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Full-Text Articles in Law

Redefining The Antitrust Labor Exemption, Daniel J. Gifford Jan 1988

Redefining The Antitrust Labor Exemption, Daniel J. Gifford

Articles

Congress urgently needs to reformulate the antitrust labor exemption. Courts and legal scholars alike 1 have largely neglected the legal significance of the impact of industry-wide collective bargaining on price-output decisions in concentrated industries. They have, moreover, attended even less to the skewing tendencies produced by the almost universally practiced seniority system on labor union bargaining strategies.


The Right To Life During Armed Conflict: Disabled Peoples' International V. United States, David Weissbrodt, Beth Andrus Jan 1988

The Right To Life During Armed Conflict: Disabled Peoples' International V. United States, David Weissbrodt, Beth Andrus

Articles

Because of persecution, civil war, and economic despair, millions of people flee from their homes and go to live in other countries where they can stabilize their lives and find a safe place for themselves and their families. In 1998, the United Nations High Commissioner for Refugees estimated the number of people fleeing their home countries to exceed 22 million. 1 The right to seek and enjoy asylum is a well established principle in international law. 2 It has, however, been interpreted consistently as the right of the sovereign state to grant or deny asylum to those within its territory, …


A Return To Fourth Amendment Basics: Undoing The Mischief Of Camara And Terry, Scott E. Sundby Jan 1988

A Return To Fourth Amendment Basics: Undoing The Mischief Of Camara And Terry, Scott E. Sundby

Articles

No abstract provided.


Marine Archaeology And The International Law Of The Sea, Bernard H. Oxman Jan 1988

Marine Archaeology And The International Law Of The Sea, Bernard H. Oxman

Articles

No abstract provided.


Empirical Studies In Civil Procedure: A Selected Annotated Bibliography, Michael G. Chiorazzi, Barbara A. Baccari, Karen R. Cashion, Christopher R. Hart, Donald M. Nielsen, Charles M. North, William T. O'Neil Jan 1988

Empirical Studies In Civil Procedure: A Selected Annotated Bibliography, Michael G. Chiorazzi, Barbara A. Baccari, Karen R. Cashion, Christopher R. Hart, Donald M. Nielsen, Charles M. North, William T. O'Neil

Articles

No abstract provided.


The Low-Income Housing Tax Credit: A Poor Solution To The Housing Crisis, Janet Stearns Jan 1988

The Low-Income Housing Tax Credit: A Poor Solution To The Housing Crisis, Janet Stearns

Articles

No abstract provided.


Psychiatric And Chemical Dependency Treatment Of Minors: The Myth Of Voluntary Treatment And The Capacity To Consent, Beverly Balos, Ira Schwartz Jan 1988

Psychiatric And Chemical Dependency Treatment Of Minors: The Myth Of Voluntary Treatment And The Capacity To Consent, Beverly Balos, Ira Schwartz

Articles

No abstract provided.


Law And Enchantment: The Place Of Belief, Joseph Vining Dec 1987

Law And Enchantment: The Place Of Belief, Joseph Vining

Articles

The question I wish to raise is whether one must believe what one says when one makes a statement of law. The language of belief that we know, and from which moral discourse and the moral never stray far: do judges, lawyers, law participate in it? Any such question is but an aspect of a larger question, indeed issue, of what we may call the objectivity of legal language. It is raised perhaps most acutely by the broad claims now being made for artificial intelligence and in particular for the computer programming of legal advice (as a species of what …


Proprietary Rights And The Norms Of Science In Biotechnology Research, Rebecca S. Eisenberg Dec 1987

Proprietary Rights And The Norms Of Science In Biotechnology Research, Rebecca S. Eisenberg

Articles

As basic research in biotechnology yields increasing commercial applications, scientists and their research sponsors have become more eager to protect the commercial value of research discoveries through intellectual property law. Some scientists fear that these commercial incentives will weaken or even undermine the norms that have traditionally governed scientific research. In this Article, Professor Eisenberg examines the interaction of proprietary rights in inventions with these traditional scientific norms. Trade secrecy, she argues, is an undesirable strategy for protection of basic research discoveries because it impedes dissemination of new knowledge to the scientific community. She finds that patent law is in …


