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1994

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Institution
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Articles 61 - 90 of 128

Full-Text Articles in Law

The Reorganization Of Closely Held Firms And The 'Opt Out' Problem, Douglas G. Baird Jan 1994

The Reorganization Of Closely Held Firms And The 'Opt Out' Problem, Douglas G. Baird

Articles

No abstract provided.


Caste And The Civil Rights Laws: From Jim Crow To Same-Sex Marriages, Richard A. Epstein Jan 1994

Caste And The Civil Rights Laws: From Jim Crow To Same-Sex Marriages, Richard A. Epstein

Articles

No abstract provided.


Reproductive Hazards After Johnson Controls, Mary E. Becker Jan 1994

Reproductive Hazards After Johnson Controls, Mary E. Becker

Articles

No abstract provided.


Constitution In Congress: Substantive Issues In The First Congress, 1789-1791, David P. Currie Jan 1994

Constitution In Congress: Substantive Issues In The First Congress, 1789-1791, David P. Currie

Articles

No abstract provided.


For A Bramwell Revival, Richard A. Epstein Jan 1994

For A Bramwell Revival, Richard A. Epstein

Articles

No abstract provided.


The Imperial Presidency's New Vestments, A. Michael Froomkin Jan 1994

The Imperial Presidency's New Vestments, A. Michael Froomkin

Articles

No abstract provided.


The Seven Statutory Wonders Of U.S. Environmental Law: Origins And Morphology, William H. Rodgers, Jr. Jan 1994

The Seven Statutory Wonders Of U.S. Environmental Law: Origins And Morphology, William H. Rodgers, Jr.

Articles

Students from around the world often ask my opinion on the most influential or effective of the United States environmental laws. I offer an opinion based on two criteria: What laws have contributed most to protection of the natural world and what laws have been most emulated? The second criterion is obviously an indicator of output, not of direct consequence. However, a linkage between the spread of strong laws and degree of environmental protection is assumed.

In theory, of course, the questions of "how much protection" and "how many laws" can be answered empirically. But this story is available only …


On The Relevance Of The Admissibility Of Scientific Evidence: Tort System Outcomes Are Principally Determined By Lawyers’ Rates Of Return, Lester Brickman Jan 1994

On The Relevance Of The Admissibility Of Scientific Evidence: Tort System Outcomes Are Principally Determined By Lawyers’ Rates Of Return, Lester Brickman

Articles

No abstract provided.


Relational Practices And The Marginalization Of Law: Informal Financial Practices Of Small Businesses In Taiwan, Jane Kaufman Winn Jan 1994

Relational Practices And The Marginalization Of Law: Informal Financial Practices Of Small Businesses In Taiwan, Jane Kaufman Winn

Articles

This article looks at one component of Taiwan's development experience, the informal financing techniques used by small businesses, to clarify the interaction between the formal Republic of China (ROC) legal system and the network structure of Taiwanese society. The ROC legal system has supported the economic development process directly by regulating economic activity, and indirectly by facilitating the networks of relationships that also regulate economic activity.

The relational structure of traditional, rural Chinese society has survived in a modified form in modem Taiwan, and this modem form selectively blends elements of the modem legal system, networks of relationships, and the …


Roundtable Discussion: Science, Environment, And The Law, James E. Krier Jan 1994

Roundtable Discussion: Science, Environment, And The Law, James E. Krier

Articles

Science, environment, and the law is our topic. The problem of interest to me has to do with risk regulation and, more particularly, with the fact that technical and scientific views of risk differ dramatically from lay or public views. How is this conflict to be managed and resolved? I have to go through my account very quickly, given the time constraint, so let me mention that it is based on an article that sets out my arguments at length.'


Interstate Consolidation: A Comparison Of The Ali Project With The Uniform Transfer Of Litigation Act (American Law Institute Complex Litigation Project: A Symposium, In Memoriam Donald Theodore Trautman), Edward H. Cooper Jan 1994

Interstate Consolidation: A Comparison Of The Ali Project With The Uniform Transfer Of Litigation Act (American Law Institute Complex Litigation Project: A Symposium, In Memoriam Donald Theodore Trautman), Edward H. Cooper

Articles

The Uniform Transfer of Litigation Act (UTLA) was undertaken for purposes simpler than the mass consolidation of multiparty, multiforum litigation. It seeks to create an effective tool that can be used to reduce some of the artificial barriers that tradition has erected around the sovereign separateness of the many different court systems in this country. The fact of separate sovereignty must be recognized, however, and to this end consent of both transferring and receiving courts is required. Within the consent requirement, transfer from the court system of one sovereign to the court system of another can improve on present practices …


Unemployment Insurance: American Social Wage, Labor Organization And Legal Ideology, Kenneth M. Casebeer Jan 1994

Unemployment Insurance: American Social Wage, Labor Organization And Legal Ideology, Kenneth M. Casebeer

Articles

No abstract provided.


Still Naked After All These Words, A. Michael Froomkin Jan 1994

Still Naked After All These Words, A. Michael Froomkin

Articles

No abstract provided.


Rethinking Rawls' Theory Of Liberty And Rights, James W. Nickel Jan 1994

Rethinking Rawls' Theory Of Liberty And Rights, James W. Nickel

Articles

No abstract provided.


Rewiring The First Amendment: Meaning, Content And Public Broadcasting, Donald W. Hawthorne, Monroe E. Price Jan 1994

Rewiring The First Amendment: Meaning, Content And Public Broadcasting, Donald W. Hawthorne, Monroe E. Price

Articles

No abstract provided.


