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Journal Articles

1999

Discipline
Institution
Keyword

Articles 1 - 30 of 124

Full-Text Articles in Law

The "Original Intent" Of The Federal Tax Treatment Of Private Pension Plans, James A. Wooten Dec 1999

The "Original Intent" Of The Federal Tax Treatment Of Private Pension Plans, James A. Wooten

Journal Articles

No abstract provided.


Lessons From A Debacle: From Impeachment To Reform, Cass R. Sunstein Sep 1999

Lessons From A Debacle: From Impeachment To Reform, Cass R. Sunstein

Journal Articles

No abstract provided.


Shifting Bottoms And Rotating Centers: Reflections On Latcrit Iii And The Black/White Paradigm, Athena D. Mutua Jul 1999

Shifting Bottoms And Rotating Centers: Reflections On Latcrit Iii And The Black/White Paradigm, Athena D. Mutua

Journal Articles

This essay chronicles my participation at the LatCrit III Conference and examines some of the issues raised. It touches on battles that rage within our efforts to build coalitions across boundaries of race and ethnicity, and it poses questions of centers, bottoms, and models.

Specifically, it asks: What group should be at the center of a given study or enterprise? Whose faces are at the bottom of the well and What model shall we use to analyze a given situation? The questions are complex, but LatCrit is attempting to address these complexities, not only in theory but in practice. Institutionally ...


The Convergence Of The Critical Race Theory Workshop With Latcrit Theory: A History, Stephanie L. Phillips Jul 1999

The Convergence Of The Critical Race Theory Workshop With Latcrit Theory: A History, Stephanie L. Phillips

Journal Articles

No abstract provided.


Stop Me Before I Quantify Again: The Role Of Political Science In The Study Of Election Law, James A. Gardner Jun 1999

Stop Me Before I Quantify Again: The Role Of Political Science In The Study Of Election Law, James A. Gardner

Journal Articles

No abstract provided.


The Case Of The Speluncean Explorers: Revisited, Cass R. Sunstein Jun 1999

The Case Of The Speluncean Explorers: Revisited, Cass R. Sunstein

Journal Articles

No abstract provided.


The Case Of The Speluncean Explorers: Revisited, Frank H. Easterbrook Jun 1999

The Case Of The Speluncean Explorers: Revisited, Frank H. Easterbrook

Journal Articles

No abstract provided.


The African Human Rights Court: A Two-Legged Stool?, Makau Mutua May 1999

The African Human Rights Court: A Two-Legged Stool?, Makau Mutua

Journal Articles

This article examines the African continental human rights system that is built on the African Charter on Human and Peoples’ Rights. It pays particular attention to the deficits of that system and argues that the establishment of the African Court on Human and Peoples’ Rights – a judicial body meant to strengthen the protection of human rights in Africa – falls far short. It exposes the normative and structural shortcomings that render the court virtually meaningless. It concludes that the court serves very little purpose except to address the enormous human rights challenges facing Africa.


Atticus Finch, In Context, Randolph N. Stone May 1999

Atticus Finch, In Context, Randolph N. Stone

Journal Articles

No abstract provided.


The Assault That Failed: The Progressive Critique Of Laissez Faire (Reviewing Barbara H. Fried, The Progressive Assault On Laissez Faire : Robert Hale And The First Law And Economics Movement (1998)), Richard A. Epstein May 1999

The Assault That Failed: The Progressive Critique Of Laissez Faire (Reviewing Barbara H. Fried, The Progressive Assault On Laissez Faire : Robert Hale And The First Law And Economics Movement (1998)), Richard A. Epstein

Journal Articles

No abstract provided.


Oppression, Lies, And The Dream Of Autonomy, Judy Scales-Trent Mar 1999

Oppression, Lies, And The Dream Of Autonomy, Judy Scales-Trent

Journal Articles

No abstract provided.


Administrative Takings: A Realist Perspective On The Practice And Theory Of Regulatory Takings Cases, David A. Westbrook Mar 1999

Administrative Takings: A Realist Perspective On The Practice And Theory Of Regulatory Takings Cases, David A. Westbrook

Journal Articles

No abstract provided.


The Nature Of The American Constitution: Is There A Constitutional Right To Vote And Be Represented?, Jeffrey Rosen, James A. Gardner, Gary Peller, Edward Still, Brenda Wright Feb 1999

The Nature Of The American Constitution: Is There A Constitutional Right To Vote And Be Represented?, Jeffrey Rosen, James A. Gardner, Gary Peller, Edward Still, Brenda Wright

Journal Articles

No abstract provided.


The Police Power And The Regulation Of Medical Practice: A Historical Review And Guide For Medical Licensing Board Regulation Of Physicians In Erisa-Qualified Managed Care Organizations, Edward P. Richards Jan 1999

The Police Power And The Regulation Of Medical Practice: A Historical Review And Guide For Medical Licensing Board Regulation Of Physicians In Erisa-Qualified Managed Care Organizations, Edward P. Richards

Journal Articles

No abstract provided.


Towering Figures, Enigmas, And Responsive Communities In American Legal Ethics, Thomas L. Shaffer Jan 1999

Towering Figures, Enigmas, And Responsive Communities In American Legal Ethics, Thomas L. Shaffer

Journal Articles

No abstract provided.


Meet My Mentors -- Janet Wallin And Caroline Heriot, Edmund P. Edmonds Jan 1999

Meet My Mentors -- Janet Wallin And Caroline Heriot, Edmund P. Edmonds

Journal Articles

In this article, Dean Ed Edmonds describes his relationship with two people who mentored him in his career as a legal librarian.


