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Full-Text Articles in Law

The Depiction Of Law In The Bonfire Of The Vanities, Richard A. Posner Jan 1988

The Depiction Of Law In The Bonfire Of The Vanities, Richard A. Posner

Articles

No abstract provided.


Federal Reserve Board's Liberalization Of Restrictions On Ldc Debt-Equity Swaps, The Recent Development, Javier Rubinstein Jan 1988

Federal Reserve Board's Liberalization Of Restrictions On Ldc Debt-Equity Swaps, The Recent Development, Javier Rubinstein

Articles

No abstract provided.


A Passion For Justice, Geoffrey R. Stone Jan 1988

A Passion For Justice, Geoffrey R. Stone

Articles

No abstract provided.


Wally Tributes, Geoffrey R. Stone Jan 1988

Wally Tributes, Geoffrey R. Stone

Articles

No abstract provided.


Precedent, The Amendment Process, And Evolution In Constitutional Doctrine, Geoffrey R. Stone Jan 1988

Precedent, The Amendment Process, And Evolution In Constitutional Doctrine, Geoffrey R. Stone

Articles

No abstract provided.


The Constitution In The Supreme Court: 1946-1953, David P. Currie Jan 1988

The Constitution In The Supreme Court: 1946-1953, David P. Currie

Articles

No abstract provided.


Rent Control And The Theory Of Efficient Regulation, Richard A. Epstein Jan 1988

Rent Control And The Theory Of Efficient Regulation, Richard A. Epstein

Articles

No abstract provided.


Classical Legal Tradition, Richard A. Epstein Jan 1988

Classical Legal Tradition, Richard A. Epstein

Articles

No abstract provided.


Covenants And Constitutions, Richard A. Epstein Jan 1988

Covenants And Constitutions, Richard A. Epstein

Articles

No abstract provided.


Erisa's Fundamental Contradiction: The Exclusive Benefit Rule, John H. Langbein, Daniel R. Fischel Jan 1988

Erisa's Fundamental Contradiction: The Exclusive Benefit Rule, John H. Langbein, Daniel R. Fischel

Articles

No abstract provided.


Employment At Will: The French Experience As A Basis For Reform, Madeleine M. Plasencia Jan 1988

Employment At Will: The French Experience As A Basis For Reform, Madeleine M. Plasencia

Articles

Roughly one-quarter of the workers in the United States are represented by unions, leaving three-quarters subject to the vicissitudes of the employment-at-will doctrine.' At-will employees, as a general matter, lack protection against dismissal without cause.2 That is, an employer may dismiss an "at will" employee without notice, "for good reason, bad reason or no reason at all," so long as the proffered reasons for dismissal do not violate random whistle-blowing provisions or federal and state anti-discrimination statutes.' The mirror image of the employer's right to dismiss at will is the right of an employee who was hired to perform work …


Crime In The Stacks, Or A Tale Of A Text: A Feminist Response To A Criminal Law Textbook, Mary I. Coombs Jan 1988

Crime In The Stacks, Or A Tale Of A Text: A Feminist Response To A Criminal Law Textbook, Mary I. Coombs

Articles

No abstract provided.


Climbing The Most Dangerous Branch: Legisprudence And The New Legal Process (Book Review), A. Michael Froomkin Jan 1988

Climbing The Most Dangerous Branch: Legisprudence And The New Legal Process (Book Review), A. Michael Froomkin

Articles

No abstract provided.


Sexual Orientation And The Constitution: A Note On The Relationship Between Due Process And Equal Protection Essays, Cass R. Sunstein Jan 1988

Sexual Orientation And The Constitution: A Note On The Relationship Between Due Process And Equal Protection Essays, Cass R. Sunstein

Articles

No abstract provided.


Standing And The Privatization Of Public Law, Cass R. Sunstein Jan 1988

Standing And The Privatization Of Public Law, Cass R. Sunstein

Articles

No abstract provided.


Beyond The Republican Revival, Cass R. Sunstein Jan 1988

Beyond The Republican Revival, Cass R. Sunstein

Articles

In this Article, Professor Sunstein describes those aspects of republicanism that have the strongest claim to contemporary support, outlines the role of republican thought in the founding period, and explores some of the implications of republicanism for modern public law. Sunstein claims that the basic republican commitments involve (1) deliberation in government; (2) political equality; (3) universality, or agreement as a regulative ideal; and (4) citizenship. Professor Sunstein contends that all of these commitments played an important role during the founding period, generating a distinctive conception of governance. In his view, the common opposition between liberalism and republicanism is a …


Charles O. Gregory--An Appreciation From The Wings, Richard A. Epstein Jan 1988

Charles O. Gregory--An Appreciation From The Wings, Richard A. Epstein

Articles

No abstract provided.


Market And Regulatory Approaches To Medical Malpractice: The Virginia Obstetrical No-Fault Statute, Richard A. Epstein Jan 1988

Market And Regulatory Approaches To Medical Malpractice: The Virginia Obstetrical No-Fault Statute, Richard A. Epstein

Articles

No abstract provided.


Aids Testing In The Health Care Setting, James D. Holzhauer Jan 1988

Aids Testing In The Health Care Setting, James D. Holzhauer

Articles

No abstract provided.


Trashing The German Advantage, John H. Langbein Jan 1988

Trashing The German Advantage, John H. Langbein

Articles

No abstract provided.


