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Articles 9811 - 9840 of 11528
Full-Text Articles in Law
A Reply To Landes: A Faulty Study Of No-Fault's Effect On Fault, Saul Levmore, Jeffrey O'Connell
A Reply To Landes: A Faulty Study Of No-Fault's Effect On Fault, Saul Levmore, Jeffrey O'Connell
Articles
No abstract provided.
Will The Federal Courts Of Appeals Survive Until 1984?: An Essay On Delegation And Specialization Of The Judicial Function, Richard A. Posner
Will The Federal Courts Of Appeals Survive Until 1984?: An Essay On Delegation And Specialization Of The Judicial Function, Richard A. Posner
Articles
No abstract provided.
Statutory Interpretation--In The Classroom And In The Courtroom, Richard A. Posner
Statutory Interpretation--In The Classroom And In The Courtroom, Richard A. Posner
Articles
This paper continues a discussion begun in an earlier paper in this journal.1 That paper dealt primarily with the implications for statutory interpretation of the interest-group theory of legislation, recently revivified by economists; it also dealt with constitutional interpretation. This paper focuses on two topics omitted in the earlier one: the need for better instruction in legislation in the law schools and the vacuity of the standard guideposts to reading statutes- the "canons of construction." The topics turn out to be related. The last part of the paper contains a positive proposal on how to interpret statutes.
In Opposition To The School Prayer Amendment, Geoffrey R. Stone
In Opposition To The School Prayer Amendment, Geoffrey R. Stone
Articles
No abstract provided.
Content Regulation And The First Amendment, Geoffrey R. Stone
Content Regulation And The First Amendment, Geoffrey R. Stone
Articles
No abstract provided.
The Constitution In The Supreme Court: Article Iv And Federal Powers, 1836-1864, David P. Currie
The Constitution In The Supreme Court: Article Iv And Federal Powers, 1836-1864, David P. Currie
Articles
Continuing his critical analysis of the constitutional decisions of the Taney period, Professor Currie examines cases involving the privileges and immunities clause, fugitives from slavery and criminal prosecution, and intergovernmental immunities, as well as cases dealing with the scope of federal judicial and legislative powers. In these decisions, with the glaring exception ofScott v. Sandford, he finds additional evidence that in general the Taney Court continued to enforce constitutional limitations vigorously against the states and to construe federal authority generously.
The Constitution In The Supreme Court: Contracts And Commerce, 1836-1864, David P. Currie
The Constitution In The Supreme Court: Contracts And Commerce, 1836-1864, David P. Currie
Articles
Continuing a study of the first hundred years of constitutional litigation, Professor Currie explores the decisions of the Taney period respecting the Contract and Commerce Clauses. Though early decisions of the Taney Court seemed to portend a departure from the nationalism of its predecessor, the author argues that the impression was largely misleading. In general, for example, the Court under Taney proved rather sympathetic to contract rights. In Commerce Clause cases, after being badly split, the Court was able to agree on a longlasting formula that acknowledged an implicit limitation on state power, and although in the Taney period the …
Adverse Possession And Subjective Intent, Richard H. Helmholz
Adverse Possession And Subjective Intent, Richard H. Helmholz
Articles
No abstract provided.
Equitable Division And The Law Of Finders, Richard H. Helmholz
Equitable Division And The Law Of Finders, Richard H. Helmholz
Articles
No abstract provided.
Hail To The Chief: Earl Warren And The Supreme Court, Dennis J. Hutchinson
Hail To The Chief: Earl Warren And The Supreme Court, Dennis J. Hutchinson
Articles
No abstract provided.
The Business Of The Supreme Court, O.T. 1982, Dennis J. Hutchinson, Philip B. Kurland
The Business Of The Supreme Court, O.T. 1982, Dennis J. Hutchinson, Philip B. Kurland
Articles
No abstract provided.
Optimal Sanctions For Antitrust Violations, William M. Landes
Optimal Sanctions For Antitrust Violations, William M. Landes
Articles
No abstract provided.
The Most Insignificant Justice: A Preliminary Inquiry, David P. Currie
The Most Insignificant Justice: A Preliminary Inquiry, David P. Currie
Articles
No abstract provided.
The Sovereignty Of The Courts, Edward Hirsch Levi
Bankruptcy Judges And The Independent Judiciary, David P. Currie
Bankruptcy Judges And The Independent Judiciary, David P. Currie
Articles
No abstract provided.
The Media And The Courts: A Troubled Symbiosis, Donald L. Burnett Jr.
The Media And The Courts: A Troubled Symbiosis, Donald L. Burnett Jr.
Articles
No abstract provided.
Suing Government, Cass R. Sunstein
The Surveys That Broke Monopoly, Hans Zeisel
Dissenting Opinions By Supreme Court Justices In Federal Income Tax Controversies, Walter J. Blum
Dissenting Opinions By Supreme Court Justices In Federal Income Tax Controversies, Walter J. Blum
Articles
No abstract provided.
The Direct And Collateral Estoppel Effects Of Alternative Holdings, Jo Desha Lucas
The Direct And Collateral Estoppel Effects Of Alternative Holdings, Jo Desha Lucas
Articles
No abstract provided.
Treatment Of Interest On Debtor Obligations In Reorganizations Under The Bankruptcy Code, Walter J. Blum
Treatment Of Interest On Debtor Obligations In Reorganizations Under The Bankruptcy Code, Walter J. Blum
Articles
No abstract provided.
