Rule Of Law: Civic Virtue And Constitutional Structure, Richard A. Epstein

Articles

No abstract provided.


Municipal Liablility Under Sec. 1983: A Legal And Economic Analysis, Larry B. Kramer, Alan O. Sykes Jan 1987

Municipal Liablility Under Sec. 1983: A Legal And Economic Analysis, Larry B. Kramer, Alan O. Sykes

Articles

No abstract provided.


Bork: The Transformation Of A Conservative Constitutionalist, Philip B. Kurland Jan 1987

Bork: The Transformation Of A Conservative Constitutionalist, Philip B. Kurland

Articles

No abstract provided.


Comment On Schlesinger, The Constitution And Presidential Leadership, Philip B. Kurland Jan 1987

Comment On Schlesinger, The Constitution And Presidential Leadership, Philip B. Kurland

Articles

No abstract provided.