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1999

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Articles 6451 - 6480 of 7801

Full-Text Articles in Law

Exit And Voice In The Age Of Globalization, Eyal Benvenisti Jan 1999

Exit And Voice In The Age Of Globalization, Eyal Benvenisti

Michigan Law Review

The "globalization" of commerce provides ever-growing opportunities for producers, employers, and service providers to shop the globe for more amenable jurisdictions. While they enjoy a "race to the top," an international "race to the bottom," spawned by decreasing relocation costs, threatens to compromise the achievements of the welfare state and lower standards of consumer protection. National governments, weakened by competition that entails leaner budgets, find it increasingly difficult to cooperate in the appropriation of crucial shared natural resources, seriously endangering these assets while damaging the environment. Not only does the growing global competition create both efficiency losses and social-welfare problems, …

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Private Ordering At The World's First Futures Exchange, Mark D. West Jan 1999

Private Ordering At The World's First Futures Exchange, Mark D. West

Michigan Law Review

Modern derivative securities - financial instruments whose value is linked to or "derived" from some other asset - are often sophisticated, complex, and subject to a variety of rules and regulations. The same is true of the derivative instruments traded at the world's first organized futures exchange, the Dojima Rice Exchange in Osaka, Japan, where trade flourished for nearly 300 years, from the late seventeenth century until shortly before World War II. This Article analyzes Dojima's organization, efficiency, and amalgam of legal and extralegal rules. In doing so, it contributes to a growing body of literature on commercial self-regulation while …

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Lawyers, Law, And Contract Formation: Comments On Daniel Keating's 'Exploring The Battle Of The Forms In Action', Robert K. Rasumssen Jan 1999

Lawyers, Law, And Contract Formation: Comments On Daniel Keating's 'Exploring The Battle Of The Forms In Action', Robert K. Rasumssen

Michigan Law Review

Attempting to infuse the austerity of theory with a dose of reality, an intrepid group of legal scholars has left the security of the office and ventured into the work-a-day world of commercial practices. The information that they have gathered and are sharing with the rest of us is furthering our understanding of the interaction between commercial law and commercial practice. Embedded in much of the research they have generated is the not-so-flattering conclusion that law professors suffer from a self-serving bias. Those of us in the academy engage in the assumption, often unstated or even unacknowledged, that the law …

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Law's Territory (A History Of Jurisdiction), Richard T. Ford Jan 1999

Law's Territory (A History Of Jurisdiction), Richard T. Ford

Michigan Law Review

Pop quiz: New York City. The United Kingdom. The East Bay Area Municipal Utilities District. Kwazulu, South Africa. The Cathedral of Notre Dame. The State of California. Vatican City. Switzerland. The American Embassy in the U.S.S.R. What do the foregoing items have in common? Answer: they are, or were, all territorial jurisdictions. A thesis of this Article is that territorial jurisdictions - the rigidly mapped territories within which formally defined legal powers are exercised by formally organized governmental institutions - are relatively new and intuitively surprising technological developments. New, because until the development of modern cartography, legal authority generally followed …

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Limiting Patentees' Market Power Without Reducing Innovation Incentives: The Perverse Benefits Of Uncertainty And Non-Injunctive Remedies, Ian Ayres, Paul Klemperer Jan 1999

Limiting Patentees' Market Power Without Reducing Innovation Incentives: The Perverse Benefits Of Uncertainty And Non-Injunctive Remedies, Ian Ayres, Paul Klemperer

Michigan Law Review

Uncertainty and delay in patent litigation may have unforeseen virtues. The combination of these oft-criticized characteristics might induce a limited amount of infringement that enhances social welfare without reducing (or without substantially reducing) the profitability of the patentee. Patent infringement is generally viewed as socially inefficient because infringement reduces the patentee's ex ante incentive to innovate. Limited amounts of infringement combined with increased patent duration, however, can substantially reduce the distortionary ex post effects of supracompetitive pricing without reducing the patentee's ex ante incentives to innovate. Indeed, this Article derives a legal regime that preserves the incentive to innovate by …

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The Richness Of Contract Theory, Randy E. Barnett Jan 1999

The Richness Of Contract Theory, Randy E. Barnett

Michigan Law Review

When I teach the doctrine of good faith performance, I assign an exchange between two distinguished contracts scholars, Robert Summers and Steven Burton, that has come to be known as the "Summers-Burton" debate. This debate is interesting not only for the contrasting views of its protagonists concerning the doctrine of good faith, but also because of the generational shift in modes of scholarship it represents. In the 1950s and 1960s, contracts scholars, like so many others, rejected so-called "conceptualist" or "formalist" approaches that attempted to dictate the outcome of cases with general concepts and rules. Contracts scholarship was dominated by …

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Open Chambers?, Richard W. Painter Jan 1999

