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Articles 9451 - 9480 of 11528
Full-Text Articles in Law
Judicial Review Of Administrative Action In A Conservative Era, Cass R. Sunstein, Alan B. Morrison, Kenneth W. Starr, Richard K. Willard
Judicial Review Of Administrative Action In A Conservative Era, Cass R. Sunstein, Alan B. Morrison, Kenneth W. Starr, Richard K. Willard
Articles
No abstract provided.
Lochner's Misunderstood Legacy, Cass R. Sunstein
Lochner's Legacy, Cass R. Sunstein
The Beard Thesis And Franklin Roosevelt, Cass R. Sunstein
The Beard Thesis And Franklin Roosevelt, Cass R. Sunstein
Articles
No abstract provided.
Bork: The Transformation Of A Conservative Constitutionalist, Philip B. Kurland
Bork: The Transformation Of A Conservative Constitutionalist, Philip B. Kurland
Articles
No abstract provided.
Comment On Schlesinger, The Constitution And Presidential Leadership, Philip B. Kurland
Comment On Schlesinger, The Constitution And Presidential Leadership, Philip B. Kurland
Articles
No abstract provided.
Judicial Review Revisited: Original Intent And The Common Will, Philip B. Kurland
Judicial Review Revisited: Original Intent And The Common Will, Philip B. Kurland
Articles
No abstract provided.
Religion And The Constitution: Eternal Hostility Against Every Form Of Tyranny Over The Mind Of Man Address, Philip B. Kurland
Religion And The Constitution: Eternal Hostility Against Every Form Of Tyranny Over The Mind Of Man Address, Philip B. Kurland
Articles
No abstract provided.
The Constitution: The Framers' Intent, The Present And The Future, Philip B. Kurland
The Constitution: The Framers' Intent, The Present And The Future, Philip B. Kurland
Articles
No abstract provided.
A Jury Hoax: The Superpower Of The Opening Statement, Hans Zeisel
A Jury Hoax: The Superpower Of The Opening Statement, Hans Zeisel
Articles
No abstract provided.
Affirmative Peremptory Juror Selection, Hans Zeisel
Changing Conceptions Of Administration, Cass R. Sunstein
Changing Conceptions Of Administration, Cass R. Sunstein
Articles
No abstract provided.
From Billy Budd To Buchenwald (Reviewing Weisberg, Richard H., The Failure Of The Word: The Protagonist As Lawyer In Modern Fiction (1984)), Richard A. Posner
From Billy Budd To Buchenwald (Reviewing Weisberg, Richard H., The Failure Of The Word: The Protagonist As Lawyer In Modern Fiction (1984)), Richard A. Posner
Articles
No abstract provided.
The Risks Of Risk/Utility, Richard A. Epstein
Commentary, The Federal Courts In The Next 100 Years, Paul M. Bator
Commentary, The Federal Courts In The Next 100 Years, Paul M. Bator
Articles
No abstract provided.
Commentaries (Symposium: The Federal Courts; The Next 100 Years), Paul M. Bator
Commentaries (Symposium: The Federal Courts; The Next 100 Years), Paul M. Bator
Articles
No abstract provided.
Promissory Estoppel Damages, Mary E. Becker
The First Amendment Applied To Broadcasting: A Few Misgivings, Paul M. Bator
The First Amendment Applied To Broadcasting: A Few Misgivings, Paul M. Bator
Articles
No abstract provided.
The Contractual Duty Of Competent Representation, James D. Holzhauer
The Contractual Duty Of Competent Representation, James D. Holzhauer
Articles
No abstract provided.
Municipal Liablility Under Sec. 1983: A Legal And Economic Analysis, Larry B. Kramer, Alan O. Sykes
Municipal Liablility Under Sec. 1983: A Legal And Economic Analysis, Larry B. Kramer, Alan O. Sykes
Articles
No abstract provided.
The Boundaries Of Vicarious Liability: An Economic Analysis Of The Scope Of Employment Rule And Related Legal Doctrines, Alan O. Sykes
The Boundaries Of Vicarious Liability: An Economic Analysis Of The Scope Of Employment Rule And Related Legal Doctrines, Alan O. Sykes
Articles
No abstract provided.
A Research Guide To The Law Of Private Sector Labor-Management Relations, Laura J. Cooper
A Research Guide To The Law Of Private Sector Labor-Management Relations, Laura J. Cooper
Articles
The law of private sector labor management relations involves a technical subject matter and is further complicated by sometimes obscure jurisdictional standards. Researching the area is done most effectively using commercially published looseleaf services. Professor Cooper's guide explores the differences between the two major services, discusses other primary and secondary sources for labor law research and offers a research strategy for labor issues.
