Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (642)
- Courts (526)
- Supreme Court of the United States (487)
- Law and Society (479)
- Legislation (441)
-
- Tax Law (434)
- Legal Education (405)
- Criminal Procedure (383)
- Comparative and Foreign Law (360)
- Criminal Law (348)
- International Law (346)
- State and Local Government Law (345)
- Legal Profession (318)
- Intellectual Property Law (313)
- Jurisprudence (302)
- Legal History (302)
- Civil Rights and Discrimination (301)
- Law and Race (277)
- Administrative Law (274)
- Business Organizations Law (268)
- Labor and Employment Law (250)
- Evidence (243)
- Torts (241)
- Health Law and Policy (237)
- Environmental Law (232)
- Science and Technology Law (215)
- Legal Writing and Research (211)
- Litigation (211)
- Law and Economics (208)
- Institution
-
- University of Chicago Law School (3458)
- University of Michigan Law School (2923)
- University of Miami Law School (1306)
- Yeshiva University, Cardozo School of Law (1105)
- University of Minnesota Law School (1050)
-
- University of Washington School of Law (921)
- UIdaho Law (426)
- Mercer University School of Law (136)
- Technological University Dublin (60)
- University of Alabama School of Law (51)
- University of Baltimore Law (40)
- National Law School of India University (35)
- Rochester Institute of Technology (9)
- Chicago-Kent College of Law (4)
- Fordham Law School (4)
- Keyword
-
- United States Supreme Court (403)
- Law reform (244)
- Corporations (173)
- Congress (166)
- Lawyers (152)
-
- History (143)
- Income tax (133)
- Regulation (130)
- University of Michigan Law School (118)
- Children (115)
- State courts (115)
- Property (112)
- Empirical studies (109)
- Law professors (109)
- Law schools (101)
- Discrimination (97)
- Law students (97)
- Constitution (96)
- Corporate tax (92)
- Race and law (84)
- Michigan (82)
- Trials (82)
- Language (81)
- Bankruptcy (79)
- Liability (73)
- Treaties (73)
- Tax reform (72)
- Technology (72)
- Testimony (71)
- Authority (66)
- Publication Year
- Publication Type
- File Type
Articles 9481 - 9510 of 11528
Full-Text Articles in Law
Wait-And-See: The New American Uniform Act On Perpetuities, Lawrence W. Waggoner
Wait-And-See: The New American Uniform Act On Perpetuities, Lawrence W. Waggoner
Articles
The wait-and-see version of perpetuity reform has gained a new champion in the United States. The National Conference of Commissioners on Uniform State Laws-the body responsible for promulgating uniform legislation, such as the Uniform Commercial Code, for recommended enactment by the federal states-recently approved a Uniform Statutory Rule Against Perpetuities. Shortly thereafter, the Uniform Act was endorsed by the House of Delegates of the American Bar Association, the Board of Regents of the American College of Probate Counsel, and the Board of Governors of the American College of Real Estate Lawyers.
In Defense Of Administrative Agency Autonomy, A. Michael Froomkin
In Defense Of Administrative Agency Autonomy, A. Michael Froomkin
Articles
No abstract provided.
Law And Metaphysics, Charles M. Yablon
Arguing About Rights, Charles M. Yablon
Philosophy In Bankruptcy, David G. Carlson
Philosophy In Bankruptcy, David G. Carlson
Articles
The article critically examines Jackson's theories on bankruptcy law, arguing that his "creditor's bargain" model is logically inconsistent and lacks empirical support. It highlights flaws in his assumptions of creditor equality and the justification for bankruptcy discharge, ultimately concluding that his work is ad hoc and unverifiable.
