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Articles 1 - 30 of 84
Full-Text Articles in Law
Protection Of Biodiversity Under The Public Trust Doctrine, Ralph W. Johnson, William C. Galloway
Protection Of Biodiversity Under The Public Trust Doctrine, Ralph W. Johnson, William C. Galloway
Articles
The public trust doctrine is an ancient Roman legal doctrine that has been applied in both England and the Umted States. The doctrine traditionally addressed questions of public access to and use of commercially navigable waters for navigation, fisheries and various other uses of the underlying seabeds, lake bottoms, and riverbeds. In recent years, the public trust doctrine has been invoked to protect birds and other wildlife, water quality, ecological and environmental values, and different types of recreation. Although no public trust case has applied the doctrine to protect biodiversity per se, it seems clear by analogy to existing case …
Testing The Limits Of Savings And Loan Tax-Free Mergers, Patricia D. White
Testing The Limits Of Savings And Loan Tax-Free Mergers, Patricia D. White
Articles
No abstract provided.
Law & Society: Its Research, Richard O. Lempert
Law & Society: Its Research, Richard O. Lempert
Articles
Writing in 1968 on research in the then infant discipline of law and social science, Harry Kalven noted with some pride the growing body of book-length work in the area. While the "relevant" bookshelf in Kalven's office was "still well under five feet," there had for Kalven "been nothing like [these books] previously, and their existence mark[ed] a major change in the relationship of law and science." Today, when I look around my office, I see 11 relevant bookshelves, which is only a small fraction of what has been produced.
Introduction, Terrance Sandalow
Introduction, Terrance Sandalow
Articles
The articles that follow, initially presented in 1983 as the thirty-second series of Thomas M. Cooley Lectures, address a subject that has deep roots in the United States' history. Assurances that there would be constitutional protection of what are now called human rights-in the United States, they have more frequently been referred to as civil liberties and civil rights or individual rights and liberties-was a practical condition for the adoption of the Constitution. The belief that such guarantees are of vital importance in maintaining a society that is both free and just has over time become even more deeply embedded …
Pollution Control By Effluent Charges: It Works In The Federal Republic Of Germany, Why Not In The U.S., Gardner M. Brown Jr., Ralph W. Johnson
Pollution Control By Effluent Charges: It Works In The Federal Republic Of Germany, Why Not In The U.S., Gardner M. Brown Jr., Ralph W. Johnson
Articles
This article describes the recent Federal Republic of Germany effluent charge law and the political and legal background that permitted this law to be enacted. The impact of that law is assessed, although the assessment is necessarily tentative in view of the short experience with the law to date. The economic and legal implications of enacting an effluent charge law in the United States also are analyzed. Included in this discussion are the advantages and disadvantages of state vs. federal enactment, the constitutional objections that might be raised to such a law, and how it might be coordinated with existing …
Recognition, Use Of Force, And The Legal Effect Of United Nations Resolutions Under The Revised Restatement Of The Foreign Relations Law Of The United States, Malvina Halberstam
Recognition, Use Of Force, And The Legal Effect Of United Nations Resolutions Under The Revised Restatement Of The Foreign Relations Law Of The United States, Malvina Halberstam
Articles
No abstract provided.
Introduction: Trends And Developments With Respect To That Amendment 'Central To Enjoyment Of Other Guarantees Of The Bill Of Rights', Yale Kamisar
Articles
Seventy years ago, in the famous Weeks case,' the Supreme Court evoked a storm of controversy by promulgating the federal exclusionary rule. When, a half-century later, in the landmark Mapp case,2 the Court extended the Weeks rule to state criminal proceedings, at least one experienced observer assumed that the controversy "today finds its end." 3 But as we all know now, Mapp only intensified the controversy. Indeed, in recent years spirited debates over proposals to modify the exclusionary rule or to scrap it entirely have filled the air - and the law reviews.'
The Evolution Of Refugee Status In International Law: 1920-1950, James C. Hathaway
The Evolution Of Refugee Status In International Law: 1920-1950, James C. Hathaway
Articles
A refugee is usually thought of as a person compelled to flee his State of origin or residence due to political troubles, persecution, famine or natural disaster. The refugee is perceived as an involuntary migrant, a victim of circumstances which force him to seek sanctuary in a foreign country. Since Rome's reception of the fleeing Barbarians, States have opened their doors to many divergent groups corresponding in a general way to this description of what it means to be a refugee. During a period of more than four centuries prior to 1920, there was little concern to delimit the scope …
The Nonprobate Revolution And The Future Of The Law Of Succession, John H. Langbein
The Nonprobate Revolution And The Future Of The Law Of Succession, John H. Langbein
Articles
The popular demand for probate avoidance has coincided with a fundamental change in the nature of wealth. Mogt property now takes the form of claims on financial intermediaries, who can easily transfer account balances on death, without court proceedings. Further, creditors have developed a variety of techniques for collecting decedents' debts without probate. Professor Langbein sees in these developments the basis for legitimating the main will substitutes as "nonprobate wills" and for unifying the constructional law of wills and will substitutes.
