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1996

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Articles 1 - 30 of 182

Full-Text Articles in Law

Moral Discourse, Bioethics, And The Law, Carl E. Schneider Nov 1996

Moral Discourse, Bioethics, And The Law, Carl E. Schneider

Articles

Dan Callahan follows a distinguished tradition when he uses the phrase "moral discourse" to describe the law's work. The frequency with which that image is deployed suggests its resonance and even rightness: When we think about the way society considers moral issues and develops moral positions, it can be useful to imagine the law as one of many social institutions that contribute to a social discussion. Nevertheless, this image is misleading. At least for our (graying and balding) genera- tions, the law is regarded as a worthy participant in American moral discourse preeminently because of its part in the civil …


Stupid Lawyer Tricks: An Essay On Discovery Abuse, Charles M. Yablon Oct 1996

Stupid Lawyer Tricks: An Essay On Discovery Abuse, Charles M. Yablon

Articles

No abstract provided.


The Good, The Bad, And The Frivolous Case: An Essay On Probability And Rule 11, Charles M. Yablon Oct 1996

The Good, The Bad, And The Frivolous Case: An Essay On Probability And Rule 11, Charles M. Yablon

Articles

This essay begins by asking why lawyers bring frivolous cases, cases which, under the standard definitions of frivolousness, have no chance of success and should never have been brought. Rejecting the usual answers of lawyer stupidity and greed, it offers a different view of the frivolous case --that most of the cases that have been challenged and sanctioned in recent years under Rule 11 were brought by lawyers bringing cases they reasonably believed had a low (but not zero) probability of success. This provides a more plausible explanation for wy lawyers persist in bringing such cases, since they are essentially …


Copyright Law And Electronic Access To Information, Jessica D. Litman Oct 1996

Copyright Law And Electronic Access To Information, Jessica D. Litman

Articles

At the same time as we have been discovering the Internet’s enormous potential to enhance access to information and revolutionize the ways libraries do business, the Internet’s high profile in popular media has made it the focus of a wide spectrum of fears about the future. This paper focuses on pending proposals to amend copyright law to enhance the control copyright owners wield over the appearance of their works on digital networks. These proposals would stifle libraries’ use of the Internet. Libraries and their supporters must participate in the copyright debate, and think creatively about new models for copyright. The …


Toward A Tax-Based Explanation Of The Liability Insurance Crisis, Kyle D. Logue Sep 1996

Toward A Tax-Based Explanation Of The Liability Insurance Crisis, Kyle D. Logue

Articles

The so-called liability insurance crisis of 1985 and 1986 transformed the way we think about tort law and about liability insurance markets. The crisis phenomena, which first appeared in late 1984 and lasted until mid-1986, consisted of enormous increases in liability insurance premiums and alarming reductions in the availability of certain types of liability coverage. In the two principal liability lines of insurance (Other Liability and Medical Malpractice), premiums increased by hundreds (in some cases thousands) of percentage points in a matter of months. At the same time, the availability of liability insurance contracted sharply. The liability policies that were …


Intellectual Property Issues In Genomics, Rebecca S. Eisenberg Aug 1996

Intellectual Property Issues In Genomics, Rebecca S. Eisenberg

Articles

Controversy over intellectual property rights in the results of large-scale cDNA sequencing raises intriguing questions about the roles of the public and private sectors in genomics research, and about who stands to benefit (and who stands to lose) from the private appropriation of genomic information. While the US Patent and Trademark Office has rejected patent applications on cDNA fragments of unknown function from the National Institutes of Health, private firms have pursued three distinct strategies for exploiting unpatented cDNA sequence information: exclusive licensing, non-exclusive licensing and dedication to the public domain.


Political Deliberation, Affirmative Action, And The Supreme Court, Cass R. Sunstein Jul 1996

Political Deliberation, Affirmative Action, And The Supreme Court, Cass R. Sunstein

Articles

No abstract provided.


