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1988

Articles

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Institution
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Articles 1 - 30 of 103

Full-Text Articles in Law

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.


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.


Feminism Unmodified, Cass R. Sunstein Feb 1988

Feminism Unmodified, Cass R. Sunstein

Articles

No abstract provided.


Washington's New Quasi-Community Property Act: Protecting The Immigrant Spouse, Thomas R. Andrews Jan 1988

Washington's New Quasi-Community Property Act: Protecting The Immigrant Spouse, Thomas R. Andrews

Articles

In 1986, Washington followed the lead of several other community property jurisdictions by adopting quasi-community property legislation. The act is designed to prevent a spouse who has onerously acquired property during marriage while the couple resided in a common law state from disinheriting his or her surviving spouse as to that property after moving to Washington. It has significant implications not only for married couples contemplating a move to Washington, but also for those who have moved to Washington from common law jurisdictions in the past. This article explains why the risk of disinheritance arises, describes the provisions of Washington ...


Economic Union As A Constitutional Value, Richard B. Collins Jan 1988

Economic Union As A Constitutional Value, Richard B. Collins

Articles

Professor Collins presents an in-depth defense of the dormant commerce power doctrine. He maintains that the text of the commerce clause, the original intent behind it, and a century of congressional acquiescence to broad judicial enforcement of the dormant commerce power lend sufficient legitimacy to the doctrine to support its continued existence. After examining the textual and historical bases for the doctrine, Professor Collins concludes that the primary purpose behind the commerce clause is the promotion of economic integration and interstate harmony. Based upon his discussion of the doctrine's origins and development, he contends that critics of the doctrine ...


Reexamining Intellectual Property Concepts: A Glimpse Into The Future Through The Prism Of Chakrabarty, Monroe E. Price Jan 1988

Reexamining Intellectual Property Concepts: A Glimpse Into The Future Through The Prism Of Chakrabarty, Monroe E. Price

Articles

No abstract provided.


Introduction, Monroe E. Price Jan 1988

Introduction, Monroe E. Price

Articles

No abstract provided.


Justice Brennan, The Constitution, And Modern American Liberalism, David Rudenstine Jan 1988

Justice Brennan, The Constitution, And Modern American Liberalism, David Rudenstine

Articles

No abstract provided.


Judicial Discretion, Or The Self On The Shelf, Richard H. Weisberg Jan 1988

Judicial Discretion, Or The Self On The Shelf, Richard H. Weisberg

Articles

No abstract provided.


Judicial Process As An Empirical Study: A Comment On Justice Brennan’S Essay, Charles M. Yablon Jan 1988

Judicial Process As An Empirical Study: A Comment On Justice Brennan’S Essay, Charles M. Yablon

Articles

No abstract provided.


Nonrefundable Retainers: Impermissible Under Fiduciary, Statutory And Contract Law, Lester Brickman, Lawrence A. Cunningham Jan 1988

Nonrefundable Retainers: Impermissible Under Fiduciary, Statutory And Contract Law, Lester Brickman, Lawrence A. Cunningham

Articles

Since the New York Court of Appeals banned nonrefundable retainers, numerous other courts have joined in prohibiting this widespread practice of lawyers charging a fee for services in advance and keeping the fee even if the services are not performed. This may reflect increased judicial recognition of the effect of egregious fee practices on the image of the bar and the role such practices play in the declining esteem in which the legal profession is held. Among the more provocative contributors to this ongoing debate, Professor Steven Lubet recently reviewed our work advocating the ban against nonrefundable retainers and posed ...


Water Planning: Untapped Opportunity For The Western States, David H. Getches Jan 1988

Water Planning: Untapped Opportunity For The Western States, David H. Getches

Articles

No abstract provided.


The Idea Of Sovereignty: Native Peoples, Their Lands, And Their Dreams, Charles F. Wilkinson Jan 1988

The Idea Of Sovereignty: Native Peoples, Their Lands, And Their Dreams, Charles F. Wilkinson

Articles

No abstract provided.


Civil Liberties Guarantees When Indian Tribes Act As Majority Societies: The Case Of The Winnebago Retrocession, Charles F. Wilkinson Jan 1988

Civil Liberties Guarantees When Indian Tribes Act As Majority Societies: The Case Of The Winnebago Retrocession, Charles F. Wilkinson

Articles

No abstract provided.


Section 1404(A), "Where It Might Have Been Brought": Brought By Whom?, Michael J. Waggoner Jan 1988

Section 1404(A), "Where It Might Have Been Brought": Brought By Whom?, Michael J. Waggoner

Articles

No abstract provided.