'Comparative Reprehensibility' And The Fourth Amendment Exclusionary Rule, Yale Kamisar Oct 1987

'Comparative Reprehensibility' And The Fourth Amendment Exclusionary Rule, Yale Kamisar

Articles

It is not . . . easy to see what the shock-the-conscience test adds, or should be allowed to add, to the deterrent function of exclusionary rules. Where no deterrence of unconstitutional police behavior is possible, a decision to exclude probative evidence with the result that a criminal goes free to prey upon the public should shock the judicial conscience even more than admitting the evidence. So spoke Judge Robert H. Bork, concurring in a ruling that the fourth amendment exclusionary rule does not apply to foreign searches conducted exclusively by foreign officials. A short time thereafter, when an interviewer …


The Humane And Just Alternative For Canada, James C. Hathaway Sep 1987

The Humane And Just Alternative For Canada, James C. Hathaway

Articles

The essence of C-55 ignores the admonition of the Standing Committee that we must be "knowledgeable and sensitive to human rights issues rather than immigration issues. The determination decision is not an immigration matter but instead a decision as to who are Convention refugees in need of Canada's protection." In stark contrast, immigration authorities have spoken of the importance of refugee law reform as a means of "enabling us to continue our strategy of controlled growth in immigration to Canada." By speaking of refugees in the same breath as immigration policy, the department has effectively confused the privilege of immigration …


John W. Reed And The High Style, Theodore J. St. Antoine Jun 1987

John W. Reed And The High Style, Theodore J. St. Antoine

Articles

John Reed is the Fred Astaire of the law school world. That doesn't mean John would win prizes for his waltzing and tangoing; the kinship runs much deeper. There is the same purity of line in gesture and speech, the same trimness of content and grace of expression, and the same ineffable talent for brightening up a scene just by entering it.


The Tax Reform Act Of 1986: A Response To Professor Yorio And His Vision Of The Future Of The Internal Revenue Code, Edward A. Zelinsky May 1987

The Tax Reform Act Of 1986: A Response To Professor Yorio And His Vision Of The Future Of The Internal Revenue Code, Edward A. Zelinsky

Articles

No abstract provided.


A Primer On The Sale Of Corporate Control (Reviewing David Cowan Bayne, The Philosophy Of Corporate Control: A Treatise On The Law Of Fiduciary Duty (1986)), Saul Levmore Apr 1987

A Primer On The Sale Of Corporate Control (Reviewing David Cowan Bayne, The Philosophy Of Corporate Control: A Treatise On The Law Of Fiduciary Duty (1986)), Saul Levmore

Articles

No abstract provided.


Successor Liability In Bankruptcy: Some Unifying Themes Of Intertemporal Creditor Priorities Created By Running Covenants, Products Liability, And Toxic-Waste Cleanup, David G. Carlson Apr 1987

Successor Liability In Bankruptcy: Some Unifying Themes Of Intertemporal Creditor Priorities Created By Running Covenants, Products Liability, And Toxic-Waste Cleanup, David G. Carlson

Articles

No abstract provided.


The Deductibility Of State And Local Taxes: Income Measurement, Tax Expenditures And Partial, Functional Deductibility, Edward A. Zelinsky Apr 1987

The Deductibility Of State And Local Taxes: Income Measurement, Tax Expenditures And Partial, Functional Deductibility, Edward A. Zelinsky

Articles

No abstract provided.


The American Advantage: The Value Of Inefficient Litigation, Samuel R. Gross Feb 1987

The American Advantage: The Value Of Inefficient Litigation, Samuel R. Gross

Articles

In a recent article, The German Advantage in Civil Procedure,1 Professor John Langbein claims that the German system of civil litigation is superior to the American; in an earlier article he makes a parallel claim about German criminal procedure.2 Roughly, Professor Langbein argues that by comparison to the German process, American litigation is overly complex, expensive, slow, and unpredictable - in short, inefficient.3 Professor Langbein is not the first and will not be the last to criticize American legal institutions in these terms, but he expresses this criticism particularly well: he is concise and concrete, he describes American practice by …


