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1992

Articles

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Institution
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Articles 61 - 90 of 146

Full-Text Articles in Law

In Memoriam: Hans, Cass R. Sunstein Jan 1992

In Memoriam: Hans, Cass R. Sunstein

Articles

No abstract provided.


Something Old, Something New Feature, Cass R. Sunstein Jan 1992

Something Old, Something New Feature, Cass R. Sunstein

Articles

No abstract provided.


Security Interests, Misbehavior, And Common Pools, Randal C. Picker Jan 1992

Security Interests, Misbehavior, And Common Pools, Randal C. Picker

Articles

Professor Picker contemplates his own agent-based computer simulation game-SimLaw 2011. He uses this vehicle to describe how "organized decision making" may differ substantially from individualized decision making. The simulations are available on the Internet, and the article is best read with access to a computer. Then he analyzes the consequences that organized decision making may have on future decisions made by our biggest organization-the government.


The Senate, The Constitution, And The Confirmation Process, David A. Strauss, Cass R. Sunstein Jan 1992

The Senate, The Constitution, And The Confirmation Process, David A. Strauss, Cass R. Sunstein

Articles

No abstract provided.


The Bill Of Rights In The Welfare State: A Bicentennial Symposium, Geoffrey R. Stone Jan 1992

The Bill Of Rights In The Welfare State: A Bicentennial Symposium, Geoffrey R. Stone

Articles

No abstract provided.


A View From The Box: The Law Professor As Juror, Richard H. Mcadams Jan 1992

A View From The Box: The Law Professor As Juror, Richard H. Mcadams

Articles

No abstract provided.


In Memoriam: Hans, Cass R. Sunstein Jan 1992

In Memoriam: Hans, Cass R. Sunstein

Articles

No abstract provided.


Neutrality In Constitutional Law (With Special Reference To Pornography, Abortion, And Surrogacy), Cass R. Sunstein Jan 1992

Neutrality In Constitutional Law (With Special Reference To Pornography, Abortion, And Surrogacy), Cass R. Sunstein

Articles

No abstract provided.


On Analogical Reasoning Commentary, Cass R. Sunstein Jan 1992

On Analogical Reasoning Commentary, Cass R. Sunstein

Articles

No abstract provided.


On Marshall's Conception Of Equality Tribute, Cass R. Sunstein Jan 1992

On Marshall's Conception Of Equality Tribute, Cass R. Sunstein

Articles

No abstract provided.


Religious Participation In Public Programs--Religious Freedom At A Crossroads, Michael W. Mcconnell Jan 1992

Religious Participation In Public Programs--Religious Freedom At A Crossroads, Michael W. Mcconnell

Articles

No abstract provided.


The Deprofessionalization Of Legal Teaching And Scholarship, Richard A. Posner Jan 1992

The Deprofessionalization Of Legal Teaching And Scholarship, Richard A. Posner

Articles

No abstract provided.


A New Regime For Expert Witnesses, Richard A. Epstein Jan 1992

A New Regime For Expert Witnesses, Richard A. Epstein

Articles

No abstract provided.


The Indivisibility Of Liberty Under The Bill Of Rights, Richard A. Epstein Jan 1992

The Indivisibility Of Liberty Under The Bill Of Rights, Richard A. Epstein

Articles

No abstract provided.


Gender Is For Nouns, Richard A. Epstein Jan 1992

Gender Is For Nouns, Richard A. Epstein

Articles

No abstract provided.


International News Service V. Associated Press: Custom And Law As Sources Of Property Rights In News, Richard A. Epstein Jan 1992

International News Service V. Associated Press: Custom And Law As Sources Of Property Rights In News, Richard A. Epstein

Articles

No abstract provided.


Ms. Aristotle, Richard A. Posner Jan 1992

Ms. Aristotle, Richard A. Posner

Articles

No abstract provided.


Nietzsche And Aestheticism, Brian Leiter Jan 1992

Nietzsche And Aestheticism, Brian Leiter

Articles

No abstract provided.


Relative Preferences, Richard H. Mcadams Jan 1992

Relative Preferences, Richard H. Mcadams

Articles

No abstract provided.


Voluntary Petitions And The Creditors' Bargain, Randal C. Picker Jan 1992

Voluntary Petitions And The Creditors' Bargain, Randal C. Picker

Articles

No abstract provided.


To P.B.K. For Four Decades, Gerhard Casper Jan 1992

To P.B.K. For Four Decades, Gerhard Casper

Articles

No abstract provided.


The Politics Of Women's Wrongs And The Bill Of 'Rights': A Bicentennial Perspective, Mary E. Becker Jan 1992

The Politics Of Women's Wrongs And The Bill Of 'Rights': A Bicentennial Perspective, Mary E. Becker

Articles

No abstract provided.


