Law Commons^™

Allocating Liability Among Multiple Responsible Causes: A Principled Defense Of Joint And Several Liability For Actual Harm And Risk Exposure, Richard W. Wright

All Faculty Scholarship

No abstract provided.

Causation, Responsibility, Risk, Probability, Naked Statistics, And Proof: Pruning The Bramble Bush By Clarifying The Concepts, Richard W. Wright

All Faculty Scholarship

No abstract provided.

The Rise And (Coming) Fall Of Efficiency As The Ruler Of Antitrust, Robert H. Lande

All Faculty Scholarship

The debate over the legitimate goals of antitrust is ceaseless and its practical resolution influenced by politics. The answer often given in the past, and particularly during the Warren Court era when a heavy emphasis was placed on social and political factors, contrasts sharply with the consensus view during the Reagan Administration that only economic efficiency counts. Since antitrust moves in cycles, a natural question arises—will antitrust continue to stand upon a foundation of efficiency, return to the old social and political perspective, or embrace some third view of its proper direction?

Introduction: "Plus Ca Change...?", Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

A Framework For Evaluating The Antitrust Legacy Of The Reagan Administration, Robert H. Lande

All Faculty Scholarship

No abstract provided.

Developments In Maryland Law, 1986-87 Survey: Constitutional Law, Eric Easton, Lori A. Reinhold, Joseph B. Tétrault

All Faculty Scholarship

No abstract provided.

Uncertainty, Efficiency, And The Brokerage Industry, Michael S. Knoll

All Faculty Scholarship

No abstract provided.

Warrantless Investigative Seizures Of Real And Tangible Personal Property By Law Enforcement Officers, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.

Should Some Independent Contractors Be Redefined As "Employees" Under Labor Law?, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Removal, Remand And Review In Pendent Claim And Pendent Party Cases, Joan E. Steinman

All Faculty Scholarship

No abstract provided.

Earth And Other Ethics: The Institutional Issues, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

The Rights Of Creditors Under Article 2a, Steven L. Harris

All Faculty Scholarship

No abstract provided.

Separating The Strands In Separation Of Powers Controversies, Harold J. Krent

All Faculty Scholarship

No abstract provided.

The Legal Status Of Union Security Fee Arbitration After Chicago Teachers Union V. Hudson, Martin H. Malin

All Faculty Scholarship

No abstract provided.

Panel Discussion On Self-Regulation, Robert H. Lande

All Faculty Scholarship

No abstract provided.

The Doctrine Of Inevitable Discovery: A Plea For Reasonable Limitations, Steven P. Grossman

All Faculty Scholarship

In reinstating the Iowa murder conviction of Robert Williams, the Supreme Court accepted explicitly for the first time the doctrine of inevitable discovery. Applied for some time by state and federal courts, the doctrine of inevitable discovery is a means by which evidence obtained illegally can still be admitted against defendants in criminal cases. Unfortunately, the Court chose to adopt the doctrine without any of the safeguards necessary to insure that the deterrent impact of the exclusionary rule would be preserved, and in a form that is subject to and almost invites abuse.

This article warns of the danger to …

Comment, Contracting For Security: Paying Married Women What They've Earned, Katharine K. Baker

All Faculty Scholarship

No abstract provided.

Antitrust And The Challenge Of Internationalization, David J. Gerber

All Faculty Scholarship

No abstract provided.

International Discovery After Aerospatiale: The Quest For An Analytical Framework, David J. Gerber

All Faculty Scholarship

No abstract provided.

Hostile Corporate Takeovers: History And Overview (With D. Selmer), Philip N. Hablutzel

All Faculty Scholarship

No abstract provided.

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

All Faculty Scholarship

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

All Faculty Scholarship

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.

Book Reviews: "Antitrust Law And Economics": Responding To An Ivory Tower Critique, Robert H. Lande

All Faculty Scholarship

No abstract provided.

Decertification Of Police: An Alternative To Traditional Remedies For Police Misconduct, Roger L. Goldman, Steven Purro

All Faculty Scholarship

This article is the first in-depth examination of revocation of peace officer licenses for citizen abuse. Unlike the more familiar remedy of terminating the officer’s employment, license revocation, more commonly called decertification, has the advantage of disabling the officer from continuing to work in other departments within the state, just as occurs for myriad other professions and occupations. To determine what type of misconduct led to revocation, a file search was made of all revocations by the Florida Criminal Justices Standards and Training Commission during the time period October 1976 – October 1983. Florida was selected because it has been …

Look Before You Leap: Some Cautionary Notes On Civic Republicanism, Michael A. Fitts

All Faculty Scholarship

No abstract provided.

The Right To Counsel Under Attack, David Rudovsky

All Faculty Scholarship

No abstract provided.

The Law And Economics Of Collective Bargaining: An Introduction And Application To The Problems Of Subcontracting, Partial Closure, And Relocation, Michael L. Wachter, George M. Cohen

All Faculty Scholarship

No abstract provided.

The Chancellor's Boot, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

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

All Faculty Scholarship

No abstract provided.

Privacy, Surrogacy, And The Baby M Case, Anita L. Allen

All Faculty Scholarship

No abstract provided.