Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles

1992

Discipline
Institution
Keyword

Articles 1 - 30 of 146

Full-Text Articles in Law

What's Standing After Lujan? Of Citizen Suits, "Injuries," And Article Iii, Cass R. Sunstein Nov 1992

What's Standing After Lujan? Of Citizen Suits, "Injuries," And Article Iii, Cass R. Sunstein

Articles

No abstract provided.


Two Cheers For A Tale Of Three Cities, David Yellen Nov 1992

Two Cheers For A Tale Of Three Cities, David Yellen

Articles

No abstract provided.


Overcompensating: The Corporate Lawyer And Executive Pay, Charles M. Yablon Nov 1992

Overcompensating: The Corporate Lawyer And Executive Pay, Charles M. Yablon

Articles

No abstract provided.


Populism, Law, And The Corporation: The 1897 Kansas Supreme Court, James L. Hunt Oct 1992

Populism, Law, And The Corporation: The 1897 Kansas Supreme Court, James L. Hunt

Articles

No abstract provided.


A Treaty Is A Treaty Is A Treaty, Malvina Halberstam Oct 1992

A Treaty Is A Treaty Is A Treaty, Malvina Halberstam

Articles

No abstract provided.


State-Interest Analysis And The Channelling Function In Family Law, Carl E. Schneider Sep 1992

State-Interest Analysis And The Channelling Function In Family Law, Carl E. Schneider

Articles

I want to develop some themes I advanced in my article entitled State-Interest Analysis in Fourteenth Amendment "Privacy" Law: An Essay on the Constitutionalization of Social issues. In that article I noted that while courts and commentators have lavished effort on the fundamental-rights side of privacy law, they have scanted the state-interest side, thereby producing crucial weaknesses in that law. I felt that state~interest discussions in privacy cases often seemed to me unsatisfying. This is an attempt to see why. A major difficulty is that states tend to advance and courts tend to accept quite narrow specifications of a statute's …


The Public Trust Doctrine And Coastal Zone Management In Washington State, Ralph W. Johnson, Craighton Goeppele, David Jansen, Rachael Paschal Jul 1992

The Public Trust Doctrine And Coastal Zone Management In Washington State, Ralph W. Johnson, Craighton Goeppele, David Jansen, Rachael Paschal

Articles

The public trust doctrine is an ancient doctrine that has recently emerged as a powerful tool to protect the public interest in tidelands and shorelands. Created and developed by the judiciary, the doctrine's principles have found their way into several of Washington's regulatory statutes, such as the Shoreline Management Act and the Aquatic Lands Act. This Article traces the development of the doctrine in Washington, and explains the relation between the state's police power and the public trust doctrine. This Article also sets forth the current contours of the public trust doctrine in Washington, and charts potential future developments of …


Bioethics And The Family: The Cautionary View From Family Law, Carl E. Schneider Jul 1992

Bioethics And The Family: The Cautionary View From Family Law, Carl E. Schneider

Articles

For many years, the field of bioethics has been specially concerned with how the authority to make medical decisions should be allocated between doctor and patient. Today the patient's power-indeed, the patient's right-is widely acknowledged, at least in principle. But this development can hardly be the last word in our thinking about how medical decisions should be made. For one thing, sometimes patients cannot speak for themselves. For another, patients· make medical decisions in contexts that significantly include more participants than just the patient and doctor. Now, as this conference demonstrates, bioethics is beginning to ask what role the patient's …


The Porcupine's Dilemma: Strategic And Psychological Uncertainty In The Face Of Global Warming, William H. Rodgers, Jr. Jul 1992

The Porcupine's Dilemma: Strategic And Psychological Uncertainty In The Face Of Global Warming, William H. Rodgers, Jr.

Articles

No abstract provided.


The Trustee’S Strong Arm Power Under The Bankruptcy Code, David G. Carlson Jul 1992

The Trustee’S Strong Arm Power Under The Bankruptcy Code, David G. Carlson

Articles

No abstract provided.


Ruminations On Lucas V. South Carolina Coastal Council: An Introduction To An Amicus Curiae Brief, Richard A. Epstein Jun 1992

Ruminations On Lucas V. South Carolina Coastal Council: An Introduction To An Amicus Curiae Brief, Richard A. Epstein

Articles

No abstract provided.


Medieval Iceland And Modern Scholarship (Reviewing William Ian Miller, Bloodtaking And Peacemaking: Feud, Law And Society In Saga Iceland (1990)), Richard A. Posner May 1992

Medieval Iceland And Modern Scholarship (Reviewing William Ian Miller, Bloodtaking And Peacemaking: Feud, Law And Society In Saga Iceland (1990)), Richard A. Posner

Articles

No abstract provided.


Imagining A Free Press, Geoffrey R. Stone May 1992

Imagining A Free Press, Geoffrey R. Stone

Articles

No abstract provided.


