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1990

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Full-Text Articles in Law

Some Words Are Injurious . . . Some Cause A Raging Storm, Kenneth Lasson Dec 1990

Some Words Are Injurious . . . Some Cause A Raging Storm, Kenneth Lasson

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No abstract provided.


Free Speech: It's Great For Hate, Kenneth Lasson Oct 1990

Free Speech: It's Great For Hate, Kenneth Lasson

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No abstract provided.


More Lessons From Japan: End Industrywide Collective Bargaining?, Robert H. Lande, Richard O. Zerbe Jr. Sep 1990

More Lessons From Japan: End Industrywide Collective Bargaining?, Robert H. Lande, Richard O. Zerbe Jr.

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The number of books and articles discussing Japanese management techniques with an eye to transplanting them to the United States is staggering. Americans understandably are impressed by Japanese efficiency and like to think the adoption of some of their techniques will aid our own industries. Often these proposals seem fanciful and fail to recognize the many differences between the two countries, their economic systems and cultures.


Post-Removal Changes In The Party Structure Of Diversity Cases: The Old Law, The New Law, And Rule 19, Joan E. Steinman Jul 1990

Post-Removal Changes In The Party Structure Of Diversity Cases: The Old Law, The New Law, And Rule 19, Joan E. Steinman

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A petition for writ of certiorari in Steel Valley Authority v. Union Switch & Signal Division, 809 F.2d 1006 (3d Cir. 1987), presented to the Court the question whether a district court had authority to remand to the state court a case that had been properly removed on diversity grounds but in which the plaintiff, after removal, had amended the complaint to join a nondiverse defendant. In Steel Valley, the court of appeals found the nondiverse defendant to be indispensable, although the original defendants, petitioners to the Supreme Court, contended that plaintiff had asserted no substantive claims or colorable causes …


The Limits Of Social Policy, Cary Coglianese May 1990

The Limits Of Social Policy, Cary Coglianese

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No abstract provided.


Democracy And Its Critics, Cary Coglianese May 1990

Democracy And Its Critics, Cary Coglianese

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No abstract provided.


The Admission Of Government Fact Findings Under Federal Rule Of Evidence 803(8)(C): Limiting The Dangers Of Unreliable Hearsay, Steven P. Grossman, Stephen J. Shapiro Apr 1990

The Admission Of Government Fact Findings Under Federal Rule Of Evidence 803(8)(C): Limiting The Dangers Of Unreliable Hearsay, Steven P. Grossman, Stephen J. Shapiro

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Federal Rule of Evidence 803(8)(C), an exception to the rule against admission of hearsay, permits introduction of public records or reports containing the fact findings of the reporter without requiring the reporter to appear at trial. These fact findings can be based upon the reporter's own observations and calculations or information imparted to the reporter from sources having no connection to any public agency whatsoever. Rule 803(8)(C) has also been used as the vehicle for presenting juries with fact findings from hearings conducted by public officials. The rule would seem to allow these fact findings even though the opponent had …


Myths And Misunderstandings, Michael I. Meyerson Apr 1990

Myths And Misunderstandings, Michael I. Meyerson

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This article explores the utility of the Holmsean marketplace of ideas when considering the regulation of different forms of communication technology.


Can Ignorance Be Bliss? Imperfect Information As A Positive Influence In Political Insitutions, Michael A. Fitts Apr 1990

Can Ignorance Be Bliss? Imperfect Information As A Positive Influence In Political Insitutions, Michael A. Fitts

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No abstract provided.


The Second Generation Of Notes Indexed For Inflation, Michael S. Knoll Apr 1990

The Second Generation Of Notes Indexed For Inflation, Michael S. Knoll

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No abstract provided.


