Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 10 of 10

Full-Text Articles in Law

Incommensurable Choices And The Problem Of Moral Ignorance, Leo Katz Jan 1998

Incommensurable Choices And The Problem Of Moral Ignorance, Leo Katz

All Faculty Scholarship

No abstract provided.


The Newest Property: Reproductive Technologies And The Concept Of Parenthood, Kermit Roosevelt Iii Jan 1998

The Newest Property: Reproductive Technologies And The Concept Of Parenthood, Kermit Roosevelt Iii

All Faculty Scholarship

No abstract provided.


An Evolutionary Theory Of Corporate Law And Corporate Bankruptcy, David A. Skeel Jr. Jan 1998

An Evolutionary Theory Of Corporate Law And Corporate Bankruptcy, David A. Skeel Jr.

All Faculty Scholarship

In this Article, Professor Skeel argues that the important recent literature exploring historical and political influences on American corporate law has neglected a crucial component of corporate governance: corporate bankruptcy. Only by appreciating the complementary relationship between corporate law and corporate bankruptcy can we understand how corporate governance operates in any given nation. To show this, the Article contrasts American corporate governance with that of Japan and Germany. America's market-driven corporate governance can only function effectively if the bankruptcy framework includes a manager-driven reorganization option. The relational shareholding that characterizes Japanese and German corporate governance, by contrast, requires a much …


Foreword, Symposium, The Legal Profession: The Impact Of Law And Legal Theory, Geoffrey C. Hazard Jr. Jan 1998

Foreword, Symposium, The Legal Profession: The Impact Of Law And Legal Theory, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.


Hart's Methodological Positivism, Stephen R. Perry Jan 1998

Hart's Methodological Positivism, Stephen R. Perry

All Faculty Scholarship

No abstract provided.


Posner's Economic Approach To Comparative Law, William Ewald Jan 1998

Posner's Economic Approach To Comparative Law, William Ewald

All Faculty Scholarship

No abstract provided.


An Historical Analysis Of The Binding Nature Of Class Suits, Geoffrey C. Hazard Jr., John L. Gedid, Stephen Sowie Jan 1998

An Historical Analysis Of The Binding Nature Of Class Suits, Geoffrey C. Hazard Jr., John L. Gedid, Stephen Sowie

All Faculty Scholarship

No abstract provided.


Testing Competing Theories Of Justification, Paul H. Robinson, John M. Darley Jan 1998

Testing Competing Theories Of Justification, Paul H. Robinson, John M. Darley

All Faculty Scholarship

Present criminal law theory reflects a disagreement over the underlying theory of the justificatory principle, and thus the proper legal formulation of such defenses. At the core of the debate about the principle is the following question. Are justification defenses given because the actor's deed avoids a greater harm, or because she acted for the right reason? The deeds theory of justification justifies conduct that avoids a greater harm, because the conduct is conduct that we would be happy to tolerate under similar circumstances in the future: that is, because the actor has done the right deed. The reasons theory …


Moral Responsibility: A Story, An Argument, And A Vision, Stephen J. Morse Jan 1998

Moral Responsibility: A Story, An Argument, And A Vision, Stephen J. Morse

All Faculty Scholarship

No abstract provided.


In Defense Of The Model Penal Code: A Reply To Professor Fletcher, Paul H. Robinson Jan 1998

In Defense Of The Model Penal Code: A Reply To Professor Fletcher, Paul H. Robinson

All Faculty Scholarship

No abstract provided.