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Articles 31 - 60 of 105
Full-Text Articles in Law
Trashing The German Advantage, John H. Langbein
Market And Regulatory Approaches To Medical Malpractice: The Virginia Obstetrical No-Fault Statute, Richard A. Epstein
Market And Regulatory Approaches To Medical Malpractice: The Virginia Obstetrical No-Fault Statute, Richard A. Epstein
Articles
No abstract provided.
Covenants And Constitutions, Richard A. Epstein
On Reading The Constitution, Michael W. Mcconnell
The Unintended Revolution In Product Liability Law, Richard A. Epstein
The Unintended Revolution In Product Liability Law, Richard A. Epstein
Articles
No abstract provided.
Model Penal Code Conference Transcript: Discussion Five, Albert Alschuler
Model Penal Code Conference Transcript: Discussion Five, Albert Alschuler
Articles
No abstract provided.
Federal Reserve Board's Liberalization Of Restrictions On Ldc Debt-Equity Swaps, The Recent Development, Javier Rubinstein
Federal Reserve Board's Liberalization Of Restrictions On Ldc Debt-Equity Swaps, The Recent Development, Javier Rubinstein
Articles
No abstract provided.
The 39th Session Of The Un Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, Sonia Rosen, David Weissbrodt
The 39th Session Of The Un Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, Sonia Rosen, David Weissbrodt
Articles
The 39th session of the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities (Sub-Commission) was held from 10 August through 4 September 1987 in Geneva, Switzerland. The Sub-Commission, established in 1947 as a subsidiary body of the Commission on Human Rights (Commission), is composed of 26 experts who are elected by the Commission. The experts are elected in their individual capacities rather than as representatives of their governments. The Sub-Commission meets annually in August-September to undertake studies and make recom- mendations to the Commission on a wide range of human rights
The Role Of International Organizations In The Implementation Of Human Rights And Humanitarian Law In Situations Of Armed Conflict, David Weissbrodt
The Role Of International Organizations In The Implementation Of Human Rights And Humanitarian Law In Situations Of Armed Conflict, David Weissbrodt
Articles
No abstract provided.
What The Baby M Case Is Really All About, Judith T. Younger
What The Baby M Case Is Really All About, Judith T. Younger
Articles
No abstract provided.
Enforcement Of The Domestic Abuse Act In Minnesota: A Preliminary Study, Beverly Balos, Katie Trotzky
Enforcement Of The Domestic Abuse Act In Minnesota: A Preliminary Study, Beverly Balos, Katie Trotzky
Articles
The Minnesota Department of Corrections latest figures esti- mate that over 63,000 incidents of domestic battering occur each year in the state of Minnesota.1 Due to the inefficiencies and gaps in the reporting system, in Minnesota and across the United States, the true magnitude of the problem is difficult to document. Researchers have estimated, however, that over 1.7 million people in the United States have at some time faced a spouse with a gun or a knife, and that well over two million have experienced a beating by their spouse.2 Thus, while accurate documentation is difficult due to the severe …
Country-Related And Thematic Developments At The 1988 Session Of The U.N. Commission On Human Rights, David Weissbrodt
Country-Related And Thematic Developments At The 1988 Session Of The U.N. Commission On Human Rights, David Weissbrodt
Articles
The United Nations Commission on Human Rights is the principal and most important political organ of the United Nations concerned principally with human rights.1 ; The Commission meets for six weeks every year in February and March. This year, for example, it met from 1 February through 11 March 1988.2 The Commission is comprised of forty-three government represent- atives who are elected by the Economic and Social Council of the United Nations. The Economic and Social Council is, in turn, a subsidiary body of the United Nations General Assembly. When the UN Charter was written in 1945, the subject of …
Lender/Owners And Cercla: Title And Liability, Ann Burkhart
Lender/Owners And Cercla: Title And Liability, Ann Burkhart
Articles
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) represents Congress' response to the problem of cleaning up hazardous waste sites. The Act and its related regulations authorize the Environmental Protection Agency (EPA) either to order the responsible parties to contain the hazardous waste on the site or to clean the site and charge the responsible parties for EPA's response costs. An unresolved issue is whether these provisions contemplate holding a lender/owner liable for response costs. In this Article, Professor Burkhart rebuts challenges to lender/owner liability. She begins by scrutinizing the language and legislative history of the liability provisions and …
The Juvenile Court Meets The Principle Of Offense: Punishment, Treatment, And The Difference It Makes, Barry C. Feld
The Juvenile Court Meets The Principle Of Offense: Punishment, Treatment, And The Difference It Makes, Barry C. Feld
Articles
The United States Supreme Court's decision In re Gault 1 transformed the juvenile court into a very different institution than that envisioned by its Progressive creators. 2 Judicial and legislative efforts to harmonize the juvenile court with Gault's constitutional mandate have modified the purpose, process, and operation of the juvenile justice system. The Progressives envisioned a procedurally informal court with individualized, offender-oriented dispositional practices. The Supreme Court's due process decisions impose procedural formality on the juvenile court's traditional, individualized-treatment sentencing schemes. As the juvenile court system deviates from the Progressive ideal, it increasingly resembles, both procedurally and substantively, the adult …
Discovery In Labor Arbitration, Laura J. Cooper
Discovery In Labor Arbitration, Laura J. Cooper
Articles
The mere statement of the topic, discovery in labor arbitration, suggests a paradox. Is not the essence of the arbitration process an effort to avoid the procedural complexities that make litigation comparatively slow and costly? More than forty years ago, Learned Hand admonished a litigant distressed with the procedural failings of an arbitration proceeding:
Redefining The Antitrust Labor Exemption, Daniel J. Gifford
Redefining The Antitrust Labor Exemption, Daniel J. Gifford
Articles
Congress urgently needs to reformulate the antitrust labor exemption. Courts and legal scholars alike 1 have largely neglected the legal significance of the impact of industry-wide collective bargaining on price-output decisions in concentrated industries. They have, moreover, attended even less to the skewing tendencies produced by the almost universally practiced seniority system on labor union bargaining strategies.
