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Articles 1 - 30 of 99

Full-Text Articles in Law

Racism And Legal Doctrine (Reviewing Derrick Bell, And We Are Not Saved (1987)), Mary E. Becker Dec 1988

Racism And Legal Doctrine (Reviewing Derrick Bell, And We Are Not Saved (1987)), Mary E. Becker

Articles

No abstract provided.


Perspectives On The Deferral Of U.S. Taxation Of The Earnings Of Foreign Corporations, Joseph Isenbergh Dec 1988

Perspectives On The Deferral Of U.S. Taxation Of The Earnings Of Foreign Corporations, Joseph Isenbergh

Articles

No abstract provided.


Individual Autonomy And Collective Empowerment In Labor Law: Union Membership Resignations And Strikebreaking In The New Economy, David Abraham Dec 1988

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 ...


Irregular' Asylum Seekers: What's All The Fuss?, James C. Hathaway Dec 1988

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 ...


Lawyers And Informal Justice: The Case Of A Public Housing Eviction Board, Richard O. Lempert, Karl Monsma Sep 1988

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 ...


Feminism Unmodified, Cass R. Sunstein Feb 1988

Feminism Unmodified, Cass R. Sunstein

Articles

No abstract provided.


Enforcement Of The Domestic Abuse Act In Minnesota: A Preliminary Study, Beverly Balos, Katie Trotzky Jan 1988

Enforcement Of The Domestic Abuse Act In Minnesota: A Preliminary Study, Beverly Balos, Katie Trotzky

Articles

The Minnesota Department of Corrections latest figures esti- mate that over 63,000 incidents of domestic battering occur each year in the state of Minnesota.1 Due to the inefficiencies and gaps in the reporting system, in Minnesota and across the United States, the true magnitude of the problem is difficult to document. Researchers have estimated, however, that over 1.7 million people in the United States have at some time faced a spouse with a gun or a knife, and that well over two million have experienced a beating by their spouse.2 Thus, while accurate documentation is difficult ...


Country-Related And Thematic Developments At The 1988 Session Of The U.N. Commission On Human Rights, David Weissbrodt Jan 1988

Country-Related And Thematic Developments At The 1988 Session Of The U.N. Commission On Human Rights, David Weissbrodt

Articles

The United Nations Commission on Human Rights is the principal and most important political organ of the United Nations concerned principally with human rights.1 ; The Commission meets for six weeks every year in February and March. This year, for example, it met from 1 February through 11 March 1988.2 The Commission is comprised of forty-three government represent- atives who are elected by the Economic and Social Council of the United Nations. The Economic and Social Council is, in turn, a subsidiary body of the United Nations General Assembly. When the UN Charter was written in 1945, the subject ...


Lender/Owners And Cercla: Title And Liability, Ann Burkhart Jan 1988

Lender/Owners And Cercla: Title And Liability, Ann Burkhart

Articles

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) represents Congress' response to the problem of cleaning up hazardous waste sites. The Act and its related regulations authorize the Environmental Protection Agency (EPA) either to order the responsible parties to contain the hazardous waste on the site or to clean the site and charge the responsible parties for EPA's response costs. An unresolved issue is whether these provisions contemplate holding a lender/owner liable for response costs. In this Article, Professor Burkhart rebuts challenges to lender/owner liability. She begins by scrutinizing the language and legislative history of the ...


The Juvenile Court Meets The Principle Of Offense: Punishment, Treatment, And The Difference It Makes, Barry C. Feld Jan 1988

The Juvenile Court Meets The Principle Of Offense: Punishment, Treatment, And The Difference It Makes, Barry C. Feld

Articles

The United States Supreme Court's decision In re Gault 1 transformed the juvenile court into a very different institution than that envisioned by its Progressive creators. 2 Judicial and legislative efforts to harmonize the juvenile court with Gault's constitutional mandate have modified the purpose, process, and operation of the juvenile justice system. The Progressives envisioned a procedurally informal court with individualized, offender-oriented dispositional practices. The Supreme Court's due process decisions impose procedural formality on the juvenile court's traditional, individualized-treatment sentencing schemes. As the juvenile court system deviates from the Progressive ideal, it increasingly resembles, both procedurally ...