Neighbors In American Land Law, Stewart E. Sterk
Neighbors In American Land Law, Stewart E. Sterk
Articles
The article critiques the foundational principle of land law known as the "geometric-box allocation," which assumes landowners have absolute control over their property within defined boundaries. While this model provides clarity and facilitates private bargaining, the analysis argues that it often fails to account for externalities, social norms, and bilateral monopoly situations, leading to inefficiencies. The author challenges the assumption that private bargaining will always produce efficient results, particularly in low-transaction-cost scenarios, and highlights the limitations of using intent as a justification for cross-boundary allocations. The article ultimately suggests that land law doctrine reflects and reinforces both individualist and non-individualist …
Response To Roger Cramton's Article, James Boyd White
Response To Roger Cramton's Article, James Boyd White
Articles
I want to direct attention to only one of the many important issues raised by Professor Cramton's article, namely the peculiar division between academic and religious thought in our culture. In the academic world we tend to speak as though all participants in our conversations were purely rational actors engaged in rational debate; perhaps some people out there in the world are sufficiently benighted that they turn to religious beliefs or other superstitions, but that is not true of us or, if it is true, we hide it, and it ought not be true of them. Ours is a secular …
The Abuses Of Social Science: A Response To Fineman And Opie., David L. Chambers
The Abuses Of Social Science: A Response To Fineman And Opie., David L. Chambers
Articles
Martha Fineman and Anne Opie have written an article on the misuses of social science research by those who are recommending policies for the placement of children after divorce.' The subject is important. When Professor Fineman told me that she and Opie were using an article I wrote about child custody2 as an example of some of the problems they discussed, I anticipated a useful exchange on the subject. Having read their article, I have decided against an exchange on the merits of the larger issues they raise. I have so decided because their article, which refers extensively to my …
The Twilight Of Employment At Will? An Update, Theodore J. St. Antoine
The Twilight Of Employment At Will? An Update, Theodore J. St. Antoine
Articles
A 55-year-old white male, who has spent thirty years working his way up to a responsible middle-management position in his company, is asked for his resignation. No reason given. Even though the employee could demonstrate that he still is qualified to perform his duties, the employer's action in dismissing him would be quite unexceptionable under the conventional American common law doctrine of employment at will. The situation could be even more disturbing. If the employment-at-will principle were allowed its full scope, an employee would have no recourse even if he knew he was being discharged because he had refused to …
Copyright, Compromise And Legislative History, Jessica D. Litman
Copyright, Compromise And Legislative History, Jessica D. Litman
Articles
Copyright law gives authors a "property right." But what kind of property right? Indeed, a property right in what? The answers to these questions should be apparent from a perusal of title seventeen of the United States Code-the statute that confers the "property" right.' Courts, however, have apparently found title seventeen an unhelpful guide. For the most part, they look elsewhere for answers, relying primarily on prior courts' constructions of an earlier and very different statute on the same subject. 2
Edward L. Barrett, Jr.: The Critic With 'That Quality Of Judiciousness Demanded Of The Court Itself', Yale Kamisar
Edward L. Barrett, Jr.: The Critic With 'That Quality Of Judiciousness Demanded Of The Court Itself', Yale Kamisar
Articles
Barrett was as talented and as dedicated a law teacher as any of his distinguished (or soon-to-become-distinguished) contemporaries. But Barrett resisted the movement toward new rights in fields where none had existed before. At least, he was quite uneasy about the trend. To be sure, others in law teaching shared Barrett's concern that the clock was spinning too fast. Indeed, some others were quite vociferous about it.' But because his criticism was cerebral rather than emotional - because he fairly stated and fully explored the arguments urging the courts to increase their tempo in developing constitutional rights - Barrett was …
Siamese Essays: (I) Cts Corp. V. Dynamics Corp. Of America And Dormant Commerce Clause Doctrine; (Ii) Extraterritorial State Legislation, Donald H. Regan
