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1996

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Institution
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Articles 1 - 30 of 172

Full-Text Articles in Law

Moral Discourse, Bioethics, And The Law, Carl E. Schneider Nov 1996

Moral Discourse, Bioethics, And The Law, Carl E. Schneider

Articles

Dan Callahan follows a distinguished tradition when he uses the phrase "moral discourse" to describe the law's work. The frequency with which that image is deployed suggests its resonance and even rightness: When we think about the way society considers moral issues and develops moral positions, it can be useful to imagine the law as one of many social institutions that contribute to a social discussion. Nevertheless, this image is misleading. At least for our (graying and balding) genera- tions, the law is regarded as a worthy participant in American moral discourse preeminently because of its part in the civil …


Copyright Law And Electronic Access To Information, Jessica D. Litman Oct 1996

Copyright Law And Electronic Access To Information, Jessica D. Litman

Articles

At the same time as we have been discovering the Internet’s enormous potential to enhance access to information and revolutionize the ways libraries do business, the Internet’s high profile in popular media has made it the focus of a wide spectrum of fears about the future. This paper focuses on pending proposals to amend copyright law to enhance the control copyright owners wield over the appearance of their works on digital networks. These proposals would stifle libraries’ use of the Internet. Libraries and their supporters must participate in the copyright debate, and think creatively about new models for copyright. The …


Toward A Tax-Based Explanation Of The Liability Insurance Crisis, Kyle D. Logue Sep 1996

Toward A Tax-Based Explanation Of The Liability Insurance Crisis, Kyle D. Logue

Articles

The so-called liability insurance crisis of 1985 and 1986 transformed the way we think about tort law and about liability insurance markets. The crisis phenomena, which first appeared in late 1984 and lasted until mid-1986, consisted of enormous increases in liability insurance premiums and alarming reductions in the availability of certain types of liability coverage. In the two principal liability lines of insurance (Other Liability and Medical Malpractice), premiums increased by hundreds (in some cases thousands) of percentage points in a matter of months. At the same time, the availability of liability insurance contracted sharply. The liability policies that were …


Intellectual Property Issues In Genomics, Rebecca S. Eisenberg Aug 1996

Intellectual Property Issues In Genomics, Rebecca S. Eisenberg

Articles

Controversy over intellectual property rights in the results of large-scale cDNA sequencing raises intriguing questions about the roles of the public and private sectors in genomics research, and about who stands to benefit (and who stands to lose) from the private appropriation of genomic information. While the US Patent and Trademark Office has rejected patent applications on cDNA fragments of unknown function from the National Institutes of Health, private firms have pursued three distinct strategies for exploiting unpatented cDNA sequence information: exclusive licensing, non-exclusive licensing and dedication to the public domain.


Political Deliberation, Affirmative Action, And The Supreme Court, Cass R. Sunstein Jul 1996

Political Deliberation, Affirmative Action, And The Supreme Court, Cass R. Sunstein

Articles

No abstract provided.


Fundamental Justice And The Deflection Of Refugees From Canada, James C. Hathaway Jun 1996

Fundamental Justice And The Deflection Of Refugees From Canada, James C. Hathaway

Articles

Canada is preparing to implement a controversial provision of the Immigration Act that will deny asylum seekers the opportunity even to argue their need for protection from persecution. Under a policy labelled "deflection" by the authors, the claims of refugees who travel to Canada through countries deemed safe, likely the United States and eventually Europe, will be rejected without any hearing on the merits. Because deflection does not require substantive or procedural harmonization of refugee law among partner states, it will severely compromise the ability of genuine refugees to seek protection.


Why Is This Man A Moderate? (Reviewing William A. Fischel, Regulatory Takings: Law, Economics And Politics (1995)), Richard A. Epstein May 1996

Why Is This Man A Moderate? (Reviewing William A. Fischel, Regulatory Takings: Law, Economics And Politics (1995)), Richard A. Epstein

Articles

No abstract provided.


Discrimination Helps Companies Trade On Women's Sexuality, Mary E. Becker Feb 1996

Discrimination Helps Companies Trade On Women's Sexuality, Mary E. Becker

Articles

No abstract provided.


