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Articles 1 - 30 of 2674
Full-Text Articles in Law
Markets For Power: An Analysis Of Elctrical Utility Deregulation, Almarin Phillips
Markets For Power: An Analysis Of Elctrical Utility Deregulation, Almarin Phillips
University of Pennsylvania Law Review
No abstract provided.
From Dean And Crown To The Tax Reform Act Of 1984: Taxation Of Interest-Free Loans, Michael D. Hartigan
From Dean And Crown To The Tax Reform Act Of 1984: Taxation Of Interest-Free Loans, Michael D. Hartigan
Notre Dame Law Review
No abstract provided.
Stare Decisis In Lower Courts: Predicting The Demise Of Supreme Court Precedent, David C. Bratz
Stare Decisis In Lower Courts: Predicting The Demise Of Supreme Court Precedent, David C. Bratz
Washington Law Review
This Comment contends that under limited circumstances lower courts may refuse to follow authoritative precedent. The Comment begins by distinguishing the doctrine of stare decisis in the Supreme Court and the doctrine as applied to lower courts. Next, the Comment discusses the doctrine of implicit overrule and suggests that the concept of implicit overrule is not sufficiently broad to encompass all of the circumstances in which lower courts should be allowed to disregard precedent. Using McCray as a paradigm, this Comment concludes that lower courts, within narrow limits, should be free to disregard even authoritative precedent when it is predictable …
Book Note, Crystal L. Miller
Structural Analysis Of The Good Moral Character Requirement For Bar Admission, Michael K. Mcchrystal
Structural Analysis Of The Good Moral Character Requirement For Bar Admission, Michael K. Mcchrystal
Notre Dame Law Review
No abstract provided.
Book Essay, Barry Sullivan
Case Comments, Notre Dame Law Review Editors
Case Comments, Notre Dame Law Review Editors
Notre Dame Law Review
No abstract provided.
The Role Of The Supreme Court Of Japan In The Field Of Judicial Administration, Takaaki Hattori
The Role Of The Supreme Court Of Japan In The Field Of Judicial Administration, Takaaki Hattori
Washington Law Review
This article focuses on the Japanese Supreme Court's exercise of its power of judicial administration. The article places special emphasis on the management of the judiciary and on rulemaking, both quite novel to the Japanese court.
Streamlining Antitrust Litigation By "Facial Examination" Of Restraints: The Burger Court And The Per Se-Rule Of Reason Distinction, Edward Brunet
Streamlining Antitrust Litigation By "Facial Examination" Of Restraints: The Burger Court And The Per Se-Rule Of Reason Distinction, Edward Brunet
Washington Law Review
Against a backdrop of a definitional skepticism, this article focuses on the important Burger Court contribution to the per se and rule of reason approaches. The Burger Court now requires a facial examination of antitrust restraints that may improve the lethargic process of antitrust litigation. Much of the article concerns the differences between the per se and rule of reason tests. The Burger Court's decisions, however, require that careful attention be given to the similar and complementary features of the rule of reason and per se methods. The article examines carefully the methodologies courts employ to classify alleged restraints as …
The Washington Environmental Policy Act, William H. Rodgers Jr.
The Washington Environmental Policy Act, William H. Rodgers Jr.
Washington Law Review
As the Washington State Environmental Policy Act of 1971 (SEPA) approaches its fourteenth birthday, the time is ripe for an assessment of its recent history and foreseeable future. Several SEPA milestones have come and gone in the last several months, and a period of stability is in order. Reported Washington decisions citing SEPA now number close to one hundred; more than fifty of these are decisions of the Washington Supreme Court. The books are closed on the two-year efforts of the Washington Commission on Environmental Policy (the SEPA Commission), whose work culminated in a report to the 1983 Legislature. There …
Protecting Intellectual Property In Taiwan—Non-Recognized United States Corporations And Their Treaty Right Of Access To Courts, Michael M. Hickman
Protecting Intellectual Property In Taiwan—Non-Recognized United States Corporations And Their Treaty Right Of Access To Courts, Michael M. Hickman
Washington Law Review
As global trade grows, intellectual property rights become increasingly important. United States corporations must often seek redress for infringement of their intellectual property rights in foreign forums. Taiwan has an international reputation for commercial counterfeiting. United States corporations with no presence in Taiwan are sometimes victims of infringement there. This Note describes the problems a non-recognized United States corporation presently faces in protecting its intellectual property rights in Taiwan and proposes a solution embodied in the United States-Republic of China (ROC) Treaty of Friendship, Commerce, and Navigation (FCN Treaty). A criminal case instituted by Apple Computer in Taiwan illustrates the …
Compromise Merit Review—A Proposal For Both Sides Of The Debate, Gregory Gorder
Compromise Merit Review—A Proposal For Both Sides Of The Debate, Gregory Gorder
Washington Law Review
As is the case with many facets of modem life, government is involved in regulating the primary securities markets. Both federal and state laws require registration of initial securities offerings. Federal registration is procedural in nature, requiring full disclosure. State registiation, on the other hand, usually includes "merit review" of proposed securities offerings; state administrators typically may deny registration of a security if the offering would not be fair, just, and equitable or would be unreasonable in certain respects. This Comment analyzes the advantages and disadvantages of merit review, specifically the discretionary power reposed in the state administrator, and proposes …
Relevance Of Industry Custom In Strict Product Liability, Kathleen M. Doyle
Relevance Of Industry Custom In Strict Product Liability, Kathleen M. Doyle
Washington Law Review
In Lenhardt v. Ford Motor Co., the Supreme Court of Washington held that evidence of industry custom is inadmissible in a strict product liability case. The Washington court held that the custom of the industry is not always a relevant factor in determining the reasonable expectations of the ordinary consumer. The court reasoned that admitting evidence of industry or manufacturers' customs and practices would improperly shift the inquiry from the reasonableness of the buyer's expectations to the reasonableness of the seller's conduct. The court recognized that this shift in focus would introduce concepts of fault that are relevant in a …
Washington Consumer Protection Act—Public Interest And The Private Litigant, David J. Dove
Washington Consumer Protection Act—Public Interest And The Private Litigant, David J. Dove
Washington Law Review
Under Washington's Consumer Protection Act, a private individual has standing to sue for unfair or deceptive business practices. The private litigant may not, however, use the Act as a vehicle to remedy those wrongs that impact only the private individual, because the Act's declared purpose is to protect the public interest. The public interest requirement thus imposes a restriction on the otherwise liberal construction of the Act. The Washington Supreme Court has established two tests by which the public interest requirement may be met: (1) the per se test and (2) the Anhold v. Daniels test.
