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Articles 10081 - 10110 of 11529
Full-Text Articles in Law
Privacy, Property Rights, And Misrepresentations, Richard A. Epstein
Privacy, Property Rights, And Misrepresentations, Richard A. Epstein
Articles
No abstract provided.
Information And Antitrust: Reflections On The Gypsum And Engineers Decisions, Richard A. Posner
Information And Antitrust: Reflections On The Gypsum And Engineers Decisions, Richard A. Posner
Articles
A persistent and troublesome question of antitrust policy concerns the proper treatment of practices and behavior related to the provision of information to buyers and sellers. The dissemination of pricing information may be evidence offixing, or it may simply be an efficient market-equilibrating mechanism. In this article, Professor Posner discusses two recent Supreme Court decisions that have addressed this problem and then engages in a general analysis of the problem of information and antitrust. Professor Posner concludes that an exchange of information should be considered lawful without regard to market structure or other factors. When appropriate, however, the trier offact …
The Chicago School Of Antitrust Analysis, Richard A. Posner
The Chicago School Of Antitrust Analysis, Richard A. Posner
Articles
No abstract provided.
Res Judicata: The Neglected Defense, David P. Currie
Sentencing Reform And Prosecutorial Power: A Critique Of Recent Proposals For 'Fixed' And 'Presumptive' Sentencing, Albert Alschuler
Sentencing Reform And Prosecutorial Power: A Critique Of Recent Proposals For 'Fixed' And 'Presumptive' Sentencing, Albert Alschuler
Articles
No abstract provided.
Coordination Of Workers' Compensation Benefits With Tort Damage Awards, Richard A. Epstein
Coordination Of Workers' Compensation Benefits With Tort Damage Awards, Richard A. Epstein
Articles
No abstract provided.
Efficient Capital Market Theory, The Market For Corporate Control, And The Regulation Of Cash Tender Offers, Daniel R. Fischel
Efficient Capital Market Theory, The Market For Corporate Control, And The Regulation Of Cash Tender Offers, Daniel R. Fischel
Articles
Federal and state regulation of the cash tender offer makes it difficult for outsiders to win control of a corporation whose securities have been doing poorly in the capital market. Mr. Fischel argues that efficient capital market theory undermines the reasons usually given for these regulatory barriers and concludes that without these barriers the efficiency of the related market for corporate control would improve, His discussion also examines the courts' use of the business judgment rule in cases charging that managers have improperly dedicated corporate funds to measures that discourage tender offers, and extolls instead the recently devised compelling business …
Roman Law Of Guardianship In England, 1300-1600, Richard H. Helmholz
Roman Law Of Guardianship In England, 1300-1600, Richard H. Helmholz
Articles
No abstract provided.
Increasing Use Of The Sun: A Potential Role For The Energy Utilities, Dale Goble
Increasing Use Of The Sun: A Potential Role For The Energy Utilities, Dale Goble
Articles
No abstract provided.
Bakke's Wake, Philip B. Kurland
Is The Era Constitutionally Necessary?, Philip B. Kurland
Is The Era Constitutionally Necessary?, Philip B. Kurland
Articles
No abstract provided.
Some Personal Impressions Of Wilfred Puttkammer As Teacher And Colleague, Walter J. Blum
Some Personal Impressions Of Wilfred Puttkammer As Teacher And Colleague, Walter J. Blum
Articles
No abstract provided.
Products Liability: The Search For The Middle Ground, Richard A. Epstein
Products Liability: The Search For The Middle Ground, Richard A. Epstein
Articles
No abstract provided.
Construing The Uniform Division Of Income For Tax Purposes Act: Reflections On The Illinois Supreme Court's Reading Of The Throwback Rule, Walter Hellerstein
Construing The Uniform Division Of Income For Tax Purposes Act: Reflections On The Illinois Supreme Court's Reading Of The Throwback Rule, Walter Hellerstein
Articles
No abstract provided.
Max Rheinstein, Gerhard Casper
Specific Performance, Anthony T. Kronman
Continental Criminal Procedure: Myth And Reality, John H. Langbein, Lloyd L. Weinreb
Continental Criminal Procedure: Myth And Reality, John H. Langbein, Lloyd L. Weinreb
Articles
No abstract provided.
