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Articles 10231 - 10260 of 11521
Full-Text Articles in Law
The Preparations For The Law Of The Sea Conference, John R. Stevenson, Bernard Oxman
The Preparations For The Law Of The Sea Conference, John R. Stevenson, Bernard Oxman
Articles
No abstract provided.
Mentioning Expressions, Susan Haack
Judicial Review In Latin America, Keith S. Rosenn
Formalizing Hohfeldian Analysis To Clarify The Multiple Senses Of 'Legal Right': A Powerful Lens For The Electronic Age, Layman E. Allen
Formalizing Hohfeldian Analysis To Clarify The Multiple Senses Of 'Legal Right': A Powerful Lens For The Electronic Age, Layman E. Allen
Articles
Careful communication is frequently of central importance in law. The language used to communicate even with oneself in private thought profoundly influences the quality of that effort; but when one attempts to transmit an idea to another, language assumes even greater significance because of the possibilities for enormously distorting the idea. Word skill is to be prized.
Queries 'N Theories: An Instructional Game On The Dot, Dot, Dot... Approach To Scientific Method, Layman E. Allen
Queries 'N Theories: An Instructional Game On The Dot, Dot, Dot... Approach To Scientific Method, Layman E. Allen
Articles
QUERIES 'N THEORIES provides a parallel to the strong inference approach to scientific method - designing experiments, observing data, and theorizing. The reiter- ated use of the DOT approach (Design, Observe, Theorize) in the problem-solving required by the game mirrors the regular, systematic application of strong inference in some areas of science (e.g., high energy physics and molecular biology) that have moved ahead much more rapidly than others. Moreover, the game embodies and provides practice in two aspects of scientific theorizing and designing which John Platt has pointed out as central to scientific advance: (1) the usefulness of multiple hypotheses …
Attempts And Monopolization: A Mildly Expansionary Answer To The Prophylactic Riddle Of Section Two, Edward H. Cooper
Attempts And Monopolization: A Mildly Expansionary Answer To The Prophylactic Riddle Of Section Two, Edward H. Cooper
Articles
The efforts of activist antitrust lawyers to redefine the contours of attempted monopolization under section 2 of the Sherman Act1 have again forced the courts to wrestle with the classic antitrust dilemma: How far must single-firm competitive behavior be restrained to make competition free? The answer given by the majority of current decisions is that, absent some other established offense, single-firm behavior should be prohibited as an attempt to monopolize only when there is a specific intent to monopolize and the firm has come dangerously near to unlawful monopolization. A contemporary challenge to this orthodox answer is rapidly gaining force. …
A Reflection Upon Amnesty / The Case For Alternative Service: A Reply To Professor Sax, Douglas A. Kahn
A Reflection Upon Amnesty / The Case For Alternative Service: A Reply To Professor Sax, Douglas A. Kahn
Articles
Professor Sax advocates that unconditional amnesty should be granted to Vietnam draft evaders and deserters, and he contends that the condition of alternative service imposed by President Ford, while superficially attractive to some, is unsupported by an acceptable rationale. While I harbor misgivings concerning the grant of any type of amnesty for Vietnam evaders and deserters, I have concluded that amnesty should be given provided that it is conditioned on the performance of some service such as that required by President Ford's program. Obviously, this places me squarely at issue with Professor Sax, and I will attempt to detail the …
Book Review (Reviewing Charles Fairman, History Of The Supreme Court Of The United States: Reconstruction And Reunion, 1864-88, Part One (1971)), Gerhard Casper
Book Review (Reviewing Charles Fairman, History Of The Supreme Court Of The United States: Reconstruction And Reunion, 1864-88, Part One (1971)), Gerhard Casper
Articles
No abstract provided.
A Note On Trust Powers After Termination, Bernard D. Meltzer
A Note On Trust Powers After Termination, Bernard D. Meltzer
Articles
No abstract provided.
Transformation Of Marriage And The Law, Max Rheinstein
Two Models Of Legal Education, Gerhard Casper
Discussion In Schwartz, Torts Casebooks On Parade: The Authors Meet The Users, Harry Kalven Jr.
Discussion In Schwartz, Torts Casebooks On Parade: The Authors Meet The Users, Harry Kalven Jr.
Articles
No abstract provided.
Pleadings And Presumptions, Richard A. Epstein
Privileges Or Immunities Clause: Its Hour Come Round At Last, The Chapter 2, Philip B. Kurland
Privileges Or Immunities Clause: Its Hour Come Round At Last, The Chapter 2, Philip B. Kurland
Articles
No abstract provided.
The New Supreme Court, Philip B. Kurland
The Supreme Court, Compulsory Education, And The First Amendment's Religion Clauses, Philip B. Kurland
The Supreme Court, Compulsory Education, And The First Amendment's Religion Clauses, Philip B. Kurland
Articles
No abstract provided.
Ernst Freund And The First Amendment Tradition--Professor Ernst Freund And Debs V. United States, Harry Kalven Jr.
Ernst Freund And The First Amendment Tradition--Professor Ernst Freund And Debs V. United States, Harry Kalven Jr.
Articles
No abstract provided.
