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Full-Text Articles in Law

Lawyers And Informal Justice: The Case Of A Public Housing Eviction Board, Richard O. Lempert, Karl Monsma Sep 1988

Lawyers And Informal Justice: The Case Of A Public Housing Eviction Board, Richard O. Lempert, Karl Monsma

Articles

When lawyers think of civil procedure they almost invariably think of the rules of civil procedure and the formality they entail. A course in civil procedure focusing almost exclusively on the Federal Rules of Civil Procedure is in most law schools part of the traditional first-year curriculum. Indeed some would argue that it is at the core of that curriculum, for more than any other first-year course it takes students away from familiar moral anchors and instructs them in a set of distinctively legal practices and values. The ability to manipulate the legal system's rules of procedure is the most …


The Continuity Of Legislatures: Of Contracts And The Contracts Clause, Stewart E. Sterk May 1988

The Continuity Of Legislatures: Of Contracts And The Contracts Clause, Stewart E. Sterk

Articles

Legislatures change constantly. Each election brings new legislators and removes old ones. Those who remain are nevertheless affected by the changes in composition, and by other changes wrought by the passage of time. These changes in composition and changes in external stimuli inevitably produce pressure for changes in policy. And in a democratic system, legislatures are generally free to reverse or modify the policies of their predecessors.


Terrorism On The High Seas: The Achille Lauro, Piracy And The Imo Convention On Maritime Safety, Malvina Halberstam Apr 1988

Terrorism On The High Seas: The Achille Lauro, Piracy And The Imo Convention On Maritime Safety, Malvina Halberstam

Articles

No abstract provided.


Feminism Unmodified, Cass R. Sunstein Feb 1988

Feminism Unmodified, Cass R. Sunstein

Articles

No abstract provided.


Jurisprudential Responses To Legal Realism, Richard A. Posner Jan 1988

Jurisprudential Responses To Legal Realism, Richard A. Posner

Articles

No abstract provided.


The Mistakes Of 1937, Richard A. Epstein Jan 1988

The Mistakes Of 1937, Richard A. Epstein

Articles

No abstract provided.


Aids, Testing And The Workplace, Richard A. Epstein Jan 1988

Aids, Testing And The Workplace, Richard A. Epstein

Articles

No abstract provided.


On Reading The Constitution, Michael W. Mcconnell Jan 1988

On Reading The Constitution, Michael W. Mcconnell

Articles

No abstract provided.


United They Stand Divided They Fall: Public Choice Theory And The Tax Code, Julie Roin Jan 1988

United They Stand Divided They Fall: Public Choice Theory And The Tax Code, Julie Roin

Articles

No abstract provided.


The Law Of Easements And Licenses In Land, Richard H. Helmholz Jan 1988

The Law Of Easements And Licenses In Land, Richard H. Helmholz

Articles

No abstract provided.


Model Penal Code Conference Transcript: Discussion Five, Albert Alschuler Jan 1988

Model Penal Code Conference Transcript: Discussion Five, Albert Alschuler

Articles

No abstract provided.


A Moral Realist Defense Of Constitutional Democracy, Michael W. Mcconnell Jan 1988

A Moral Realist Defense Of Constitutional Democracy, Michael W. Mcconnell

Articles

No abstract provided.


Legality, Activism, And The Patronage Case, David A. Strauss Jan 1988

Legality, Activism, And The Patronage Case, David A. Strauss

Articles

No abstract provided.


Bargaining After The Fall And The Contours Of The Absolute Priority Rule, Douglas G. Baird, Thomas H. Jackson Jan 1988

Bargaining After The Fall And The Contours Of The Absolute Priority Rule, Douglas G. Baird, Thomas H. Jackson

Articles

No abstract provided.


Stability And Reliability In Judicial Decisions, Frank H. Easterbrook Jan 1988

Stability And Reliability In Judicial Decisions, Frank H. Easterbrook

Articles

No abstract provided.


The Jurisprudence Of Skepticism, Richard A. Posner Jan 1988

The Jurisprudence Of Skepticism, Richard A. Posner

Articles

No abstract provided.


Contract Rights And Property Rights: A Case Study In The Relationship Between Individual Liberties And Constitutional Structure, Michael W. Mcconnell Jan 1988

Contract Rights And Property Rights: A Case Study In The Relationship Between Individual Liberties And Constitutional Structure, Michael W. Mcconnell

Articles

In this Essay, Professor McConnell argues that constitutional interpretation should extend beyond the substantive principles expressed in the Constitution to the structural and institutional choices of the Framers. As an example, he explores possible explanations for the disparate treatment the Constitution accords to property and contract rights. Despite the Founders' general commitment to the preservation of private contract and property rights, the contracts clause, by its terms, applies only to state governments, while the just compensation clause applies solely to the federal government. Part I of the Essay summarizes the textual problem posed by the contracts and just compensation clauses. …


Book Review (Reviewing Eskridge, William N., J., Cases And Materials On Legislation: Statutes And The Creation Of Public Policy (1988)), Richard A. Posner Jan 1988

Book Review (Reviewing Eskridge, William N., J., Cases And Materials On Legislation: Statutes And The Creation Of Public Policy (1988)), Richard A. Posner

Articles

No abstract provided.


Blackmail, Ronald H. Coase Jan 1988

Blackmail, Ronald H. Coase

Articles

No abstract provided.


The Constitution Of Business, Frank H. Easterbrook Jan 1988

The Constitution Of Business, Frank H. Easterbrook

Articles

No abstract provided.


The Role Of Original Intent In Statutory Construction, Frank H. Easterbrook Jan 1988

The Role Of Original Intent In Statutory Construction, Frank H. Easterbrook

Articles

No abstract provided.


Modern Republicanism--Or The Flight From Substance, Richard A. Epstein Jan 1988

Modern Republicanism--Or The Flight From Substance, Richard A. Epstein

Articles

No abstract provided.


Foreword: Unconstitutional Conditions, State Power, And The Limits Of Consent, Richard A. Epstein Jan 1988

Foreword: Unconstitutional Conditions, State Power, And The Limits Of Consent, Richard A. Epstein

Articles

No abstract provided.


The Unintended Revolution In Product Liability Law, Richard A. Epstein Jan 1988

The Unintended Revolution In Product Liability Law, Richard A. Epstein

Articles

No abstract provided.


The Ubiquity Of Prophylactic Rules, David A. Strauss Jan 1988

The Ubiquity Of Prophylactic Rules, David A. Strauss

Articles

No abstract provided.


Walter Blum Tributes, Joseph Isenbergh Jan 1988

Walter Blum Tributes, Joseph Isenbergh

Articles

No abstract provided.


Strategic Delays And Fiduciary Duties, Saul Levmore Jan 1988

Strategic Delays And Fiduciary Duties, Saul Levmore

Articles

No abstract provided.


In Defense Of The Regulation Of Insider Trading, Saul Levmore Jan 1988

In Defense Of The Regulation Of Insider Trading, Saul Levmore

Articles

No abstract provided.


Recharacterizations And The Nature Of Theory In Corporate Tax Law, Saul Levmore Jan 1988

Recharacterizations And The Nature Of Theory In Corporate Tax Law, Saul Levmore

Articles

No abstract provided.


The Insignificance Of Macroeconomics In Patent Antitrust Law: A Comment On Millstein, Richard A. Posner Jan 1988

The Insignificance Of Macroeconomics In Patent Antitrust Law: A Comment On Millstein, Richard A. Posner

Articles

No abstract provided.