The Right To Life During Armed Conflict: Disabled Peoples' International V. United States, David Weissbrodt, Beth Andrus
The Right To Life During Armed Conflict: Disabled Peoples' International V. United States, David Weissbrodt, Beth Andrus
Articles
Because of persecution, civil war, and economic despair, millions of people flee from their homes and go to live in other countries where they can stabilize their lives and find a safe place for themselves and their families. In 1998, the United Nations High Commissioner for Refugees estimated the number of people fleeing their home countries to exceed 22 million. 1 The right to seek and enjoy asylum is a well established principle in international law. 2 It has, however, been interpreted consistently as the right of the sovereign state to grant or deny asylum to those within its territory, …
Psychiatric And Chemical Dependency Treatment Of Minors: The Myth Of Voluntary Treatment And The Capacity To Consent, Beverly Balos, Ira Schwartz
Psychiatric And Chemical Dependency Treatment Of Minors: The Myth Of Voluntary Treatment And The Capacity To Consent, Beverly Balos, Ira Schwartz
Articles
No abstract provided.
United They Stand Divided They Fall: Public Choice Theory And The Tax Code, Julie Roin
United They Stand Divided They Fall: Public Choice Theory And The Tax Code, Julie Roin
Articles
No abstract provided.
Standing And The Privatization Of Public Law, Cass R. Sunstein
Standing And The Privatization Of Public Law, Cass R. Sunstein
Articles
No abstract provided.
Contract Rights And Property Rights: A Case Study In The Relationship Between Individual Liberties And Constitutional Structure, Michael W. Mcconnell
Contract Rights And Property Rights: A Case Study In The Relationship Between Individual Liberties And Constitutional Structure, Michael W. Mcconnell
Articles
In this Essay, Professor McConnell argues that constitutional interpretation should extend beyond the substantive principles expressed in the Constitution to the structural and institutional choices of the Framers. As an example, he explores possible explanations for the disparate treatment the Constitution accords to property and contract rights. Despite the Founders' general commitment to the preservation of private contract and property rights, the contracts clause, by its terms, applies only to state governments, while the just compensation clause applies solely to the federal government. Part I of the Essay summarizes the textual problem posed by the contracts and just compensation clauses. …
A Moral Realist Defense Of Constitutional Democracy, Michael W. Mcconnell
A Moral Realist Defense Of Constitutional Democracy, Michael W. Mcconnell
Articles
No abstract provided.
Blackmail, Ronald H. Coase
The Constitution Of Business, Frank H. Easterbrook
The Jurisprudence Of Skepticism, Richard A. Posner
Book Review (Reviewing Eskridge, William N., J., Cases And Materials On Legislation: Statutes And The Creation Of Public Policy (1988)), Richard A. Posner
Book Review (Reviewing Eskridge, William N., J., Cases And Materials On Legislation: Statutes And The Creation Of Public Policy (1988)), Richard A. Posner
Articles
No abstract provided.
Rent Control And The Theory Of Efficient Regulation, Richard A. Epstein
Rent Control And The Theory Of Efficient Regulation, Richard A. Epstein
Articles
No abstract provided.
In Defense Of The Regulation Of Insider Trading, Saul Levmore
In Defense Of The Regulation Of Insider Trading, Saul Levmore
Articles
No abstract provided.
Erisa's Fundamental Contradiction: The Exclusive Benefit Rule, John H. Langbein, Daniel R. Fischel
Erisa's Fundamental Contradiction: The Exclusive Benefit Rule, John H. Langbein, Daniel R. Fischel
Articles
No abstract provided.
Walter Blum Tributes, Joseph Isenbergh