Professor Ernst Freund And Debs V. United States, Harry Kalven Jr.
Professor Ernst Freund And Debs V. United States, Harry Kalven Jr.
Articles
No abstract provided.
Toward A Science Of Impartial Judicial Behavior, Harry Kalven Jr.
Toward A Science Of Impartial Judicial Behavior, Harry Kalven Jr.
Articles
No abstract provided.
Strict Liability: A Comment, Richard A. Posner
Ceilings, Costs, And Compulsion In Auto Compensation Legislation, Walter J. Blum, Harry Kalven Jr.
Ceilings, Costs, And Compulsion In Auto Compensation Legislation, Walter J. Blum, Harry Kalven Jr.
Articles
No abstract provided.
Peaceful Repossession Under The Uniform Commercial Code: A Constitutional And Economic Analysis, Soia Mentschikoff
Peaceful Repossession Under The Uniform Commercial Code: A Constitutional And Economic Analysis, Soia Mentschikoff
Articles
No abstract provided.
A Theory Of Strict Liability, Richard A. Epstein
Judicial Caution And The Supreme Court's Labor Decisions, October Term 1971, Theodore J. St. Antoine
Judicial Caution And The Supreme Court's Labor Decisions, October Term 1971, Theodore J. St. Antoine
Articles
Labor law, like most other law in the making, is intensely political at its margins. On certain central themes, such as the right to join a union and freedom of contract, judges and administrators of widely varying outlooks may be able to reach a consensus. But along the frontiers of the law, no such accord can be expected. Conscientious decision-makers will inevitably differ with one another, depending on their diverse social values. They may even differ with their own prior positions, depending on shifts in the political climate. Moreover, if the decision-makers happen to be justices of the United States, …
The Abolition Of Self-Help Repossession: The Poor Pay Even More, James J. White
The Abolition Of Self-Help Repossession: The Poor Pay Even More, James J. White
Articles
In this paper I propose to identify possible ways in which a court could uphold the constitutionality of section 9-503 without an explicit rejection of Fuentes v. Shevin. It is my thesis that Fuentes v. Shevin is probably an undesirable outcome, and that the application of the same doctrine to self-help repossession is certainly undesirable and would constitute due process gone berserk. My arguments will not be novel; each has been suggested by the courts that have considered this matter, or by the briefs of the lawyers who have argued these cases. I cannot even claim to have collected the …
The Reincarnation Of The Death Penalty: Is It Possible?, Yale Kamisar
The Reincarnation Of The Death Penalty: Is It Possible?, Yale Kamisar
Articles
Fifty years ago Clarence Darrow, probably the greatest criminal defense lawyer in American history and a leading opponent of capital punishment, observed: The question of capital punishment has been the subject of endless discussion and will probably never be settled so long as men believe in punishment. Some states have abolished and then reinstated it; some have enjoyed capital punishment for long periods of time and finally prohibited the use of it. The reasons why it cannot be settled are plain. There is first of all no agreement as to the objects of punishment. Next there is no way to …
The States Versus Indian Off-Reservation Fishing: A United States Supreme Court Error, Ralph W. Johnson
The States Versus Indian Off-Reservation Fishing: A United States Supreme Court Error, Ralph W. Johnson
Articles
Pacific Northwest Indian tribes signed treaties with the United States in the mid-1850's which guaranteed them the permanent right to fish at their usual and accustomed fishing sites off the reservations. The Indians believe these treaties mean that those states which did not exist in 1855 have no power to regulate Indian off-reservation fishing under any circumstances. State officials, on the other hand, have consistently argued that Indian off-reservation fishing is subject to the same state regulation as non-Indian fishing. The United States Supreme Court has basically accepted the states' position, holding that states can regulate off-reservation fishing when "necessary …
The National Industrial Pollution Control Council: Advise Or Collude?, William H. Rodgers, Jr.
The National Industrial Pollution Control Council: Advise Or Collude?, William H. Rodgers, Jr.
Articles
This article analyzes three aspects of the National Industrial Pollution Countrol Coucil's performance: (1) the promise and risks it has presented; (2) its procedural performance, as tested by governing law; and (3) its accomplishments, both on the record and sub rosa, as measured by the expectations. In brief, NIPCC is portrayed as a dangerously anticompetitive institution occasionally doing business in violation of the law. The Council has published both public relations material and some useful data, but it has served more importantly as a lobbying forum for industries chafing under the regulatory bit. The experience of NIPCC forms the basis …
The Privileges And Immunities Clause: Its Hour Come Round At Last, Philip B. Kurland
The Privileges And Immunities Clause: Its Hour Come Round At Last, Philip B. Kurland
Articles
No abstract provided.
Courtroom Misconduct By Prosecutors And Trial Judges, Albert W. Alschuler
Courtroom Misconduct By Prosecutors And Trial Judges, Albert W. Alschuler
Articles
As courtroom disruption became a national issue in the late 1960's, public attention focused primarily on the conduct of the criminal defense attorney and his client. Professor Alschuler examines the courtroom misconduct of prosecutors and trial judges both as it relates to disruptive behavior by defendants and defense attorneys and as it poses a threat in its own right to the orderly administration of justice.