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Articles 9931 - 9960 of 11529
Full-Text Articles in Law
Section 4975 And Pte 77-9: The Causes Of Complexity In The Internal Revenue Code, Edward A. Zelinsky
Section 4975 And Pte 77-9: The Causes Of Complexity In The Internal Revenue Code, Edward A. Zelinsky
Articles
No abstract provided.
Full Faith And Credit, More Or Less, To Judgments: Doubts About Thomas V. Washington Gas Light Co., Stewart E. Sterk
Full Faith And Credit, More Or Less, To Judgments: Doubts About Thomas V. Washington Gas Light Co., Stewart E. Sterk
Articles
Workmen's compensation awards, decrees of administrative tribunals rather than courts, present the question of how far the mandate of the full faith and credit clause should reach and whether the clause should bar a claimant from pursuing supplemental compensation in a second state. Recently, in Thomas v. Washington Gas Light Co., the Supreme Court decided that full faith and credit should not prevent a claimant from obtaining supplemental compensation. Professor Sterk criticizes the Court's analysis, demonstrating the Thomas Court's neglect of the federal interests that the clause should protect. After examining the clause and its policy underpinnings, Professor Sterk …
Book Review (Reviewing David M. Smith, Ed., English Episcopal Acta I: Lincoln 1067-1185 (1980)), Richard H. Helmholz
Book Review (Reviewing David M. Smith, Ed., English Episcopal Acta I: Lincoln 1067-1185 (1980)), Richard H. Helmholz
Articles
No abstract provided.
A Right To Every Woman's Evidence, Richard O. Lempert
A Right To Every Woman's Evidence, Richard O. Lempert
Articles
I am indeed honored to be here with you today, honored to be joining you next year as Iowa's first Mason Ladd Visiting Distinguished Professor of Law, and honored to be giving the first Mason Ladd Lecture. The honor lies not just in the recognition you accord me, but also in the linkage to the man in whose name this recognition is given.
The Proper Role Of A Target's Management In Responding To A Tender Offer, Frank H. Easterbrook, Daniel R. Fischel
The Proper Role Of A Target's Management In Responding To A Tender Offer, Frank H. Easterbrook, Daniel R. Fischel
Articles
Under existing federal and state law, a corporation's managers can resist and often defeat a premium tender offer without liability to either the corporation's shareholders or the unsuccessful tender offeror. Professors Easterbrook and Fischel argue that resistance by a corporation's managers to premium tender offers, even if it triggers a bidding contest, ultimately decreases shareholder welfare. Shareholders would be better off, the authors claim, were such resistance all but proscribed. The authors consider, but find wanting, a number of potential criticisms of their analysis; they conclude by proposing a rule of mangerial passivity capable of controlling resistance in actual cases.
Faces Without Features: The Surface Validity Of Criminal Inferences, Peter Lushing
Faces Without Features: The Surface Validity Of Criminal Inferences, Peter Lushing
Articles
The article critiques the Supreme Court's decision in County Court v. Allen, arguing that the Court's approach to evaluating instructed inferences in criminal cases undermines the integrity of the fact-finding process. The central concern is that the Court's methodology, which assesses inferences as applied rather than on their face, fails to address the potential irrationality of such inferences and the pressure they may exert on jurors to convict without thorough consideration of the evidence. The article advocates for a more rigorous standard to ensure the rationality and constitutionality of instructed inferences in criminal trials.
Lawyers Are People Too..., Donald L. Burnett Jr.
Standing Up For Fourth Amendment Rights: Salvucci, Rawlings, And The Reasonable Expectation Of Privacy (Comment), Elizabeth Brandt
Standing Up For Fourth Amendment Rights: Salvucci, Rawlings, And The Reasonable Expectation Of Privacy (Comment), Elizabeth Brandt
Articles
The initial inquiry a court must make before considering a motion to suppress evidence based on an unreasonable search and seizure is whether the individual has standing under the fourth amendment. This Note examines the historical development of the standing doctrines leading to the reasonable expectation of privacy test adopted by the Supreme Court in Rakas v. Illinois. The Note also identifies the problems created by the Court's far-reaching application of this test. The author concludes that the overall effect of recent decisions may be to limit the number of defendants able to assert fourth amendment claims, since suppression hearing …
Corporate Control Transactions, Frank H. Easterbrook, Daniel R. Fischel
Corporate Control Transactions, Frank H. Easterbrook, Daniel R. Fischel
Articles
No abstract provided.