The True Wisdom Of The Bill Of Rights, Philip B. Kurland Jan 1992

The True Wisdom Of The Bill Of Rights, Philip B. Kurland

Articles

No abstract provided.


Plea Bargaining As Compromise, Frank H. Easterbrook Jan 1992

Plea Bargaining As Compromise, Frank H. Easterbrook

Articles

No abstract provided.


Extending The New Patent Misuse Limitation To Copyright: Lasercomb America, Inc. V. Reynolds, Toshiko Takenaka Jan 1992

Extending The New Patent Misuse Limitation To Copyright: Lasercomb America, Inc. V. Reynolds, Toshiko Takenaka

Articles

This Article examines the decisional history that shaped the misuse doctrine and the interplay between the misuse defense and antitrust liability in patent and copyright infringement litigation. In particular, by examining the public interest and policy considerations underlying patent and antitrust laws, this Article compares and evaluates the new view that misuse must be analyzed by the conventional antitrust theories expressed by Judge Posner in USM Corp. v. SPS Technologies Inc. and the traditional view that was derived from the equity doctrine expressed in Morton Salt v. G.S. Suppiger.

Furthermore, this Article reviews the legislative history and the impact …


Introduction: The Bounds Of Advocacy, Robert H. Aronson Jan 1992

Introduction: The Bounds Of Advocacy, Robert H. Aronson

Articles

I was asked, as Reporter for the American Academy of Matrimonial Lawyers' Bounds of Advocacy, to provide an Introduction to the substantive issues discussed by members of the Committee in succeeding articles. This article will therefore "set the stage" by indicating the need for the Bounds of Advocacy, the charge to the Committee, the process by which the Standards and Comments were drafted, re-drafted, and then re-drafted again, and the appropriate scope, purpose and use of the Standards and Comments.


Standards Of Persuasion And The Distinction Between Fact And Law, Richard D. Friedman Jan 1992

Standards Of Persuasion And The Distinction Between Fact And Law, Richard D. Friedman

Articles

The invitation to respond in these pages to Gary Lawson's very interesting article, Proving the Law, was tempting enough. But what made it irresistible was Professor Lawson's comment that he is "addressing, with a brevity that borders on the irresponsible, subjects well beyond [his] depth." Now, that's the kind of debate I really like. Let me jump right in. A principal question raised by Lawson, which I find quite interesting, may be phrased in general, and purposefully ambiguous, terms as follows: Before an actor treats a proposition as a valid2 proposition of law, what standard of persuasion should that proposition …


Evidentiary Rules And Rulings: The Role Of Treatises, Richard D. Friedman Jan 1992

Evidentiary Rules And Rulings: The Role Of Treatises, Richard D. Friedman

Articles

I have devoted large gobs of time to work on a multi-author treatise on the law of evidence.' And before even one volume is published, I will devote further multiple gobs of time to the project-which, perhaps audaciously and perhaps merely foolishly, but with heredity and precedent on our side,2 we are calling The New Wigmore. Accordingly, I found the question posed by this symposium-Does Evidence Law Matter?-rather disquieting. If it is doubtful even whether the law of evidence matters, then how much can a treatise on the law of evidence matter, and how worthwhile can such a work be? …


The Tragedy Of The Commons, Part Two, James E. Krier Jan 1992

The Tragedy Of The Commons, Part Two, James E. Krier

Articles

This symposium is about the idea of "free market environmentalism" in general and the book Free Market Environmentalism, by Terry Anderson and Donald Leal,1 in particular. While I focus chiefly on Anderson and Leal's book, the discussion will necessarily involve the general idea of free market environmentalism as well. The conceit of my tide, which obviously derives from Garrett Hardin's celebrated essay on The Tragedy of the Commons,2 is this: Superficial differences aside, Hardin's essay and Anderson and Leal's book address the same fundamental problem of coordinating human behavior as it affects environmental quality. But both the essay and the …


Compensatory And Punitive Damages For A Personal Injury: To Tax Or Not To Tax, Douglas A. Kahn Jan 1992

Compensatory And Punitive Damages For A Personal Injury: To Tax Or Not To Tax, Douglas A. Kahn

Articles

Since the adoption in 1919 of the Revenue Act of 1918, damages received on account of personal injuries or sickness have been excluded by statute from gross income.1 This exclusion, which does not apply to reimbursements for medical expenses for which the taxpayer was previously allowed a tax deduction,2 is presently set forth in section 104(a)(2). One might expect that a provision having recently attained the ripe age of 75 years without change in its basic language would have a settled meaning. However, recent litigation under section 104(a)(2) bristles with unsettled issues. Does the exclusion apply to punitive damages? To …