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Articles 2071 - 2100 of 7802
Full-Text Articles in Law
Large Law Firm Misery: It's The Tournament, Not The Money, Marc S. Galanter, Thomas M. Palay
Large Law Firm Misery: It's The Tournament, Not The Money, Marc S. Galanter, Thomas M. Palay
Vanderbilt Law Review
Will young lawyers truly be happier and more fulfiled if they can restrain their appetite for money? Professor Schiltz's wonderful sermon certainly provides a stirring argument in the affirmative. In his eyes, it is greed (or materialism) that has led to the decline of the profession and makes lawyers unhappy. Lawyers' lust for money is at the root of their unhappiness with the profession.' This is broken down into two steps: "[m]oney is at the root of virtually everything that lawyers don't like about their profession: the long hours, the commercialization," etc., etc. And their obsession with money leads lawyers …
Beyond The Caricature: The Benefits And Challenges Of Large-Firm Practice, Mary A. Mclaughlin
Beyond The Caricature: The Benefits And Challenges Of Large-Firm Practice, Mary A. Mclaughlin
Vanderbilt Law Review
I am the arch-villain of Professor Schiltz's article-not just a partner at a big firm, but the Hiring Partner. Because I have spent part of my career in government service and teaching, I may be uniquely positioned to react to Professor Schiltz's article. After get- ting out of law school in 1976, I clerked for a federal judge for a year and then went to a big firm in Washington, D.C. In 1980, became an Assistant United States Attorney, working as a criminal prosecutor for three-and-a-half years. I then went to Vanderbilt Law School where for two years I taught …
Slouching Towards Equality, Christopher J. Peters
Slouching Towards Equality, Christopher J. Peters
All Faculty Scholarship
Drawing on his work in two previous articles, Christopher Peters contends that uncertainty about substantive moral norms cannot justify a presumption of equal treatment. Arguments for equal treatment in the face of uncertainty are types of consequentialist claims; they are not claims of what Peters calls prescriptive equality, that is, for treating likes alike merely because they are alike. Peters contends that the consequentialist case for equal treatment as a response to uncertainty fails in two respects. First, it fails to demonstrate that equal treatment is likely to be a more satisfactory response to moral uncertainty than unequal treatment. Second, …
Associate Professor Patrick J. Schiltz, Diploma Ceremony Address, Notre Dame Law School
Associate Professor Patrick J. Schiltz, Diploma Ceremony Address, Notre Dame Law School
Commencement Programs
Commencement Speech by BY ASSOCIATE PROFESSOR PATRICK J. SCHILTZ, RECIPIENT OF THE 1999 LAW SCHOOL DISTINGUISHED TEACHER AWARD.
The Tobacco Litigation And Attorneys' Fees, Daniel J. Capra, Lester Brickman, Michael Ciresi, Barbara S. Gillers, Robert Montgomery
The Tobacco Litigation And Attorneys' Fees, Daniel J. Capra, Lester Brickman, Michael Ciresi, Barbara S. Gillers, Robert Montgomery
Articles
No abstract provided.
Do People Want Optimal Deterrence?, David Schkade, Cass R. Sunstein, Daniel Kahneman
Do People Want Optimal Deterrence?, David Schkade, Cass R. Sunstein, Daniel Kahneman
Coase-Sandor Institute for Law & Economics Research Paper Series
No abstract provided.