Fundamental Justice And The Deflection Of Refugees From Canada, James C. Hathaway Jun 1996

Fundamental Justice And The Deflection Of Refugees From Canada, James C. Hathaway

Articles

Canada is preparing to implement a controversial provision of the Immigration Act that will deny asylum seekers the opportunity even to argue their need for protection from persecution. Under a policy labelled "deflection" by the authors, the claims of refugees who travel to Canada through countries deemed safe, likely the United States and eventually Europe, will be rejected without any hearing on the merits. Because deflection does not require substantive or procedural harmonization of refugee law among partner states, it will severely compromise the ability of genuine refugees to seek protection.


Why Is This Man A Moderate? (Reviewing William A. Fischel, Regulatory Takings: Law, Economics And Politics (1995)), Richard A. Epstein May 1996

Why Is This Man A Moderate? (Reviewing William A. Fischel, Regulatory Takings: Law, Economics And Politics (1995)), Richard A. Epstein

Articles

No abstract provided.


Probation Officers Look At Plea Bargaining, And Do Not Like What They See, David Yellen May 1996

Probation Officers Look At Plea Bargaining, And Do Not Like What They See, David Yellen

Articles

The Probation Officers Advisory Group's survey provides valuable insights into plea bargaining practices under the federal guidelines. Probation officers play a crucial role in guideline sentencing, and their views on the plea bargaining process are significant both because of their proximity to that process and the influence they wield with judges. The survey responses thus deserve attention and may spark lively debate within the Sentencing Commission and elsewhere. Depending on one's perspective, the picture that emerges is of plea bargaining either as a safety valve to mitigate the harshness and rigidity of the guidelines, or an unregulated process that threatens …


The Jerusalem Embassy Act, Malvina Halberstam Apr 1996

The Jerusalem Embassy Act, Malvina Halberstam

Articles

No abstract provided.


Discrimination Helps Companies Trade On Women's Sexuality, Mary E. Becker Feb 1996

Discrimination Helps Companies Trade On Women's Sexuality, Mary E. Becker

Articles

No abstract provided.


Offer, Acceptance, And Efficient Reliance, Richard Craswell Feb 1996

Offer, Acceptance, And Efficient Reliance, Richard Craswell

Articles

In this article, Professor Craswell explores efficient reliance as an implicit economic rationale underlying courts' decisions in contract formation cases. Contracting parties often fail to express their intentions clearly and courts must later decide what the parties would have wanted ex ante. When negotiations fail, one party (S) may deny ever making a commitment, while the other party (B) may claim to have relied on the first party's statements or conduct. Professor Craswell observes that courts often find a binding commitment by S when reliance by B would have been efficient. After explaining when reliance is efficient, and why the …


The Constitution In Congress: The Third Congress, 1793-1795, David P. Currie Jan 1996

The Constitution In Congress: The Third Congress, 1793-1795, David P. Currie

Articles

No abstract provided.


Contract And Trust In Corporate Law: The Case Of Corporate Opportunity, Richard A. Epstein Jan 1996

Contract And Trust In Corporate Law: The Case Of Corporate Opportunity, Richard A. Epstein

Articles

No abstract provided.


Regulation In The Single Global Market: From Anarchy To World Federalism?, Diane P. Wood Jan 1996

Regulation In The Single Global Market: From Anarchy To World Federalism?, Diane P. Wood

Articles

No abstract provided.


The Anonymity Tool, Saul Levmore Jan 1996

The Anonymity Tool, Saul Levmore

Articles

No abstract provided.


Law, Economics, And Inefficient Norms, Eric A. Posner Jan 1996

Law, Economics, And Inefficient Norms, Eric A. Posner

Articles

No abstract provided.


Rediscovering Blackstone, Albert W. Alschuler Jan 1996

Rediscovering Blackstone, Albert W. Alschuler

Articles

No abstract provided.