The Efficient Consumer Form Contract: Law And Economics Meet The Real World, Michael I. Meyerson Apr 1990

The Efficient Consumer Form Contract: Law And Economics Meet The Real World, Michael I. Meyerson

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"Law and economics" has been hailed by its supporters as the only intellectually valid means for analyzing legal issues. Its critics have dismissed law and economics as amoral and biased against the poor. Ironically, each side in this frequently acrimonious debate has much to offer those in the opposing camp. This Article reflects a modest attempt to bridge the chasm.

One need not believe that money is everything in order to believe that the effect a given legal rule has on total societal wealth is relevant in decisionmaking. But this admission does not consign one to a legal world where …


Federal Electronic Information Policy, Henry H. Perritt Jr. Mar 1990

Federal Electronic Information Policy, Henry H. Perritt Jr.

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No abstract provided.


Implied Covenant: Anachronism Or Augur, Henry H. Perritt Jr. Mar 1990

Implied Covenant: Anachronism Or Augur, Henry H. Perritt Jr.

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No abstract provided.


Health Care Plans And Erisa, Henry H. Perritt Jr. Mar 1990

Health Care Plans And Erisa, Henry H. Perritt Jr.

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No abstract provided.


Discovering The Virtues Of Riparianism, Foreword To Symposium, Eastern Water Law, A. Dan Tarlock Mar 1990

Discovering The Virtues Of Riparianism, Foreword To Symposium, Eastern Water Law, A. Dan Tarlock

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No abstract provided.


Foreword, To Symposium, Prevention Of Groundwater Pollution In The Great Lakes Region (With Stuart L. Deutsch), A. Dan Tarlock Mar 1990

Foreword, To Symposium, Prevention Of Groundwater Pollution In The Great Lakes Region (With Stuart L. Deutsch), A. Dan Tarlock

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No abstract provided.


State Groundwater Sovereignty After Sporhase: The Case Of The Hueco Bolson (With D. Frownfelter), A. Dan Tarlock Mar 1990

State Groundwater Sovereignty After Sporhase: The Case Of The Hueco Bolson (With D. Frownfelter), A. Dan Tarlock

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No abstract provided.


Scholarship Amok: Excesses In The Pursuit Of Truth And Tenure, Kenneth Lasson Feb 1990

Scholarship Amok: Excesses In The Pursuit Of Truth And Tenure, Kenneth Lasson

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In 1937, when Fred Rodell issued his once-famous diatribe, some 150 law-related journals were being published (not to mention thousands of local newspapers and countless full-color comic books). Now there are over eight hundred legal periodicals (not to mention a drastically dwindled number of daily papers, and precious few comics). Both Solomon and Rodell have been all but forgotten. What, indeed, have we wrought? Although Rodell predicted his original panning would have no effect, could he have anticipated the sheer dimensions of this worst-case scenario - that his "professional purveyors of pretentious poppycock" would have spawned so furiously, that the …


Introduction To The Randolph W. Thrower Symposium: Genetics And The Law, Lori B. Andrews Feb 1990

Introduction To The Randolph W. Thrower Symposium: Genetics And The Law, Lori B. Andrews

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No abstract provided.


Article 6: The Process And The Product--An Introduction, Steven L. Harris Feb 1990

Article 6: The Process And The Product--An Introduction, Steven L. Harris

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No abstract provided.


Fragmenting The Unitary Executive: Congressional Delegations Of Administrative Authority Outside The Federal Government, Harold J. Krent Feb 1990

Fragmenting The Unitary Executive: Congressional Delegations Of Administrative Authority Outside The Federal Government, Harold J. Krent

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No abstract provided.


Affirmative Action Issues And The Role Of External Law In Labor Arbitration (With L. Stallworth) (Symposium), Martin H. Malin Feb 1990

Affirmative Action Issues And The Role Of External Law In Labor Arbitration (With L. Stallworth) (Symposium), Martin H. Malin

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No abstract provided.


Foreword: Labor Arbitration Thirty Years After The Steelworkers Trilogy, (Symposium Editor), Martin H. Malin Feb 1990

Foreword: Labor Arbitration Thirty Years After The Steelworkers Trilogy, (Symposium Editor), Martin H. Malin

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No abstract provided.


