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1992

All Faculty Scholarship

Articles 1 - 30 of 69

Full-Text Articles in Law

Substantive Corrective Justice, In Symposium, Corrective Justice And Formalism, Richard W. Wright Dec 1992

Substantive Corrective Justice, In Symposium, Corrective Justice And Formalism, Richard W. Wright

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No abstract provided.


The Logic And Fairness Of Joint And Several Liability, In Symposium, Comparative Negligence, Richard W. Wright Dec 1992

The Logic And Fairness Of Joint And Several Liability, In Symposium, Comparative Negligence, Richard W. Wright

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No abstract provided.


British Banks' In The Uk Capital Markets Since The Big Bang, Philip N. Hablutzel Oct 1992

British Banks' In The Uk Capital Markets Since The Big Bang, Philip N. Hablutzel

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No abstract provided.


Property, Credit, And Regulation Meet Information Technology: Clearance And Settlement In The Securities Markets, Charles W. Mooney Jr. Jul 1992

Property, Credit, And Regulation Meet Information Technology: Clearance And Settlement In The Securities Markets, Charles W. Mooney Jr.

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No abstract provided.


Federal Judgments Law: Sources Of Authority And Sources Of Rules, Stephen B. Burbank Jun 1992

Federal Judgments Law: Sources Of Authority And Sources Of Rules, Stephen B. Burbank

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No abstract provided.


Domestic Violence Law Poses Challenges For The Courts, Jane C. Murphy, Judith Wolfer Jun 1992

Domestic Violence Law Poses Challenges For The Courts, Jane C. Murphy, Judith Wolfer

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No abstract provided.


Obsolete On Its Face: The Libel Per Quod Rule (With R. Meslar), Richard Conviser May 1992

Obsolete On Its Face: The Libel Per Quod Rule (With R. Meslar), Richard Conviser

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No abstract provided.


A Law & Economics Perspective On A "Traditional" Torts Case: Insights For Classroom And Courtroom, Robert H. Lande Apr 1992

A Law & Economics Perspective On A "Traditional" Torts Case: Insights For Classroom And Courtroom, Robert H. Lande

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This article is from a symposium, "Five Approaches to Legal Reasoning in the Classroom: Contrasting Perspectives on O'Brien v. Cunard S.S. Co. Ltd.," 57 Missouri L. Rev. 345 (1992). The symposium contains five articles that analyze this case from, respectively, traditionalist, Law & Economics, Critical Legal Studies, Feminist, and Critical Race Theories perspectives.

This article analyzes the O'Brien case from a Law & Economics perspective. It does so in a manner suitable for presentation in a Torts class or a Law & Economics class. It explains the basic terminology and approach. It analyzes the economics underlying the vaccination requirement, whether …


Countervailing Power—Different Rules For Different Markets? Conduct And Context In Antitrust Law And Economics, Barbara Ann White Apr 1992

Countervailing Power—Different Rules For Different Markets? Conduct And Context In Antitrust Law And Economics, Barbara Ann White

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The focus of modern applications of economic reasoning to antitrust concerns has been on the more subtle efficiency or procompetitive dimensions of the scrutinized conduct. When any of these characteristics are discovered, the courts tend to find no antitrust violation.

Two major difficulties arise with this approach. First, efficiency or procompetitive aspects can almost always be uncovered in any corporate enterprise, creating the potential for legitimizing almost all business behavior. Second, the legal conclusions courts reach are typically couched in terms of the business practice itself; therefore, once upheld, that practice is implicitly validated for other unrelated marketplace scenarios. Indiscriminate …


Corporate Law Through An Antitrust Lens, Edward B. Rock Apr 1992

Corporate Law Through An Antitrust Lens, Edward B. Rock

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No abstract provided.


Being A Teacher, Of Lawyers: Discerning The Theory Of My Practice, Howard Lesnick Apr 1992

Being A Teacher, Of Lawyers: Discerning The Theory Of My Practice, Howard Lesnick

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No abstract provided.


