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Articles

1995

Discipline
Institution
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Articles 1 - 30 of 154

Full-Text Articles in Law

The International Implications Of Tax Reform, Reuven Avi-Yonah Nov 1995

The International Implications Of Tax Reform, Reuven Avi-Yonah

Articles

This article examines the U.S. tax consequences of the use of derivative instruments in international financing transactions. The outline focuses in large part on the inconsistent U.S. tax treatment that results &om the use of various derivative financial instruments in cross-border financing transactions and the resulting implications for U.S. withholding taxes on ordinary equity and debt investments.


From Consumer Choice To Consumer Welfare, Carl E. Schneider Nov 1995

From Consumer Choice To Consumer Welfare, Carl E. Schneider

Articles

In trying to understand the I SUPPORT study, it may be useful to think of contemporary bioethics reform in terms of the principles of consumer protection. The central tendency of that reform (particularly in my own field-the law) has been to employ the model of consumer choice. That model sets as its purpose to allow consumers to choose the kinds of products they prefer. It seeks to accomplish that purpose primarily by supplying consumers the information they need to make choices and by insisting that they are given what they chose. Thus, for example, merchants may be required to reveal …


Response To Clark Freshman, Were Patricia Williams And Ronald Dworkin Separated At Birth?, Richard A. Posner Oct 1995

Response To Clark Freshman, Were Patricia Williams And Ronald Dworkin Separated At Birth?, Richard A. Posner

Articles

No abstract provided.


Freedom And Criminal Responsibility In The Age Of Pound: An Essay On Criminal Justice, Thomas A. Green Jun 1995

Freedom And Criminal Responsibility In The Age Of Pound: An Essay On Criminal Justice, Thomas A. Green

Articles

The concept of freedom has two main aspects: political liberty and freedom of the will. I am concerned here with the latter, although - as these two aspects of freedom are not entirely unrelated to each other - I shall touch also on the former. Enough has been written from a philosophical perspective on the relationship between free will and the law that it is not easy to justify yet another such undertaking. But there may still be room for some informal observations on the manner in which doubts about the concept of freedom of the will affected discussion of …


Hugo Black Among Friends, Dennis J. Hutchinson May 1995

Hugo Black Among Friends, Dennis J. Hutchinson

Articles

No abstract provided.


On The Duties And Rights Of Parents, Carl E. Schneider May 1995

On The Duties And Rights Of Parents, Carl E. Schneider

Articles

The law of the family is the law of the absurd. Law is a system of rules administered institutionally, and thus it must treat people categorically. When law regulates economic life, it finds people at arguably their most schematic, motivated-perhaps-by a relatively unitary conception of their interest pursued in relatively rational ways. But in family life, people are at their least schematic and at their most frustratingly human, various, idiosyncratic, irrational, and perverse, and the law's efforts to affect them are thus often quixotic. In Parents as Fiduciaries, 1 Professor Scott and Dean Scott strikingly and boldly deploy the …


The Limits Of Lieber, Lawrence Lessig Apr 1995

The Limits Of Lieber, Lawrence Lessig

Articles

No abstract provided.


Rediscovering Francis Lieber: An Afterward And Introduction, Michael Herz Apr 1995

Rediscovering Francis Lieber: An Afterward And Introduction, Michael Herz

Articles

No abstract provided.


On The 'Fruits' Of Miranda Violations, Coerced Confessions, And Compelled Testimony, Yale Kamisar Mar 1995

On The 'Fruits' Of Miranda Violations, Coerced Confessions, And Compelled Testimony, Yale Kamisar

Articles

Professor Akhil Reed Amar and Ms. Renee B. Lettow have written a lively, provocative article that will keep many of us who teach constitutional-criminal procedure busy for years to come. They present a reconception of the "first principles" of the Fifth Amendment, and they suggest a dramatic reconstruction of criminal procedure. As a part of that reconstruction, they propose, inter alia, that at a pretrial hearing presided over by a judicial officer, the government should be empowered to compel a suspect, under penalty of contempt, to provide links in the chain of evidence needed to convict him.


