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Articles 1 - 30 of 127

Full-Text Articles in Law

The Current Illegitimacy Of International Human Rights Litigation, Jack L. Goldsmith, Curtis A. Bradley Nov 1997

The Current Illegitimacy Of International Human Rights Litigation, Jack L. Goldsmith, Curtis A. Bradley

Journal Articles

No abstract provided.


In Memoriam: William J. Brennan, Richard A. Posner Nov 1997

In Memoriam: William J. Brennan, Richard A. Posner

Journal Articles

No abstract provided.


The Political Economy Of The Bankruptcy Reform Act Of 1978, Eric A. Posner Oct 1997

The Political Economy Of The Bankruptcy Reform Act Of 1978, Eric A. Posner

Journal Articles

No abstract provided.


The Definition Of Voting Stock And The Computation Of Voting Power Under Sections 368(C) And 1504(A): Recent Developments And Tax Lore, Stuart G. Lazar Jul 1997

The Definition Of Voting Stock And The Computation Of Voting Power Under Sections 368(C) And 1504(A): Recent Developments And Tax Lore, Stuart G. Lazar

Journal Articles

Although the concepts of "voting stock" and "voting power" are pervasive throughout the Code, until recently, courts, commentators and the Service have devoted minimal energy to demystifying the confusion surrounding the definition of voting stock and even less to expanding upon the methodology of computing voting power. Recent developments, however, may prompt practitioners to take a second look at these terms. While a 1995 decision by the Tax Court adds little to the existing body of authority with respect to the determination of the owner of voting stock, the Service's analysis of the voting power requirement in a 1994 ...


The Descending Trail: Holmes' Path Of The Law One Hundred Years Later, Albert Alschuler Jul 1997

The Descending Trail: Holmes' Path Of The Law One Hundred Years Later, Albert Alschuler

Journal Articles

No abstract provided.


Cultural Criticism Of Law, Guyora Binder, Robert Weisberg May 1997

Cultural Criticism Of Law, Guyora Binder, Robert Weisberg

Journal Articles

Professors Binder and Weisberg expound a "cultural criticism" of law that views law as an arena for composing, representing, and contesting identity, and that treats identity as constitutive of the interests that motivate instrumental action. They explicate this critical method by reference to "New Historicist" literary criticism, postmodern social theory, and Nietzchean aesthetics. They illustrate this method by reviewing recent scholarship of two kinds: First, they explore how legal disputes take on expressive meaning for parties and observers against the background of legal norms regulating or recognizing identities. Second, they examine "readings" of the representations of character, credit, and value ...


Should There Be Homosexual Marriage? Is So, Who Should Decide? (Reviewing William N. Eskridge, Jr., The Case For Same-Sex Marriage: From Sexual Liberty To Civilized Commitment (1996)), Richard A. Posner May 1997

Should There Be Homosexual Marriage? Is So, Who Should Decide? (Reviewing William N. Eskridge, Jr., The Case For Same-Sex Marriage: From Sexual Liberty To Civilized Commitment (1996)), Richard A. Posner

Journal Articles

No abstract provided.


Book Review (Reviewing William N. Eskridge, The Case For Same-Sex Marriage: From Sexual Liberty To Civilized Commitment (1996)), Richard A. Posner May 1997

Book Review (Reviewing William N. Eskridge, The Case For Same-Sex Marriage: From Sexual Liberty To Civilized Commitment (1996)), Richard A. Posner

Journal Articles

No abstract provided.


Book Review (Reviewing Neal Devins, Shaping Constitutional Values: Elected Government, The Supreme Court, And The Abortion Debate (1996)), Tom Ginsburg May 1997

Book Review (Reviewing Neal Devins, Shaping Constitutional Values: Elected Government, The Supreme Court, And The Abortion Debate (1996)), Tom Ginsburg

Journal Articles

No abstract provided.


Liberty, Community And The Constitutional Structure Of Political Influence: A Reconsideration Of The Right To Vote, James A. Gardner Apr 1997

Liberty, Community And The Constitutional Structure Of Political Influence: A Reconsideration Of The Right To Vote, James A. Gardner

Journal Articles

No abstract provided.


Presuming Innocence: Alan Pakula And Scott Turow Take On The Great American Legal Fiction, Christine Corcos Jan 1997

Presuming Innocence: Alan Pakula And Scott Turow Take On The Great American Legal Fiction, Christine Corcos

Journal Articles

No abstract provided.


Commercialization Of Genetic Testing Services: The Fda, Market Forces, And Biological Tarot Cards, Michael J. Malinowski, Robin J.R. Blatt Jan 1997

Commercialization Of Genetic Testing Services: The Fda, Market Forces, And Biological Tarot Cards, Michael J. Malinowski, Robin J.R. Blatt

Journal Articles

No abstract provided.


"Who Ya Gonna C(S)Ite?" Ghostbusters And The Environmental Regulation Debate, Christine Corcos Jan 1997

"Who Ya Gonna C(S)Ite?" Ghostbusters And The Environmental Regulation Debate, Christine Corcos

Journal Articles

No abstract provided.


Grandeur Or Mockery?, Alain A. Levasseur Jan 1997

Grandeur Or Mockery?, Alain A. Levasseur

Journal Articles

No abstract provided.


Look Who's Making The Rules: International Environmental Standard Setting By Non-Governmental Organizations, Errol E. Meidinger Jan 1997

Look Who's Making The Rules: International Environmental Standard Setting By Non-Governmental Organizations, Errol E. Meidinger

Journal Articles

No abstract provided.


