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1998

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Institution
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Articles 1 - 30 of 212

Full-Text Articles in Law

Democratic Formalism, A Matter Of Interpretation, Cass R. Sunstein Dec 1998

Democratic Formalism, A Matter Of Interpretation, Cass R. Sunstein

Articles

No abstract provided.


The Abiding Relevance Of Federalism To U.S. Foreign Relations, Jack L. Goldsmith, Curtis A. Bradley Oct 1998

The Abiding Relevance Of Federalism To U.S. Foreign Relations, Jack L. Goldsmith, Curtis A. Bradley

Articles

No abstract provided.


The Problematics Of Moral And Legal Theory, Richard A. Posner May 1998

The Problematics Of Moral And Legal Theory, Richard A. Posner

Articles

In these Holmes Lectures, delivered a century after the publication of Oliver Wendell Holmes's great essay The Path of the Law, Judge Posner argues for an essentially Holmesian conception of the proper relations among modern normative moral philosophy ("academic moralism"), morality, and law. Academic moralism, he argues, lacks either the intellectual cogency or the emotional power to change people's beliefs or behavior; the power to do so resides in "moral entrepreneurs," which academic moralists emphatically are not. Academic moralism's lack of cogency disqualifies it to guide judicial decisionmaking even - in fact, especially - in cases involving controversial moral ...


A Behavioral Approach To Law And Economics, Cass R. Sunstein, Christine Jolls, Richard H. Thaler May 1998

A Behavioral Approach To Law And Economics, Cass R. Sunstein, Christine Jolls, Richard H. Thaler

Articles

Economic analysis of law usually proceeds under the assumptions of neoclassical economics. But empirical evidence gives much reason to doubt these assumptions; people exhibit bounded rationality, bounded self-interest, and bounded willpower. This article


Hard Cases, Carl E. Schneider Mar 1998

Hard Cases, Carl E. Schneider

Articles

Robert Latimer was born in 1953 on a farm on the prairies of Saskatchewan and grew up to own a 1,280-acre farm. In 1980 he married, and that year Tracy, the first of four children, was born. During her birth, Tracy's brain was terribly damaged by lack of oxygen, and severe cerebral palsy ensued. By 1993 Tracy could laugh, smile, and cry, and she could recognize her parents and her siblings. But she could not understand her own name or even simple words like "yes" and "no." She could not swallow well and would so often vomit her ...


Law Firms On The Big Board?: A Proposal For Nonlawyer Investment In Law Firms, Edward S. Adams, John H. Matheson Jan 1998

Law Firms On The Big Board?: A Proposal For Nonlawyer Investment In Law Firms, Edward S. Adams, John H. Matheson

Articles

Every state has a rule proscribing nonlawyer investment in law firms. This sixty-plus-year-old prohibition has created an inefficient legal services market. Firms cannot access capital markets, limiting their opportunities for expansion, curtailing investments in technology and training, and hindering competition. Furthermore, every jurisdiction except the District of Columbia prohibits lawyers from entering into a business association with nonlawyers as partners or directors if the business provides legal services. These prohibitions against nonlawyer investment and participation in law firms have long hindered the legal profession with no signs of change. This Article advocates that these prohibitions be lifted. It discusses the ...


The Stein Years--A Time Of Advancement And Prosperity, Edward S. Adams Jan 1998

The Stein Years--A Time Of Advancement And Prosperity, Edward S. Adams

Articles

When the seven-year administrationof the school's sixth dean,CarlA Auerbach,ended,thenewLawSchoolbuildinghad become a reality, and Dean Auerbach's principal goal was achieved. As Auerbachpassedthe torchto RobertA Stein, how- ever, he did so amid controversy and widespreadfrustration at the Law School with the legislatureregardingbudgets and class size. Stein,atageforty,wasyoung,energetic,andableto achieve the balanceofwhatDeanAuerbach termed "scholarlyattainment with administrativesavvy." As Stein ascended to the ranks of what he describedas "thebest law school deanshipopportunity in the country,"' he was unanimously viewed as an "extremely ener- getic, enthusiasticand responsive man. 2 Chosen because he was perceived by both faculty members and ...


Third-Party Defenses To Mortgages, Ann Burkhart Jan 1998

Third-Party Defenses To Mortgages, Ann Burkhart

Articles

When the holder of a note and mortgage 1 asserts its rights, well-established law delineates what defenses are available to those who are liable for the debt. However, in some cases a person who is not liable for the debt-a "third party" to the loan transaction-may have a defense against the holder's action. Although the third party is not liable for the debt, it may have an interest in the mortgaged land or in the mortgage itself. Unfortunately, the law is not nearly as clear in this situation. The confusion arises in large part because the laws concerning notes ...