Open Chambers?, Richard W. Painter

Michigan Law Review

Edward Lazarus has written the latest account of what goes on behind the marble walls of the Supreme Court. His book is not the first to selectively reveal confidential communications between the Justices and their law clerks. Another book, Bob Woodward and Scott Armstrong's The Brethren2 achieved that distinction in 1979. Closed Chambers: The First Eyewitness Account of the Epic Struggles Inside the Supreme Court, however, adds a new twist. Whereas The Brethren was written by journalists who persuaded former law clerks to breach the confidences of the Justices, Lazarus was himself a law clerk to Justice Harry Blackmun. Closed …

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Apparently Substantial, Oddly Hollow: The Enigmatic Practice Of Justice, Heidi Li Feldman Jan 1999

Apparently Substantial, Oddly Hollow: The Enigmatic Practice Of Justice, Heidi Li Feldman

Michigan Law Review

The Practice of Justice: A Theory of Lawyers' Ethics, by William H. Simon, is one of the most thoughtful and important books in legal theory - not just legal ethics - published in the past ten years. Like David Luban's seminal contribution to legal ethics, Lawyers and Justice: An Ethical Study, published a decade ago, Simon's book is a deliberate rival to accounts of lawyers' professional responsibility that begin with a command to zealous advocacy, end with a prohibition on outright illegal conduct, and offer nothing in between. Authors and commentators have grown increasingly dissatisfied with this as the basic …

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Counseling Counsel For Children, Martin Guggenheim Jan 1999

Counseling Counsel For Children, Martin Guggenheim

Michigan Law Review

You are a lawyer working in juvenile court, representing children in proceedings in which their parents are accused of being unfit. Your clients range in age from newborns to seventeen-yearolds. At any one time you have 125 active cases on your docket. You work hard at your job, and you believe deeply in the rights of the children you represent. Occasionally, it occurs to you that you don't really have as good a sense as perhaps you should of your precise role and how you ought to discharge your responsibilities to your clients. But you don't ever seem to have …

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Revisionism Misplaced: Why This Is Not The Time To Bury Autonomy, David J. Rothman Jan 1999

Revisionism Misplaced: Why This Is Not The Time To Bury Autonomy, David J. Rothman

Michigan Law Review

For the past twenty years, bioethics has exerted a profound influence on American medicine. Although its full impact cannot be precisely measured, one need only speak to European physicians and clinical investigators to grasp the full extent of the change. Americans may debate the sufficiency of the information that physicians share with their patients, but hear a European doctor exclaim angrily that it is criminal to ask a woman to decide whether to have a radical mstectomy or lumpectomy, and you know that bioethics has made a significant difference in the United States. So too, Americans, far more intensely than …

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Civics 2000: Process Constitutionalism At Yale, Daniel J. Hulsebosch Jan 1999

Civics 2000: Process Constitutionalism At Yale, Daniel J. Hulsebosch

Michigan Law Review

One or another form of historical fidelity has long been in the repetoire of constitutional interpretation, and during the last two decades conservative jurists have searched for the "original intent" of various clauses. Increasingly, however, it is liberal law professors who are turning to history to make sense of American constitutionalism. What they find there is not a document listing eternal rights or duties but rather a multidimensional structure of government, captured as much in practice as on paper, that has metamorphosed over time. It seems we have, in that familiar phrase, a living Constitution. But interest is shifting from …

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Direct Democracy In America, Sherman J. Clark Jan 1999

Direct Democracy In America, Sherman J. Clark

Michigan Law Review

The phrase "laboratories of democracy," as applied to the states, seems most often to mean something more like "democratic laboratories" - democratic testing grounds for various approaches to social problems. What sort of welfare reform will be most effective? Let Wisconsin try out Plan A, while Michigan experiments with Plan B. What combination of tort liability rules will achieve desired levels of compensation and deterrence? Let the states experiment with strict liability, comparative negligence, or various nofault schemes. It is also true, however, that the states are literally laboratories of democracy - arenas in which democratic institutions are themselves experimented …

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Making The Law Safe For Democracy: A Review Of "The Law Of Democracy Etc.", Burt Neuborne Jan 1999

Making The Law Safe For Democracy: A Review Of "The Law Of Democracy Etc.", Burt Neuborne

Michigan Law Review

Henry Hart began his 1964 Holmes Lectures by asking what a "single" would be without baseball. We rolled our eyes at that one, reveling in the maestro's penchant for the occult. As usual, though, Professor Hart was trying to tell us groundlings something precious. He was warning us that conventional legal thinking, by stressing rigorous deconstructive analysis, can obscure an important unity in favor of components that should be analyzed, not solely as freestanding phenomena, but as part of the unity. Without recognition of the unity, analysis of the components risks being carried on in a normative vacuum that will …

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Farewell To An Idea? Ideology In Legal Theory, David Charny Jan 1999

Farewell To An Idea? Ideology In Legal Theory, David Charny

Michigan Law Review

In 1956, Morocco inaugurated a constitutional democratic polity on the Western model. Elections were to be held, and political parties formed, with voters to be registered by party. The Berbers, however, did not join the parties as individual voters. Each Berber clan joined their chosen party as a unit. To consecrate (or, perhaps, to accomplish) the clan's choice, a bullock was sacrificed. These sacrificial rites offer a useful parable about the relationship between law and culture. The social order imposed by law depends crucially on the "culture" of the participants in the system - their habits, dispositions, views of the …

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Of False Teeth And Biting Critiques: Jones V. Fisher In Context, Regina Austin Jan 1999

Of False Teeth And Biting Critiques: Jones V. Fisher In Context, Regina Austin

Touro Law Review

No abstract provided.