Representation, Mandate, And Agency: A Kommentar On Louisiana's New Law, Wendell H. Holmes, Symeon C. Symeonides Jan 1999

Representation, Mandate, And Agency: A Kommentar On Louisiana's New Law, Wendell H. Holmes, Symeon C. Symeonides

Journal Articles

No abstract provided.


Affirmative Action And The First Amendment: The Attainment Of A Diverse Student Body Is A Permissible Exercise Of Institutional Autonomy, Darlene Goring Jan 1999

Affirmative Action And The First Amendment: The Attainment Of A Diverse Student Body Is A Permissible Exercise Of Institutional Autonomy, Darlene Goring

Journal Articles

No abstract provided.


Faragher, Ellerth, And The Federal Law Of Vicarious Liability For Sexual Harassment By Supervisors: Something Lost, Something Gained, And Something To Guard Against, William R. Corbett Jan 1999

Faragher, Ellerth, And The Federal Law Of Vicarious Liability For Sexual Harassment By Supervisors: Something Lost, Something Gained, And Something To Guard Against, William R. Corbett

Journal Articles

In this Essay, the author faces his nightmare exam question: he must define "sexual harassment" to the satisfaction of several potential graders with different perspectives on sexual harassment law. His valiant effort to justify his response leads him to a discussion of the federal law of vicarious liability for sexual harassment by supervisors after the Supreme Court's recent rejection of tort law respondeat superior analysis for such claims under Title VII. The author argues that, while the rejection of the tort standard for vicarious liability in Title VII claims removes the longstanding connection between Title VII law and state ...


1998 Presidential Address—Making Connections: Law And Society Researchers And Their Subjects, David M. Engel Jan 1999

1998 Presidential Address—Making Connections: Law And Society Researchers And Their Subjects, David M. Engel

Journal Articles

This essay explores the theme of the 1998 annual meeting of the Law and Society Association: "Making Connections across Disciplines, Theories, and Methods," focusing in particular on the connections between researcher and subject and between researcher and researcher. The essay discusses three recent articles, by Joseph Sanders and V. Lee Hamilton, by Barbara Yngvesson, and by Margaret Montoya. These articles illustrate recent creative efforts by law and society researchers to forge new kinds of connections to their subjects. The articles also illustrate fundamentally different conceptions of the role of the researcher and of the methodologies on which sociolegal studies might ...


Protection, Privatization And Profit In The Foster Care System, Susan V. Mangold Jan 1999

Protection, Privatization And Profit In The Foster Care System, Susan V. Mangold

Journal Articles

No abstract provided.


Cultural Relativism And Cultural Imperialism In Human Rights Law, Guyora Binder Jan 1999

Cultural Relativism And Cultural Imperialism In Human Rights Law, Guyora Binder

Journal Articles

The "Universalism-Cultural Relativism" debate proceeds on the assumption that international human rights law requires the identification of fundamental principles of justice that transcend culture, society, and politics. Thus, the debate presumes that to assert the cultural relativity of justice is to deny the legitimacy of international human rights law. This comment challenges this presumed linkage between international human rights law and universally valid criteria of justice. Human rights standards are obviously culturally relative, and human rights law is obviously a Western institution. But so are the kind of states that human rights law sets out to restrain. The nation-state ideal ...


Devolution And The Paradox Of Democratic Unresponsiveness, James A. Gardner Jan 1999

Devolution And The Paradox Of Democratic Unresponsiveness, James A. Gardner

Journal Articles

No abstract provided.


Pinochet And International Human Rights Litigation, Jack L. Goldsmith, Curtis A. Bradley Jan 1999

Pinochet And International Human Rights Litigation, Jack L. Goldsmith, Curtis A. Bradley

Journal Articles

No abstract provided.


African Women In France: Immigration, Family And Work, Judy Scales-Trent Jan 1999

African Women In France: Immigration, Family And Work, Judy Scales-Trent

Journal Articles

No abstract provided.


Langdell's Auto-Da-Fé, John Henry Schlegel Jan 1999

Langdell's Auto-Da-Fé, John Henry Schlegel

Journal Articles

No abstract provided.


The Political Spectator: Censorship, Protest And The Moviegoing Experience, 1912-1922, Samantha Barbas Jan 1999

The Political Spectator: Censorship, Protest And The Moviegoing Experience, 1912-1922, Samantha Barbas

Journal Articles

No abstract provided.


Externalities In Open Economy Antitrust And Their Implications For International Competition Policy Competition, Free Markets, And The Law-Symposium On Law And Public Policy-1999, Alan O. Sykes Jan 1999

Externalities In Open Economy Antitrust And Their Implications For International Competition Policy Competition, Free Markets, And The Law-Symposium On Law And Public Policy-1999, Alan O. Sykes

Journal Articles

No abstract provided.


Winner-Take-Less Codes: The Case Of Private Broadcasting Interdisciplinary Program Series, Cass R. Sunstein Jan 1999

Winner-Take-Less Codes: The Case Of Private Broadcasting Interdisciplinary Program Series, Cass R. Sunstein

Journal Articles

No abstract provided.


Regulatory Protectionism And The Law Of International Trade, Alan O. Sykes Jan 1999

Regulatory Protectionism And The Law Of International Trade, Alan O. Sykes

Journal Articles

A wide array of policy instruments can protect domestic firms against foreign competition. Regulatory measures that raise the costs of foreign firms relative to domestic firms are exceptionally wasteful protectionist devices, however, with deadweight costs that can greatly exceed those of traditional protectionist instruments such as tariffs and quotas. This Article develops the welfare economics of regulatory protectionism and a related political economy analysis of the national and international legal systems that must confront it, including the WTO, the NAFTA, the European Union, and the United States federal system. It explains why regulatory measures that serve no purpose other than ...