An Analysis Of The Forty-Ninth Session Of The United Nations Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Shinobu Garrigues, Roman Kroke Jan 1998

An Analysis Of The Forty-Ninth Session Of The United Nations Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Shinobu Garrigues, Roman Kroke

Articles

The United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities convened its 49th Session from August 4 through August 29, 1997, in Geneva, Switzerland. 1 Under the authority of the U.N. Charter, the Economic and Social Council (ECOSOC) established the Sub-Commission in 1947 as a subsidiary body of the Commission on Human Rights. 2 ECOSOC also created two other sub-commissions at the same time, one to focus on women's rights 3 and the other to deal with freedom of information and freedom of the press. 4 The original mandate of the Sub-Commission was to recommend standards ...


Brief Summary Of The 50th Session Of The United Nations Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Mayra Gomez, Bret Thiele Jan 1998

Brief Summary Of The 50th Session Of The United Nations Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Mayra Gomez, Bret Thiele

Articles

The United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities (Sub-Commission) met in Geneva, Switzerland, from 3 to 28 August 1998 for its fiftieth session.' The Sub-Commission is a subsidiary body of the Commission on Human Rights (Commission). It is composed of 26 members who are nominated by their respective governments and elected to staggered four-year terms by the Commission. Under the principle of geographic distribution, the Sub-Commission has seven members from Africa, five from Latin America, five from Asia, three from Eastern Europe, and six from Western Europe and Other (including Australia, Canada, New Zealand, and the ...


A Feminist Interpretation Of The Law Of Legitimacy, Mary Louise Fellows Jan 1998

A Feminist Interpretation Of The Law Of Legitimacy, Mary Louise Fellows

Articles

I am actually going to continue Professor Ead's discussion on procreation and think about it in a slightly different way. As an inheritance law scholar, the definition of the parent-child relationship has obvious importance to me because it determines who is an heir. As a feminist scholar, the definition is also significant to me because the legal rules regarding the parent-child relationship provide a unique perspective on the dialectical link between property and family.


The Race To Innocence: Confronting Hierarchical Relations Among Women, Mary Louise Fellows, Sherene Razack Jan 1998

The Race To Innocence: Confronting Hierarchical Relations Among Women, Mary Louise Fellows, Sherene Razack

Articles

No abstract provided.


Juvenile And Criminal Justice Systems' Responses To Youth Violence, Barry C. Feld Jan 1998

Juvenile And Criminal Justice Systems' Responses To Youth Violence, Barry C. Feld

Articles

Within the past decade, nearly every state has amended its juvenile code in response to perceived increases in serious, persistent, and violent youth crime. These changes diminish the jurisdiction of juvenile courts as judicial decisions and statutory changes transfer more youths from juvenile courts to criminal courts so that young offenders can be sentenced as adults. Amendments to juvenile sentencing laws increase the punitiveness of sanctions available to juvenile court judges. Other strategies attempt to "blend," or merge, juvenile and criminal court jurisdiction and sentencing authority over violent young offenders. These "get tough" policies affect the numbers and types of ...


At The End Of Palsgraf, There Is Chaos: An Assessment Of Proximate Cause In Light Of Chaos Theory, Edward S. Adams, Gordon B. Brumwell, James A. Glazier Jan 1998

At The End Of Palsgraf, There Is Chaos: An Assessment Of Proximate Cause In Light Of Chaos Theory, Edward S. Adams, Gordon B. Brumwell, James A. Glazier

Articles

Palsgraf articulated the doctrine of proximate cause, necessary to prove the tort of negligence. Palsgraf needs to be reexamined in light of today's understanding of cause and effect. The case concerned a woman (Mrs. Palsgraf) standing on a train platform who was injured by a roof tile that fell as the result of the vibrations caused by the explosion of another passenger's package. Mrs. Palsgraf sued the railway for negligence and prevailed at the trial court level. The New York Court of Appeals reversed the trial court, however, holding that the railway company's actions were not the ...


Constructing A Jury That Is Both Impartial And Representative: Utilizing Cumulative Voting In Jury Selection, Edward S. Adams, Christian J. Lane Jan 1998

Constructing A Jury That Is Both Impartial And Representative: Utilizing Cumulative Voting In Jury Selection, Edward S. Adams, Christian J. Lane

Articles

One of the main and ongoing problems plaguing the American jury system has been ensuring that juries in civil and criminal trials are truly representative of the communities in which they serve. Historically, minorities have been disproportionately excluded from jury service. This shortfall results from a combination of factors at each stage of the juror identification process. At the jury pool stage, juror notification methods often fail to identify or reach minorities for tie simple reason that minorities generally are poorer and more transient. At the venire stage, those minorities who actually receive notification report to the courthouse at a ...


