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Articles 1 - 11 of 11

Full-Text Articles in Law

The Truth About The New Value Exception To Bankruptcy’S Absolute Priority Rule, David Gray Carlson, Jack F. Williams Jan 2000

The Truth About The New Value Exception To Bankruptcy’S Absolute Priority Rule, David Gray Carlson, Jack F. Williams

Articles

No abstract provided.


International Human Rights And Domestic Law Focusing On U.S. Law, With Some Reference To Israeli Law, Malvina Halberstam Jan 2000

International Human Rights And Domestic Law Focusing On U.S. Law, With Some Reference To Israeli Law, Malvina Halberstam

Articles

No abstract provided.


Comment: Human Rights, Nationalism, And Multiculturalism In Rhetoric, Ethics, And Politics: A Pluralist Critique, Michel Rosenfeld Jan 2000

Comment: Human Rights, Nationalism, And Multiculturalism In Rhetoric, Ethics, And Politics: A Pluralist Critique, Michel Rosenfeld

Articles

No abstract provided.


Comprehensive Pluralism Is Neither An Overlapping Consensus Nor A Modus Vivendi: A Reply To Professors Arato, Avineri, And Michelman, Michel Rosenfeld Jan 2000

Comprehensive Pluralism Is Neither An Overlapping Consensus Nor A Modus Vivendi: A Reply To Professors Arato, Avineri, And Michelman, Michel Rosenfeld

Articles

No abstract provided.


Comment: Cultural Pluralism, Nationalism, And Universal Rights, Suzanne Last Stone Jan 2000

Comment: Cultural Pluralism, Nationalism, And Universal Rights, Suzanne Last Stone

Articles

No abstract provided.


Patent Markets: A Framework For Evaluation, Michael J. Burstein Jan 2000

Patent Markets: A Framework For Evaluation, Michael J. Burstein

Articles

Patents have become financial assets, in both practice and theory. A nascent market for patents routinely produces headline-grabbing transactions in patent portfolios, and patent assertion entities frequently defend themselves as sources of liquidity essential for a patent market to function. Much of the discourse surrounding these developments assumes that a robust, liquid market for patents would improve the operation of the patent system. In this Essay, I challenge that assumption and systematically assess the cases for and against patent markets. I do so by taking seriously both the underlying innovation promotion goal of the patent system and the lessons of ...


Breaking The Code Of Silence: Rediscovering "Custom" In Section 1983 Municipal Liability, Myriam E. Gilles Jan 2000

Breaking The Code Of Silence: Rediscovering "Custom" In Section 1983 Municipal Liability, Myriam E. Gilles

Articles

No abstract provided.


Amatory Jurisprudence And The Querelle Des Lois, Peter Goodrich Jan 2000

Amatory Jurisprudence And The Querelle Des Lois, Peter Goodrich

Articles

It is my view, and here, no doubt, I am pre-empting my conclusion, that what literary and feminist historicism recognizes as the querelle des femmes, the debate as to the status and political role of women, is in fact underpinned and motivated by a much less explicit, yet nonetheless portentous, querelle des lois. The querelle des femmes, in other words, was always a polemic as to the legal status of women, as to their definition and role in theology and jurisprudence, canon and civil law. More than that, however, what the recovery of amatory jurisprudence can help to show is ...


Rethinking The Penalty Phase, Kyron Huigens Jan 2000

Rethinking The Penalty Phase, Kyron Huigens

Articles

This article argues that the chaos of the US Supreme Court’s death penalty jurisprudence can be sorted with the use of a single point of clarification. That jurisprudence uses the term “culpability” – and similar terms, such as desert, responsibility, and blameworthiness – without regard to a critical ambiguity. We use “culpability” to refer to fault in wrongdoing, as reflected in “culpability elements” such as purpose or recklessness. We also use culpability to refer to eligibility for punishment, which is at issue in the defenses of insanity or minority. Death sentencing is structured around aggravating and mitigating factors, but aggravation reflects ...


Kenneth Starr: Diabolically Evil?, Jeanne L. Schroeder, David Gray Carlson Jan 2000

Kenneth Starr: Diabolically Evil?, Jeanne L. Schroeder, David Gray Carlson

Articles

No abstract provided.


Adr: An Eclectic Array Ofprocesses, Rather Thanone Eclectic Process, Lela P. Love, Kimberlee K. Kovach Jan 2000

Adr: An Eclectic Array Ofprocesses, Rather Thanone Eclectic Process, Lela P. Love, Kimberlee K. Kovach

Articles

When mediators try to resolve a controversy by providing their analysis of the legal – or other – merits, they are providing the service that judges, arbitrators and neutral experts provide. In essence, such endeavors use the neutral’s judgment, award or opinion to determine or jump-start a resolution. This article urges that this add-on activity to mediation should be called by its proper name. The essay highlights the advantages of calling "mediation plus evaluation" a mixed process and discusses the advantages of having an eclectic and diverse mix of processes from which parties and counsel can choose to promote party choice ...