The Separation Of Powers Doctrine And The Regulatory Agencies After Bowsher V. Synar, Daniel J. Gifford
The Separation Of Powers Doctrine And The Regulatory Agencies After Bowsher V. Synar, Daniel J. Gifford
Articles
Bowsher v. Synar is the latest in a series of recent cases in which the Supreme Court has elaborated upon and applied the separation of powers doctrine. The Court has cast many of these decisions in wooden, overly conceptual terms, exposing the Court to criticism that it has imposed an elaborately refined organizational framework upon the federal government going vastly beyond the pragmatic intention of the Framers. Despite the inadequacy of the Court's reasoning, however, this Article contends that, overall, the Court's recent decisions possess an underlying merit: They contain the foundation upon which a new and coherent understanding of …
The Juvenile Court Meets The Principle Of The Offense: Legislative Changes In Juvenile Waiver Statutes, Barry C. Feld
The Juvenile Court Meets The Principle Of The Offense: Legislative Changes In Juvenile Waiver Statutes, Barry C. Feld
Articles
At its inception the juvenile court was characterized by procedural informality and individualized, offender-oriented dispositions. Subsequent to the U.S. Supreme Court's 'Gault' decision, which mandated procedural safeguards in the adjudication of delinquency, juvenile court procedures became more formal in the interest of protecting the rights of juveniles, but individualized, offender-oriented dispositions were preserved. The inability of proponents of juvenile rehabilitation to demonstrate the effectiveness of parens patriae intervention, however, has led an increasing number of States to incorporate 'just deserts' sentencing principles in their juvenile justice systems. This emphasis is evidenced in the waiver of juvenile offenders for criminal prosecution …
Medicine And Law: Making Excellent Time But Lost, Judith T. Younger
Medicine And Law: Making Excellent Time But Lost, Judith T. Younger
Articles
No abstract provided.
John W. Reed And The High Style, Theodore J. St. Antoine
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. John certainly brightened up the law school days for this former student, a generation or so ago. We jaded upperclass people actually looked forward to John's Evidence classes, and he seldom if ever let us down. The sessions …
Guerilla Decisionmaking: Judicial Review Of Risk Assessments, William H. Rodgers, Jr.
Guerilla Decisionmaking: Judicial Review Of Risk Assessments, William H. Rodgers, Jr.
Articles
This paper describes four types of uncertainty confronted by decisionmakers undertaking risk assessments. It then discusses individual and institutional responses to uncertainty; these include both formal attempts to acquire more information, and pragmatic efforts to isolate and act upon salient considerations. The tendency of decisionmakers to narrow the agenda and search for a decisive datum or metaphor is called guerilla decisionmaking. Courts oversee agency decisions by techniques known widely in the legal community as the hard-look doctrine. This doctrine is defined, and the case law is used to illustrate how courts insist upon identification of salient risk-assessment factors and the …
The Varieties Of Numerical Remedies, Eric Schnapper
The Varieties Of Numerical Remedies, Eric Schnapper
Articles
This article seeks to provide a coherent account of why the federal courts have used numerical remedies and an analysis of the types of cases in which they should do so.
Part I describes the evolution of court ordered numerical remedies in Title VII and other employment cases and discusses the appellate courts' failure to establish any clear standards for adopting and framing such remedies. Part II argues that this lack of a coherent set of standards is due to a failure to recognize that the lower courts have been utilizing numerical remedies in six quite distinct types of cases, …
A Book Review—Or What You Never Wanted To Know About Bibliographies, Penny A. Hazelton
A Book Review—Or What You Never Wanted To Know About Bibliographies, Penny A. Hazelton
Articles
Reviewing Joe Stephens, Law, Natural Resources, and Land Use: The Environmental Collection of the Paul L. Boley Law Library (1986).
Mass And Repetitive Litigation In The Federal Courts, Edward H. Cooper
Mass And Repetitive Litigation In The Federal Courts, Edward H. Cooper
Articles
The topic of "Mass and Repetitive Litigation in the Federal Courts" is even more vast and unwieldy than the complex litigations it brings to mind. The implicit assignment to address the topic by contemplating the events that may occur over the next century is still more daunting. One hundred years bring untellable changes to all of our social and political institutions, judicial and otherwise. Rather than attempt to meet the challenge by uttering bold prophecies of the circumstances that will confront our successors of the future, I will follow an easier course. This paper will select a few illustrations of …