Understanding Changed Readings: Fidelity And Theory, Lawrence Lessig Feb 1995

Understanding Changed Readings: Fidelity And Theory, Lawrence Lessig

Articles

In this article, Professor Lessig proposes a theory to explain how new readings of the Constitution may maintain fidelity with past understandings of the document's meaning and purpose. After defining schematically some terminology for this exercise in "fidelity theory," the author proposes a general typology of four justifications for changed constitutional readings: amendment, synthesis, fact translation, and structural translation. Describing this last justification as so far overlooked, he illustrates, by way of four historical case studies, how structural translation results from a pragmatic institutional response by judges to subtle changes in interpretive context-changes both in what Professor Lessig calls the …


Violent Youth And Public Policy: A Case Study Of Juvenile Justice Law Reform, Barry C. Feld Jan 1995

Violent Youth And Public Policy: A Case Study Of Juvenile Justice Law Reform, Barry C. Feld

Articles

The purpose of this article by Feld was to examine the work of Minnesota's Juvenile Justice Task Force of 1994 in light of policy, case law, and prior task force recommendations. The author, a member and co-chair of the Task Force, analyzed revisions in the Minnesota juvenile justice adjudicatory system as it converged juvenile and criminal court adjudication procedures and philosophy. Ultimately, the recommendations of the Task Force were presented and accepted by the Minnesota legislature, and subsequently included Minnesota's 1994 Juvenile Crime Bill.


Federalism, Efficiency, The Commerce Clause, And The Sherman Act: Why We Should Follow A Consistent Free-Market Policy, Daniel J. Gifford Jan 1995

Federalism, Efficiency, The Commerce Clause, And The Sherman Act: Why We Should Follow A Consistent Free-Market Policy, Daniel J. Gifford

Articles

The focus of the dormant commerce clause is on free trade among the states. Indeed, the Supreme Court, borrowing from the vocabulary of European integration, frequently asserts that the dormant commerce clause calls for an American "common market." 1 Borrowing from the language of international trade, the Court invalidates state or local legislation which is "protectionist." 2 This focus is consistent with the purpose of the Framers, who sought to prevent economic barriers to trade from threatening the new political order established by the United States Constitution. Stated in a more positive vein, the free-trade objectives incorporated in the dormant …


The Jurisprudence Of Antitrust, Daniel J. Gifford Jan 1995

The Jurisprudence Of Antitrust, Daniel J. Gifford

Articles

ANTITRUST law is widely perceived to be the legal guardian of the competitive process. To the extent that it performs its role, the nation benefits. In the short-term, the nation benefits from a market process which efficiently allocates society's resources in accordance with consumer demand. In the long-term, the nation benefits as more efficient producers gradually replace less efficient producers, thus lowering the cost and increasing the supply of goods and services.


Judicial Waiver Policy And Practice: Persistence, Seriousness And Race, Marcy Rasmussen Podkopacz, Barry C. Feld Jan 1995

Judicial Waiver Policy And Practice: Persistence, Seriousness And Race, Marcy Rasmussen Podkopacz, Barry C. Feld

Articles

One of the most controversial contemporary criminal policy issues is whether serious or chronic young offenders should be tried and sentenced as juveniles or adults. Defining the boundary between juvenile and criminal courts depends upon the answers to a host of inter-related questions: Who are serious juvenile offenders? On the basis of what characteristics are they identified? Who should decide which system will deal with them and why? Does it make any difference, either symbolically or in terms of public safety, whether states try and sentence some youths as juveniles or adults? The diversity of legislative strategies to resolve these …


A Charitable Corporate Giving Justification For The Socially Responsible Investment Of Pension Funds: A Populist Argument For The Public Use Of Private Wealth, Edward S. Adams, Karl D. Knutsen Jan 1995

A Charitable Corporate Giving Justification For The Socially Responsible Investment Of Pension Funds: A Populist Argument For The Public Use Of Private Wealth, Edward S. Adams, Karl D. Knutsen

Articles

This Article proposes a novel justification for the socially responsible investment of pension funds based upon traditional principles of charitable corporate giving and populism. This Article asserts that the justifications employed by courts in the first half of the twentieth century to expand the direct benefit doctrine in the charitable corporate giving context provide a foundation for allowing socially responsible investing in the pension fund context today. In formulating this thesis, Part I of this Article surveys the present limitations placed upon pension fund fiduciaries in the context of socially responsible investing. Part II then describes the traditional legal model …


Strategic Approaches To Crime Prevention, Michael Tonry, David P. Farrington Jan 1995

Strategic Approaches To Crime Prevention, Michael Tonry, David P. Farrington

Articles

No abstract provided.


