Law Commons^™

Optimal Regulation Of Aids, Richard A. Posner, Tomas J. Philipson

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Revisiting Auctions In Chapter 11, Douglas G. Baird

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Quasi-Constitutional Law: Clear Statement Rules As Constitu, William N. Eskridge, Jr., Philip P. Frickey

Vanderbilt Law Review

In one of the most celebrated law review articles of all time, Karl Llewellyn argued that the traditional canons of statutory construction are not reliable guides to predicting judicial interpretations, because for every canon supporting one interpretation there is a counter-canon cutting against that interpretation. He accomplished his tour de force in large part by focusing upon the "referential" canons-rules referring the Court to an outside or preexisting source to determine statutory meaning'-and upon the "linguistic" canons-general conventions of language, grammar, and syntax. Llewellyn did not explore in any detail the "substantive" canons, the clear statement rules or presumptions of …

The Canons Of Statutory Construction And Judicial Preferences, Jonathan R. Macey, Geoffrey P. Miller

Vanderbilt Law Review

A regrettable side-effect of Karl Llewellyn's interesting critique of the canons of statutory construction was that intellectual debate about the canons was derailed for almost a quarter of a century. In his critique, Professor Llewellyn purported to show that the canons of statutory construction were useless as rules for guiding decisions. His claim, that every canon could be countered by an equal and opposite counter- canon, transformed the canons from exalted neutral principles into "conclusory explanations appended after the fact to justify results reached on other grounds."

This Article's first goal is to demonstrate that Karl Llewellyn's critique was largely …

Table Of Contents

South Carolina Law Review

No abstract provided.

Peremptory Challenges: Edmonson V. Leesville Concrete Co. And The Batson Motion In Civil Litigation, Michael V. Hammond

South Carolina Law Review

No abstract provided.

Securities Laws And The Social Costs Of Inaccurate Stock Prices, Marcel Kahan

Duke Law Journal

No abstract provided.

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

Duke Law Journal

No abstract provided.

Aids And Erisa Preemption: The Double Threat, James R. Bruner

Duke Law Journal

No abstract provided.

Targeting Sports Agents With The Mail Fraud Statute: United States V. Norby Walters & Lloyd Bloom, Landis Cox

Duke Law Journal

No abstract provided.

To Lend Or Not To Lend—That Should Not Be The Question: The Uncertainties Of Lender Liability Under Cercla, Michael I. Greenberg, David M. Shaw

Duke Law Journal

No abstract provided.

Invisible Cities: The Constitutional Status Of Direct Democracy In A Democratic Republic, Douglas H. Hsiao

Duke Law Journal

No abstract provided.

Journal Staff

Duke Law Journal

No abstract provided.

The Road To Repose: Limitations On Avoidance Actions In Chapter 11 Via 11 U.S.C. § 546(A)(2), Paul David Brusiloff

Cardozo Law Review

No abstract provided.

Taking Interest In A Cure: Compensation For Time Value Of Chapter 13 Residential Mortgage Arrears, Jonathan S. Fields

Cardozo Law Review

No abstract provided.

The Costs Of Incoherence: A Comment On Plain Meaning, West Virginia University Hospitals, Inc. V. Casey, And Due Process Of Statutory Interpretation, T. Alexander Aleinikoff, Theodore M. Shaw

Vanderbilt Law Review

Karl Llewellyn's classic article on the canons of statutory construction, which we rightly celebrate in this Symposium, is too clever by half. To the reader untutored in the scholarly literature on statutory interpretation, the "thrust but parry" pairing of the canons is a delightful demonstration of how legal argument is structured in a way guaranteed to maintain discretion in the judiciary and to keep lawyers in business. No case involving a statute is clear cut because the canons can lend support to either side. This means that no lawyer is without an argument, and a judge is free to do …

The Presumption Of Reviewability: A Study In Canonical Construction And Its Consequences, Daniel B. Rodriguez

Vanderbilt Law Review

The much-maligned canons of statutory construction stubbornly have survived, largely on the strength of the assertion that whatever the aim of the statute's interpretation, an interpretive canon will improve the chances that the statute's aim will be realized. Canonical construction serves two different functions. Some of the canons ostensibly are designed as short-cuts to the discovery of the legislature's "true" intent. Professor Geoffrey Miller has explained how the canons may reflect the judicial articulations of conversational conventions that help courts understand otherwise vexing statutory language.' Canons may also serve as surrogates for other, better evidence of legislators' intent. In this …

The Canons Of Statutory Construction And Judicial Constraints: A Response To Macey And Miller, Lawrence C. Marshall