Discovery In Labor Arbitration, Laura J. Cooper Jan 1988

Discovery In Labor Arbitration, Laura J. Cooper

Articles

The mere statement of the topic, discovery in labor arbitration, suggests a paradox. Is not the essence of the arbitration process an effort to avoid the procedural complexities that make litigation comparatively slow and costly? More than forty years ago, Learned Hand admonished a litigant distressed with the procedural failings of an arbitration proceeding:


Redefining The Antitrust Labor Exemption, Daniel J. Gifford Jan 1988

Redefining The Antitrust Labor Exemption, Daniel J. Gifford

Articles

Congress urgently needs to reformulate the antitrust labor exemption. Courts and legal scholars alike 1 have largely neglected the legal significance of the impact of industry-wide collective bargaining on price-output decisions in concentrated industries. They have, moreover, attended even less to the skewing tendencies produced by the almost universally practiced seniority system on labor union bargaining strategies.


The Right To Life During Armed Conflict: Disabled Peoples' International V. United States, David Weissbrodt, Beth Andrus Jan 1988

The Right To Life During Armed Conflict: Disabled Peoples' International V. United States, David Weissbrodt, Beth Andrus

Articles

Because of persecution, civil war, and economic despair, millions of people flee from their homes and go to live in other countries where they can stabilize their lives and find a safe place for themselves and their families. In 1998, the United Nations High Commissioner for Refugees estimated the number of people fleeing their home countries to exceed 22 million. 1 The right to seek and enjoy asylum is a well established principle in international law. 2 It has, however, been interpreted consistently as the right of the sovereign state to grant or deny asylum to those within its territory ...


Psychiatric And Chemical Dependency Treatment Of Minors: The Myth Of Voluntary Treatment And The Capacity To Consent, Beverly Balos, Ira Schwartz Jan 1988

Psychiatric And Chemical Dependency Treatment Of Minors: The Myth Of Voluntary Treatment And The Capacity To Consent, Beverly Balos, Ira Schwartz

Articles

No abstract provided.


Book Review (Reviewing Eskridge, William N., J., Cases And Materials On Legislation: Statutes And The Creation Of Public Policy (1988)), Richard A. Posner Jan 1988

Book Review (Reviewing Eskridge, William N., J., Cases And Materials On Legislation: Statutes And The Creation Of Public Policy (1988)), Richard A. Posner

Articles

No abstract provided.


Wally Tributes, Geoffrey R. Stone Jan 1988

Wally Tributes, Geoffrey R. Stone

Articles

No abstract provided.


The Role Of Original Intent In Statutory Construction, Frank H. Easterbrook Jan 1988

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 Jan 1988

Modern Republicanism--Or The Flight From Substance, Richard A. Epstein

Articles

No abstract provided.


The Constitution In The Supreme Court: 1946-1953, David P. Currie Jan 1988

The Constitution In The Supreme Court: 1946-1953, David P. Currie

Articles

No abstract provided.


Trashing The German Advantage, John H. Langbein Jan 1988

Trashing The German Advantage, John H. Langbein

Articles

No abstract provided.


Bargaining After The Fall And The Contours Of The Absolute Priority Rule, Douglas G. Baird, Thomas H. Jackson Jan 1988

Bargaining After The Fall And The Contours Of The Absolute Priority Rule, Douglas G. Baird, Thomas H. Jackson

Articles

No abstract provided.


Jurisprudential Responses To Legal Realism, Richard A. Posner Jan 1988

Jurisprudential Responses To Legal Realism, Richard A. Posner

Articles

No abstract provided.


The Mistakes Of 1937, Richard A. Epstein Jan 1988

The Mistakes Of 1937, Richard A. Epstein

Articles

No abstract provided.


Charles O. Gregory--An Appreciation From The Wings, Richard A. Epstein Jan 1988

Charles O. Gregory--An Appreciation From The Wings, Richard A. Epstein

Articles

No abstract provided.


The Insignificance Of Macroeconomics In Patent Antitrust Law: A Comment On Millstein, Richard A. Posner Jan 1988

The Insignificance Of Macroeconomics In Patent Antitrust Law: A Comment On Millstein, Richard A. Posner

Articles

No abstract provided.


On Reading The Constitution, Michael W. Mcconnell Jan 1988

On Reading The Constitution, Michael W. Mcconnell

Articles

No abstract provided.


Recharacterizations And The Nature Of Theory In Corporate Tax Law, Saul Levmore Jan 1988

Recharacterizations And The Nature Of Theory In Corporate Tax Law, Saul Levmore

Articles

No abstract provided.


The Unintended Revolution In Product Liability Law, Richard A. Epstein Jan 1988

The Unintended Revolution In Product Liability Law, Richard A. Epstein

Articles

No abstract provided.


A Passion For Justice, Geoffrey R. Stone Jan 1988

A Passion For Justice, Geoffrey R. Stone

Articles

No abstract provided.


Classical Legal Tradition, Richard A. Epstein Jan 1988

Classical Legal Tradition, Richard A. Epstein

Articles

No abstract provided.