A Call For A Unified Business Organization Law, John H. Matheson, Brent A. Olson Jan 1996

A Call For A Unified Business Organization Law, John H. Matheson, Brent A. Olson

Articles

The authors propose a wholesale reformation of business organization law. The current regime of business organization law reflects an attempt to blend the benefits of limited liability with conduit or flow-through taxation. The result has been a haphazard development of business forms, often created to satisfy shifting federal tax law guidelines. The authors trace this development, from the traditional corporation and partnership forms through limited partnerships and Subchapter S corporations to the recent organizational forms of limited liability companies and limited liability partnerships. The authors show how the search for the ideal organizational form has failed, leaving an unwieldy morass …


Precommitment Politics, Saul Levmore Jan 1996

Precommitment Politics, Saul Levmore

Articles

No abstract provided.


Norms, Formalities, And The Statute Of Frauds: A Comment, Eric A. Posner Jan 1996

Norms, Formalities, And The Statute Of Frauds: A Comment, Eric A. Posner

Articles

No abstract provided.


Pragmatic Adjudication, Richard A. Posner Jan 1996

Pragmatic Adjudication, Richard A. Posner

Articles

No abstract provided.


A Cooperative Framework For National Regulators, Diane P. Wood Jan 1996

A Cooperative Framework For National Regulators, Diane P. Wood

Articles

No abstract provided.


Congress, Constitutional Moments, And The Cost-Benefit State Legislative Foreword, Cass R. Sunstein Jan 1996

Congress, Constitutional Moments, And The Cost-Benefit State Legislative Foreword, Cass R. Sunstein

Articles

In this article, Cass Sunstein explores the 104th Congress' attempts at regulatory reform. Professor Sunstein believes that the election of this Congress, with its distinctive approach to government, signals the dawning of a "constitutional moment" in which the role of government at all levels will be reexamined. Without full public support for sweeping changes in government, this moment has not yet materialized. When and if it does, regulatory reform will be one of its aspects. Indeed the nation has already begun to examine regulation to determine ifth e benefits justify the costs. Unfortunately, the 104th Congress has, thus far, failed …


Right To Die, The, Cass R. Sunstein Jan 1996

Right To Die, The, Cass R. Sunstein

Articles

No abstract provided.


You're My What? -The Problem Of Children's Misperceptions Of Their Lawyers' Roles, Emily Buss Jan 1996

You're My What? -The Problem Of Children's Misperceptions Of Their Lawyers' Roles, Emily Buss

Articles

A lawyer representing seven-year-old James discussed James' options with him at considerable length. She explained to him that he had a number of choices about where he would live, some with family, some in foster care, and she took pains to discuss the likely consequences of each of his choices. James participated actively in the conversation, and had no trouble following the substance of the discussion. At the end of their conversation, the lawyer asked James what option he would like her to pursue. His direction to counsel: "I think I'd like to live with you.


General Propositions And Concrete Cases (With Special Reference To Affirmative Action And Free Speech) Oliver Wendell Holmes Devise Lecture Symposium, Cass R. Sunstein Jan 1996

General Propositions And Concrete Cases (With Special Reference To Affirmative Action And Free Speech) Oliver Wendell Holmes Devise Lecture Symposium, Cass R. Sunstein

Articles

On October 27, 1995, the Wake Forest University School of Law hosted the Oliver Wendell Holmes Devise Lecture Series. Professor Cass R. Sunstein, the Karl N. Llewellyn Professor of Jurisprudence at the University of Chicago School of Law, delivered the following remarks as the lecture's keynote address. In addition, the lecture included four distinguished panelists who spoke in response to Professor Sunstein: A.E. Dick Howard, the White Burkett Miller Professor of Law and Public Affairs at the Virginia School of Law; Professor Sheri Lynn Johnson from Cornell Law School; and Professor Michael Kent Curtis and Professor Ronald F. Wright from …


Private Speech, Public Purpose: The Role Of Governmental Motive In First Amendment Doctrine, Elena Kagan Jan 1996

Private Speech, Public Purpose: The Role Of Governmental Motive In First Amendment Doctrine, Elena Kagan

Articles

No abstract provided.


Merchant Law In A Merchant Court: Rethinking The Code's Search For Immanent Business Norms, Lisa Bernstein Jan 1996

Merchant Law In A Merchant Court: Rethinking The Code's Search For Immanent Business Norms, Lisa Bernstein

Articles

No abstract provided.