Reply To Comments On Reconstructing Atticus Finch, Steven Lubet
Reply To Comments On Reconstructing Atticus Finch, Steven Lubet
Michigan Law Review
Reconstructing Atticus Finch was intended to be provocative, so I am not surprised at the strength of the responses. Neither should I be surprised by the continuing reverence engendered by the fictional Atticus Finch; as I pointed out in my original essay, he is our moral archetype. Indeed, it was the accepted nobility of the character that made my question worth asking in the first place. What if Mayella had been attacked by Tom Robinson? Would Atticus still be a hero? To ask that question about a lesser figure would inevitably invite stock responses. Champions of the adversary system would …
Monuments To The Past In A Leveling Wind, Benjamin Means
Monuments To The Past In A Leveling Wind, Benjamin Means
Michigan Law Review
Early in the twentieth century, the Emperor Franz Joseph sponsored a monument to Hungary's history - a Millennium Monument containing statues of the country's heroes, as well as statues of the proud sponsor and his family (p. 5). When the communists took over in 1919, the statues of Franz Joseph and the rest of the Hapsburgs were dragged out of the Millennium Monument and replaced with more politically correct statuary (p. 8). Counterrevolutionaries, though, retook the country and reinstated the Hapsburg Statues in the Millennium Monument - until a later regime once again reshuffled the millennial display (pp. 9-10). Professor …
Forgotten Constitutional History: The Production And Migration Of Meaning Within Constitutional Cultures, Gregory A. Mark
Forgotten Constitutional History: The Production And Migration Of Meaning Within Constitutional Cultures, Gregory A. Mark
Michigan Law Review
When was the last time you read a serious, recently published work of constitutional history that did not deal mainly with the work of the Supreme Court? When, even among those works, did the author look beyond the immediate litigants to give the reader a sense of an evolving constitutional culture - a culture in symbiosis with the larger political and social culture - its eddies and byways, as well as its mainstream? My strong hunch is that anyone who can triumphantly respond to the implicit condemnation of narrowness in these questions will do so in large measure having read …
The Common Law In Cyberspace, Tom W. Bell
The Common Law In Cyberspace, Tom W. Bell
Michigan Law Review
Wrong in interesting ways, counts for high praise among academics. Peter Huber's stirring new book, Law and Disorder in Cyberspace, certainly merits acclaim by that standard. The very subtitle of the book, Abolish the FCC and Let Common Law Rule the Telecosm, announces the daring arguments to follow. A book so bold could hardly fail to make some stimulating errors, the most provocative of which this review discusses. Thanks to his willingness to challenge musty doctrines of telecommunications law and policy, moreover, Huber gets a great deal right. Law and Disorder in Cyberspace argues at length that the Federal Communications …
Speech: Jewish Law And The Middle East Peace Process, Abraham D. Sofaer
Speech: Jewish Law And The Middle East Peace Process, Abraham D. Sofaer
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Federal Regulation Of Pharmaceuticals In The United States And Canada, Patricia I. Carter
Federal Regulation Of Pharmaceuticals In The United States And Canada, Patricia I. Carter
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Sound Recordings: Copyright And Contractual Differences Between The United States And Japan, John D. Defrance
Sound Recordings: Copyright And Contractual Differences Between The United States And Japan, John D. Defrance
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Modes Of Law: Music And Legal Theory - An Interdisciplinary Workshop Introduction, Desmond Manderson, David Caudill
Modes Of Law: Music And Legal Theory - An Interdisciplinary Workshop Introduction, Desmond Manderson, David Caudill
Cardozo Law Review
No abstract provided.
Outlaw Blues: Law In The Songs Of Bob Dylan, Adam Gearey
Outlaw Blues: Law In The Songs Of Bob Dylan, Adam Gearey
Cardozo Law Review
No abstract provided.
Origins Of The Game Theory Of Law And The Limits Of Harmony In Plato's Laws, Arthur J. Jacobson
Origins Of The Game Theory Of Law And The Limits Of Harmony In Plato's Laws, Arthur J. Jacobson
Cardozo Law Review
No abstract provided.
Follow A Rule/Follow A Rhythm: Sharing Practice In A Gitano Quarter In Jerez, Andalucia, Susan G. Drummond, Jean-Marc Sellen
Follow A Rule/Follow A Rhythm: Sharing Practice In A Gitano Quarter In Jerez, Andalucia, Susan G. Drummond, Jean-Marc Sellen
Cardozo Law Review
No abstract provided.