Offer, Acceptance, And Efficient Reliance, Richard Craswell Feb 1996

Offer, Acceptance, And Efficient Reliance, Richard Craswell

Articles

In this article, Professor Craswell explores efficient reliance as an implicit economic rationale underlying courts' decisions in contract formation cases. Contracting parties often fail to express their intentions clearly and courts must later decide what the parties would have wanted ex ante. When negotiations fail, one party (S) may deny ever making a commitment, while the other party (B) may claim to have relied on the first party's statements or conduct. Professor Craswell observes that courts often find a binding commitment by S when reliance by B would have been efficient. After explaining when reliance is efficient, and why the …


A Privatization Solution To The Legitimacy Of Prepetition Waivers Of The Automatic Stay, Edward S. Adams, James L. Baillie Jan 1996

A Privatization Solution To The Legitimacy Of Prepetition Waivers Of The Automatic Stay, Edward S. Adams, James L. Baillie

Articles

Section I of this article reviews the historical notions of the automatic stay prior to and under the Bankruptcy Act of 1898 (the “Act”) as well as the legislative history of § 362 of the Bankruptcy Code of 1978 (the “Code”). Section II focuses on the arguments for and against upholding the validity of agreements which waive the protections of the automatic stay. Specifically, this section analyzes recent court decisions in this area and attempts to discern differences between permissible and impermissible waivers. Section III reviews the enforcability of other prepetition agreements. In Section IV, we introduce our hypothesis, based …


The Draft International Antitrust Code Proposed At Munich: Good Intentions Gone Awry, Daniel J. Gifford Jan 1996

The Draft International Antitrust Code Proposed At Munich: Good Intentions Gone Awry, Daniel J. Gifford

Articles

Because private exclusionary arrangements can potentially effectively neutralize the market-opening efforts undertaken by governments, they have long been the subject of international concern.1 Manifestations of this concern extend back to 1948 when delegates to the Havana Conference approved a set of provisions directed against cartels and restrictive business practices. Periodically, government officials and others have focused upon the question of whether restrictive agreements among private business firms may impede trade. As a host of international agreements have progressively eliminated or have placed limits on government-erected trade barriers, attention has increasingly focused upon privately-erected barriers, i.e., those resulting from cartel-like exclusionary …


Microsoft Corporation, The Justice Department, And Antitrust Theory, Daniel J. Gifford Jan 1996

Microsoft Corporation, The Justice Department, And Antitrust Theory, Daniel J. Gifford

Articles

Microsoft Corporation's jousting with the Justice Department's Antitrust Division over the last two years has been the subject of widespread media interest. The Division has required Microsoft to change its licensing practices; it has thwarted Microsoft's planned merger with Intuit. Furthermore, the Division has threatened to block Microsoft's introduction of its new Windows 95 operating system as a result of a dispute over the lawfulness of Microsoft's incorporation into that program of an icon helping users to sign on to Microsoft's new on-line service. The sparring between the Justice Department and Microsoft over these Department challenges to Microsoft's plans may …


A Review Essay Of Richard Vigilante's Strike: The Daily News War And The Future Of American Labor, Daniel J. Gifford Jan 1996

A Review Essay Of Richard Vigilante's Strike: The Daily News War And The Future Of American Labor, Daniel J. Gifford

Articles

Richard Vigilante has combined in this book an intense and dramatic account of a major strike, complete with character portraits of the leading actors, with interpretations of the events and insights into the operations of the labor movement on several levels.


The End Of The Line: An Empirical Study Of Judicial Waiver, Marcy Rasmussen Podkopacz, Barry C. Feld Jan 1996

The End Of The Line: An Empirical Study Of Judicial Waiver, Marcy Rasmussen Podkopacz, Barry C. Feld

Articles

Judicial waiver decisions, which affect the most serious or persistent juvenile offenders, require a sentencing policy choice between rehabilitation in juvenile court and punishment in adult criminal court. The judicial waiver policy and processes in Hennepin County MN are analyzed.


A Call For A Unified Business Organization Law, John H. Matheson, Brent A. Olson Jan 1996

A Call For A Unified Business Organization Law, John H. Matheson, Brent A. Olson

Articles

The authors propose a wholesale reformation of business organization law. The current regime of business organization law reflects an attempt to blend the benefits of limited liability with conduit or flow-through taxation. The result has been a haphazard development of business forms, often created to satisfy shifting federal tax law guidelines. The authors trace this development, from the traditional corporation and partnership forms through limited partnerships and Subchapter S corporations to the recent organizational forms of limited liability companies and limited liability partnerships. The authors show how the search for the ideal organizational form has failed, leaving an unwieldy morass …


Beyond The Rhetoric Of The Nafta Treaty Debate: A Comparative Analysis Of Labor And Employment Law In Mexico And The United States, Stephen F. Befort, Virginia Cornett Jan 1996

Beyond The Rhetoric Of The Nafta Treaty Debate: A Comparative Analysis Of Labor And Employment Law In Mexico And The United States, Stephen F. Befort, Virginia Cornett

Articles

No abstract provided.