Living Probate: The Conservatorship Model, John H. Langbein
Living Probate: The Conservatorship Model, John H. Langbein
Articles
No abstract provided.
The Criminal Trial Before The Lawyers, John H. Langbein
The Criminal Trial Before The Lawyers, John H. Langbein
Articles
No abstract provided.
Torture And Plea Bargaining, John H. Langbein
Torture And Plea Bargaining, John H. Langbein
Articles
In this essay I shall address the modem American system of plea bargaining from a perspective that must appear bizarre, although I hope to persuade you that it is illuminating. I am going to contrast plea bargaining with the medieval European law of torture. My thesis is that there are remarkable parallels in origin, in function, and even in specific points of doctrine, between the law of torture and the law of plea bargaining. I shall suggest that these parallels expose some important truths about how criminal justice systems respond when their trial procedures fall into deep disorder.
In Pursuit Of Excellence -- A History Of The University Of Minnesota Law School, Part Iii: The Fraser Years -- A Time Of Excellence And Innovation, Robert Stein
Articles
The first two articles in this series described the development of the University of MinnesotaLaw School under Deans William S. Pattee' and William Reynolds Vance.2 Dean Pattee had provided thesteady andaccommodatingleadershipneeded to lay theground- work for the years of ascendancy under Dean Vance. During his eight-year tenure at Minnesota, the most important of the many improvements Dean Vance had made was in the quality of the fac- ulty. Withatalentforrecognizingtheearlymanifestationsofscho- lastic excellence, Vance had attracted to the law school professors who developed into some of the leading scholars of their day. The work of Vance and these professorsmade the stillyoung schoolinto …
The Myth Of Legal Ethics, Eric Schnapper
The Myth Of Legal Ethics, Eric Schnapper
Articles
The moral platitudes found in the Code of Professional Responsibility have little to do with legal ethics as actually enforced.
The Federal Rules Of Evidence: A Model For Improved Evidentiary Decisionmaking In Washington, Robert H. Aronson
The Federal Rules Of Evidence: A Model For Improved Evidentiary Decisionmaking In Washington, Robert H. Aronson
Articles
This article discusses the underlying reasons for establishing rules of evidence, defines two unavoidable conflicts encountered in attempting to effectuate the purposes for adopting such rules, suggests that the Federal Rules of Evidence help resolve these conflicts by adhering to several clearly enunciated rationales, and, finally, indicates how the Rules recognize and accommodate important new scientific and social insights on the admissibility of evidence.
Normalized Legal Drafting And The Query Method, Layman E. Allen, C. Rudy Engholm
Normalized Legal Drafting And The Query Method, Layman E. Allen, C. Rudy Engholm
Articles
Normalized legal drafting is a mode of expressing ideas in statutes, regulations, contracts, and other legal documents in such a way that the syntax that relates the constituent propositions is simplified and standardized. This "normalization" results in documents that are easier to understand in the dual sense that they can be read faster and more accurately than corresponding documents that are not normalized. The query method is a technique for familiarizing learners with normalized drafting and providing practice in some of the easier aspects of doing it.
What Counts Is How The Game Is Scored: One Way To Increase Achievement In Learning Mathematics, Layman E. Allen, Gloria Jackson, Joan Ross, Stuart White
What Counts Is How The Game Is Scored: One Way To Increase Achievement In Learning Mathematics, Layman E. Allen, Gloria Jackson, Joan Ross, Stuart White
Articles
Pior investigation indicates that instructional gaming can be an effective tool for enhancing both motivation and achievement in the learning of mathematics. This study explores the extent to which the effectiveness of instructional gaming in facilitating the learning of specific mathematical ideas can be increased by incorporating devices that channel learners’ attention upon those ideas. In particular, the effect of channeling attention by changing the method of scoring is explored.
