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Articles 1 - 30 of 146
Full-Text Articles in Law
What's Standing After Lujan? Of Citizen Suits, "Injuries," And Article Iii, Cass R. Sunstein
What's Standing After Lujan? Of Citizen Suits, "Injuries," And Article Iii, Cass R. Sunstein
Articles
No abstract provided.
Overcompensating: The Corporate Lawyer And Executive Pay, Charles M. Yablon
Overcompensating: The Corporate Lawyer And Executive Pay, Charles M. Yablon
Articles
No abstract provided.
Two Cheers For A Tale Of Three Cities, David Yellen
A Treaty Is A Treaty Is A Treaty, Malvina Halberstam
Populism, Law, And The Corporation: The 1897 Kansas Supreme Court, James L. Hunt
Populism, Law, And The Corporation: The 1897 Kansas Supreme Court, James L. Hunt
Articles
No abstract provided.
State-Interest Analysis And The Channelling Function In Family Law, Carl E. Schneider
State-Interest Analysis And The Channelling Function In Family Law, Carl E. Schneider
Articles
I want to develop some themes I advanced in my article entitled State-Interest Analysis in Fourteenth Amendment "Privacy" Law: An Essay on the Constitutionalization of Social issues. In that article I noted that while courts and commentators have lavished effort on the fundamental-rights side of privacy law, they have scanted the state-interest side, thereby producing crucial weaknesses in that law. I felt that state~interest discussions in privacy cases often seemed to me unsatisfying. This is an attempt to see why. A major difficulty is that states tend to advance and courts tend to accept quite narrow specifications of a statute's …
The Porcupine's Dilemma: Strategic And Psychological Uncertainty In The Face Of Global Warming, William H. Rodgers, Jr.
The Porcupine's Dilemma: Strategic And Psychological Uncertainty In The Face Of Global Warming, William H. Rodgers, Jr.
Articles
No abstract provided.
The Trustee’S Strong Arm Power Under The Bankruptcy Code, David G. Carlson
The Trustee’S Strong Arm Power Under The Bankruptcy Code, David G. Carlson
Articles
No abstract provided.
Bioethics And The Family: The Cautionary View From Family Law, Carl E. Schneider
Bioethics And The Family: The Cautionary View From Family Law, Carl E. Schneider
Articles
For many years, the field of bioethics has been specially concerned with how the authority to make medical decisions should be allocated between doctor and patient. Today the patient's power-indeed, the patient's right-is widely acknowledged, at least in principle. But this development can hardly be the last word in our thinking about how medical decisions should be made. For one thing, sometimes patients cannot speak for themselves. For another, patients· make medical decisions in contexts that significantly include more participants than just the patient and doctor. Now, as this conference demonstrates, bioethics is beginning to ask what role the patient's …
The Public Trust Doctrine And Coastal Zone Management In Washington State, Ralph W. Johnson, Craighton Goeppele, David Jansen, Rachael Paschal
The Public Trust Doctrine And Coastal Zone Management In Washington State, Ralph W. Johnson, Craighton Goeppele, David Jansen, Rachael Paschal
Articles
The public trust doctrine is an ancient doctrine that has recently emerged as a powerful tool to protect the public interest in tidelands and shorelands. Created and developed by the judiciary, the doctrine's principles have found their way into several of Washington's regulatory statutes, such as the Shoreline Management Act and the Aquatic Lands Act. This Article traces the development of the doctrine in Washington, and explains the relation between the state's police power and the public trust doctrine. This Article also sets forth the current contours of the public trust doctrine in Washington, and charts potential future developments of …
Ruminations On Lucas V. South Carolina Coastal Council: An Introduction To An Amicus Curiae Brief, Richard A. Epstein
Ruminations On Lucas V. South Carolina Coastal Council: An Introduction To An Amicus Curiae Brief, Richard A. Epstein
Articles
No abstract provided.
Medieval Iceland And Modern Scholarship (Reviewing William Ian Miller, Bloodtaking And Peacemaking: Feud, Law And Society In Saga Iceland (1990)), Richard A. Posner
Medieval Iceland And Modern Scholarship (Reviewing William Ian Miller, Bloodtaking And Peacemaking: Feud, Law And Society In Saga Iceland (1990)), Richard A. Posner
Articles
No abstract provided.
Imagining A Free Press, Geoffrey R. Stone
Coordinating Sanctions For Corporate Misconduct: Civil Or Criminal Punishment, David Yellen, Carl J. Mayer
Coordinating Sanctions For Corporate Misconduct: Civil Or Criminal Punishment, David Yellen, Carl J. Mayer
Articles
No abstract provided.
