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Full-Text Articles in Law

The Classical Corporation In American Legal Thought, Herbert J. Hovenkamp Jan 1988

The Classical Corporation In American Legal Thought, Herbert J. Hovenkamp

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Classical political economy was dedicated to the principle that the state could best encourage economic development by leaving entrepreneurs alone, free of regulation and subsidy. The development of classical economic policy in the United States dramatically changed the concept of the business corporation. Within the preclassical, mercantilist model, the corporation was a unique entity created by the state for a special purpose and enjoyed a privileged relationship with the sovereign. The very act of incorporation presumed state involvement. State subsidy and the incorporators' public obligation were natural corollaries. Business firms that relied on the market alone to determine their prospects …


Four Predictions For The Criminal Law Of 2043, Paul H. Robinson Jan 1988

Four Predictions For The Criminal Law Of 2043, Paul H. Robinson

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The Model Penal Code has all the markings of an historic document. It is a sophisticated and enlightened model for penal reform that has put the United States in the front row of reformers. And many believe that the likes of such an historic reform will not come again for more than another century. In my view, it can hardly be disputed that the Code is an historic document. It is less clear, however, that we should not expect a dramatically different code before another century.


The Chancellor's Boot, Stephen B. Burbank Jan 1988

The Chancellor's Boot, Stephen B. Burbank

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No abstract provided.


The Federalist's Plain Meaning: Reply To Tushnet, Anita L. Allen Jan 1988

The Federalist's Plain Meaning: Reply To Tushnet, Anita L. Allen

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No abstract provided.


Of Rules And Discretion: The Supreme Court, Federal Rules And Common Law, Stephen B. Burbank Jan 1988

Of Rules And Discretion: The Supreme Court, Federal Rules And Common Law, Stephen B. Burbank

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No abstract provided.


Reply To Cornel West, William Ewald Jan 1988

Reply To Cornel West, William Ewald

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No abstract provided.


Treating Crazy People Less Specially, Stephen J. Morse Jan 1988

Treating Crazy People Less Specially, Stephen J. Morse

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No abstract provided.


Employer Abuse, Worker Resistance, And The Tort Of Intentional Infliction Of Emotional Distress, Regina Austin Jan 1988

Employer Abuse, Worker Resistance, And The Tort Of Intentional Infliction Of Emotional Distress, Regina Austin

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No abstract provided.