Predatory Strategies And Counterstrategies, Frank H. Easterbrook
Predatory Strategies And Counterstrategies, Frank H. Easterbrook
Articles
No abstract provided.
Cost-Benefit Analysis And The Separation Of Powers, Cass R. Sunstein
Cost-Benefit Analysis And The Separation Of Powers, Cass R. Sunstein
Articles
No abstract provided.
Chairman's Message, Antonin Scalia
The Changing Plea Bargaining Debate, Albert Alschuler
Maximum Price Fixing, Frank H. Easterbrook
Notice And Freedom Of Contract In The Law Of Servitudes Comments, Richard A. Epstein
Notice And Freedom Of Contract In The Law Of Servitudes Comments, Richard A. Epstein
Articles
No abstract provided.
The Historical Origins And Economic Structure Of Workers' Compensation Law, Richard A. Epstein
The Historical Origins And Economic Structure Of Workers' Compensation Law, Richard A. Epstein
Articles
No abstract provided.
Rescuing Some Antitrust Law: An Essay On Vertical Restrictions And Consumer Information, Saul Levmore
Rescuing Some Antitrust Law: An Essay On Vertical Restrictions And Consumer Information, Saul Levmore
Articles
No abstract provided.
A Reply To Some Recent Criticisms Of The Efficiency Theory Of The Common Law, Richard A. Posner
A Reply To Some Recent Criticisms Of The Efficiency Theory Of The Common Law, Richard A. Posner
Articles
No abstract provided.
The Next Step In The Antitrust Treatment Of Restricted Distribution: Per Se Legality, Richard A. Posner
The Next Step In The Antitrust Treatment Of Restricted Distribution: Per Se Legality, Richard A. Posner
Articles
No abstract provided.
Tribute To Mr. Justice Brennan, Richard A. Posner
State Pollution Statutes, David P. Currie
The Constitution In The Supreme Court: 1789-1801, David P. Currie
The Constitution In The Supreme Court: 1789-1801, David P. Currie
Articles
No abstract provided.
The Constitution In The Supreme Court: 1789-1801, David P. Currie
The Constitution In The Supreme Court: 1789-1801, David P. Currie
Articles
No abstract provided.
In Memoriam: Malcolm P. Sharp, Gerhard Casper
Secondary Liability Under Section 10(B) Of The Securities Act Of 1934, Daniel R. Fischel
Secondary Liability Under Section 10(B) Of The Securities Act Of 1934, Daniel R. Fischel
Articles
No abstract provided.
Race To The Bottom Revisited: Reflections On Recent Developments In Delaware's Corporation Law, Daniel R. Fischel
Race To The Bottom Revisited: Reflections On Recent Developments In Delaware's Corporation Law, Daniel R. Fischel
Articles
No abstract provided.
The Law And Economics Of Dividend Policy, Daniel R. Fischel
The Law And Economics Of Dividend Policy, Daniel R. Fischel
Articles
No abstract provided.
United States Tax Treaty Policy: An Overview, H. David Rosenbloom, Stanley Langbein
United States Tax Treaty Policy: An Overview, H. David Rosenbloom, Stanley Langbein
Articles
No abstract provided.
Public Programs And Private Rights, Cass R. Sunstein, Richard B. Stewart
Public Programs And Private Rights, Cass R. Sunstein, Richard B. Stewart
Articles
By what right may courts seek to remedy deficient administrative performance, and by what methods should they do so? This question has been answered in fits and starts, in the context of several existing remedies: rights to contest regulatory impositions, hearing rights concerning government benefits, implied rights of action, and most recently, rights to require an agency itself to take enforcement action. Professors Stewart and Sunstein offer a theory to explain both the conceptual similarities and the evolutionary differences among these remedies. They show how the remedies are linked with particular conceptions of the deepest purposes particular statutes are meant …
Curia Regis: Some Comments On The Divine Right Of Kings And Courts To Say What The Law Is, Philip B. Kurland
Curia Regis: Some Comments On The Divine Right Of Kings And Courts To Say What The Law Is, Philip B. Kurland
Articles
No abstract provided.