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Consensual Searches, The Fairytale That Became A Nightmare: Fargo Lessons Concerning Police Initiated Encounters, Robert V. Ward Jr. Jan 1999

Consensual Searches, The Fairytale That Became A Nightmare: Fargo Lessons Concerning Police Initiated Encounters, Robert V. Ward Jr.

Touro Law Review

No abstract provided.

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Race As Resistance: Racial Identity As More Than Ancestral Heritage, Chris K. Iijima Jan 1999

Race As Resistance: Racial Identity As More Than Ancestral Heritage, Chris K. Iijima

Touro Law Review

No abstract provided.

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The Imposition Of The Death Penalty In The United States Of America: Does It Comply With International Norms?, Beverly Mcqueary Smith Jan 1999

The Imposition Of The Death Penalty In The United States Of America: Does It Comply With International Norms?, Beverly Mcqueary Smith

Touro Law Review

No abstract provided.

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Emerging Trends For Products Liability: Market Share Liability, Its History And Future, Frank J. Giliberti Jan 1999

Emerging Trends For Products Liability: Market Share Liability, Its History And Future, Frank J. Giliberti

Touro Law Review

No abstract provided.

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To Heal Another Or To Protect Oneself?: Hiv Under The Ada In Light Of Bragdon V. Abbott, Leah Guidry Jan 1999

To Heal Another Or To Protect Oneself?: Hiv Under The Ada In Light Of Bragdon V. Abbott, Leah Guidry

Touro Law Review

No abstract provided.

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Section 1983 Litigation-Supreme Court Developments, Martin A. Schwartz Jan 1999

Section 1983 Litigation-Supreme Court Developments, Martin A. Schwartz

Touro Law Review

No abstract provided.

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Section 1983 In The Second Circuit, Hon. George C. Pratt Jan 1999

Section 1983 In The Second Circuit, Hon. George C. Pratt

Touro Law Review

No abstract provided.

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Iola And Daubert, Leon D. Lazer Jan 1999

Iola And Daubert, Leon D. Lazer

Touro Law Review

No abstract provided.

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Copyright Infringement On The Internet: Can The Wild, Wild West Be Tamed?, David Allweiss Jan 1999

Copyright Infringement On The Internet: Can The Wild, Wild West Be Tamed?, David Allweiss

Touro Law Review

No abstract provided.

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The Establishment Clause And Government Religious Displays: The Court That Stole Christmas, Jennifer H. Greenhalgh Jan 1999

The Establishment Clause And Government Religious Displays: The Court That Stole Christmas, Jennifer H. Greenhalgh

Touro Law Review

No abstract provided.

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Strate V. A-1 Contractors: A Perspective, Lawrence E. King Jan 1999

Strate V. A-1 Contractors: A Perspective, Lawrence E. King

North Dakota Law Review

No abstract provided.

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Prejudgment Interest In Personal Injury Cases: Excluded Damages Or Interest Income, James C. Hasenfus Jan 1999

Prejudgment Interest In Personal Injury Cases: Excluded Damages Or Interest Income, James C. Hasenfus

North Dakota Law Review

No abstract provided.

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Justice Meschke Foreword, Julie Ann Evans Jan 1999

Justice Meschke Foreword, Julie Ann Evans

North Dakota Law Review

No abstract provided.

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Civil Rights - Federal Remedies: The United States Supreme Court, As Federal Flagship For Employment Equality, Balances Responsibility Between Employer And Victim By Imposing Vicarious Liability Subject To An Affirmative Defense For Supervisor Sexual Harassment Creating A Hostile Work Environment, Noel Evans Jan 1999

Civil Rights - Federal Remedies: The United States Supreme Court, As Federal Flagship For Employment Equality, Balances Responsibility Between Employer And Victim By Imposing Vicarious Liability Subject To An Affirmative Defense For Supervisor Sexual Harassment Creating A Hostile Work Environment, Noel Evans

North Dakota Law Review

No abstract provided.

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Torts - Invasion Of Privacy: North Dakota Declines To Recognize A Cause Of Action For Invasion Of Privacy, Michael S. Raum Jan 1999

Torts - Invasion Of Privacy: North Dakota Declines To Recognize A Cause Of Action For Invasion Of Privacy, Michael S. Raum

North Dakota Law Review

No abstract provided.

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