Vanderbilt Law Review

Professors Jonathan Macey and Geoffrey Miller claim to have set out to provide a positivist explanation for why judges ever invoke canons in the course of interpreting statutes.' In truth, though, their question is a far broader one. What they really seek to explain is why judges ever use any interpretive tools in the course of interpreting statutes. Why, Macey and Miller want to know, don't judges simply decide what result in the case will best promote a good outcome on the grounds of public policy, intrinsic fairness, economic efficiency or wealth maximization? This question is perplexing to Macey and …

Connecticut Compendium Of International And Comparative Legal Scholarship

Connecticut Journal of International Law

Welcome to the second Connecticut Compendium. The Compendium is an indexed compilation of abstracts from international and comparative law journals throughout the United States. Each participating journal has supplied the Connecticut Journal of International Law with synopses of the articles and student written materials published between 15 September 1991 and 10 February 1992. These abstracts, alphabetized by journal name, are set forth herein as they were received, without substantial editing.

Decision-Making Under Section 304 Of The Bankruptcy Code: The Necessity For A Balanced Approach, Ronald J. Silverman

Connecticut Journal of International Law

The international economy continues to expand, spreading the reach of multinational companies across the globe. Inevitably, some of these same multinational entities become multinational debtors requiring bankruptcy protection. These bankruptcies have far-reaching ramifications, especially with regard to creditors residing abroad.

Many barriers exist to obstruct the quick, efficient and equitable resolution of international bankruptcies. Few international bankruptcy treaties, either bilateral or multilateral, exist, and the United States is party to none. Different countries have different bankruptcy policies. Some countries such as the United States encourage rehabilitation,1 while others like Germany emphasize liquidation.2 Some countries, such as Brazil, restrict bankruptcy eligibility …

State Buy American Laws In A World Of Liberal Trade, Geraldo Pascual

Connecticut Journal of International Law

According to some estimates, each job which the United States government saves through the imposition of quotas on foreign goods costs the rest of society an additional $100,000 in increased consumer prices.' Yet, legislation continues to impede the flow of goods and services across national boundaries.

An example of such legislation is Pennsylvania's Buy American statute requiring that the steel used in state projects be made in the United States." In a decision hailed "not only as a victory for the [nation's steel] industry but as a victory for all American workers,"' the Third Circuit Court of Appeals upheld the …

Attorneys' Malpractice Policies: Regulatory Exclusions And Public Policy, Susan Saab Fortney

Faculty Scholarship

The courts have yet to decide the issue of the enforceability of provisions in legal malpractice insurance policies that specifically exclude from coverage claims made by government regulators such as the FDIC. The question has reached the courts with respect to such exclusionary provisions in directors' and officers' liability insurance policies, and here the courts are split. The author discusses the current case law and the statutory developments.

Foreword: A Tribute To Robert W. Kastenmeier, L. Ray Patterson, David Lange

Law and Contemporary Problems

No abstract provided.

Civil Remedies For Intellectual Property Invasions: Themes And Variations, Ralph S. Brown

Law and Contemporary Problems

The remedial schemes involved in intellectual property cases are examined, including preliminary injunction relief, permanent injunctions and monetary remedies.

Copyright, Paul Goldstein

Law and Contemporary Problems

The purpose of copyright laws is discussed. Copyright is essentially about protecting the autonomy of authors.

Congressman Robert Kastenmeier And Professor John Stedman: A Thirty-Five Year Relationship, John A. Kidwell

Law and Contemporary Problems

The professional relationship between Congressman Robert Kastenmeier and law professor John Stedman is discussed. John Stedman was a positive influence on Kastenmeier's thinking on patent and copyright issues.

At Play In The Fields Of The Word: Copyright And The Construction Of Authorship In The Post-Literate Millennium, David Lange

Law and Contemporary Problems

The future of intellectual property rights is discussed. The emergence of new technologies will free authors from the constraints of publishers, and may lead to the transformation of copyright law.

The Tell-Tale “Heart”: Determining “Fair” Use Of Unpublished Texts, Karen Burke Lefevre

Law and Contemporary Problems

Copyright laws require that courts consider at least four factors in determining whether a quotation or close paraphrase of another's unpublished work without permission falls under "fair use." Several cases involving "fairuse" are discussed.

Copyright And Information Policy, Jessica Litman

Law and Contemporary Problems

The basic principle that copyright protects neither ideas nor information has eroded recently. Recent court decisions and government policies that expand copyright laws are discussed.

Bob Kastenmeier And The Legislative Process: Sui Generis And Proud Of It, Ralph Oman

Law and Contemporary Problems

The legislative legacy of Robert W. Kastenmeier, Chairman of the Senate Subcommittee on Patents, Copyrights and Trademarks, is discussed. Kastenmeier's contributions to intellectual property law are discussed.