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Articles 1 - 30 of 79
Full-Text Articles in Law
The Fletcher Years, Ralph W. Johnson
The Fletcher Years, Ralph W. Johnson
Articles
How would you best describe Robert L. Fletcher, I asked my colleagues. He is, they said, thoughtful, a man of integrity, a delightful and companionable gentleman, sincere of purpose, hard-working, reliable, exceedingly thorough, a respected scholar and teacher. By habit he examines all aspects of a proposal before acting on it, reserves judgment until "all the evidence is in." Reputedly he enjoys ferreting out arcane future interests that violate the Rule Against Perpetuities in trust and real estate documents. Bob Fletcher practiced law for nine years in Seattle and Tacoma, Washington, before entering teaching in 1956. Before that he was ...
Nepa At Twenty: Mimicry And Recruitment In Environmental Law, William H. Rodgers, Jr.
Nepa At Twenty: Mimicry And Recruitment In Environmental Law, William H. Rodgers, Jr.
Articles
We are gathered here to consider not so much a twenty year-old law but a twenty year-old that has been extraordinarily far-reaching and influential. In its own special way, the National Environmental Polic Act and the environmental assessment that it represents have become the legal equivalent of cultural fads such as Hula Hoops, Rubik's Cubes, and Air Jordans.
A good portion of this conference, I suspect, will be devoted to documenting the many measures of NEPA's significance—the legal business it has generated, the institutional moves it has inspired, the precious places it is credited with saving.
My ...
Defining The Scope Of Broker And Dealer Duties -- Some Problems In Adjudicating The Responsibilities Of Securities And Commodities Professionals, Gregory A. Hicks
Defining The Scope Of Broker And Dealer Duties -- Some Problems In Adjudicating The Responsibilities Of Securities And Commodities Professionals, Gregory A. Hicks
Articles
The purpose of this Article is to stress the need for grounding broker-dealer duties in sound, articulated understandings of the investment markets, as well as defensible statements of the responsibilities and expectations of both customers and market professionals. This important need will be demonstrated through the use of several cases illustrating problematical or failed processes by which broker-dealer duties have been established.
This Article will focus primarily on two recent decisions, In re E.F. Hutton & Co., and Wasnick v. Refco, Inc., both of which have been criticized for inappropriately expanding broker and dealer duties. Each decision is better understood ...
A Need For Clarity: Toward A New Standard For Preliminary Injunctions, Lea B. Vaughn
A Need For Clarity: Toward A New Standard For Preliminary Injunctions, Lea B. Vaughn
Articles
This Article examines the various standards for preliminary injunctions and demonstrates the ways in which the standards have become confused by irrelevant layers of meaning. Those layers of meaning are analyzed; nonfunctional accretions are discarded, and legitimate modem meanings are developed. The discussion is conducted against a background of assumptions about what makes a good standard, for example, accessibility and comprehensiveness. By modernizing the standard, the parties and the courts will frankly and openly discuss the underlying legal issues and values. This, in turn, should lead to more legitimate decisions.
Under a modernized standard, a court should redress immediate pretrial ...
Article Xx Of The Afl-Cio Constitution: Managing And Resolving Inter-Union Disputes, Lea B. Vaughn
Article Xx Of The Afl-Cio Constitution: Managing And Resolving Inter-Union Disputes, Lea B. Vaughn
Articles
Labor, as embodied by the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), is perceived by many as a monolithic force but, in reality, is composed of a coalition of sometimes competing interests. Not surprisingly, and often raucously, the unions within the AFL-CIO compete for members in both representation and work assignment disputes. Traditional legal doctrine implies that National Labor Relations Board (NLRB or Board) proceedings present the only means to resolve inter-union disputes and that these disputes can be understood solely as legal issues; however, this is not the case. For almost thirty years, the AFL-CIO has ...
Memorials: Marian Gould Gallagher, Melissa Sue Landers, Penny A. Hazelton
Memorials: Marian Gould Gallagher, Melissa Sue Landers, Penny A. Hazelton
Articles
No abstract provided.
Fairness To The Absent Members Of A Defendant Class: A Proposed Revision Of Rule 23, Elizabeth Brandt
Fairness To The Absent Members Of A Defendant Class: A Proposed Revision Of Rule 23, Elizabeth Brandt
Articles
No abstract provided.
Through The Looking-Glass And What The Idaho Supreme Court Found There, Dale Goble
Through The Looking-Glass And What The Idaho Supreme Court Found There, Dale Goble
Articles
No abstract provided.
Looking In Our Backyards, Georgia Briscoe
Risks Of Violation Of Rules Of Professional Responsibility By Reason Of The Increased Disparity Among The States, Ted J. Fiflis
Risks Of Violation Of Rules Of Professional Responsibility By Reason Of The Increased Disparity Among The States, Ted J. Fiflis
Articles
No abstract provided.
Preface, Charles F. Wilkinson
Global Warming: Integrating United States And International Law, Lakshman D. Guruswamy
Global Warming: Integrating United States And International Law, Lakshman D. Guruswamy
Articles
No abstract provided.
Just Deserts For Juveniles: Punishment V. Treatment And The Difference It Makes, Barry Feld
Just Deserts For Juveniles: Punishment V. Treatment And The Difference It Makes, Barry Feld
Articles
No abstract provided.