Discretionary Decisionmaking In The Regulatory Agencies: A Conceptual Framework, Daniel J. Gifford
Discretionary Decisionmaking In The Regulatory Agencies: A Conceptual Framework, Daniel J. Gifford
Articles
For years, Professor Kenneth Culp Davis has directed the professional public's attention to the prevalence of what he believes to be insufficiently confined administrative discretion. 1 Davis has found powers of unduly wide latitude in agencies and administrators, such as tax collectors, 2 police officers, 3 welfare administrators, 4 and independent agencies supervising business behavior. 5 In general, Davis recommends confining the discretionary powers of agencies and officials more narrowly than they have been done in the past. He suggests that where discretion cannot practically be so confined, it should be "checked" or "structured." 6 Thus, Davis urges that "one …
Litigation Abuse And The Law Schools, John W. Reed
Litigation Abuse And The Law Schools, John W. Reed
Articles
At the Ninth Circuit Judicial Conference in July, 1983, one session was devoted to a discussion of "Excessive Discovery: A Symptom of Litigation Abuse." (Without knowing, I would guess that a similar title appeared on just about every judicial conference program this year-and last year, and the one before that.) Frank Rothman, President of MGM/United Artists, addressed the subject from the point of view of a corporate client, and his remarks are printed in this issue, beginning at page 342. Judges and trial lawyers expressed their views. And I was asked to comment on the extent to which the law …
Perpetuation Of Past Discrimination, Eric Schnapper
Perpetuation Of Past Discrimination, Eric Schnapper
Articles
Part I of this Article offers several justifications for providing remedies for present harms that are caused by past acts of discrimination. Part II describes the different ways in which past discrimination can cause a present injury, and suggests for each way the appropriate legal standard for deciding when there is a present constitutional violation. Part III discusses the problems likely to arise in administering the suggested standards, and concludes that these problems are not inherently different from those involved in ordinary discrimination cases.
The Invisible Discourse Of The Law: Reflections On Legal Literacy And General Education, James Boyd White
The Invisible Discourse Of The Law: Reflections On Legal Literacy And General Education, James Boyd White
Articles
My subject today is "legal literacy," but to put it that way requires immediate clarification, for that phrase has a wide range of possible meanings with many of which we shall have nothing to do. At one end of its spectrum of significance, for example, "legal literacy" means full competence in legal discourse, both as reader and as writer. This kind of literacy is the object of a professional education, and it requires not only a period of formal schooling but years of practice as well. Indeed, as is also the case with other real languages, the ideal of perfect …
In Re Lattouf's Will And The Presumption Of Lifetime Fertility In Perpetuity Law, Lawrence W. Waggoner
In Re Lattouf's Will And The Presumption Of Lifetime Fertility In Perpetuity Law, Lawrence W. Waggoner
Articles
Adoption of children is an ever-present complication of class gifts and the Rule Against Perpetuities. Given this fac any effort to find the presumption of lifetime fertility rebuttable is largely illusory. The author demonstrates that the gift in In Re Lattouf's Will could have been sustained even in face of an irrebuttable presumption.
The Impact Of Executions On Homicides: A New Look In An Old Light, Richard Lempert
The Impact Of Executions On Homicides: A New Look In An Old Light, Richard Lempert
Articles
Ehrlich's first point is that if one is searching for deterrence it is the law in action (i.e., the actual incidence of executions) rather than the law on the books (i.e., the presence or absence of the death penalty) which is crucial. His second point is that in order to spot deterrent effects other factors which might affect homicide rates, such as conviction rates and unemployment rates, must be held constant. Many of those who believe that Ehrlich's work is fundamentally flawed nevertheless accept these criticisms. This article follows Sellin's approach but takes account of Ehrlich's criticisms. Instead of comparing …
Does (Did) (Should) The Exclusionary Rule Rest On A 'Principled Basis' Rather Than An 'Empirical Proposition'?, Yale Kamisar
Does (Did) (Should) The Exclusionary Rule Rest On A 'Principled Basis' Rather Than An 'Empirical Proposition'?, Yale Kamisar
Articles
[U]ntil the [exclusionary rule] rests on a principled basis rather than an empirical proposition, [the rule] will remain in a state of unstable equilibrium. Mapp v. Ohio, which overruled the then twelve-year-old Wolf case and imposed the fourth amendment exclusionary rule (the Weeks doctrine) on the states as a matter of fourteenth amendment due process, seemed to mark the end of an era. Concurring in Mapp, Justice Douglas recalled that Wolf had evoked "a storm of constitutional controversy which only today finds its end."' But in the two decades since Justice Douglas made this observation, the storm of controversy has …
Comment, Bernard H. Oxman
The Emergence Of A General Reformation Doctrine For Wills, Lawrence W. Waggoner, John H. Langbein
The Emergence Of A General Reformation Doctrine For Wills, Lawrence W. Waggoner, John H. Langbein
Articles
In this article, which both summarizes and updates an extensively footnoted article published last year ("Reformation of Wills on the Ground of Mistake: Change of Direction in American Law?" 130 University of Pennsylvania Law Rmiew 521 (1982)), we report on this new case law and discuss the analytic framework that we think it suggests and requires.