The Mythical Meritocracy Of Law School Admissions, James C. Hathaway
The Mythical Meritocracy Of Law School Admissions, James C. Hathaway
Articles
Because more people apply to law schools than can be accepted, the admissions procedure at most faculties has been designed to select the best qualified persons from the applicant pool. Selection criteria are adopted to enable law school administrators to determine fairly and objectively which applicants are most likely to succeed in legal studies. Even with the advent of admissions policies designed to increase opportunities for members of various minority groups to study law, specific admissions decisions within each preferred category are generally made with a view to choosing the candidates judged most able to do well at law school. …
Hawaiian Ripples, Patricia D. White
Hawaiian Ripples, Patricia D. White
Articles
Bacchus Imports, Ltd. and Eagle Distributors, Inc.
v.
George Freitas, Director of Taxation of the State of Hawaii
(Docket No. 82-1565)
Argued January 11, 1984
On Blazing Trials: Judge Friendly And Federal Jurisdiction, David P. Currie
On Blazing Trials: Judge Friendly And Federal Jurisdiction, David P. Currie
Articles
No abstract provided.
Comparable Worth In Antidiscrimination Legislation: A Reply To Freed And Polsby, Mary E. Becker
Comparable Worth In Antidiscrimination Legislation: A Reply To Freed And Polsby, Mary E. Becker
Articles
No abstract provided.
Simplifying Retained Life Interests, Revocable Transfers, And The Marital Deduction, Joseph Isenbergh
Simplifying Retained Life Interests, Revocable Transfers, And The Marital Deduction, Joseph Isenbergh
Articles
No abstract provided.
Introduction, Richard A. Epstein, Jeffrey Paul
A In Defense Of The Hard Look: Judicial Activism And Administrative Law, Cass R. Sunstein
A In Defense Of The Hard Look: Judicial Activism And Administrative Law, Cass R. Sunstein
Articles
No abstract provided.
The Pitfalls Of Interpretation, Richard A. Epstein
O.T. 1983 And The Era Of Aggressive Majoritarianism: A Court In Transition, Geoffrey R. Stone
O.T. 1983 And The Era Of Aggressive Majoritarianism: A Court In Transition, Geoffrey R. Stone
Articles
No abstract provided.
Do Targets Gain From Defeating Tender Offers?, Frank H. Easterbrook, Gregg A. Jarrell
Do Targets Gain From Defeating Tender Offers?, Frank H. Easterbrook, Gregg A. Jarrell
Articles
Do shareholders benefit from management decisions to resist tender oJfers? Professor Easterbrook and Mr. Jarrell think the evidence is unequivocal They cite three recent studies of post-offer movements in the prices of target stocks which show that successful defensive tactics by management have deprived target shareholders of appreciation gains worth between fifteen and fifty-two percent of the value of targets hares. They then introduce the results of their own more conventional study: had these gains been realized and reinvested in equity securities, shareholders would have fared considerably better during the past decade. The authors argue that a similar study by …
Constitution In The Supreme Court: Civil War And Reconstruction, 1865-1873, David P. Currie
Constitution In The Supreme Court: Civil War And Reconstruction, 1865-1873, David P. Currie
Articles
No abstract provided.
The Constitution In The Supreme Court: Limitations On State Power, 1865-1873, David P. Currie
The Constitution In The Supreme Court: Limitations On State Power, 1865-1873, David P. Currie
Articles
No abstract provided.
Further Notes On Transfer Tax Rates Notes, Joseph Isenbergh
Further Notes On Transfer Tax Rates Notes, Joseph Isenbergh
Articles
No abstract provided.
The Religion Clauses And The Burger Court, Philip B. Kurland
The Religion Clauses And The Burger Court, Philip B. Kurland
Articles
No abstract provided.
Corporate Reorganizations And The Treatment Of Diverse Ownership Interests: A Comment On Adequate Protection Of Secured Creditors In Bankruptcy, Douglas G. Baird, Thomas H. Jackson
Corporate Reorganizations And The Treatment Of Diverse Ownership Interests: A Comment On Adequate Protection Of Secured Creditors In Bankruptcy, Douglas G. Baird, Thomas H. Jackson
Articles
No abstract provided.
Mandatory Disclosure And The Protection Of Investors, Frank H. Easterbrook, Daniel R. Fischel
Mandatory Disclosure And The Protection Of Investors, Frank H. Easterbrook, Daniel R. Fischel
Articles
No abstract provided.
Toward A Revitalization Of The Contract Clause, Richard A. Epstein
Toward A Revitalization Of The Contract Clause, Richard A. Epstein
Articles
No abstract provided.
Some Economics Of Labor Law, Richard A. Posner
Insider Trading And Investment Analysts: An Economic Analysis Of Dirks V. Securities And Exchange Commission, Daniel R. Fischel
Insider Trading And Investment Analysts: An Economic Analysis Of Dirks V. Securities And Exchange Commission, Daniel R. Fischel
Articles
No abstract provided.
Efficient Markets And Puzzling Intermediaries, Saul Levmore
Efficient Markets And Puzzling Intermediaries, Saul Levmore
Articles
No abstract provided.
In Defense Of The Contract At Will, Richard A. Epstein