The Separation Of Banking And Commerce Reconsidered, Stephen K. Halpert Jan 1988

The Separation Of Banking And Commerce Reconsidered, Stephen K. Halpert

Articles

No abstract provided.


Climbing The Most Dangerous Branch: Legisprudence And The New Legal Process (Book Review), A. Michael Froomkin Jan 1988

Climbing The Most Dangerous Branch: Legisprudence And The New Legal Process (Book Review), A. Michael Froomkin

Articles

No abstract provided.


A Return To Fourth Amendment Basics: Undoing The Mischief Of Camara And Terry, Scott E. Sundby Jan 1988

A Return To Fourth Amendment Basics: Undoing The Mischief Of Camara And Terry, Scott E. Sundby

Articles

No abstract provided.


Empirical Studies In Civil Procedure: A Selected Annotated Bibliography, Michael Chiorazzi, Barbara A. Baccari, Karen R. Cashion, Christopher R. Hart, Donald M. Nielsen, Charles M. North, William T. O'Neil Jan 1988

Empirical Studies In Civil Procedure: A Selected Annotated Bibliography, Michael Chiorazzi, Barbara A. Baccari, Karen R. Cashion, Christopher R. Hart, Donald M. Nielsen, Charles M. North, William T. O'Neil

Articles

No abstract provided.


Employment At Will: The French Experience As A Basis For Reform, Madeleine M. Plasencia Jan 1988

Employment At Will: The French Experience As A Basis For Reform, Madeleine M. Plasencia

Articles

Roughly one-quarter of the workers in the United States are represented by unions, leaving three-quarters subject to the vicissitudes of the employment-at-will doctrine.' At-will employees, as a general matter, lack protection against dismissal without cause.2 That is, an employer may dismiss an "at will" employee without notice, "for good reason, bad reason or no reason at all," so long as the proffered reasons for dismissal do not violate random whistle-blowing provisions or federal and state anti-discrimination statutes.' The mirror image of the employer's right to dismiss at will is the right of an employee who was hired to ...


Crime In The Stacks, Or A Tale Of A Text: A Feminist Response To A Criminal Law Textbook, Mary I. Coombs Jan 1988

Crime In The Stacks, Or A Tale Of A Text: A Feminist Response To A Criminal Law Textbook, Mary I. Coombs

Articles

No abstract provided.


The Low-Income Housing Tax Credit: A Poor Solution To The Housing Crisis, Janet Stearns Jan 1988

The Low-Income Housing Tax Credit: A Poor Solution To The Housing Crisis, Janet Stearns

Articles

No abstract provided.


The "Nexus Of Contracts" Corporation: A Critical Appraisal, William Wilson Bratton Jan 1988

The "Nexus Of Contracts" Corporation: A Critical Appraisal, William Wilson Bratton

Articles

No abstract provided.


Marine Archaeology And The International Law Of The Sea, Bernard H. Oxman Jan 1988

Marine Archaeology And The International Law Of The Sea, Bernard H. Oxman

Articles

No abstract provided.


Classical Legal Tradition, Richard A. Epstein Jan 1988

Classical Legal Tradition, Richard A. Epstein

Articles

No abstract provided.


The Jurisprudence Of Skepticism, Richard A. Posner Jan 1988

The Jurisprudence Of Skepticism, Richard A. Posner

Articles

No abstract provided.


Aids Testing In The Health Care Setting, James D. Holzhauer Jan 1988

Aids Testing In The Health Care Setting, James D. Holzhauer

Articles

No abstract provided.


Standing And The Privatization Of Public Law, Cass R. Sunstein Jan 1988

Standing And The Privatization Of Public Law, Cass R. Sunstein

Articles

No abstract provided.


Contract Rights And Property Rights: A Case Study In The Relationship Between Individual Liberties And Constitutional Structure, Michael W. Mcconnell Jan 1988

Contract Rights And Property Rights: A Case Study In The Relationship Between Individual Liberties And Constitutional Structure, Michael W. Mcconnell

Articles

In this Essay, Professor McConnell argues that constitutional interpretation should extend beyond the substantive principles expressed in the Constitution to the structural and institutional choices of the Framers. As an example, he explores possible explanations for the disparate treatment the Constitution accords to property and contract rights. Despite the Founders' general commitment to the preservation of private contract and property rights, the contracts clause, by its terms, applies only to state governments, while the just compensation clause applies solely to the federal government. Part I of the Essay summarizes the textual problem posed by the contracts and just compensation clauses ...


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.