Brewer V. Williams, Massiah And Miranda: What Is 'Interrogation'? When Does It Matter?, Yale Kamisar
Brewer V. Williams, Massiah And Miranda: What Is 'Interrogation'? When Does It Matter?, Yale Kamisar
Articles
On Christmas Eve, 1968, a ten-year-old girl, Pamela Powers, disappeared while with her family in Des Moines, Iowa.2 Defendant Williams, an escapee from a mental institution and a deeply religious person, 3 was suspected of murdering her, and a warrant was issued for his arrest.4 Williams telephoned a Des Moines lawyer, McKnight, and on his advice surrendered himself to the Davenport, Iowa, police.5 Captain Learning and another Des Moines police officer arranged to drive the 160 miles to Davenport, pick up Williams, and return him directly to Des Moines. 6 Both the trial court 7 and the federal district court8 …
Is The Exclusionary Rule An 'Illogical' Or 'Unnatural' Interpretation Of The Fourth Amendment?, Yale Kamisar
Is The Exclusionary Rule An 'Illogical' Or 'Unnatural' Interpretation Of The Fourth Amendment?, Yale Kamisar
Articles
More than 50 years have passed since the Supreme Court decided the Weeks case, barring the use in federal prosecutions of evidence obtained in violation of the Fourth Amendment, and the Silverthorne case, invoking what has come to be known as the "fruit of the poisonous tree" doctrine. The justices who decided those cases would, I think, be quite surprised to learn that some day the value of the exclusionary rule would be measured by-and the very life of the rule might depend on-an empirical evaluation of its efficacy in deterring police misconduct. These justices were engaged in a less …
Some Impressions And Reflections On Observing Legal Proceedings In The People's Republic Of China, Christina B. Whitman, Sallyanne Payton
Some Impressions And Reflections On Observing Legal Proceedings In The People's Republic Of China, Christina B. Whitman, Sallyanne Payton
Articles
Very few foreign visitors have been allowed an opportunity to observe legal proceedings in the People's Republic of China. We were included in the first American group ever favored with a professional exchange legal tour. During the month of May 1977, we spent three weeks in China with a group of Black American judges and lawyers, headed by the Hon. George C. Crockett, Jr., Judge of the Recorder's Court of Detroit. Since we ourselves would be skeptical of the claim of a visitor to the United States who purported to have "studied" the American legal process during the course of …
Reference Of Juvenile Offenders For Adult Prosecution: The Legislative Alternative To Asking Unanswerable Questions, Barry C. Feld
Reference Of Juvenile Offenders For Adult Prosecution: The Legislative Alternative To Asking Unanswerable Questions, Barry C. Feld
Articles
DRAWING ON SOCIAL SCIENCE RESEARCH AND EMPIRICAL EVALUATIONS OF JUDICIAL WAIVER ADMINISTRATION IN MINNESOTA AND ELSEWHERE, IT IS ARGUED THAT JUDICIAL WAIVER STATUTES REQUIRE JUVENILE COURTS TO MAKE INDIVIDUALIZED DETERMINATIONS AS TO A YOUTH'S AMENABILITY TO TREATMENT AND THE DANGER TO SOCIETY POSED BY THE YOUTH'S RETENTION WITHIN THE JUVENILE SYSTEM THAT, USING CURRENT METHODS OF CLINICAL PREDICTION, SIMPLY CANNOT BE MADE WITH AN ACCEPTABLE DEGREE OF ACCURACY. HOWEVER, IT IS BELIEVED THAT ACTUARIAL METHODS BASED ON PRESENT OFFENSE AND PAST RECORD CAN BE USED TO IDENTIFY IN ROUGH TERMS THOSE JUVENILES LIKELY TO RECIDIVATE AND, ACCORDINGLY, POSE A THREAT …
In Pursuit Of Excellence -- A History Of The University Of Minnesota Law School, Part Ii: The Vance Years -- A Time Of Ascendancy, Robert Stein
Articles
The first article in this series described the first two decades of the University of Minnesota Law School as a period marked by an accommodating and cautious regime.' The next decade, in contrast, was marked by a demanding and ambitious administration whose reforms altered the face of the school at a pace that remains unparalleled in the history of the institution. The first dean, William S. Pattee, had provided a firm foundation for legal education at the University but had sometimes compromised the quality of his vision because of the exigencies of the moment.