Siamese Essays: (I) Cts Corp. V. Dynamics Corp. Of America And Dormant Commerce Clause Doctrine; (Ii) Extraterritorial State Legislation, Donald H. Regan
Articles
What follows is two essays, related as Siamese twins. Both essays developed from a single conception. They are distinct, but they remain connected by a shared subtopic. The first essay is about CTS Corp. v. Dynamics Corp. of America1 as a contribution to dormant commerce clause doctrine. The second essay is about the constitutional principle that states may not legislate extraterritorially, which I shall refer to as the "extraterritoriality principle." The shared subtopic is the extraterritoriality problem in CTS. (There is an extraterritoriality problem in CTS, even though the Court does not discuss it in those terms.) I could have …
Taking From Farm Lenders And Farm Debtors: Chapter 12 Of The Bankruptcy Code, James J. White
Taking From Farm Lenders And Farm Debtors: Chapter 12 Of The Bankruptcy Code, James J. White
Articles
In passing Chapter 12 of the Bankruptcy Reform Act, Congress has effectively invalidated certain important provisions of existing farm mortgages. Equally significant, Congress has disabled farmers from granting binding mortgages on the full, value of their property. Although no court is likely to find the Chapter to violate the fifth amendment, the Chapter constitutes a substantial and retroactive alteration of the rights of existing mortgagees and a restriction on the powers of prospective mortgagors to grant valid mortgages. The thesis of this paper is that Congress was both wrong and shortsighted in its enactment of Chapter 12. Congress was wrong …
Loss Of Innocence: Eyewitness Identification And Proof Of Guilt, Samuel R. Gross
Loss Of Innocence: Eyewitness Identification And Proof Of Guilt, Samuel R. Gross
Articles
It is no news that eyewitness identification in criminal cases is a problem; it is an old and famous problem. Judges and lawyers have long known that the identification of strangers is a chancy matter, and nearly a century of psychological research has confirmed this skeptical view. In 1967 the Supreme Court attempted to mitigate the problem by regulating the use of eyewitness identification evidence in criminal trials; since then it has retreated part way from that effort. Legal scholars have written a small library of books and articles on this problem, the courts' response to it, and various proposed …
Redesigning The Spouse's Forced Share, John H. Langbein, Lawrence W. Waggoner
Redesigning The Spouse's Forced Share, John H. Langbein, Lawrence W. Waggoner
Articles
American forced-share law underwent a major round of reform in the 1960s. The main objective was to prevent the decedent from engaging in "fraud on the widow's share," that is, using nominal inter vivos transfers to evade the surviving spouse's forced-share entitlement. In jurisdictions that follow the Uniform Probate Code of 1969 (UPC), that mischief has been eradicated. The UPC, which is discussed in some detail below, extends the forced-share entitlement to property that has been the subject of inter vivos transfer. In the present article we develop the view that the time has come for a further round of …
Judicial Trial Skills Training, Stephen Simon, Bertrand Poritsky
Judicial Trial Skills Training, Stephen Simon, Bertrand Poritsky
Articles
The University of Minnesota Law School and the Minnesota Supreme Court Office of Continuing Education for State Court Personnel have initiated a unique and dynamic Judicial Trial Skills Training Program. Newly appointed judges participate in videotaped simulated trials designed to present the participating judges with numerous evidentiary and trial relationship issues. The videotapes of these trials are reviewed and cri- tiqued by the participating judge and a senior judge to give the participat-' ingjudges immediate feedback on their performance. The review session is used to discuss the various skills that judges must develop in order to conduct fair and efficient …
Freeing Mortgages Of Merger, Ann Burkhart
Shared Privacy And The Fourth Amendment, Or The Rights Of Relationships, Mary I. Coombs
Shared Privacy And The Fourth Amendment, Or The Rights Of Relationships, Mary I. Coombs
Articles
No abstract provided.
Corruption In Mexico: Implications For U.S. Foreign Policy, Keith S. Rosenn
Corruption In Mexico: Implications For U.S. Foreign Policy, Keith S. Rosenn
Articles
No abstract provided.
Taxation Of Business Intangible Capital, George Mundstock
Taxation Of Business Intangible Capital, George Mundstock
Articles
No abstract provided.
The Antinomies Of Poverty Law And A Theory Of Dialogic Empowerment, Anthony V. Alfieri
The Antinomies Of Poverty Law And A Theory Of Dialogic Empowerment, Anthony V. Alfieri
Articles
No abstract provided.