The Channelling Function In Family Law, Carl E. Schneider
The Channelling Function In Family Law, Carl E. Schneider
Articles
On an occasion such as this, we are called to step back from our daily work to seek what Justice Holmes called a "liberal view" of our subject. Today, I propose to do so by exploring a function of family law that I believe is basic, that underlies much of family law, that resonates with the deepest purposes of culture but that is rarely addressed expressly-namely, what I call the "channelling function." As I will soon explain at length, in the channelling function the law recruits, builds, shapes, sustains; and promotes social institutions. My exploration of this topic will have …
Fifth Amendment Takings Implications Of The 1990 Native American Graves Protection And Repatriation Act, Ralph W. Johnson, Sharon I. Haensly
Fifth Amendment Takings Implications Of The 1990 Native American Graves Protection And Repatriation Act, Ralph W. Johnson, Sharon I. Haensly
Articles
In November 1990, Congress passed the Native American Graves Protection and Repatriation Act ("NAGPRA"). NAGPRA provides for the protection and disposition of Native American cultural items discovered on federal or tribal lands after NAGPRA's effective date. NAGPRA also addresses disposition of those objects currently held or controlled by federal agencies and museums. NAGPRA represents Congress' attempt to resolve years of debate between tribes, archaeologists, and museums. Like any legislative pronouncement, however, Congress left key issues to agencies and courts to resolve. This article focuses upon one such area, namely, Fifth Amendment takings questions that may arise when tribes or individual …
Rights And 'Rights Talk' (Reviewing Mary Ann Glendon, Rights Talk: The Impoverishment Of Political Discourse (1991)), Richard A. Epstein
Rights And 'Rights Talk' (Reviewing Mary Ann Glendon, Rights Talk: The Impoverishment Of Political Discourse (1991)), Richard A. Epstein
Articles
No abstract provided.
The Role Of A Bill Of Rights, David A. Strauss
Bailment Theories And The Liability Of Bailees: The Elusive Uniform Standard Of Reasonable Care, Richard H. Helmholz
Bailment Theories And The Liability Of Bailees: The Elusive Uniform Standard Of Reasonable Care, Richard H. Helmholz
Articles
No abstract provided.
Abstraction And Authority, Frank H. Easterbrook
Partnerships, Limited Liability Companies, And Taxes: A Comment On The Survival Of Organizational Forms, Saul Levmore
Partnerships, Limited Liability Companies, And Taxes: A Comment On The Survival Of Organizational Forms, Saul Levmore
Articles
No abstract provided.
Legal Reasoning From The Top Down And From The Bottom Up: The Question Of Unenumerated Constitutional Rights, Richard A. Posner
Legal Reasoning From The Top Down And From The Bottom Up: The Question Of Unenumerated Constitutional Rights, Richard A. Posner
Articles
No abstract provided.
Biology, Difference, And Gender Discrimination, David A. Strauss
Biology, Difference, And Gender Discrimination, David A. Strauss
Articles
No abstract provided.
Justice Blackmun And Individual Rights, Diane P. Wood
Book Review (Reviewing Reinhard Zimmermann, The Law Of Obligations: Roman Foundations Of The Civilian Tradition (1990)), Richard H. Helmholz
Book Review (Reviewing Reinhard Zimmermann, The Law Of Obligations: Roman Foundations Of The Civilian Tradition (1990)), Richard H. Helmholz
Articles
No abstract provided.
Free Speech Now, Cass R. Sunstein
On Truisms And Constitutional Obligations: A Response, David A. Strauss, Cass R. Sunstein
On Truisms And Constitutional Obligations: A Response, David A. Strauss, Cass R. Sunstein
Articles
No abstract provided.
Yee V. City Of Escondido: The Supreme Court Strikes Out Again, Richard A. Epstein
Yee V. City Of Escondido: The Supreme Court Strikes Out Again, Richard A. Epstein
Articles
No abstract provided.
A Common Lawyer Looks At Constitutional Interpretation, Richard A. Epstein
A Common Lawyer Looks At Constitutional Interpretation, Richard A. Epstein
Articles
No abstract provided.
Should Congress Pass Legislation Restoring The Broader Interpretation Of Free Exercise Of Religion?, Michael W. Mcconnell
Should Congress Pass Legislation Restoring The Broader Interpretation Of Free Exercise Of Religion?, Michael W. Mcconnell
Articles
No abstract provided.