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Articles 1 - 30 of 105
Full-Text Articles in Law
Individual Autonomy And Collective Empowerment In Labor Law: Union Membership Resignations And Strikebreaking In The New Economy, David Abraham
Individual Autonomy And Collective Empowerment In Labor Law: Union Membership Resignations And Strikebreaking In The New Economy, David Abraham
Articles
In this Article, Doctor Abraham studies the tensions between individual rights and theories of collective action in the context of union membership resignations and strikebreaking. He argues that recent judicial and executive tendencies to value individual worker autonomy over collective union action are misguided, lacking a basis in both legal precedent and social reality. In support of his view, Abraham first explores the philosophical and historical-sociological roots of labor and labor-capital relations, focusing on the meaning of employment and the history of collective action. Next, he examines the social and legal origins of the judiciary's recent tendency to increase union …
Perspectives On The Deferral Of U.S. Taxation Of The Earnings Of Foreign Corporations, Joseph Isenbergh
Perspectives On The Deferral Of U.S. Taxation Of The Earnings Of Foreign Corporations, Joseph Isenbergh
Articles
No abstract provided.
Racism And Legal Doctrine (Reviewing Derrick Bell, And We Are Not Saved (1987)), Mary E. Becker
Racism And Legal Doctrine (Reviewing Derrick Bell, And We Are Not Saved (1987)), Mary E. Becker
Articles
No abstract provided.
Irregular' Asylum Seekers: What's All The Fuss?, James C. Hathaway
Irregular' Asylum Seekers: What's All The Fuss?, James C. Hathaway
Articles
In 1985, the Executive Committee of UNHCR noted its concern about "the growing phenomenon of refugees and asylum-seekers who, having found protection in one country, move in an irregular manner to another country..." (Conclusion No. 36, para. j). At first glance, one might not view this conclusion as objectionable. With all of the millions of refugees in the world, most of who have no protection, why should we be concerned about the lot of a bunch of ingrates who, having already found protection, now want to move on in search of greener pastures? Don't we really have better things to …
Appellate Review Of Refusals To Depart, David Yellen
Lawyers And Informal Justice: The Case Of A Public Housing Eviction Board, Richard O. Lempert, Karl Monsma
Lawyers And Informal Justice: The Case Of A Public Housing Eviction Board, Richard O. Lempert, Karl Monsma
Articles
When lawyers think of civil procedure they almost invariably think of the rules of civil procedure and the formality they entail. A course in civil procedure focusing almost exclusively on the Federal Rules of Civil Procedure is in most law schools part of the traditional first-year curriculum. Indeed some would argue that it is at the core of that curriculum, for more than any other first-year course it takes students away from familiar moral anchors and instructs them in a set of distinctively legal practices and values. The ability to manipulate the legal system's rules of procedure is the most …
Terrorism On The High Seas: The Achille Lauro, Piracy And The Imo Convention On Maritime Safety, Malvina Halberstam
Terrorism On The High Seas: The Achille Lauro, Piracy And The Imo Convention On Maritime Safety, Malvina Halberstam
Articles
No abstract provided.
Feminism Unmodified, Cass R. Sunstein
The Insignificance Of Macroeconomics In Patent Antitrust Law: A Comment On Millstein, Richard A. Posner
The Insignificance Of Macroeconomics In Patent Antitrust Law: A Comment On Millstein, Richard A. Posner
Articles
No abstract provided.
A Passion For Justice, Geoffrey R. Stone
Legality, Activism, And The Patronage Case, David A. Strauss
Legality, Activism, And The Patronage Case, David A. Strauss
Articles
No abstract provided.
Strategic Delays And Fiduciary Duties, Saul Levmore
Classical Legal Tradition, Richard A. Epstein
Recharacterizations And The Nature Of Theory In Corporate Tax Law, Saul Levmore
Recharacterizations And The Nature Of Theory In Corporate Tax Law, Saul Levmore
Articles
No abstract provided.
Wally Tributes, Geoffrey R. Stone
The Role Of Original Intent In Statutory Construction, Frank H. Easterbrook
The Role Of Original Intent In Statutory Construction, Frank H. Easterbrook
Articles
No abstract provided.
Modern Republicanism--Or The Flight From Substance, Richard A. Epstein
Modern Republicanism--Or The Flight From Substance, Richard A. Epstein
Articles
No abstract provided.
Charles O. Gregory--An Appreciation From The Wings, Richard A. Epstein
Charles O. Gregory--An Appreciation From The Wings, Richard A. Epstein
Articles
No abstract provided.
Bargaining After The Fall And The Contours Of The Absolute Priority Rule, Douglas G. Baird, Thomas H. Jackson
Bargaining After The Fall And The Contours Of The Absolute Priority Rule, Douglas G. Baird, Thomas H. Jackson
Articles
No abstract provided.
Sexual Orientation And The Constitution: A Note On The Relationship Between Due Process And Equal Protection Essays, Cass R. Sunstein
Sexual Orientation And The Constitution: A Note On The Relationship Between Due Process And Equal Protection Essays, Cass R. Sunstein
Articles
No abstract provided.
The Ubiquity Of Prophylactic Rules, David A. Strauss
The Constitution In The Supreme Court: 1946-1953, David P. Currie
The Constitution In The Supreme Court: 1946-1953, David P. Currie
Articles
No abstract provided.
Beyond The Republican Revival, Cass R. Sunstein
Beyond The Republican Revival, Cass R. Sunstein
Articles
In this Article, Professor Sunstein describes those aspects of republicanism that have the strongest claim to contemporary support, outlines the role of republican thought in the founding period, and explores some of the implications of republicanism for modern public law. Sunstein claims that the basic republican commitments involve (1) deliberation in government; (2) political equality; (3) universality, or agreement as a regulative ideal; and (4) citizenship. Professor Sunstein contends that all of these commitments played an important role during the founding period, generating a distinctive conception of governance. In his view, the common opposition between liberalism and republicanism is a …
The Law Of Easements And Licenses In Land, Richard H. Helmholz
The Law Of Easements And Licenses In Land, Richard H. Helmholz
Articles
No abstract provided.
Stability And Reliability In Judicial Decisions, Frank H. Easterbrook
Stability And Reliability In Judicial Decisions, Frank H. Easterbrook
Articles
No abstract provided.
Foreword: Unconstitutional Conditions, State Power, And The Limits Of Consent, Richard A. Epstein
Foreword: Unconstitutional Conditions, State Power, And The Limits Of Consent, Richard A. Epstein
Articles
No abstract provided.
The Depiction Of Law In The Bonfire Of The Vanities, Richard A. Posner
The Depiction Of Law In The Bonfire Of The Vanities, Richard A. Posner
Articles
No abstract provided.
Precedent, The Amendment Process, And Evolution In Constitutional Doctrine, Geoffrey R. Stone
Precedent, The Amendment Process, And Evolution In Constitutional Doctrine, Geoffrey R. Stone
Articles
No abstract provided.
Aids Testing In The Health Care Setting, James D. Holzhauer
Aids Testing In The Health Care Setting, James D. Holzhauer
Articles
No abstract provided.
The Twentieth-Century Revolution In Family Wealth Transmission, John H. Langbein
The Twentieth-Century Revolution In Family Wealth Transmission, John H. Langbein
Articles
No abstract provided.