Law Commons^™

Group Libel Versus Free Speech: When Big Brother Should Butt In, Kenneth Lasson

All Faculty Scholarship

The year 1984 may not have fulfilled Orwellian prophecies of governmental totalitarianism, but citizens of the world remain no less concerned about the quality of their civil liberties. If people could live peacefully and productively together under a strict caste system, or blissfully in enslavement, there would be little impetus to identify 'natural rights' nor insistence upon what we know as 'freedom.' But human experience has amply demonstrated the universal yearning for personal liberty, as well as the need to legislate against its deprivation.

Thus Big Brother has been the enemy from long before the Magna Carta and long since …

Justice, Mercy, And Craziness, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

Doj Adds Revisionist Dollop To '82 Merger Guidelines, Joe Sims, Robert H. Lande

All Faculty Scholarship

No abstract provided.

Involuntary Servitude: The Current Enforcement Of Employee Covenants Not To Compete – A Proposal For Reform, Phillip J. Closius, Henry M. Schaffer

All Faculty Scholarship

A covenant not to compete is a contractual restriction upon an individual's ability to compete with another person or entity following the termination of some transaction or relationship between the two. Because of the increasing emphasis in the American economy on technically skilled employees and service oriented businesses, the covenant not to compete has become a standard addition to employment contracts. Moreover, the number of litigated and reported cases may represent only a small percentage of the actual number of employment restrictions currently in force. Regardless of their validity and enforceability, covenants not to compete chill the free movement of …

Public Land Banking And Mount Laurel Ii — Can There Be A Symbiotic Relationship?, Cassandra Jones Havard

All Faculty Scholarship

The story behind the litigation that produced two decisions in Southern Burlington County NAACP v. Township of Mount Laurel may accurately be told in terms of plans having gone awry. The New Jersey Supreme Court invalidated the two attempts by Mount Laurel to regulate land through the implementation of fiscal zoning ordinances. In its most recent decision, Mount Laurel II, the court imposed upon communities a state constitutional obligation to provide adequate housing opportunities for low- and moderate-income families. Mount Laurel II thus defines the constitutional limitations on a municipality's power to regulate land. It also establishes a supporting corollary: …

And The Whole Earth Was Of One Language: A Broad View Of Dispute Resolution, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Backing Off Bivens And The Ramifications Of This Retreat For The Vindication Of First Amendment Rights, Joan E. Steinman

All Faculty Scholarship

No abstract provided.

Siting New Or Expanded Treatment, Storage And Disposal Facilities: The Pigs In The Parlors Of The 1980s, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

Constitutional Wrongs Without Remedies: Executive Official Immunity, Sheldon Nahmod

All Faculty Scholarship

No abstract provided.

Damages And Injunctive Relief Under Section 1983, Sheldon Nahmod

All Faculty Scholarship

No abstract provided.

The Section 1983 Damage Action: An Overview, Sheldon Nahmod

All Faculty Scholarship

No abstract provided.

State Adoption Of Federal Law - Legislative Abdication Or Reasoned Policymaking?, Arnold Rochvarg

All Faculty Scholarship

There is little doubt that in order to best fulfill public policy goals,

coordination between the federal and state governments is

desirable.' Coordination has been sought over the years, for example,

by federal grants-in-aid, and the enactment of federal laws which are

dependent upon state law. One technique which has been employed

by the states to further coordinate state and federal law is incorporation

of federal law into state law. Although it is beyond question that

there is no constitutional problem when a state legislature adopts

existing federal law or regulations: constitutional questions do arise

when a state attempts to …

Antitrust Law And Economic Analysis: The Swedish Approach, David J. Gerber

All Faculty Scholarship

No abstract provided.

Beyond Balancing: International Law Restraints On The Reach Of National Laws, David J. Gerber

All Faculty Scholarship

No abstract provided.

Mineral Facts And Fictions,, Richard W. Wright

All Faculty Scholarship

No abstract provided.

Antitrust Law And Economic Analysis: The Swedish Approach, David Gerber

All Faculty Scholarship

No abstract provided.

Collins Seitz: A Noble Career, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

The Economics And Jurisprudence Of Convertible Bonds, William W. Bratton

All Faculty Scholarship

Professor Bratton examines judicial regulation of issuer-bondholder conflicts of interest within three different, but closely related doctrinal frameworks: neoclassical contract interpretation; contract avoidance; and corporate law fiduciary restraint. After discussing the elements of convertible bond valuation and their interaction with issuer actions giving rise to conflicts of interest, he evaluates the case for judicial intervention to protect bondholder interests. He concludes that ·bondholder protective intervention is fair and tolerably efficient, provided it is kept within the bounds of contract interpretation. But he finds that more aggressive judicial intervention under the frameworks of contract avoidance and fiduciary restraint carries an unnecessary …

Displacement And Urban Reinvestment: A Mount Laurel Perspective, Peter W. Salsich

All Faculty Scholarship

This article discusses the continuing national debate concerning the responsibility that local governments should accept when residents are forced to leave their homes as a result of reinvestment activities encouraged by the cities and funded in part with public funds. The author explains the many different forms that reinvestment displacement may take and traces the legislative and judicial response to this issue. Despite what the author refers to as a considerable amount of buck passing, the article points out resources that are being made available to combat displacement. The article highlights the Supreme Court of New Jersey opinion in the …

Allocational Sanctions: The Problem Of Negative Rights In A Positive State, Seth F. Kreimer

All Faculty Scholarship

No abstract provided.

Remembering Ed Sparer, Howard Lesnick

All Faculty Scholarship

No abstract provided.

Criminal Liability For Omissions: A Brief Summary And Critique Of The Law In The United States, Paul H. Robinson

All Faculty Scholarship

Criminal liability for an omission is imposed in two distinct situations. First, such liability is often imposed explicitly in offense definitions that punish a failure to perform certain conduct. For example, it is an offense to fail to file a tax return. Second, it is also common for a general provision, apart from an offense definition, to create omission liability for an offense defined in commission terms. Parents, for example, are generally given the legal duty to care for their children. A parent may be held liable for criminal homicide, then, where death results from a failure to perform this …

Undiminished Confusion In Diminished Capacity, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

Imputed Criminal Liability, Paul H. Robinson

All Faculty Scholarship

Typically, the set of elements defining a crime comprise what may be called the paradigm of liability for that offense: An actor is criminally liable if and only if the state proves all these elements. The paradigm of an offense, however, does not always determine criminal liability. Even where all the elements of the paradigm are proven, rules and doctrines create exceptions that affect criminal liability. Some exceptions, such as insanity, duress, and law enforcement authority, can exculpate an actor even though his conduct and state of mind satisfy the paradigm for the offense charged. Such exculpating exceptions are grouped …

The Interpretation Of Contracts Governing Corporate Debt Relationships, William W. Bratton

All Faculty Scholarship

No abstract provided.

Judge Friendly's Contributions To Securities Law And Criminal Procedure: "Moderation Is All", Frank Goodman

All Faculty Scholarship

No abstract provided.