Intermediate Sanctions, Michael Tonry, Mary Lynch Jan 1996

Intermediate Sanctions, Michael Tonry, Mary Lynch

Articles

No abstract provided.


Responsible Parents And Good Children, Judith T. Younger Jan 1996

Responsible Parents And Good Children, Judith T. Younger

Articles

No abstract provided.


Civil War As Paradigm: Reestablishing The Rule Of Law At The End Of The Cold War, Jill Elaine Hasday Jan 1996

Civil War As Paradigm: Reestablishing The Rule Of Law At The End Of The Cold War, Jill Elaine Hasday

Articles

No abstract provided.


Can Tenants Recover Their Bonds?, Gary E. Sullivan, Mary Anne Noone Jan 1996

Can Tenants Recover Their Bonds?, Gary E. Sullivan, Mary Anne Noone

Articles

No abstract provided.


Unconditional Relationships, Saul Levmore Jan 1996

Unconditional Relationships, Saul Levmore

Articles

No abstract provided.


You're My What? -The Problem Of Children's Misperceptions Of Their Lawyers' Roles, Emily Buss Jan 1996

You're My What? -The Problem Of Children's Misperceptions Of Their Lawyers' Roles, Emily Buss

Articles

A lawyer representing seven-year-old James discussed James' options with him at considerable length. She explained to him that he had a number of choices about where he would live, some with family, some in foster care, and she took pains to discuss the likely consequences of each of his choices. James participated actively in the conversation, and had no trouble following the substance of the discussion. At the end of their conversation, the lawyer asked James what option he would like her to pursue. His direction to counsel: "I think I'd like to live with you.


The Subtle Vices Of The Employment Discrimination Laws, Richard A. Epstein Jan 1996

The Subtle Vices Of The Employment Discrimination Laws, Richard A. Epstein

Articles

No abstract provided.


Regulatory Sins Versus Market Legacies: A Short Reply To Mr. Leech, Richard A. Epstein Jan 1996

Regulatory Sins Versus Market Legacies: A Short Reply To Mr. Leech, Richard A. Epstein

Articles

No abstract provided.


Regulation In The Single Global Market: From Anarchy To World Federalism?, Diane P. Wood Jan 1996

Regulation In The Single Global Market: From Anarchy To World Federalism?, Diane P. Wood

Articles

No abstract provided.


Book Review (Reviewing James W. Ely, The Chief Justiceship Of Melville W. Fuller, 1888-1910 (1995)), Richard A. Epstein Jan 1996

Book Review (Reviewing James W. Ely, The Chief Justiceship Of Melville W. Fuller, 1888-1910 (1995)), Richard A. Epstein

Articles

No abstract provided.


Bad Faith Breach Of Contract By First-Party Insurers, Alan O. Sykes Jan 1996

Bad Faith Breach Of Contract By First-Party Insurers, Alan O. Sykes

Articles

Insurers may at times exploit the delay inherent in the civil litigation process to induce needy insureds to settle for less than the amount that the contract promises. The prospect of extracontractual remedies for such "bad faith" at the end of the litigation process can make these tactics unprofitable and thus serve a potentially valuable function. But the remedy may be worse than the problem, as the courts seem to find bad faith on the part of insurers who have genuine and reasonable disputes with their policyholders over the terms of the policy or over factual issues essential to the …


The Anonymity Tool, Saul Levmore Jan 1996

The Anonymity Tool, Saul Levmore

Articles

No abstract provided.


Estate Of Kirk: Mortmain, Perpetuities, Extrinsic Evidence, Aaargh!, Elizabeth Brandt Jan 1996

Estate Of Kirk: Mortmain, Perpetuities, Extrinsic Evidence, Aaargh!, Elizabeth Brandt

Articles

No abstract provided.


The Problem Of Social Cost: The Citations, Ronald H. Coase Jan 1996

The Problem Of Social Cost: The Citations, Ronald H. Coase

Articles

No abstract provided.