Intellectual Integration, James Boyd White
Intellectual Integration, James Boyd White
Articles
In this paper, I want to talk about the activity of intellectual integration itself: about what it can mean to integrate-to put together in a complex whole-aspects of our culture, or of the world, that seem to us disparate or unconnected; and what it can mean in so doing to integrate-to bring together in interactive life-aspects of our own minds and beings that we normally separate or divide from each other: I want to think of integration, that is-and of its opposite, disintegration-as taking place on two planes of existence at once, the cultural and the individual. For what is …
Thinking About Our Language, James Boyd White
Thinking About Our Language, James Boyd White
Articles
Except for one meeting, which I will describe below, I knew Bob Cover only through his writings. This circumstance was of course a disappointment to me, for our interests were similar, and his death now makes the loss irreparable. But perhaps this is less of a limitation than would normally be the case, for as much as anyone in the law Bob was, and is, actively present in his writing, both as a person and as a mind.-But that dichotomy of person and mind gets it wrong, for what I would like to catch is a sense of fusion or …
Economics And Law: Two Cultures In Tension, James Boyd White
Economics And Law: Two Cultures In Tension, James Boyd White
Articles
I want to preface my remarks by saying something about the kind of talk this is going to be. As my title says, I shall speak mainly about economics and law, which I shall examine as forms of thought and life, or what I shall call cultures. With law, about which in fact I shall speak rather briefly, I am naturally familiar by training and experience. But with economics I am familiar only as an observer as a general reader who reads the newspaper, as a lawyer who has followed a little of the law and economics literature, and as …
Rationality, Accident, And Priority Under Article 9 Of The Uniform Commercial Code, David G. Carlson
Rationality, Accident, And Priority Under Article 9 Of The Uniform Commercial Code, David G. Carlson
Articles
The article argues that the priority rules under Article 9 of the Uniform Commercial Code (UCC) are not grounded in a coherent, rational principle but are instead the result of historical accidents and the influence of powerful interest groups. These rules create an asymmetrical system that favors expert lenders over amateur lenders, leading to inequities and inefficiencies. The author critiques justifications for these rules, such as efficiency and moral culpability, and advocates for a more ethical and equitable framework that aligns with societal notions of fairness.
Francis A. Allen, Terrance Sandalow
Francis A. Allen, Terrance Sandalow
Articles
Writing a brief tribute to Frank Allen, a man I admire as much as any I have known, should have been easy and pleasurable. It has proved to be very difficult. The initial difficulty is the occasion for the tribute. Frank's decision to take early retirement from the University and to resettle in a warmer climate deprives the Sandalows of frequent contact with two of our favorite people. The act of writing requires an acceptance of that loss that I have not yet achieved. A second difficulty is that Frank has been an important influence in my life for thirty …
Francis A. Allen: 'Confront[Ing] The Most Explosive Problems' And 'Plumbing All Issues To Their Full Depth Without Fear Or Prejudice', Yale Kamisar
Articles
Frank Allen began his distinguished teaching career more than thirty-five years ago - at a time when, at more law schools than we like to remember, "the basic criminal law course was routinely assigned to the youngest and most vulnerable member of the faculty or to that colleague suspected of mild brain damage and hence incompetent to deal with courses that really matter."' That those of us who taught criminal law years later were warmly received by our colleagues is in no small measure a tribute to the quality of mind and character and intellectual energy of people like Allen, …
Government Responsibility For Constitutional Torts, Christina B. Whitman
Government Responsibility For Constitutional Torts, Christina B. Whitman
Articles
This essay is about the language used to decide when governments should be held responsible for constitutional torts.' Debate about what is required of government officials, and what is required of government itself, is scarcely new. What is new, at least to American jurisprudence, is litigation against government units (rather than government officials) for constitutional injuries. 2 The extension of liability to institutional defendants introduces special problems for the language of responsibility. In a suit against an individual official it is easy to describe the wrong as the consequence of individual behavior that is inconsistent with community norms; the language …
Free Speech And Corporate Freedom: A Comment On First National Bank Of Boston V. Bellotti, Carl E. Schneider
Free Speech And Corporate Freedom: A Comment On First National Bank Of Boston V. Bellotti, Carl E. Schneider
Articles
The corporation was born in chains but is everywhere free. That freedom was recently affirmed by the United States Supreme Court in First National Bank of Boston v. Bellotti. In Bellotti, the Court overturned a Massachusetts criminal statute forbidding banks and business corporations to make expenditures intended to influence referenda concerning issues not "materially affecting" the corporation's "property, business, or assets." In doing so, the Court confirmed its discovery that commercial speech is not unprotected by the first amendment and announced a novel doctrine that corporate speech is not unprotected by the first amendment. Although several years have …
Providing Nutrition And Hydration For Terminally Ill Patients, J. David Bleich
Providing Nutrition And Hydration For Terminally Ill Patients, J. David Bleich
Articles
No abstract provided.