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Articles

1990

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Institution
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Articles 1 - 30 of 125

Full-Text Articles in Law

Some Current Tax Aspects Of Foreign Investment In Us Businesses, Joseph Isenbergh Dec 1990

Some Current Tax Aspects Of Foreign Investment In Us Businesses, Joseph Isenbergh

Articles

No abstract provided.


A Tribute To Justice William J. Brennan, Jr., Richard A. Posner Nov 1990

A Tribute To Justice William J. Brennan, Jr., Richard A. Posner

Articles

No abstract provided.


Realization, Recognition, Reconciliation, Rationality And The Structure Of The Federal Income Tax System, Patricia D. White Jun 1990

Realization, Recognition, Reconciliation, Rationality And The Structure Of The Federal Income Tax System, Patricia D. White

Articles

No abstract provided.


Rawls On Political Community And Principles Of Justice, James W. Nickel May 1990

Rawls On Political Community And Principles Of Justice, James W. Nickel

Articles

No abstract provided.


The Fletcher Years, Ralph W. Johnson Apr 1990

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 …


Speaking Out Of Turn: The Story Of Josephine V., Anthony V. Alfieri Jan 1990

Speaking Out Of Turn: The Story Of Josephine V., Anthony V. Alfieri

Articles

No abstract provided.


Extreme Scholastic Realism: Its Relevance To Philosophy Of Science Today, Susan Haack Jan 1990

Extreme Scholastic Realism: Its Relevance To Philosophy Of Science Today, Susan Haack

Articles

No abstract provided.


The Politics Of Clinical Knowledge, Anthony V. Alfieri Jan 1990

The Politics Of Clinical Knowledge, Anthony V. Alfieri

Articles

No abstract provided.


Non-Sexist Teaching Techniques In Substantive Law Courses, Mary I. Coombs Jan 1990

Non-Sexist Teaching Techniques In Substantive Law Courses, Mary I. Coombs

Articles

No abstract provided.


Just Deserts For Juveniles: Punishment V. Treatment And The Difference It Makes, Barry Feld Jan 1990

Just Deserts For Juveniles: Punishment V. Treatment And The Difference It Makes, Barry Feld

Articles

No abstract provided.


Judging The Judges: Three Opinions, James Boyd White Jan 1990

Judging The Judges: Three Opinions, James Boyd White

Articles

For some time I have been working on the problem of judicial criticism, focusing especially on the question: What is it in the work of a judge that leads us to admire a judicial opinion with the result of which we disagree, or to condemn an opinion that "comes out" the way we would do if we were charged with the responsibility of decision? The response I have been making is that this kind of judicial excellence (and its opposite too) lies in the sort of social and intellectual action in which the opinion engages: in the character the court …


Kevin E. Kennedy, David L. Chambers Jan 1990

Kevin E. Kennedy, David L. Chambers

Articles

Our first encounter was on one of Kevin's many triumphant days during law school. Kevin, then a second year student, had advanced to the final round of the Campbell Competition, the moot court competition in which students brief and argue a case as if before the United States Supreme Court. I was one of the five "justices" who heard the case. The others were the dean and three distinguished appellate judges. Four students presented oral arguments and all were fine, but, Kevin's, the "Justices" agreed, was simply of a different order.


The Public Domain, Jessica D. Litman Jan 1990

The Public Domain, Jessica D. Litman

Articles

This article examines the public domain by looking at the gulf between what authors really do and the way the law perceives them. Part I outlines the basics of copyright as a species of property and introduces the public domain's place within the copyright scheme. Copyright grants authors" ' rights modeled on real property in order to encourage authorship by providing authors with markets in which they can seek compensation for their creations. Because parcels of authorship are intangible, however, the law faces *problems in determining the ownership and boundaries of its property grants. In particular, the concept of "originality," …


James K. Robinson—56th President Of The State Bar Of Michigan, John W. Reed Jan 1990

James K. Robinson—56th President Of The State Bar Of Michigan, John W. Reed

Articles

On September 14, 1990, James Kenneth Robinson became the 56th President of the State Bar of Michigan. The process that has brought him and the Bar to this good hour has produced a fortunate match between man and mission.


The Uniform Statutory Rule Against Perpetuities: Oregon Joins Up, Lawrence W. Waggoner Jan 1990

The Uniform Statutory Rule Against Perpetuities: Oregon Joins Up, Lawrence W. Waggoner

Articles

Uniform perpetuity reform is on the march, and Oregon has joined the parade. On January 1, 1990, the Uniform Statutory Rule Against Perpetuities (Uniform Act) became effective in Oregon. Although promulgated only three years ago, the Uniform Act has been enacted in over twenty percent of the states and appears to be on its way toward enactment in several others. Prior to the adoption of the Uniform Act, Oregon followed the common-law Rule Against Perpetuities (common-law Rule). Noted for its unjust consequences, the common-law Rule disregards actual events and invalidates a contingent (nonvested) future interest merely on the grounds of …


