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Articles 1 - 11 of 11

Full-Text Articles in Law

Grading The Government, Richard Parker Oct 2003

Grading The Government, Richard Parker

Faculty Articles and Papers

For over a decade, scathing critiques of government have been fueled by a group of studies called regulatory scorecards, which purport to show that the costs of many government regulations vastly outweigh their benefits. One widely-cited study by John Morrall, an OMB economist, claims that government regulations cost up to $72 billion per life saved. Another study, co-authored by Bush's regulatory czar, John Graham, claims that over 60,000 people lose their lives each year due to irrational government regulation. A third group of scorecards - compiled by Robert Hahn of the AEI-Brookings Joint Center for Regulatory Studies - claims that …


Cultivating Feminist Critical Inquiry, Anne Dailey Jan 2003

Cultivating Feminist Critical Inquiry, Anne Dailey

Faculty Articles and Papers

No abstract provided.


Fundamental Principles For Class Action Governance, Alexandra Lahav Jan 2003

Fundamental Principles For Class Action Governance, Alexandra Lahav

Faculty Articles and Papers

Class actions face a crisis of governance. The form of governance provided by Rule 23, governance by representative parties, is both vague in theory and ignored in practice. Instead, by a combination of procedural rules, judicial interpretation and common practice, the class is governed by a regime of attorney dictatorship with limited judicial oversight. This regime neither reflects the basic insight that the class and attorney do not have a traditional attorney-client relationship nor performs the task of transforming the inchoate collectivity of the class into an organization that protects and is responsive to the will of class members. This …


A Policy Overview, Stephen Utz Jan 2003

A Policy Overview, Stephen Utz

Faculty Articles and Papers

No abstract provided.


The Secession Reference And The Limits Of Law, Richard Kay Jan 2003

The Secession Reference And The Limits Of Law, Richard Kay

Faculty Articles and Papers

When the Supreme Court of Canada issued its judgment on the legality of unilateral Quebec secession in August 1998 many Canadians did not know what to make of it. The Court held that the only lawful way in which Quebec might depart the Canadian federation was through one of the amendment mechanisms provided in the Constitution Act 1982. It thus affirmed that Quebec could not secede without the agreement of at least the Houses of the federal Parliament and some number of provincial legislative assemblies. Prime Minister Chretien declared the next day that the judgement was a victory for all …


The Deanship, Ellen Ash Peters Jan 2003

The Deanship, Ellen Ash Peters

Faculty Articles and Papers

No abstract provided.


A Sampler Of Religious Experiences In International Law, Mark Weston Janis Jan 2003

A Sampler Of Religious Experiences In International Law, Mark Weston Janis

Faculty Articles and Papers

Religious principles, religious problems, and religious enthusiasts have all played profound, if sometimes little appreciated roles in the development of international law.' This essay highlights the impact of religion on international law by providing a sampler of religious experiences in international law, to wit: three suspicions international lawyers have of religion, two contributions made between religion and international law, and one great and telling similarity between religion and international law.


Adam, Eve, And Emma: On Criminal Responsibility And Moral Wisdom, Thomas Morawetz Jan 2003

Adam, Eve, And Emma: On Criminal Responsibility And Moral Wisdom, Thomas Morawetz

Faculty Articles and Papers

No abstract provided.


Allocation And Reallocation In Accordance With The Partners' Interests In The Partnership, Stephen Utz Jan 2003

Allocation And Reallocation In Accordance With The Partners' Interests In The Partnership, Stephen Utz

Faculty Articles and Papers

If a partnership agreement either fails to allocate an item of partnership income, gain, deduction, credit, or loss, or does so invalidly, section 704(b) requires the item to be allocated in accordance with the partners' interests in the partnership (PIP). A brief portion of the section 704(b) regulations interpret this reallocation standard, providing guidelines of varying specificity. Commentators agree that the guidelines are vague and puzzling. The courts have not often had to apply this portion of the regulation. However, in the event that the courts do employ section 704(b), they have assigned an implicit priority to the different guidelines, …


The Epidemiology Of Critique, Michael Fischl Jan 2003

The Epidemiology Of Critique, Michael Fischl

Faculty Articles and Papers

No abstract provided.


The Epidemiology Of Critique, Michael Fischl Jan 2003

The Epidemiology Of Critique, Michael Fischl

Faculty Articles and Papers

No abstract provided.