Domestic Relations Law: Federal Jurisdiction And State Sovereignty In Perspective, Sharon Elizabeth Rush
Domestic Relations Law: Federal Jurisdiction And State Sovereignty In Perspective, Sharon Elizabeth Rush
Notre Dame Law Review
No abstract provided.
Tortious Breach Of Contract In Oklahoma, Michael F. Mcnamara
Tortious Breach Of Contract In Oklahoma, Michael F. Mcnamara
Tulsa Law Review
No abstract provided.
Waiver By Conduct: Another View (Responses To Fedders), Paul J. Bschorr
Waiver By Conduct: Another View (Responses To Fedders), Paul J. Bschorr
University of Pennsylvania Journal of International Law
No abstract provided.
Rico: The Newest Litigation Gambit In Corporate Takeover Battles , William C. Tyson, Anthony Ain
Rico: The Newest Litigation Gambit In Corporate Takeover Battles , William C. Tyson, Anthony Ain
University of Pennsylvania Journal of International Law
No abstract provided.
Service Of Process Under The Oklahoma Pleading Code, Charles W. Adams
Service Of Process Under The Oklahoma Pleading Code, Charles W. Adams
Tulsa Law Review
No abstract provided.
Osages, Iron Horses And Reversionary Interests: The Impact Of United States V. Atterberry On Railroad Abandonments, Sharon J. Bell
Osages, Iron Horses And Reversionary Interests: The Impact Of United States V. Atterberry On Railroad Abandonments, Sharon J. Bell
Tulsa Law Review
No abstract provided.
Memoirs In A Classical Style, Michael Boudin
Memoirs In A Classical Style, Michael Boudin
University of Pennsylvania Law Review
No abstract provided.
In Praise Of Friendly , Louis H. Pollak
In Praise Of Friendly , Louis H. Pollak
University of Pennsylvania Law Review
No abstract provided.
Views Of A Friendly Observer, John Minor Wisdom
Views Of A Friendly Observer, John Minor Wisdom
University of Pennsylvania Law Review
No abstract provided.
Dangerousness And Expertise, Christopher Slobogin
Dangerousness And Expertise, Christopher Slobogin
University of Pennsylvania Law Review
No abstract provided.
The Predicament Of Antitrust Jurisprudence: Economics And The Monopolization Of Price Discrimination Argument, Rudolph J. Peritz
The Predicament Of Antitrust Jurisprudence: Economics And The Monopolization Of Price Discrimination Argument, Rudolph J. Peritz
Duke Law Journal
Adherents to the Law and Economics Approach (LEA) claim that the incoherence of antitrust doctrine is attributable to a "policy at war with itself" and that only an unrivaled regime of efficiency can resolve this predicament. To demonstrate this rule of reason's jurisprudential impossibility as well as its ethical undesirability, Professor Peritz examines three strains of scholarship addressing price discrimination doctrine-an area already dominated by LEA argument. He finds that the LEA's success at the symbolic level only veils its substantive inadequacies. In particular, he explains why the LEA's exclusion from rational argument of the Robinson-Patman Act, antitrust's symbol of …
Rethinking The Rule Of Reason: From Professional Engineers To Ncaa, Barry Wertheimer
Rethinking The Rule Of Reason: From Professional Engineers To Ncaa, Barry Wertheimer
Duke Law Journal
No abstract provided.
The Squeal Rule: Statutory Resolution And Constitutional Implications—Burdening The Minor’S Right Of Privacy, Brenda D. Hofman
The Squeal Rule: Statutory Resolution And Constitutional Implications—Burdening The Minor’S Right Of Privacy, Brenda D. Hofman
Duke Law Journal
No abstract provided.
The Statutory Oil And Gas Lien In Oklahoma, Jack L. Kinzie, Joseph R. Dancy
The Statutory Oil And Gas Lien In Oklahoma, Jack L. Kinzie, Joseph R. Dancy
Tulsa Law Review
No abstract provided.