Goldstein's Curse, James J. White Jan 1990

Goldstein's Curse, James J. White

Articles

ON April 16, 1980, a man using the name Marvin Goldstein opened a bank account at a Baltimore branch of Union Trust Company. He deposited $15,000 in cash. He told the branch manager that he planned to establish a Baltimore office of his father's New York business, "Goldstein's Precious Metals and Stones." Goldstein identified himself with a New Jersey driver's license and gave a bank reference from New York. On May 6, Goldstein deposited a check for $880,000 at another Union Trust branch near the branch where he had opened the account. Words on this check indicated that it was …


Some Implications Of Cognitive Psychology For Risk Regulation, Roger G. Noll, James E. Krier Jan 1990

Some Implications Of Cognitive Psychology For Risk Regulation, Roger G. Noll, James E. Krier

Articles

Beginning with a set of books and articles published in the 1950s, cognitive psychologists have developed a new descriptive theory of how people make decisions under conditions of risk and uncertainty. A dominant theme in the theory is that most people do not evaluate risky circumstances in the manner assumed by conventional decision theory-they do not, that is, seek to maximize the expected value of some function when selecting among actions with uncertain outcomes. The purpose of this article is to consider some implications of the cognitive theory for regulatory policies designed to control risks to life, health, and the …


Security Interests Under Article 8 Of The Uniform Commercial Code, Jeanne L. Schroeder, David G. Carlson Jan 1990

Security Interests Under Article 8 Of The Uniform Commercial Code, Jeanne L. Schroeder, David G. Carlson

Articles

No abstract provided.


The Idolatry Of Rules: Writing Law According To Moses, With Reference To Other Jurisprudences, Arthur J. Jacobson Jan 1990

The Idolatry Of Rules: Writing Law According To Moses, With Reference To Other Jurisprudences, Arthur J. Jacobson

Articles

No abstract provided.


Congress, Free Speech, And Cable Legislation: An Introduction, Monroe E. Price Jan 1990

Congress, Free Speech, And Cable Legislation: An Introduction, Monroe E. Price

Articles

No abstract provided.


Deconstruction And Legal Interpretation: Conflict, Indeterminacy And The Temptations Of The New Legal Formalism, Michel Rosenfeld Jan 1990

Deconstruction And Legal Interpretation: Conflict, Indeterminacy And The Temptations Of The New Legal Formalism, Michel Rosenfeld

Articles

No abstract provided.


Bulk Sales Under Article 9: Some Easy Cases Made Difficult, David G. Carlson Jan 1990

Bulk Sales Under Article 9: Some Easy Cases Made Difficult, David G. Carlson

Articles

No abstract provided.


Nepa At Twenty: Mimicry And Recruitment In Environmental Law, William H. Rodgers, Jr. Jan 1990

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 opening remarks will …


Defining The Scope Of Broker And Dealer Duties -- Some Problems In Adjudicating The Responsibilities Of Securities And Commodities Professionals, Gregory A. Hicks Jan 1990

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 …


A Need For Clarity: Toward A New Standard For Preliminary Injunctions, Lea B. Vaughn Jan 1990

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 Jan 1990

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 And Melissa Sue Landers, Penny Hazelton Jan 1990

Memorials, Marian Gould Gallagher And Melissa Sue Landers, Penny Hazelton

Articles

No abstract provided.


Synthesizing Related Rules From Statutes And Cases For Legal Expert Systems, Layman E. Allen, Sallyanne Payton, Charles S. Saxon Jan 1990

Synthesizing Related Rules From Statutes And Cases For Legal Expert Systems, Layman E. Allen, Sallyanne Payton, Charles S. Saxon

Articles

Different legal expert systems may be incompatible with each other: A user in characterizing the same situation by answering the questions presented in a consultation can be led to contradictory inferences. Such systems can be ”synthesized’ to help users avoid such contradictions by alerting them that other relevant systems are available to be consulted as they are responding to questions. An example of potentially incompatible, related legal expert systems is presented here - ones for the New Jersey murder statute and the celebrated Quinlan case, along with one way of synthesizing them to avoid such incompatibility.


Generalization In Interpretive Theory, Joseph Vining Jan 1990

Generalization In Interpretive Theory, Joseph Vining

Articles

There are arguments at large about the nature of legal interpretation, proceeding from an implicit proposition that interpretation is the same phenomenon or experience whatever its setting. An assumption that there is one phenomenon can be found in discussions among lawyers of interpretation and in discussions among nonlawyers of legal interpretation-and as often in the work of those who would deny there is any significance to theorizing about interpretation, as of those who think persuasion to a particular theory will have the utmost consequence for law and society. Proceeding from such a proposition, rather than toward it, raises the risk …


Kevin E. Kennedy, Joseph Vining Jan 1990

Kevin E. Kennedy, Joseph Vining

Articles

Our first encounter was on one of Kevin's many triumphant days during law school. Kevin, then a second year student, had advanced to the final round of the Campbell Competition, the moot court competition in which students brief and argue a case as if before the United States Supreme Court. I was one of the five "justices" who heard the case. The others were the dean and three distinguished appellate judges. Four students presented oral arguments and all were fine, but, Kevin's, the "Justices" agreed, was simply of a different order. Archibald Cox, when Solicitor General of the United States, …