A Field Of Dreams Needs A History, Kenneth Lasson Mar 1992

A Field Of Dreams Needs A History, Kenneth Lasson

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No abstract provided.


Electronic Records Management And Archives, Henry H. Perritt Jr. Mar 1992

Electronic Records Management And Archives, Henry H. Perritt Jr.

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No abstract provided.


The Electronic Agency And The Traditional Paradigms Of Administrative Law, Henry H. Perritt Jr. Mar 1992

The Electronic Agency And The Traditional Paradigms Of Administrative Law, Henry H. Perritt Jr.

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No abstract provided.


Tort Liability, The First Amendment, And Equal Access To Electronic Networks, Henry H. Perritt Jr. Mar 1992

Tort Liability, The First Amendment, And Equal Access To Electronic Networks, Henry H. Perritt Jr.

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No abstract provided.


Speaking Its Name: Sexual Orientation And The Pursuit Of Academic Diversity, Jeffrey G. Sherman Mar 1992

Speaking Its Name: Sexual Orientation And The Pursuit Of Academic Diversity, Jeffrey G. Sherman

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No abstract provided.


An Essay On Electronic Casebooks: My Pursuit Of The Paperless Chase, Ronald W. Staudt Mar 1992

An Essay On Electronic Casebooks: My Pursuit Of The Paperless Chase, Ronald W. Staudt

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No abstract provided.


Section 1367: Another Party Heard From, Joan E. Steinman Mar 1992

Section 1367: Another Party Heard From, Joan E. Steinman

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No abstract provided.


Women, Medical Care, And Mass Tort Litigation, Joan E. Steinman Mar 1992

Women, Medical Care, And Mass Tort Litigation, Joan E. Steinman

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No abstract provided.


Federalism And Supremacy: Control Of State Judicial Decision-Making, Margaret G. Stewart Mar 1992

Federalism And Supremacy: Control Of State Judicial Decision-Making, Margaret G. Stewart

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No abstract provided.


Environmental Protection: The Potential Misfit Between Equity And Efficiency, A. Dan Tarlock Mar 1992

Environmental Protection: The Potential Misfit Between Equity And Efficiency, A. Dan Tarlock

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No abstract provided.


Now, Think Again About Adaptation, A. Dan Tarlock Mar 1992

Now, Think Again About Adaptation, A. Dan Tarlock

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No abstract provided.


The Role Of Non-Governmental Organizations In The Development Of International Environmental Law, A. Dan Tarlock Mar 1992

The Role Of Non-Governmental Organizations In The Development Of International Environmental Law, A. Dan Tarlock

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No abstract provided.


The Shifting Presumption Of Constitutionality In Land Use Law, A. Dan Tarlock Mar 1992

The Shifting Presumption Of Constitutionality In Land Use Law, A. Dan Tarlock

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No abstract provided.


Stewardship Sovereignty: The Next Step In Former Prime Minister Palmer's Logic, A. Dan Tarlock Mar 1992

Stewardship Sovereignty: The Next Step In Former Prime Minister Palmer's Logic, A. Dan Tarlock

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No abstract provided.


Incommensurability As A Jurisprudential Puzzle, Richard Warner Mar 1992

Incommensurability As A Jurisprudential Puzzle, Richard Warner

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No abstract provided.


Liberalism And The Criminal Law, Richard Warner Mar 1992

Liberalism And The Criminal Law, Richard Warner

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No abstract provided.


Alternative Reproduction (With L. Douglass), Lori B. Andrews Feb 1992

Alternative Reproduction (With L. Douglass), Lori B. Andrews

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No abstract provided.


Torts And The Double Helix: Malpractice Liability For Failure To Warn Of Genetic Risks, Lori B. Andrews Feb 1992

Torts And The Double Helix: Malpractice Liability For Failure To Warn Of Genetic Risks, Lori B. Andrews

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No abstract provided.


Equality And Abortion: Legitimating Women's Experiences, Sarah K. Harding Feb 1992

Equality And Abortion: Legitimating Women's Experiences, Sarah K. Harding

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No abstract provided.