The True Story: Response To Five Essayists, Richard H. Weisberg Jan 1994

The True Story: Response To Five Essayists, Richard H. Weisberg

Articles

No abstract provided.


Settle Or Sue: What Else Can I Do?, Lela P. Love Jan 1994

Settle Or Sue: What Else Can I Do?, Lela P. Love

Articles

No abstract provided.


Adequate Protection Payments And The Surrender Of Cash Collateral In Chapter 11 Reorganization, David G. Carlson Jan 1994

Adequate Protection Payments And The Surrender Of Cash Collateral In Chapter 11 Reorganization, David G. Carlson

Articles

No abstract provided.


Doctor Duxbury’S Cure: Or, A Note On Legal Historiography, Peter Goodrich Jan 1994

Doctor Duxbury’S Cure: Or, A Note On Legal Historiography, Peter Goodrich

Articles

No abstract provided.


Decriminalizing Prostitution: Liberalization Or Dehumanization, Jeanne L. Schroeder Jan 1994

Decriminalizing Prostitution: Liberalization Or Dehumanization, Jeanne L. Schroeder

Articles

No abstract provided.


Living With The Ban On Nonrefundable Retainers: Cooperman's Scope, Meaning And Consequences, Lester Brickman, Lawrence A. Cunningham Jan 1994

Living With The Ban On Nonrefundable Retainers: Cooperman's Scope, Meaning And Consequences, Lester Brickman, Lawrence A. Cunningham

Articles

No abstract provided.


The Future Of The United Nations Convention On The Law Of The Sea, John R. Stevenson, Bernard H. Oxman Jan 1994

The Future Of The United Nations Convention On The Law Of The Sea, John R. Stevenson, Bernard H. Oxman

Articles

No abstract provided.


Interpreting Oriental Cases: The Law Of Alterity In The Colonial Courtroom, Kunal Parker Jan 1994

Interpreting Oriental Cases: The Law Of Alterity In The Colonial Courtroom, Kunal Parker

Articles

No abstract provided.


Corporate Law's Race To Nowhere In Particular, William Wilson Bratton Jan 1994

Corporate Law's Race To Nowhere In Particular, William Wilson Bratton

Articles

No abstract provided.


A Matter Of Opinion: Milkovich Four Years Later, Kathryn D. Sowle Jan 1994

A Matter Of Opinion: Milkovich Four Years Later, Kathryn D. Sowle

Articles

No abstract provided.


No Time For Trumpets: Title Vii, Equality, And The Fin De Siecle, D. Marvin Jones Jan 1994

No Time For Trumpets: Title Vii, Equality, And The Fin De Siecle, D. Marvin Jones

Articles

No abstract provided.


Character Impeachment Evidence: The Asymmetrical Interaction Between Personality And Situation, Richard D. Friedman Jan 1994

Character Impeachment Evidence: The Asymmetrical Interaction Between Personality And Situation, Richard D. Friedman

Articles

In Part I of this Comment, I present a short version of my argument against the admissibility of character impeachment evidence of criminal defendants, showing how the key elements ofthis argument are present in Professor Uviller's own Article. In Part II, I suggest that, notwithstanding Professor Uviller's comments to the contrary, an asymmetrical result-never admitting character evidence to impeach criminal defendants but admitting such evidence in some circumstances to impeach other witnesses- is perfectly reasonable. Finally, in Part III, I contend that Professor Uviller's interesting judicial surveys support the solution I have proposed for the problem of character impeachment evidence.


The Making Of The Model Employment Termination Act, Theodore J. St. Antoine Jan 1994

The Making Of The Model Employment Termination Act, Theodore J. St. Antoine

Articles

Courts in about 45 states have ameliorated the harshness of employment at will, but the common-law modifications still exhibit serious deficiencies. Legislation is needed. The Model Employment Termination Act proposes a balanced compromise. It would protect most employees against discharge without good cause and it would relieve employers of the risk of devastating financial losses When liability is imposed. Arbitration procedures under the Model Act would also be simpler, faster, and cheaper than existing court proceedings.


Stress And Health In 1st-Year Law Students: Women Fare Worse, Daniel N. Mcintosh, Julie Keywell, Alan Reifman, Phoebe C. Ellsworth Jan 1994

Stress And Health In 1st-Year Law Students: Women Fare Worse, Daniel N. Mcintosh, Julie Keywell, Alan Reifman, Phoebe C. Ellsworth

Articles

The social and psychological consequences of being a female law student may include greater stress and worse health than that experienced by male students. First-year law students at a major state university were surveyed about their physical and psychological health prior to, in the middle of, and at the end of the school year. They were also asked about specific sources of strain (e.g., grades, time pressure) at mid-year. Relative to men, women reported greater strain due to sexism, lack of free time, and lack of time to spend with one’s spouse/partner. Women also displayed more depression and physical symptoms …


The Death And Transfiguration Of Frye, Richard D. Friedman Jan 1994

The Death And Transfiguration Of Frye, Richard D. Friedman

Articles

The rule of Frye v. United States was seventy years old, and had long dominated American law on the question of how well established a scientific principle must be for it to provide the basis for expert testimony. Even after the passage of the Federal Rules of Evidence, several of the federal circuits, as well as various states, purported to adhere to Frye's "general acceptance" standard. But now, unanimously, briefly, and with no apparent angst, the United States Supreme Court has held in Daubert v. Merrell Dow Pharmaceuticals, Inc. that the Frye rule is incompatible with the Federal Rules.