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Articles

1989

Discipline
Institution
Keyword

Articles 1 - 30 of 107

Full-Text Articles in Law

Israel And The Palestinians, Gidon A. G. Gottlieb Oct 1989

Israel And The Palestinians, Gidon A. G. Gottlieb

Articles

No abstract provided.


The First Amendment And Cognition: A Response, Cass R. Sunstein Apr 1989

The First Amendment And Cognition: A Response, Cass R. Sunstein

Articles

No abstract provided.


Water Pollution And The Public Trust Doctrine, Ralph W. Johnson Apr 1989

Water Pollution And The Public Trust Doctrine, Ralph W. Johnson

Articles

Nonpoint pollution from irrigation return flows has become a serious national problem. Even the extraction of water for irrigation and other purposes causes pollution by reducing the assimilative capacity of the source stream or lake. Such pollution can be regulated either by the courts or the legislatures under the public trust doctrine, which antedates the prior appropriation system, and which protects fisheries and water quality. Alternatively, this pollution can be controlled under the state's police powers. The "takings" issue should not be troublesome because no one, not even prior appropriators, has or can acquire a legal right to pollute public …


Bad Law Makes Hard Cases: Reflections On Teen-Aged Axe-Murderers, Judicial Activism, And Legislative Default, Barry C. Feld Jan 1989

Bad Law Makes Hard Cases: Reflections On Teen-Aged Axe-Murderers, Judicial Activism, And Legislative Default, Barry C. Feld

Articles

Waiver legislation in Minnesota, as in most other States, typically requires juvenile court judges to make individualized determinations as to a juvenile's amenability to treatment and danger to society as the basis for deciding whether to transfer the juvenile to adult court for disposition. Disposition in adult court allows for a more severe sanction than that permitted under the maximum sentence that can be dispensed in juvenile court. The difficulty and disparity in applying this waiver law lies in the discretion given to juvenile justice judges and the diverse criteria applied in judicial decisionmaking, both in the juvenile court and …


The Right To Counsel In Juvenile Court: An Empirical Study Of When Lawyers Appear And The Difference They Make, Barry C. Feld Jan 1989

The Right To Counsel In Juvenile Court: An Empirical Study Of When Lawyers Appear And The Difference They Make, Barry C. Feld

Articles

No abstract provided.


Race And The Police Power: 1890 To 1937, Richard A. Epstein Jan 1989

Race And The Police Power: 1890 To 1937, Richard A. Epstein

Articles

No abstract provided.


The Future Of Law And Economics: A Comment On Ellickson, Richard A. Posner Jan 1989

The Future Of Law And Economics: A Comment On Ellickson, Richard A. Posner

Articles

No abstract provided.


Justice Across The Generations, Richard A. Epstein Jan 1989

Justice Across The Generations, Richard A. Epstein

Articles

No abstract provided.


Unconstitutional Conditions And Bargaining Breakdown, Richard A. Epstein Jan 1989

Unconstitutional Conditions And Bargaining Breakdown, Richard A. Epstein

Articles

No abstract provided.


The Corporate Contract, Frank H. Easterbrook, Daniel R. Fischel Jan 1989

The Corporate Contract, Frank H. Easterbrook, Daniel R. Fischel

Articles

No abstract provided.


Unfair Trade Injury: A Competition-Based Approach, Diane P. Wood Jan 1989

Unfair Trade Injury: A Competition-Based Approach, Diane P. Wood

Articles

No abstract provided.


The Grand Illusion: A Neutral System For The Taxation Of International Transactions, Julie Roin Jan 1989

The Grand Illusion: A Neutral System For The Taxation Of International Transactions, Julie Roin

Articles

No abstract provided.


Discovery As Abuse, Frank H. Easterbrook Jan 1989

Discovery As Abuse, Frank H. Easterbrook

Articles

No abstract provided.


State Administration Of A National Sales Tax: A New Opportunity For Cooperative Federalism, John A. Miller Jan 1989

State Administration Of A National Sales Tax: A New Opportunity For Cooperative Federalism, John A. Miller

Articles

No abstract provided.


An Economic Approach To Issues Of Religious Freedom, Richard A. Posner, Michael W. Mcconnell Jan 1989

An Economic Approach To Issues Of Religious Freedom, Richard A. Posner, Michael W. Mcconnell

Articles

No abstract provided.


Postscript: Subjective Utilitarianism, Richard A. Epstein Jan 1989

Postscript: Subjective Utilitarianism, Richard A. Epstein

Articles

No abstract provided.


Coping With The Caseload: A Comment On Magistrates And Masters, Richard A. Posner Jan 1989

Coping With The Caseload: A Comment On Magistrates And Masters, Richard A. Posner

Articles

No abstract provided.


On Theory And Practice: Reply To 'Richard Posner's Praxis', Richard A. Posner Jan 1989

On Theory And Practice: Reply To 'Richard Posner's Praxis', Richard A. Posner

Articles

No abstract provided.


The Economics Of Lender Liability, Daniel R. Fischel Jan 1989

The Economics Of Lender Liability, Daniel R. Fischel

Articles

No abstract provided.


On The Costs And Benefits Of Aggressive Judicial Review Of Agency Action, Cass R. Sunstein Jan 1989

On The Costs And Benefits Of Aggressive Judicial Review Of Agency Action, Cass R. Sunstein

Articles

No abstract provided.


The Federal Court In Idaho, 1889-1907: The Appointment And Tenure Of James H. Beatty, Idaho's First District Court Judge, Monique C. Lillard Jan 1989

The Federal Court In Idaho, 1889-1907: The Appointment And Tenure Of James H. Beatty, Idaho's First District Court Judge, Monique C. Lillard

Articles

No abstract provided.


Discriminatory Intent And The Taming Of Brown, David A. Strauss Jan 1989

Discriminatory Intent And The Taming Of Brown, David A. Strauss

Articles

No abstract provided.


Afterword: On Being A Commercial Court, Frank H. Easterbrook Jan 1989

Afterword: On Being A Commercial Court, Frank H. Easterbrook

Articles

No abstract provided.


The Supreme Court And The Jury: Voir Dire, Peremptory Challenges, And The Review Of Jury Verdicts, Albert Alschuler Jan 1989

The Supreme Court And The Jury: Voir Dire, Peremptory Challenges, And The Review Of Jury Verdicts, Albert Alschuler

Articles

No abstract provided.


Gregor Samsa Replies, Richard A. Posner Jan 1989

Gregor Samsa Replies, Richard A. Posner

Articles

No abstract provided.


Rent Control Revisited: One Reply To Seven Critics, Richard A. Epstein Jan 1989

Rent Control Revisited: One Reply To Seven Critics, Richard A. Epstein

Articles

No abstract provided.


Presidential Review, Frank H. Easterbrook Jan 1989

Presidential Review, Frank H. Easterbrook

Articles

No abstract provided.


The Utilitarian Foundations Of Natural Law, Richard A. Epstein Jan 1989

The Utilitarian Foundations Of Natural Law, Richard A. Epstein

Articles

No abstract provided.


The Constitution As Architecture: Legislative And Administrative Courts Under Article Iii, Paul M. Bator Jan 1989

The Constitution As Architecture: Legislative And Administrative Courts Under Article Iii, Paul M. Bator

Articles

No abstract provided.


Parliamentary Law, Majority Decisionmaking, And The Voting Paradox, Saul Levmore Jan 1989

Parliamentary Law, Majority Decisionmaking, And The Voting Paradox, Saul Levmore

Articles

No abstract provided.