Committed Partners And Inheritance: An Empirical Study, Mary Louise Fellows, Monica Kirkpatrick Johnson, Amy Chiericozzi, Ann Hale, Christopher Lee, Robin Preble, Michael Voran Jan 1998

Committed Partners And Inheritance: An Empirical Study, Mary Louise Fellows, Monica Kirkpatrick Johnson, Amy Chiericozzi, Ann Hale, Christopher Lee, Robin Preble, Michael Voran

Articles

There is widespread recognition that U.S. households have changed dramatically in the latter half of the twentieth century. 1 The changes include an increased number of blended families, 2 single-parent households, 3 and unmarried same-sex and opposite-sex committed couples, including some with children. 4 The transformation taking place in U.S. households implicates property law and vice versa. In recognition of the changing U.S. household and the symbiotic relationship between wealth transmission and family, we undertook an empirical study designed to assess public attitudes about the inclusion of surviving committed partners as heirs. This Article reports our findings.


Diversity Deferred, Joan Howland Jan 1998

Diversity Deferred, Joan Howland

Articles

"Serendipity" is the first five-syllable word I could either pronounce or comprehend. The addition of this word to my vocabulary at the age of ten was not the result of any intellectual prowess on my part, but rather the fortuitous consequence of having two bright, multitalented, highly competitive, older siblings. Since preschool age, as is often the torturous plight of the youngest child in a family, I was forever being cast in the role of a practice audience for speeches, debate competitions, poetry recitations, talent contests, mock interviews, and cheerleader tryouts. Although I complained bitterly, this was actually relatively light ...


Youth Violence In America, Mark H. Moore, Michael Tonry Jan 1998

Youth Violence In America, Mark H. Moore, Michael Tonry

Articles

No abstract provided.


Demystifying Federal Labor And Employment Law Preemption, Stephen F. Befort Jan 1998

Demystifying Federal Labor And Employment Law Preemption, Stephen F. Befort

Articles

Federal preemption is an increasingly important area of expertise for labor and employment lawyers. As the sheer volume of laws and cases governing the workplace continues to multiply, so does the need to accommodate the respective spheres of federal and state regulation. For both employee and employer representatives, an understanding of federal preemption law is crucial for navigating the current maze of multiple claims and forums.


The Origins Behind The Limited Liability Company, Susan P. Hamill Jan 1998

The Origins Behind The Limited Liability Company, Susan P. Hamill

Articles

This Article documents the story behind the complex origins of the Limited Liability Company (LLC). Using unpublished letters, memoranda, and other documents, this Article shows the inside story of the interest group activity responsible for inventing the first LLC statute in 1977, the initial battle fought by the early LLC proponents to secure partnership classification from the Internal Revenue Service, and the organized efforts of LLC proponents in the 1990s lobbying the IRS for more favorable partnership classification rules, while encouraging the states to enact statutes. Professor Hamill offers a unique perspective on the story of the LLC through her ...


Us Supreme Court Confronts 'Right To Die', Bruce Carolan Jan 1998

Us Supreme Court Confronts 'Right To Die', Bruce Carolan

Articles

This article covers the US Supreme Court's decisions regarding physician-assisted suicide for a UK audience.


Intermediate Sanctions In Sentencing Guidelines, Michael Tonry Jan 1998

Intermediate Sanctions In Sentencing Guidelines, Michael Tonry

Articles

No abstract provided.


Why It's Not Free Speech Versus Fair Trial, David A. Strauss Jan 1998

Why It's Not Free Speech Versus Fair Trial, David A. Strauss

Articles

No abstract provided.


Efficiency And Conspiracy: Conflicts Of Interest, Anti-Nepotism Rules, And Separation Strategies, Saul Levmore Jan 1998

Efficiency And Conspiracy: Conflicts Of Interest, Anti-Nepotism Rules, And Separation Strategies, Saul Levmore

Articles

No abstract provided.


Race And Selective Prosecution: Discovering The Pitfalls Of Armstrong, Richard H. Mcadams Jan 1998

Race And Selective Prosecution: Discovering The Pitfalls Of Armstrong, Richard H. Mcadams

Articles

No abstract provided.


Placing Shame In Context: A Response To Thomas Scheff On Community Conferences And Therapeutic Jurisprudence, Bernard E. Harcourt Jan 1998

Placing Shame In Context: A Response To Thomas Scheff On Community Conferences And Therapeutic Jurisprudence, Bernard E. Harcourt

Articles

No abstract provided.


Reply To Critics Of The Problematics Of Moral And Legal Theory, Richard A. Posner Jan 1998

Reply To Critics Of The Problematics Of Moral And Legal Theory, Richard A. Posner

Articles

No abstract provided.


When The Taking Itself Is Just Compensation, Lior Strahilevitz Jan 1998

When The Taking Itself Is Just Compensation, Lior Strahilevitz

Articles

No abstract provided.


Deepening Democracy: Mongolia, Tom Ginsburg Jan 1998

Deepening Democracy: Mongolia, Tom Ginsburg

Articles

No abstract provided.


Bad Incentives And Bad Institutions, Cass R. Sunstein Jan 1998

Bad Incentives And Bad Institutions, Cass R. Sunstein

Articles

No abstract provided.