Constitutional Damages And Corrective Justice: A Different View, Sheldon Nahmod Feb 1990

Constitutional Damages And Corrective Justice: A Different View, Sheldon Nahmod

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No abstract provided.


This Gun For Hire: Dancing In The Dark Of The First Amendment, Michael I. Meyerson Jan 1990

This Gun For Hire: Dancing In The Dark Of The First Amendment, Michael I. Meyerson

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Classified advertisements in newspapers and magazines represent a uniquely democratic access to the media for the individual. Without having to pay the thousands of dollars for full-page advertisements, buyers and sellers can purchase space for their offers for only a few dollars, yet have them seen by city-wide or nation-wide audiences. Democracy, though, breeds its own excesses, and the legal question is always how to control that excess without harming the freedom.

As befits a medium open to all, classified advertisements run the gamut of human activity, from the sale of a used automobile to employment to lonely singles looking …


Impending Legal Issues For Integrated Broadband Networks, Michael I. Meyerson Jan 1990

Impending Legal Issues For Integrated Broadband Networks, Michael I. Meyerson

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Given human nature, computer networks are prone to many of the same legal problems that have affected earlier forms of communication. The insatiable human appetite for mischief, information, pornography, and anti-competitive activity guarantees that the many legal conflicts that afflict computers, telephones, cable television, and broadcasting will be visited upon IBNs. This article focuses on several of these legal problems. By examining the history of controversies involving the electronic media and breaches of security, protection of privacy, regulation of sexual material and refusals to deal, this article attempts to outline some ways to think about applying the lessons from the …


The Making Of A Law Teacher, Odeana R. Neal Jan 1990

The Making Of A Law Teacher, Odeana R. Neal

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At a meeting of the Northeast Corridor in October, 1990, Paulette Caldwell wondered aloud whether black women law teachers might be carrying on a cultural tradition of teaching. Her inquiry struck a chord with me that I hadn't heard in a long time. When I was very young, I wanted to be a teacher. I tutored younger children when I was in elementary school and commandeered a math class in junior high school after the teacher challenged me to "get up here and teach the class if you think you can do it better than I can." I thought I …


Amending The Oversight: Legislative Drafting And The Cable Act, Michael I. Meyerson Jan 1990

Amending The Oversight: Legislative Drafting And The Cable Act, Michael I. Meyerson

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The Cable Communications Policy Act of 1984 ("Cable Act") represented the first comprehensive federal law governing the no-longer new communications technology of cable television. After years of confronting a "patchwork" of federal, state, and local regulation, the cable industry, government regulators, and the public were told that the Cable Act would create a "national policy concerning cable communications," and firmly "establish guidelines for the exercise of Federal, State, and local authority."

Unfortunately, the Cable Act failed to fulfill its numerous objectives. Advertised as a careful balance, the Cable Act was administratively and judicially converted to a lopsided grant of victory …


Re Sefel Geophysical Ltd: A Canadian Approach To Some Specific Problems In The Adjudication Of International Insolvencies, Sarah K. Harding Jan 1990

Re Sefel Geophysical Ltd: A Canadian Approach To Some Specific Problems In The Adjudication Of International Insolvencies, Sarah K. Harding

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No abstract provided.


Commentary: Implications Of Professor Scherer's Research For The Future Of Antitrust, Robert H. Lande Jan 1990

Commentary: Implications Of Professor Scherer's Research For The Future Of Antitrust, Robert H. Lande

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One way to test the accuracy of Professor Scherer's research is to compare it to the best previous work in the area. Prior to his current article the best analysis of the state of economic thinking and knowledge during antitrust's formative period was presented twelve years ago by—Professor Scherer. This was a skeletal precurser to the well-documented version that he now presents, but his overall conclusions are identical. During the twelve years since his conclusions were presented in the Yale Law Journal no one has demonstrated that his research is in any way faulty or misleading, even though many have …