The Twentieth-Century Revolution In Family Wealth Transmission, John H. Langbein Jan 1988

The Twentieth-Century Revolution In Family Wealth Transmission, John H. Langbein

Articles

No abstract provided.


The 39th Session Of The Un Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, Sonia Rosen, David Weissbrodt Jan 1988

The 39th Session Of The Un Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, Sonia Rosen, David Weissbrodt

Articles

The 39th session of the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities (Sub-Commission) was held from 10 August through 4 September 1987 in Geneva, Switzerland. The Sub-Commission, established in 1947 as a subsidiary body of the Commission on Human Rights (Commission), is composed of 26 experts who are elected by the Commission. The experts are elected in their individual capacities rather than as representatives of their governments. The Sub-Commission meets annually in August-September to undertake studies and make recom- mendations to the Commission on a wide range of human rights


Enforcement Of The Domestic Abuse Act In Minnesota: A Preliminary Study, Beverly Balos, Katie Trotzky Jan 1988

Enforcement Of The Domestic Abuse Act In Minnesota: A Preliminary Study, Beverly Balos, Katie Trotzky

Articles

The Minnesota Department of Corrections latest figures esti- mate that over 63,000 incidents of domestic battering occur each year in the state of Minnesota.1 Due to the inefficiencies and gaps in the reporting system, in Minnesota and across the United States, the true magnitude of the problem is difficult to document. Researchers have estimated, however, that over 1.7 million people in the United States have at some time faced a spouse with a gun or a knife, and that well over two million have experienced a beating by their spouse.2 Thus, while accurate documentation is difficult due to the severe …


Country-Related And Thematic Developments At The 1988 Session Of The U.N. Commission On Human Rights, David Weissbrodt Jan 1988

Country-Related And Thematic Developments At The 1988 Session Of The U.N. Commission On Human Rights, David Weissbrodt

Articles

The United Nations Commission on Human Rights is the principal and most important political organ of the United Nations concerned principally with human rights.1 ; The Commission meets for six weeks every year in February and March. This year, for example, it met from 1 February through 11 March 1988.2 The Commission is comprised of forty-three government represent- atives who are elected by the Economic and Social Council of the United Nations. The Economic and Social Council is, in turn, a subsidiary body of the United Nations General Assembly. When the UN Charter was written in 1945, the subject of …


Discovery In Labor Arbitration, Laura J. Cooper Jan 1988

Discovery In Labor Arbitration, Laura J. Cooper

Articles

The mere statement of the topic, discovery in labor arbitration, suggests a paradox. Is not the essence of the arbitration process an effort to avoid the procedural complexities that make litigation comparatively slow and costly? More than forty years ago, Learned Hand admonished a litigant distressed with the procedural failings of an arbitration proceeding:


The Role Of International Organizations In The Implementation Of Human Rights And Humanitarian Law In Situations Of Armed Conflict, David Weissbrodt Jan 1988

The Role Of International Organizations In The Implementation Of Human Rights And Humanitarian Law In Situations Of Armed Conflict, David Weissbrodt

Articles

No abstract provided.


Andrew M. Walkover: 1949-1988, Thomas A. Green Jan 1988

Andrew M. Walkover: 1949-1988, Thomas A. Green

Articles

I knew Andy Walkover best as a student. I met him first in my evidence class at the University of Michigan. He was the "sixties type" in the left rear corner who, especially at first, was too often absent but had the most interesting things to say when he came to class. I did not realize it at the time, but Andy was just beginning to discover his vocation. Andy was a rare law student. He was interested in many things, but he would not let others set the agenda for his interests; in particular, he would not let an …


Washington's New Quasi-Community Property Act: Protecting The Immigrant Spouse, Thomas R. Andrews Jan 1988

Washington's New Quasi-Community Property Act: Protecting The Immigrant Spouse, Thomas R. Andrews

Articles

In 1986, Washington followed the lead of several other community property jurisdictions by adopting quasi-community property legislation. The act is designed to prevent a spouse who has onerously acquired property during marriage while the couple resided in a common law state from disinheriting his or her surviving spouse as to that property after moving to Washington. It has significant implications not only for married couples contemplating a move to Washington, but also for those who have moved to Washington from common law jurisdictions in the past. This article explains why the risk of disinheritance arises, describes the provisions of Washington's …


Becket At The Bar--The Conflicting Obligations Of The Solicitor General, Eric Schnapper Jan 1988

Becket At The Bar--The Conflicting Obligations Of The Solicitor General, Eric Schnapper

Articles

This Article suggests that the Solicitor General has five quite distinct responsibilities: to provide the Supreme Court with accurate and balanced information, to help to shape the Court's docket, to assure that the government's presentations maintain a high level of professionalism, to frame government positions which strike an appropriate balance between justice and advocacy, and to identify the interests and policies of the government client whom he represents. These responsibilities at times place the Solicitor General under conflicting obligations, not merely conflicts between his or her duties to the Court and to the administration, but conflicts in the Solicitor General's …


The Decline Of The Contract Market Damage Model, James J. White Jan 1988

The Decline Of The Contract Market Damage Model, James J. White

Articles

In law school every American lawyer learns that the conventional measure of damages for breach of a sales contract is the difference between the contract price and the market price. Even before these rules were embodied in the Uniform Sales Act and the Uniform Commercial Code (UCC), they were a staple of Anglo-American common law. They remain the rules with which a court would determine damage liability not only for the sale of goods, but also for the sale of real estate and securities.