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Articles 1 - 16 of 16

Full-Text Articles in Law

Mandatory Fee Arbitration Under New York's Matrimonial Rules, Lester Brickman Jan 2001

Mandatory Fee Arbitration Under New York's Matrimonial Rules, Lester Brickman

Articles

Attorney-client fee arbitration is a subject of burgeoning interest to the bar and to scholars as well. Several years ago, I agreed to write an article on the substantive issues raised by fee arbitration as part of an analysis of New York's then newly adopted mandatory fee arbitration rule. Contacting other mandatory arbitration programs to request copies of the manuals they provided to fee arbitrators, I learned that no such manuals existed. Writing on a tabula rosa, I wrote an analysis of the substantive tasks in fee arbitration that could be adopted for use as part of a training ...


Avoidance Theory According To Steve Nickles, David Gray Carlson Jan 2001

Avoidance Theory According To Steve Nickles, David Gray Carlson

Articles

No abstract provided.


Hegel’S Theory Of Quality, David Gray Carlson Jan 2001

Hegel’S Theory Of Quality, David Gray Carlson

Articles

This article assesses the opening three chapters of Hegel's monumental "Science of Logic," a work largely unknown in the United States but recognized in Europe as the foundation of Hegel's impressive philosophical edifice. Hegel's task was to develop a foundation-free philosophy, in which the inherent contradictions in concepts caused the self-destruction of the concept and the generation of a new, improved concept. Hegel begins his work by examining the concept of Pure Being. Being itself shows to be finite, however. Being repeals itself and propels itself into thought. "Reality" therefore gives way to "ideality." Upon entering the ...


Duncan Kennedy As I Imagine Him: The Man, The Work, His Scholarship, And The Polity, Peter Goodrich Jan 2001

Duncan Kennedy As I Imagine Him: The Man, The Work, His Scholarship, And The Polity, Peter Goodrich

Articles

No abstract provided.


Liability For Increased Risk Of Harm: A Lawyer's Response To Professor Shafer, Melanie B. Leslie Jan 2001

Liability For Increased Risk Of Harm: A Lawyer's Response To Professor Shafer, Melanie B. Leslie

Articles

No abstract provided.


The Newness Of New Technology, Monroe E. Price Jan 2001

The Newness Of New Technology, Monroe E. Price

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No abstract provided.


The Rightness And Utility Of Voluntary Repatriation, David Rudenstine Jan 2001

The Rightness And Utility Of Voluntary Repatriation, David Rudenstine

Articles

No abstract provided.


Who Is Entitled To Own The Past, Ashton Hawkins, David Korzenik, David Rudenstine Jan 2001

Who Is Entitled To Own The Past, Ashton Hawkins, David Korzenik, David Rudenstine

Articles

No abstract provided.


A Tale Of Three Documents: Lord Elgin And The Missing, Historic 1801 Ottoman Document, David Rudenstine Jan 2001

A Tale Of Three Documents: Lord Elgin And The Missing, Historic 1801 Ottoman Document, David Rudenstine

Articles

No abstract provided.


Just So Stories: Posnerian Methodology, Jeanne L. Schroeder Jan 2001

Just So Stories: Posnerian Methodology, Jeanne L. Schroeder

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No abstract provided.


Representational Standing: U.S. Ex Rel. Stevens And The Future Of Public Law Litigation, Myriam E. Gilles Jan 2001

Representational Standing: U.S. Ex Rel. Stevens And The Future Of Public Law Litigation, Myriam E. Gilles

Articles

In May 2000, the Supreme Court handed down its decision in Vermont Agency of Natural Resources v. U.S. ex rel. Stevens, a seemingly predictable 11th Amendment case. In upholding the plaintiff's Article III standing to bring that case, however, the Court suggested a theory of "representational standing" that holds the potential to radically transform the entire body of law governing the ability of private citizens to seek, through the federal courts, the vindication of broadly-held public interests.


Law, Economics, Andthe Skeleton Of Value Fallacy, Kyron Huigens Jan 2001

Law, Economics, Andthe Skeleton Of Value Fallacy, Kyron Huigens

Articles

Experiments in the last decade or so have demonstrated persistent failures on the part of ordinary individuals rationally to pursue self-interest. The experiments pose serious challenges to economics, rational choice theory, and the law and economics school. Some experiments, for example, suggest an "endowment effect", that contradicts the Coase Theorem; the notion that, in the absence of transaction costs, goods will find their most efficient distribution regardless of their initial assignment. Cass Sunstein has collected a set of essays by economists and legal scholars exploring these challenges, in a volume entitled Behavioral Law and Economics.


Are Tax "Benefits" For Religious Institutions Constitutionally Dependent On Benefits For Secular Entities?, Edward A. Zelinsky Jan 2001

Are Tax "Benefits" For Religious Institutions Constitutionally Dependent On Benefits For Secular Entities?, Edward A. Zelinsky

Articles

No abstract provided.


Rhetoric And Somatics: Training The Body To Do The Work Of Law, Peter Goodrich Jan 2001

Rhetoric And Somatics: Training The Body To Do The Work Of Law, Peter Goodrich

Articles

No abstract provided.


Reading The Clean Air Act After Brown & Williamson, Michael Herz Jan 2001

Reading The Clean Air Act After Brown & Williamson, Michael Herz

Articles

No abstract provided.


Preventing The Execution Of The Innocent: Testimony Before The Senate Judiciary Committee, Barry C. Scheck Jan 2001

Preventing The Execution Of The Innocent: Testimony Before The Senate Judiciary Committee, Barry C. Scheck

Articles

No abstract provided.