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1985

Articles

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Institution
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Articles 31 - 60 of 90

Full-Text Articles in Law

Explaining Restitution, Saul Levmore Jan 1985

Explaining Restitution, Saul Levmore

Articles

No abstract provided.


Mediation With A Mugger: The Shortage Of Adjudicative Services And The Need For A Two-Tier Trial System In Civil Cases, Albert W. Alschuler Jan 1985

Mediation With A Mugger: The Shortage Of Adjudicative Services And The Need For A Two-Tier Trial System In Civil Cases, Albert W. Alschuler

Articles

No abstract provided.


Two Fallacies In The Law Of Joint Torts, Richard A. Epstein Jan 1985

Two Fallacies In The Law Of Joint Torts, Richard A. Epstein

Articles

No abstract provided.


Book Review (Reviewing Kenneth Pennington, Pope And Bishops: The Papal Monarchy In The Twelfth And Thirteenth Centuries (1984)), Richard H. Helmholz Jan 1985

Book Review (Reviewing Kenneth Pennington, Pope And Bishops: The Papal Monarchy In The Twelfth And Thirteenth Centuries (1984)), Richard H. Helmholz

Articles

No abstract provided.


Wealth Maximization Revisited, Richard A. Posner Jan 1985

Wealth Maximization Revisited, Richard A. Posner

Articles

No abstract provided.


Dividend Distribution Proposals: The Dividends Received Deductions By Corporations And Related Matters Proceedings Of The University Of San Diego Corporate Tax Conference, Walter J. Blum, Howard G. Krane, Lawrence M. Stone Jan 1985

Dividend Distribution Proposals: The Dividends Received Deductions By Corporations And Related Matters Proceedings Of The University Of San Diego Corporate Tax Conference, Walter J. Blum, Howard G. Krane, Lawrence M. Stone

Articles

No abstract provided.


Interest Groups In American Public Law, Cass R. Sunstein Jan 1985

Interest Groups In American Public Law, Cass R. Sunstein

Articles

No abstract provided.


Defining The Limits Of Crime Control And Due Process, Richard Frase Jan 1985

Defining The Limits Of Crime Control And Due Process, Richard Frase

Articles

In his latest book, Hans Zeisel argues that "law enforcement, important and essential as it is, cannot by itself significantly reduce crime" (p. 15). Thus, he concludes, we should redirect our efforts toward general prevention, starting with improvements in ghetto schools. Zeisel's thesis is supported by data from his study of the disposition of felony arrests in New York City 1 and is supplemented by his assessment of the results of recent criminal justice research in other jurisdictions. Zeisel, a pioneer in the application of social science research methods to issues of law and public policy, 2 presents a wealth …


Custody Investigation In Divorce Cases: The New York Law Revision Commission Proposal In Perspective, Robert Levy Jan 1985

Custody Investigation In Divorce Cases: The New York Law Revision Commission Proposal In Perspective, Robert Levy

Articles

No abstract provided.


Beyond Promissory Estoppel: Contract Law And The "Invisible Handshake", Daniel A. Farber, John Matheson Jan 1985

Beyond Promissory Estoppel: Contract Law And The "Invisible Handshake", Daniel A. Farber, John Matheson

Articles

No abstract provided.


The Demography Of Probate Administration, Robert Stein, Ian Fierstein Jan 1985

The Demography Of Probate Administration, Robert Stein, Ian Fierstein

Articles

No abstract provided.


Public Sector Bargaining: Fiscal Crisis And Unilateral Change, Stephen F. Befort Jan 1985

Public Sector Bargaining: Fiscal Crisis And Unilateral Change, Stephen F. Befort

Articles

The brief history of public sector collective bargaining encompasses two periods of economic extreme. Collective bargaining in the public sector emerged in the 1960's and early 1970's, a period of unprecedented growth in state and local government. With normal economic restraints eased by the growth of state and local budgets, inexperienced public employers frequently offered little resistance to the demands of public sector unions. Beginning in the mid-1970's, however, the economic fortunes of state and local governments suffered a dramatic reversal. Whether viewed as a cause or an effect of the fiscal crisis, taxpayer hostility to ever-increasing budgets accompanied and …


Ethical Problems Of An International Human Rights Practice, David Weissbrodt Jan 1985

Ethical Problems Of An International Human Rights Practice, David Weissbrodt

Articles

Little attention has been devoted to ethical problems facing American lawyers engaged in commercial and corporate work in foreign countries or with foreign clients. IEven less attention has been paid to the professional responsibilities of lawyers engaged in an international human rights legal practice. 2 As an increas- ing number of lawyers become involved in the practice of international human rights law in the courts of the United States, in international fora, and abroad, issues will continue to arise regarding the ethical constraints on their work.3


United States Foreign Policy And Human Rights: An Overview, David Weissbrodt Jan 1985

United States Foreign Policy And Human Rights: An Overview, David Weissbrodt

Articles

The organizers of this symposium asked me to provide a back- ground for the present status of human rights in the foreign policy of the United States Government. They suggested that I provide a his- tory of the subject, stressing the approach of President Carter. I have written such a history, stressing the United States human rights legis- lation which was not created by President Carter, but which he found already in place when he reached the White House. Rather than recite this historical background, I think it would be more useful to look at three basic questions which might …


The History Of Statutory Interpretation: A Study In Form And Substance, William S. Blatt Jan 1985

The History Of Statutory Interpretation: A Study In Form And Substance, William S. Blatt

Articles

No abstract provided.


Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William Wilson Bratton Jan 1985

Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William Wilson Bratton

Articles

No abstract provided.


The Constitution In The Supreme Court: Full Faith And The Bill Of Rights, 1889-1910, David P. Currie Jan 1985

The Constitution In The Supreme Court: Full Faith And The Bill Of Rights, 1889-1910, David P. Currie

Articles

No abstract provided.


The Constitution In The Supreme Court: Full Faith And The Bill Of Rights, 1889-1910, David P. Currie Jan 1985

The Constitution In The Supreme Court: Full Faith And The Bill Of Rights, 1889-1910, David P. Currie

Articles

No abstract provided.


The Constitution In The Supreme Court: The Protection Of Economic Interests, 1889-1910, David P. Currie Jan 1985

The Constitution In The Supreme Court: The Protection Of Economic Interests, 1889-1910, David P. Currie

Articles

No abstract provided.


Reviewing Agency Inaction After Heckler V. Chaney, Cass R. Sunstein Jan 1985

Reviewing Agency Inaction After Heckler V. Chaney, Cass R. Sunstein

Articles

No abstract provided.


Close Corporations And Agency Costs, Frank H. Easterbrook, Daniel R. Fischel Jan 1985

Close Corporations And Agency Costs, Frank H. Easterbrook, Daniel R. Fischel

Articles

No abstract provided.


Positive And Normative Elements In Legal Education, Richard A. Epstein Jan 1985

Positive And Normative Elements In Legal Education, Richard A. Epstein

Articles

No abstract provided.


Getting Beyond Discrimination: A Regulatory Solution To The Problem Of Fetal Hazards In The Workplace, Emily Buss Jan 1985

Getting Beyond Discrimination: A Regulatory Solution To The Problem Of Fetal Hazards In The Workplace, Emily Buss

Articles

No abstract provided.


The Constitution As Mirror: Tribe's Constitutional Choices (Reviewing Laurence H. Tribe, Constitutional Choices (1985)), Richard A. Posner Jan 1985

The Constitution As Mirror: Tribe's Constitutional Choices (Reviewing Laurence H. Tribe, Constitutional Choices (1985)), Richard A. Posner

Articles

No abstract provided.


The Historical Origins And Economic Structures Of Workers' Compensation Law, Richard A. Epstein Jan 1985

The Historical Origins And Economic Structures Of Workers' Compensation Law, Richard A. Epstein

Articles

No abstract provided.


Limited Liability And The Corporation, Frank H. Easterbrook, Daniel R. Fischel Jan 1985

Limited Liability And The Corporation, Frank H. Easterbrook, Daniel R. Fischel

Articles

Limited liability is a fundamental principle of corporate law. Yet liability has never been absolutely limited. Courts occasionally allow creditors to "pierce the corporate veil," which means that shareholders must satisfy creditors' claims. "Piercing" seems to happen freakishly. Like lightning, it is rare, severe, and unprincipled. There is a consensus that the whole area of limited liability, and conversely of piercing the corporate veil, is among the most confusing in corporate law.1 We argue to the contrary that economic analysis-in particular the theory of the firm and the economics of insurance-explains the legal treatment of limited liability. Both the rules …


Tax Reform During President Reagan’S First Four Years: A Selective Bibliography, Michael G. Chiorazzi Jan 1985

Tax Reform During President Reagan’S First Four Years: A Selective Bibliography, Michael G. Chiorazzi

Articles

No abstract provided.


Affirmative Action And The Legislative History Of The Fourteenth Amendment, Eric Schnapper Jan 1985

Affirmative Action And The Legislative History Of The Fourteenth Amendment, Eric Schnapper

Articles

This article contends that the legislative history of the fourteenth amendment is not only relevant to but dispositive of the legal dispute over the constitutional standards applicable to race-conscious affirmative action plans. From the closing days of the Civil War until the end of civilian Reconstruction some five years later, Congress adopted a series of social welfare programs whose benefits were expressly limited to blacks. These programs were generally open to all blacks, not only to recently freed slaves, and were adopted over repeatedly expressed objections that such racially exclusive measures were unfair to whites. The race-conscious Reconstruction programs were …


Czm In California, Oregon, And Washington, Richard G. Hildreth, Ralph W. Johnson Jan 1985

Czm In California, Oregon, And Washington, Richard G. Hildreth, Ralph W. Johnson

Articles

Twenty years ago coastal zone protection was merely a gleam in the eyes of a few west coast visionaries. A flurry of state and federal laws in the late 1960s and into the 1970s changed this. Today, broad coastal management programs are in place in all three west coast states, with a special one for San Francisco Bay. Each program is unique, and at the same time shares significant qualities with the others. This article identifies the major attributes of these four programs and offers insights into the strengths and weaknesses of each. In comparing and contrasting the four programs, …


Thoughts On Teaching, Christina B. Whitman Jan 1985

Thoughts On Teaching, Christina B. Whitman

Articles

I teach in classrooms where, ten years ago, I sat as a student. People who were my teachers are now my colleagues. People who were my students are still my friends. The difference between teacher and student, it seems to me, is more appropriately described as progression through a life than as distinct positions in a hierarchy.