How To Argue About Health Care, Don Herzog Feb 1987

How To Argue About Health Care, Don Herzog

Articles

Despite the aggressive title of this article, my goals are modest. I begin by explaining briefly what should at any rate be obvious: that health care policies inescapably raise moral and political difficulties, difficulties that no technical fix could resolve. I move on to puzzle over the connections between some of the more abstract issues of moral and political theory and medical policy: here I urge that we develop a more sustained taste for exploring the moral conflicts embedded in our current practices. Finally, I suggest a strategy for making nitty-gritty facts-from the concrete world of third-party payment, expensive technology, …


Federalism And Conspiracy: Is Governmentally Compelled Conduct Per Se Lawful Under Section 1 Of The Sherman Act?, Mark Anderson Jan 1987

Federalism And Conspiracy: Is Governmentally Compelled Conduct Per Se Lawful Under Section 1 Of The Sherman Act?, Mark Anderson

Articles

No abstract provided.


The Burger Court And The Political Process: Whose First Amendment?, Geoffrey R. Stone Jan 1987

The Burger Court And The Political Process: Whose First Amendment?, Geoffrey R. Stone

Articles

No abstract provided.


Beyond The Rule Of Law: Civic Virtue And Constitutional Structure, Richard A. Epstein Jan 1987

Beyond The Rule Of Law: Civic Virtue And Constitutional Structure, Richard A. Epstein

Articles

No abstract provided.


Wilder V. Bernstein: Squeeze Play By Consent Decree, Richard A. Epstein Jan 1987

Wilder V. Bernstein: Squeeze Play By Consent Decree, Richard A. Epstein

Articles

No abstract provided.


The Proper Scope Of The Commerce Power, Richard A. Epstein Jan 1987

The Proper Scope Of The Commerce Power, Richard A. Epstein

Articles

No abstract provided.


Comment On 'After The Imperial Presidency', Philip B. Kurland Jan 1987

Comment On 'After The Imperial Presidency', Philip B. Kurland

Articles

No abstract provided.


Beyond Reliance: Promissory Estoppel, Contract Formalities, And Misrepresentations, Randy E. Barnett, Mary E. Becker Jan 1987

Beyond Reliance: Promissory Estoppel, Contract Formalities, And Misrepresentations, Randy E. Barnett, Mary E. Becker

Articles

No abstract provided.


Municipal Liability Under 1983: A Legal And Economic Analysis, Larry B. Kramer, Alan O. Sykes Jan 1987

Municipal Liability Under 1983: A Legal And Economic Analysis, Larry B. Kramer, Alan O. Sykes

Articles

No abstract provided.


Redesigning The Spouse's Forced Share, John H. Langbein, Lawrence W. Waggoner Jan 1987

Redesigning The Spouse's Forced Share, John H. Langbein, Lawrence W. Waggoner

Articles

This article discusses the history of the forced share, the justifications for it, and the uneven fit between the rule and the objectives, then proposes a new approach that would meet the objectives.


The Constitution In The Supreme Court: Civil Rights And Liberties, 1930-1941, David P. Currie Jan 1987

The Constitution In The Supreme Court: Civil Rights And Liberties, 1930-1941, David P. Currie

Articles

This is the latest in Professor Currie's continuing series on the historical development of constitutional doctrine. In this article Professor Currie surveys the major decisions of the Supreme Court between 1930 and 1941 in the area of criminal procedure, civil rights and civil liberties. In the area of criminal procedure, Professor Currie concludes that in deciding what procedures were required or forbidden by due process, historical inquiry was displaced by a fundamental-rights test. In the area of civil liberties, Professor Currie concludes that the Court made modest progress. Finally, Professor Currie concludes that the Court's most important civil liberties work …


The Positive Role Of Tax Law In Corporate And Capital Markets, Saul Levmore Jan 1987

The Positive Role Of Tax Law In Corporate And Capital Markets, Saul Levmore

Articles

No abstract provided.


The Decline Of Law As An Autonomous Discipline: 1962-1987, Richard A. Posner Jan 1987

The Decline Of Law As An Autonomous Discipline: 1962-1987, Richard A. Posner

Articles

No abstract provided.