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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
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
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
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
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
The Imperial Presidency's New Vestments, A. Michael Froomkin
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.
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
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
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
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
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
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
Rethinking Rawls' Theory Of Liberty And Rights, James W. Nickel
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
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
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
Adequate Protection Payments And The Surrender Of Cash Collateral In Chapter 11 Reorganization, David G. Carlson
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
Doctor Duxbury’S Cure: Or, A Note On Legal Historiography, Peter Goodrich
Articles
No abstract provided.
Decriminalizing Prostitution: Liberalization Or Dehumanization, Jeanne L. Schroeder
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
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
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
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
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
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
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
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
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
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
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.