Sentencing Laws & Practices In France, Richard Frase Jan 1995

Sentencing Laws & Practices In France, Richard Frase

Articles

No abstract provided.


Lessons Of State Guideline Reforms, Richard Frase Jan 1995

Lessons Of State Guideline Reforms, Richard Frase

Articles

No abstract provided.


Back To The Briarpatch: An Argument In Favor Of Constitutional Meta-Analysis In State Action Determinations, Ronald J. Krotoszynski Jr. Jan 1995

Back To The Briarpatch: An Argument In Favor Of Constitutional Meta-Analysis In State Action Determinations, Ronald J. Krotoszynski Jr.

Articles

No abstract provided.


Judicial Ethics Simulation Based Training, Stephen M. Simon, Maury S. Landsman Jan 1995

Judicial Ethics Simulation Based Training, Stephen M. Simon, Maury S. Landsman

Articles

The Judicial Ethics Education Project trains trial judges to be aware of ethical issues that arise in the trial process. The project employs case simulations that raise ethical and management issues requiring immediate attention during the course of a trial. The goal of the project is to provide sitting judges with a basis on which to make similar decisions during trials. The project grew out of and is incorporated into the Minnesota Judicial Trial Skills Training Program ("MJTSTP") at the University of Minnesota, which was created in 1986 by Professor Steve Simon and Judge Bertrand Portisky and is mandatory for …


Review Essay, Daniel J. Gifford Jan 1995

Review Essay, Daniel J. Gifford

Articles

No abstract provided.


Judges' Writing Styles (And Do They Matter?), Richard A. Posner Jan 1995

Judges' Writing Styles (And Do They Matter?), Richard A. Posner

Articles

No abstract provided.


The Permit Power Meets The Constitution, Richard A. Epstein Jan 1995

The Permit Power Meets The Constitution, Richard A. Epstein

Articles

No abstract provided.


The Constitution In Congress: The Second Congress, 1791--1793, David P. Currie Jan 1995

The Constitution In Congress: The Second Congress, 1791--1793, David P. Currie

Articles

No abstract provided.


The Internationalization Of Antitrust Law: Options For The Future, Diane P. Wood Jan 1995

The Internationalization Of Antitrust Law: Options For The Future, Diane P. Wood

Articles

No abstract provided.


The Spatial Bias Of Federal Housing Law And Policy: Concentrated Poverty In Urban America, Michael H. Schill, Susan Wachter Jan 1995

The Spatial Bias Of Federal Housing Law And Policy: Concentrated Poverty In Urban America, Michael H. Schill, Susan Wachter

Articles

No abstract provided.


Introduction Feature: Right After Communism: Introduction, Cass R. Sunstein Jan 1995

Introduction Feature: Right After Communism: Introduction, Cass R. Sunstein

Articles

No abstract provided.


Remembering Walter, Douglas G. Baird Jan 1995

Remembering Walter, Douglas G. Baird

Articles

No abstract provided.


Remedies When Contracts Lack Consent: Autonomy And Institutional Competence, Richard Craswell Jan 1995

Remedies When Contracts Lack Consent: Autonomy And Institutional Competence, Richard Craswell

Articles

Autonomy-based theories hold that enforceable contracts require the knowing and voluntary consent of the parties. In defining "knowing" and "voluntary," however, autonomy theorists have paid little attention to the remedy that will be granted if consent is round to be lacking, or to the question of what obligations (if any) will be enforced in place of the unconsented-to contract. In this paper, I expand on Michael Trebilcock's argument that considerations of institutional competence-specifically, the relative ability of courts and private actors to craft acceptable substitute obligations-should sometimes play a key role in defining what counts as "knowing" and "voluntary" consent.


The Harms And Benefits Of Nollan And Dolan, Richard A. Epstein Jan 1995

The Harms And Benefits Of Nollan And Dolan, Richard A. Epstein

Articles

No abstract provided.