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Articles 1 - 16 of 16

Full-Text Articles in Law

A Primer On Prejudgment Interest, Michael S. Knoll Dec 1996

A Primer On Prejudgment Interest, Michael S. Knoll

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No abstract provided.


Making Criminal Codes Functional: A Code Of Conduct And A Code Of Adjudication, Paul H. Robinson, Peter D. Greene, Natasha R. Goldstein Jan 1996

Making Criminal Codes Functional: A Code Of Conduct And A Code Of Adjudication, Paul H. Robinson, Peter D. Greene, Natasha R. Goldstein

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A traditional criminal code performs several functions. It announces the law's commands to those whose conduct it seeks to influence. It also defines the rules to be used in deciding whether a breach of the law's commands will result in criminal liability and, if so, the grade or degree of liability. In serving the first function, the code addresses all members of the public. In performing the second function, it addresses lawyers, judges, jurors, and others who play a role in the adjudication process. In part because of these different audiences, the two functions call for different kinds of documents. …


A Reliance Damages Approach To Corporate Lockups, David A. Skeel Jr. Jan 1996

A Reliance Damages Approach To Corporate Lockups, David A. Skeel Jr.

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No abstract provided.


The Priority Paradigm: Private Choices And The Limits Of Equality, Dorothy E. Roberts Jan 1996

The Priority Paradigm: Private Choices And The Limits Of Equality, Dorothy E. Roberts

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No abstract provided.


Self-Defense As A Rational Excuse, Claire Oakes Finkelstein Jan 1996

Self-Defense As A Rational Excuse, Claire Oakes Finkelstein

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No abstract provided.


The Enforceability Of Norms And The Employment Relationship, Edward B. Rock, Michael L. Wachter Jan 1996

The Enforceability Of Norms And The Employment Relationship, Edward B. Rock, Michael L. Wachter

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No abstract provided.


The Criminal-Civil Distinction And The Utility Of Desert, Paul H. Robinson Jan 1996

The Criminal-Civil Distinction And The Utility Of Desert, Paul H. Robinson

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The communist Chinese have distinct criminal and civil systems, as do the democratic Swiss, and the monarchist Saudis.1 The criminal-civil distinction also is a basic organizing device for Islamic Pakistan, Catholic Ireland, Hindu India, and the atheistic former Soviet Union, industrialized Germany, rural Papua New Guinea, the tribal Bedouins, wealthy Singapore, impoverished Somalia, developing Thailand, newly organized Ukraine, and the ancient Romans. Apparently every society sufficiently developed to have a formal legal system usesthe criminal-civil distinction as an organizing principle. Why? Why has every society felt it necessary to create a system to impose criminal liability distinct from civil liability?


America's Shifting Fascination With Comparative Corporate Governance, Edward B. Rock Jan 1996

America's Shifting Fascination With Comparative Corporate Governance, Edward B. Rock

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No abstract provided.


Welfare And The Problem Of Black Citizenship, Dorothy E. Roberts Jan 1996

Welfare And The Problem Of Black Citizenship, Dorothy E. Roberts

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No abstract provided.


The Two-Parent Family In The Liberal State: The Case For Selective Subsidies, Amy L. Wax Jan 1996

The Two-Parent Family In The Liberal State: The Case For Selective Subsidies, Amy L. Wax

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No abstract provided.


Race And The New Reproduction, Dorothy E. Roberts Jan 1996

Race And The New Reproduction, Dorothy E. Roberts

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No abstract provided.


A Feminist Social Justice Approach To Reproduction-Assisting Technologies: A Case Study On The Limits Of Liberal Theory, Joan C. Callahan, Dorothy E. Roberts Jan 1996

A Feminist Social Justice Approach To Reproduction-Assisting Technologies: A Case Study On The Limits Of Liberal Theory, Joan C. Callahan, Dorothy E. Roberts

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No abstract provided.


An Analysis Of Fee Shifting Based On The Margin Of Victory: On Frivolous Suints, Meritorious Suits, And The Role Of Rule 11, Howard F. Chang, Lucian A. Bebchuk Jan 1996

An Analysis Of Fee Shifting Based On The Margin Of Victory: On Frivolous Suints, Meritorious Suits, And The Role Of Rule 11, Howard F. Chang, Lucian A. Bebchuk

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When plaintiffs cannot predict the outcome of litigation with certainty, neither the American rule (each litigant bears its own litigation expenses) nor the British rule (the losing litigant pays the attorneys' fees of the winning litigant) would induce optimal decisions to bring suit. Plaintiffs may bring frivolous suits when litigation costs are small relative to the amount at stake; plaintiffs may not bring meritorious suits when litigation costs are large relative to this amount. More general fee-shifting rules are based not only on the identity of the winning party but also on how strong the court perceives the case to …


Biology, Justice, And Women's Fate, Dorothy E. Roberts Jan 1996

Biology, Justice, And Women's Fate, Dorothy E. Roberts

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No abstract provided.


Against Nature: On Robert Wright's The Moral Animal, Amy L. Wax Jan 1996

Against Nature: On Robert Wright's The Moral Animal, Amy L. Wax

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No abstract provided.


On The Genealogy Of Moral Hazard, Tom Baker Jan 1996

On The Genealogy Of Moral Hazard, Tom Baker

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No abstract provided.