Never Again: Questioning The Yugoslav And Rwanda Tribunals, Makau Wa Mutua Jan 1997

Never Again: Questioning The Yugoslav And Rwanda Tribunals, Makau Wa Mutua

Journal Articles

Fifty years after Nuremberg, the international community has again decided to experiment with international war crimes tribunals. The stated purpose for the establishment of both the Yugoslav and Rwanda Tribunals by the United Nations are to “put an end” to serious crimes such as genocide and to “take effective measures to bring to justice the persons who are responsible for them.” This piece argues that both assumptions are unrealistic and that such tribunals will have little or no effect on human rights violations of such enormous barbarity. In addition, this piece questions the motivations behind the formulation of the tribunals ...


Claiming Our Foremothers: The Legend Of Sally Hemings And The Tasks Of Black Feminist Theory, Stephanie L. Phillips Jan 1997

Claiming Our Foremothers: The Legend Of Sally Hemings And The Tasks Of Black Feminist Theory, Stephanie L. Phillips

Journal Articles

No abstract provided.


Female Trouble: The Implications Of Tort Reform For Women, Lucinda M. Finley Jan 1997

Female Trouble: The Implications Of Tort Reform For Women, Lucinda M. Finley

Journal Articles

No abstract provided.


Subrogation And Insurance, With Especial Reference To The Tobacco Litigation, Richard A. Epstein Jan 1997

Subrogation And Insurance, With Especial Reference To The Tobacco Litigation, Richard A. Epstein

Journal Articles

No abstract provided.


From "Winners And Losers" To New Authority Structures In Ecological Policy, Errol E. Meidinger Jan 1997

From "Winners And Losers" To New Authority Structures In Ecological Policy, Errol E. Meidinger

Journal Articles

No abstract provided.


From The Bramble Bush To The Web: How The Internet Is Changing The Practice Of Law, James G. Milles Jan 1997

From The Bramble Bush To The Web: How The Internet Is Changing The Practice Of Law, James G. Milles

Journal Articles

No abstract provided.


Hope And Despair For A New South Africa: The Limits Of Rights Discourse, Makau Wa Mutua Jan 1997

Hope And Despair For A New South Africa: The Limits Of Rights Discourse, Makau Wa Mutua

Journal Articles

This article is a critique of the struggle to end apartheid in South Africa. It explores the assumptions employed by the African National Congress and the international community to construct a post-apartheid society. It argues that the reliance on the law as the key medium for economic, social, and political change was insufficient to transform the legacy of apartheid. Instead, the piece contends that apartheid was privatized and its beneficiaries protected under the new dispensation. It makes the argument that the lot of the black majority is unlikely to be changed such gradualist approach to social change.


Freedom And Interdependence In Twentieth-Century Contract Law: Traynor And Hand And Promissory Estoppel, Alfred S. Konefsky Jan 1997

Freedom And Interdependence In Twentieth-Century Contract Law: Traynor And Hand And Promissory Estoppel, Alfred S. Konefsky

Journal Articles

No abstract provided.


Is Tobacco A Drug? - Administrative Agencies As Common Law Courts Regulations, Cass R. Sunstein Jan 1997

Is Tobacco A Drug? - Administrative Agencies As Common Law Courts Regulations, Cass R. Sunstein

Journal Articles

Professor Cass Sunstein argues that the FDA has the authority to regulate tobacco products. He considers the text of the Federal Food, Drug, and Cosmetic Act, which supports the FDA assertion, and the context of its enactment, which argues against the FDA. He resolves the tension between text and context in favor of FDA jurisdiction by turning to the emerging role of administrative agencies. In modem government, he contends, administrative agencies have become America's common law courts, with the power to adapt statutory regimes to new facts and new values when the underlying statute is ambiguous. Professor Sunstein's ...


Textualism And The Dead Hand Of The Past, Michael W. Mcconnell Jan 1997

Textualism And The Dead Hand Of The Past, Michael W. Mcconnell

Journal Articles

No abstract provided.


Which Risks First Rethinking Environmental Protection For The 21st Century, Cass R. Sunstein Jan 1997

Which Risks First Rethinking Environmental Protection For The 21st Century, Cass R. Sunstein

Journal Articles

No abstract provided.


Institutions And Interpretation: A Critique Of City Of Boerne V. Flores, Michael W. Mcconnell Jan 1997

Institutions And Interpretation: A Critique Of City Of Boerne V. Flores, Michael W. Mcconnell

Journal Articles

No abstract provided.


The Right To Die And The Jurisprudence Of Tradition, Michael W. Mcconnell Jan 1997

The Right To Die And The Jurisprudence Of Tradition, Michael W. Mcconnell

Journal Articles

No abstract provided.


Freedom From Persecution Or Protection Of The Rights Of Conscience: A Critique Of Justice Scalia's Historical Arguments In City Of Boerne V. Flores, Michael W. Mcconnell Jan 1997

Freedom From Persecution Or Protection Of The Rights Of Conscience: A Critique Of Justice Scalia's Historical Arguments In City Of Boerne V. Flores, Michael W. Mcconnell

Journal Articles

No abstract provided.


Two Guns, Four Guns, Six Guns, More Guns: Does Arming The Public Reduce Crime Juvenile Crime?, Albert Alschuler Jan 1997

Two Guns, Four Guns, Six Guns, More Guns: Does Arming The Public Reduce Crime Juvenile Crime?, Albert Alschuler

Journal Articles

No abstract provided.