Law Commons^™

Mineral Rights, Patrick H. Martin

Louisiana Law Review

No abstract provided.

Successions And Donations, Cynthia Samuel

Louisiana Law Review

No abstract provided.

Torts, William E. Crawford

Louisiana Law Review

No abstract provided.

Reconciling Collective Bargaining With Employee Supervision Of Management , Michael C. Harper

University of Pennsylvania Law Review

No abstract provided.

Free Speech And The "Acid Bath": An Evaluation And Critique Of Judge Richard Posner's Economic Interpretation Of The First Amendment, Peter J. Hammer

Michigan Law Review

Part I of this Note introduces the mechanics of the model Judge Posner has developed to determine whether restrictions upon speech should be upheld. Part II evaluates and critiques Posner's method from an internal perspective. This is first done by examining the theoretical foundations and assumptions of his economic perspective. This part then turns to testing the output and conclusions of the model to determine how successfully the theory can be turned into practice. Part III constitutes an external critique of Posner's model. This part addresses the question of whether the first amendment should be thought of in economic terms. …

Abortion Politics: The Roman Catholic Church's Tax-Exempt Status In Jeopardy Under Section 501(C)(3) Of The Internal Revenue Code, Junji John Shimazaki

BYU Law Review

No abstract provided.

Extending Immunity To Private Contractors On Government Contracts: Boyle V. United Technologies Corp., James E. Ellsworth

BYU Law Review

No abstract provided.

Table Of Contents

BYU Law Review

No abstract provided.

In Defense Of The Political Question Doctrine , J. Peter Mulhern

University of Pennsylvania Law Review

No abstract provided.

Damned If You Do, Damned If You Don't: Religious Shunning And The Free Exercise Clause , Justin K. Miller

University of Pennsylvania Law Review

No abstract provided.

Scope Of Real Property Forfeiture For Drug-Related Crimes Under The Comprehensive Forfeiture Act , Sean D. Smith

University of Pennsylvania Law Review

No abstract provided.

Masthead, Editors

University of Pennsylvania Law Review

No abstract provided.

Bronte, Bloom, And Bork: An Essay On The Moral Education Of Judges, Linda R. Hirshman

University of Pennsylvania Law Review

No abstract provided.

Accommodation Of Occupation And Social Utility In Prior Public Use Jurisprudence, Mark S. Arena

University of Pennsylvania Law Review

No abstract provided.

The Executive Branch And International Law, Arthur M. Weisburd

Vanderbilt Law Review

Public international law, through its rules regulating the dealings between independent nations, purports to impose limits on the actions of all governments, including those of the United States. In this context American lawyers interested in foreign relations may reasonably wonder whether American courts would enforce rules of public international law purporting to bind the United States against the United States government, particularly the executive branch. A fair number of Supreme Court cases have dealt with the enforce ability of treaties in American courts.' Treaties, however, are only one source of international law. The other important source, customary international law, is …

The Law Of Easements And Licenses In Land: Book Review, R. H. Helmholz

Vanderbilt Law Review

A distinguished commentator, Professor A.W.B. Simpson, recently observed that the legal treatise seems to be going the way of the dinosaur and the dodo bird.' To him, and indeed to other thoughtful ob-servers, the treatise's characteristic form appears to have outlived its natural span, or at least lost its reason for existence among serious academic writers. The treatise's focus on a particular and specialized area of the law and its inevitable concentration on the doctrinal analysis of appellate cases now appear quite out of date to these observers, something perhaps worthwhile in a simpler and more complacent era, but which …

Congress, The Supreme Court, And The Quiet Revolution In Administrative Law, Sidney A. Shapiro, Robert L. Glicksman

Duke Law Journal

No abstract provided.

Toward An Economic Understanding Of Touch And Concern, Jeffrey E. Stake

Duke Law Journal

No abstract provided.

Journal Staff

Duke Law Journal

No abstract provided.