Fifth Amendment Takings Implications Of The 1990 Native American Graves Protection And Repatriation Act, Ralph W. Johnson, Sharon I. Haensly Apr 1992

Fifth Amendment Takings Implications Of The 1990 Native American Graves Protection And Repatriation Act, Ralph W. Johnson, Sharon I. Haensly

Articles

In November 1990, Congress passed the Native American Graves Protection and Repatriation Act ("NAGPRA"). NAGPRA provides for the protection and disposition of Native American cultural items discovered on federal or tribal lands after NAGPRA's effective date. NAGPRA also addresses disposition of those objects currently held or controlled by federal agencies and museums. NAGPRA represents Congress' attempt to resolve years of debate between tribes, archaeologists, and museums. Like any legislative pronouncement, however, Congress left key issues to agencies and courts to resolve. This article focuses upon one such area, namely, Fifth Amendment takings questions that may arise when tribes or individual …


The Channelling Function In Family Law, Carl E. Schneider Apr 1992

The Channelling Function In Family Law, Carl E. Schneider

Articles

On an occasion such as this, we are called to step back from our daily work to seek what Justice Holmes called a "liberal view" of our subject. Today, I propose to do so by exploring a function of family law that I believe is basic, that underlies much of family law, that resonates with the deepest purposes of culture but that is rarely addressed expressly-namely, what I call the "channelling function." As I will soon explain at length, in the channelling function the law recruits, builds, shapes, sustains; and promotes social institutions. My exploration of this topic will have …


Coordinating Sanctions For Corporate Misconduct: Civil Or Criminal Punishment, David Yellen, Carl J. Mayer Apr 1992

Coordinating Sanctions For Corporate Misconduct: Civil Or Criminal Punishment, David Yellen, Carl J. Mayer

Articles

No abstract provided.


Rights And 'Rights Talk' (Reviewing Mary Ann Glendon, Rights Talk: The Impoverishment Of Political Discourse (1991)), Richard A. Epstein Mar 1992

Rights And 'Rights Talk' (Reviewing Mary Ann Glendon, Rights Talk: The Impoverishment Of Political Discourse (1991)), Richard A. Epstein

Articles

No abstract provided.


The Role Of A Bill Of Rights, David A. Strauss Jan 1992

The Role Of A Bill Of Rights, David A. Strauss

Articles

No abstract provided.


Bailment Theories And The Liability Of Bailees: The Elusive Uniform Standard Of Reasonable Care, Richard H. Helmholz Jan 1992

Bailment Theories And The Liability Of Bailees: The Elusive Uniform Standard Of Reasonable Care, Richard H. Helmholz

Articles

No abstract provided.


Abstraction And Authority, Frank H. Easterbrook Jan 1992

Abstraction And Authority, Frank H. Easterbrook

Articles

No abstract provided.


Partnerships, Limited Liability Companies, And Taxes: A Comment On The Survival Of Organizational Forms, Saul Levmore Jan 1992

Partnerships, Limited Liability Companies, And Taxes: A Comment On The Survival Of Organizational Forms, Saul Levmore

Articles

No abstract provided.


Legal Reasoning From The Top Down And From The Bottom Up: The Question Of Unenumerated Constitutional Rights, Richard A. Posner Jan 1992

Legal Reasoning From The Top Down And From The Bottom Up: The Question Of Unenumerated Constitutional Rights, Richard A. Posner

Articles

No abstract provided.


Biology, Difference, And Gender Discrimination, David A. Strauss Jan 1992

Biology, Difference, And Gender Discrimination, David A. Strauss

Articles

No abstract provided.


Justice Blackmun And Individual Rights, Diane P. Wood Jan 1992

Justice Blackmun And Individual Rights, Diane P. Wood

Articles

No abstract provided.


Book Review (Reviewing Reinhard Zimmermann, The Law Of Obligations: Roman Foundations Of The Civilian Tradition (1990)), Richard H. Helmholz Jan 1992

Book Review (Reviewing Reinhard Zimmermann, The Law Of Obligations: Roman Foundations Of The Civilian Tradition (1990)), Richard H. Helmholz

Articles

No abstract provided.


Free Speech Now, Cass R. Sunstein Jan 1992

Free Speech Now, Cass R. Sunstein

Articles

No abstract provided.


On Truisms And Constitutional Obligations: A Response, David A. Strauss, Cass R. Sunstein Jan 1992

On Truisms And Constitutional Obligations: A Response, David A. Strauss, Cass R. Sunstein

Articles

No abstract provided.


Yee V. City Of Escondido: The Supreme Court Strikes Out Again, Richard A. Epstein Jan 1992

Yee V. City Of Escondido: The Supreme Court Strikes Out Again, Richard A. Epstein

Articles

No abstract provided.


A Common Lawyer Looks At Constitutional Interpretation, Richard A. Epstein Jan 1992

A Common Lawyer Looks At Constitutional Interpretation, Richard A. Epstein

Articles

No abstract provided.


Should Congress Pass Legislation Restoring The Broader Interpretation Of Free Exercise Of Religion?, Michael W. Mcconnell Jan 1992

Should Congress Pass Legislation Restoring The Broader Interpretation Of Free Exercise Of Religion?, Michael W. Mcconnell

Articles

No abstract provided.