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Full-Text Articles in Law
Prudence, Information, And Trust Investment Law, John A. Humbach
Prudence, Information, And Trust Investment Law, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
Professors Langbein and Posner recently proposed that fiduciaries be allowed to invest in market funds under a relaxation of the prudent investor standard. But a relaxation of the selectivity requirements may be destructive of capital market efficiency and perhaps of the capital markets themselves.
Landlord Control Of Tenant Behavior: An Instance Of Private Environmental Legislation, John A. Humbach
Landlord Control Of Tenant Behavior: An Instance Of Private Environmental Legislation, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
The present Article suggests that the problem of incompatible neighboring tenants can be most efficiently and "justly" dealt with by permitting a substantial degree of landlord control over tenant behavior-with the removal of offending tenants, at the landlord's instance, being the most effective sanction of ultimate recourse in the effectuation of such control. For some courts, ceding this power of control to landlords would require a measure of constraint which they may find uncustomary or even distasteful. As institutions charged with doing justice, the courts' instinct to intervene in the norm-creating process is undoubtedly great, even when the parties before …
Remittitur Practice In The Federal Courts, Irene D. Johnson
Remittitur Practice In The Federal Courts, Irene D. Johnson
Elisabeth Haub School of Law Faculty Publications
The first section of this Note examines and evaluates the mechanics of remittitur procedure in the federal courts. The second section focuses on the major unresolved issue of remittitur procedure: whether a plaintiff who elects to remit is entitled to appellate review of the remittitur order. The final section of the Note evaluate remitting-plaintiff appeal procedures and suggest some ways in which federal remittitur procedure might be made more efficient and more responsive to policy objectives.
Protecting America's Cultural And Historical Patrimony, James J. Fishman
Protecting America's Cultural And Historical Patrimony, James J. Fishman
Elisabeth Haub School of Law Faculty Publications
This Article suggests the procedures which the authors believe would effectively regulate the legal export of art works and be consistent with other foreign trade policies, while not unduly restricting free trade nor discouraging cultural exchange.
Urban Environmental Law: Emergent Citizens' Rights For The Aesthetic, The Spiritual, And The Spacious, Nicholas A. Robinson
Urban Environmental Law: Emergent Citizens' Rights For The Aesthetic, The Spiritual, And The Spacious, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
While articles on the urban environment often deal with statutory and administrative action, this article presents a different perspective, that of citizen enforcement and the judicial consequences of such a development. Illustrative of the emergent role of courts in enforcing citizens' claims are the areas of historic preservation, noise regulation, and the use of environmental impact statements.