Interpreting Law And Music: Performance Notes On "The Banjo Serenader" And "The Lying Crowd Of Jews", J. M. Balkin, Sanford Levinson
Interpreting Law And Music: Performance Notes On "The Banjo Serenader" And "The Lying Crowd Of Jews", J. M. Balkin, Sanford Levinson
Cardozo Law Review
No abstract provided.
Fabricating Authenticity: Law Students As Country Music Stars, David S. Caudill
Fabricating Authenticity: Law Students As Country Music Stars, David S. Caudill
Cardozo Law Review
No abstract provided.
Semiotics; Or Wishin' And Hopin'?, Penelope Pether
Semiotics; Or Wishin' And Hopin'?, Penelope Pether
Cardozo Law Review
No abstract provided.
The Score As Contract: Private Law And The Historically Informed Performance Movement, Timothy S. Hall
The Score As Contract: Private Law And The Historically Informed Performance Movement, Timothy S. Hall
Cardozo Law Review
No abstract provided.
Et Lex Perpetua: Dying Declarations & Mozart's Requiem, Desmond Manderson
Et Lex Perpetua: Dying Declarations & Mozart's Requiem, Desmond Manderson
Cardozo Law Review
No abstract provided.
Peripheral Perspectives On Musical Orders, Hanne Petersen
Peripheral Perspectives On Musical Orders, Hanne Petersen
Cardozo Law Review
No abstract provided.
The Anatomy In Property Law: "It's Not About Sex," Or Is It?, David S. Caudill
The Anatomy In Property Law: "It's Not About Sex," Or Is It?, David S. Caudill
Cardozo Law Review
No abstract provided.
Reporting From The Front, David Rudenstine
Laymen Cannot Lawyer, But Is Mediation The Practice Of Law?, Joshua R. Schwartz
Laymen Cannot Lawyer, But Is Mediation The Practice Of Law?, Joshua R. Schwartz
Cardozo Law Review
No abstract provided.
Comprehensive References And Indexes, Volume 20 (1998-1999)
Comprehensive References And Indexes, Volume 20 (1998-1999)
Cardozo Law Review
No abstract provided.
"Being Human": Cloning And The Challenges For Public Policy, Karen H. Rothenberg
"Being Human": Cloning And The Challenges For Public Policy, Karen H. Rothenberg
Faculty Scholarship
No abstract provided.
Montana's Foreign Capital Depository Act, David Aronofsky
Montana's Foreign Capital Depository Act, David Aronofsky
Vanderbilt Journal of Transnational Law
In 1997, Montana attracted national and world financial attention when Montana Governor Mark Racicot signed into law Senate Bill 83, the Foreign Capital Depository Act (Act), creating the first U.S. state-chartered financial entity designed solely for attracting non-U.S. capital. Depicted by skeptics as an unworkable "Panama without the Canal," "Switzerland of the Rockies" and "Rocky Mountain High," Montana is nonetheless pursuing a creative approach to increased state revenues that capitalizes on the state's unique privacy laws as well as innovative statutory drafting. The Act warrants attention from offshore assets owners and managers who seek U.S. stability in a state committed …
Self-Settled Spendthrift Trusts: Should A Few Bad Apples Spoil The Bunch?, Gideon Rothschild, Daniel S. Rubin, Jonathan G. Blattmachr
Self-Settled Spendthrift Trusts: Should A Few Bad Apples Spoil The Bunch?, Gideon Rothschild, Daniel S. Rubin, Jonathan G. Blattmachr
Vanderbilt Journal of Transnational Law
It is unfortunate, but perhaps not terribly surprising, that the first two reported cases to consider the application of conflict of laws principles to self-settled spendthrift trusts both involved "bad facts" from an asset protection planning standpoint. In this regard, the adage "bad facts produce bad law" is not a slight on the courts, but rather an acknowledgment of a court's primary duty to do substantial justice to the parties immediately before it. However, in an effort to do substantial justice to the parties immediately before them, the Portnoy and Brooks courts have forged what may well become the first …