Absolute Immunity For State-Law Torts Under Westfall V. Erwin: How Much Discretion Is Enough?, Karl R. Rábago

Elisabeth Haub School of Law Faculty Publications

The plaintiff who seeks to maintain an action in tort against a federal employee has basically two choices. First, after complying with various procedural requirements, the plaintiff may initiate suit under the Federal Tort Claims Act (FTCA) against the United States. The act is a waiver of sovereign immunity and, in spite of the existence of exceptions to its coverage, has generally been interpreted broadly.

The other alternative available to the plaintiff is a suit against the employee in his individual capacity based upon either state-law or constitutional tort. One of the employee's first lines of defense against such actions …

The Role Of Federal Safety Regulations In Products Liability Actions, Teresa M. Schwartz

Vanderbilt Law Review

Product safety is the province of both the regulatory and the tort systems. Each system has come under attack in recent years on both the federal and state levels. Through its regulatory policies, appointments, and budget cuts, the Reagan Administration has weakened the federal regulatory system.' At the same time, the Administration has severely criticized the tort system. State legislatures have enacted a myriad of statutes that weaken the tort system by cutting back on the common-law rights of victims, and additional measures are pending in Congress and in state legislatures across the country.'

For the most part, proponents of …

"Evans V. Jeff D." : Putting Private Attorneys General On Waiver, Randy M. Stedman

Vanderbilt Law Review

Prior to the Supreme Court's 1986 decision in Evans v. Jeff D.,fervent debate centered on the practice of simultaneously negotiating settlement on the merits and the award of attorney's fees in civil rights cases. Reasonable attorney's fees for prevailing plaintiffs in civil rights cases are provided at the discretion of the court under section 1988 of the Civil Rights Attorney's Fees Award Act of 1976' (the Fees Act).Sparked largely by the Third Circuit's rejection of the practice of simultaneous negotiations in Prandini v. National Tea Co., wide commentary on the practice soon followed the Fees Act's passage.

Critics of simultaneous …

Extraterritorial Jurisdiction And International Banking: A Conflict Of Interests, Silvia B. Piñera-Vazquez

University of Miami Law Review

No abstract provided.

Critical Legal Studies, Economic Realism, And The Theory Of The Firm, Karen A. Black, Rosalie S. Kreider, Mark Sullivan

University of Miami Law Review

No abstract provided.

Distilling The Witches' Brew Of Fair Use In Copyright Law, Jay Dratler Jr.

University of Miami Law Review

No abstract provided.

Consent Decrees And The Rights Of Third Parties, Larry Kramer

Michigan Law Review

I begin in Part I by describing the dynamics of the consent decree process: why parties want consent decrees and why courts agree to enforce them. On the basis of this description, I construct a model of the consent decree as a device that encourages settlement by facilitating enforcement of the parties' agreement.

The remainder of the article then applies this model to third-party claims. Part II considers whether there is any reason to prevent third parties from bringing an independent action attacking a consent decree. Part II concludes that the collateral attack bar is a form of abstention, serving …

Tax Avoidance And Income Measurement, Joshua D. Rosenberg

Michigan Law Review

This article first will explain our system of "transaction taxation" and will further explore the problems caused by the transactional focus of our tax system. It then will consider the current judicial responses to these problems and examine their inadequacies. Finally, it will set forth and explore the alternative responses suggested above in more detail.

The Crisis In Modern Contract Theory, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.

Reconciling Collective Bargaining With Employee Supervision Of Management, Michael C. Harper

Faculty Scholarship

The realities of economic organization in modern industrial states pose a critical dilemma for all who care about democratic ideals. Technological developments and attendant complicated divisions of work have enabled these states to transform their citizens' standards of living; such developments have also, however, brought hierarchical economic organizations' that are unresponsive to the influence of most individual employees. A society that claims to be democratic cannot ignore this condition.² Enhancing individuals' control over their own lives requires institutions that will facilitate democratic decisionmaking about economic production as well as governmental authority.

This Article contributes to thought about such institutions …

Management Buyouts, Efficient Markets, Fair Value And Soft Information, James R. Repetti

James R. Repetti