Principles Against Executions, David Weissbrodt, Terri Rosen
Principles Against Executions, David Weissbrodt, Terri Rosen
Articles
The right to be free from extra-legal, arbitrary, or summary ex- ecutions is recognized in a number of international human rights in- struments. Such killings violate article 6 of the International Covenant on Civil and Political Rights,' which provides that "every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life."
Major Developments In 1990 At The Un Commission On Human Rights, Reed Brody, Penny Parker, David Weissbrodt
Major Developments In 1990 At The Un Commission On Human Rights, Reed Brody, Penny Parker, David Weissbrodt
Articles
The forty-sixth session of the United Nations Commission on Human Rights met from 29 January to 9 March 1990. It was the first meeting of the Com- mission following the democratic changes in Central Europe, the suppression of the pro-democracy movement in China, and the US invasion of Panama. The Commission also met after the General Assembly had called for an enlargement of its membership to remedy the under-representation of third world countries, while asking the Commission to study ways of making its work more effective.
Comparative Criminal Justice As A Guide To American Law Reform: How Do The French Do It, How Can We Find Out, And Why Should We Care?, Richard Frase
Comparative Criminal Justice As A Guide To American Law Reform: How Do The French Do It, How Can We Find Out, And Why Should We Care?, Richard Frase
Articles
In the 1970s and early 1980s, legal academics hotly debated the possibility of basing American law reforms on continental procedures, but this voluminous literature produced few conclusions and virtually no sustained research and reform efforts. In this Article, Professor Frase argues that this stalemate was largely due to the fact that the continental procedures most often proposed for borrowing were actually the least feasible transplants, whereas other, more modest possibilities were overlooked or misunderstood. To identify the latter, future researchers must analyze foreign systems comprehensively, in practice as well as in theory, and must subject domestic systems to equally comprehensive ...
The United States-Dakota War Trials: A Study In Military Injustice, Carol Chomsky
The United States-Dakota War Trials: A Study In Military Injustice, Carol Chomsky
Articles
Between September 28 and November 3, 1862, in southwestern Minnesota, nearly four hundred Dakota 1 men were tried for murder, rape, and robbery. All but seventy were convicted, and 303 of these were condemned to die. 2 After an official review of the trials, the sentences of thirty-eight were confirmed and, on December 26, 1862, these thirty-eight were hanged in Mankato, Minnesota, in the largest mass execution in American history. On November 11, 1865, after three additional trials, two more Dakota followed them to the gallows.
The 41st Session Of The Un Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, Robin M. Maher, David Weissbrodt
The 41st Session Of The Un Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, Robin M. Maher, David Weissbrodt
Articles
The forty-first session ofthe Sub-Commission on Prevention of Discrimination and Protection of Minorities (hereinafter the Sub-Commission) met in August 1989 to address a number of human rights situations that had come to worldwide attention since 1988. The session followed the bloody suppres- sion of demonstrations in the People's Republic of China, a rash of bombings and political assassinations in Colombia, and the use of chemical weapons against unarmed civilians in Iraq. Moreover, unusual political pressures from a variety of sources played an important role. As the Sub-Commission de- bated its first resolution on a country which holds a permanent ...
Meeting The Enemy, Robert F. Nagel
Recent Judicial Developments In Delaware Takeover Law, Mark J. Loewenstein
Recent Judicial Developments In Delaware Takeover Law, Mark J. Loewenstein
Articles
No abstract provided.
Political Pressure And Judging In Constitutional Cases, Robert F. Nagel
Political Pressure And Judging In Constitutional Cases, Robert F. Nagel
Articles
No abstract provided.
Justice Scalia And The Elusive Idea Of Discrimination Against Interstate Commerce, Richard B. Collins
Justice Scalia And The Elusive Idea Of Discrimination Against Interstate Commerce, Richard B. Collins
Articles
No abstract provided.
"Le Hors De Texte, C'Est Moi": The Politics Of Form And The Domestication Of Deconstruction, Pierre Schlag
"Le Hors De Texte, C'Est Moi": The Politics Of Form And The Domestication Of Deconstruction, Pierre Schlag
Articles
No abstract provided.
Separation Of Powers Under The Texas Constitution, Harold H. Bruff
Separation Of Powers Under The Texas Constitution, Harold H. Bruff
Articles
No abstract provided.
Court-Appointed Attorneys: Old Problems And New Solutions, H. Patrick Furman
Court-Appointed Attorneys: Old Problems And New Solutions, H. Patrick Furman
Articles
No abstract provided.
Normative And Nowhere To Go, Pierre Schlag
Book Review, Richard B. Collins
Book Review, William T. Pizzi
Security Interests Under Article 8 Of The Uniform Commercial Code, Jeanne L. Schroeder, David Gray Carlson
Security Interests Under Article 8 Of The Uniform Commercial Code, Jeanne L. Schroeder, David Gray Carlson
Articles
No abstract provided.
Not Beyond Justice: A Reply To Heller And Eisele, Arthur J. Jacobson
Not Beyond Justice: A Reply To Heller And Eisele, Arthur J. Jacobson
Articles
No abstract provided.