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2001

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Full-Text Articles in Law

The Economic Analysis Of Evidence Law: Common Sense On Stilts, Richard O. Lempert Dec 2001

The Economic Analysis Of Evidence Law: Common Sense On Stilts, Richard O. Lempert

Articles

There was a time when the empire of Law was not overrun by economists. The economists had their own fiefdoms to be sure-there was the Duchy of Antitrust and the Kingdom of Regulatory Law-but the economists lived in peace within these borders, welcoming many unlike themselves into their midst, only gently proselytizing their students in the first few classes of a term, and swearing fealty to the law. It is true that a few marauders from beyond the borders saw the wealth of the empire and sought to colonize it, but even the most daring, Archbishop Coase and Duke Gary …


Introduction To "Books", Margaret A. Leary Dec 2001

Introduction To "Books", Margaret A. Leary

Articles

It's well known that graduate William B. Cook's generosity provided the Law School with its trademark Gothic Law Quadrangle. It is less universally known that Cook endowed the Law School with a trust to support faculty research, and had a strong interest in the nature of that research. He chose to call the library building "Legal Research" and to inscribe above the main entrance "Learned and cultured lawyers are safeguards of the republic." Cook often said that the lack of "intellectual leadership 1s the greatest problem which faces America," and he wanted this Law School to provide that missing leadership. …


Why The Corporate Amt Should Be Retained, Reuven S. Avi-Yonah Nov 2001

Why The Corporate Amt Should Be Retained, Reuven S. Avi-Yonah

Articles

The corporate AMT is under attack. Repeal has been proposed by the White House, endorsed by the ABA/AICPA/TEI tax simplification project, and included in the stimulus bill passed by the House of Representatives. Repeal is supported on two principal grounds: That the corporate AMT increases complexity, and that it is pro-cyclical.


Beyond Exit And Voice: User Participation In The Production Of Local Public Goods, Lee Anne Fennell Nov 2001

Beyond Exit And Voice: User Participation In The Production Of Local Public Goods, Lee Anne Fennell

Articles

No abstract provided.


Valuation, Allocation, And Distribution Of Retirement Plans At Divorce: Where Are We?, Elizabeth Brandt Oct 2001

Valuation, Allocation, And Distribution Of Retirement Plans At Divorce: Where Are We?, Elizabeth Brandt

Articles

No abstract provided.


Reverse Mortgage Information Online, Robin Schard Oct 2001

Reverse Mortgage Information Online, Robin Schard

Articles

Reverse mortgages are a valuable tool that allow seniors to tap their home's equity. However, there are traps for the unwary


Tax Competition And E-Commerce, Reuven S. Avi-Yonah Sep 2001

Tax Competition And E-Commerce, Reuven S. Avi-Yonah

Articles

In the last four years, there has been increasing concern by developed countries about the potential erosion of the corporate income tax base by "harmful tax competition" (in the European Union since 1997, in the OECD since 1998). However, the data on tax competition available to date present a mixed and somewhat puzzling picture. On the one hand, there is considerable evidence that effective corporate income tax rates in many countries have been declining, and that the worldwide effective tax rates on multinational enterprises (MNEs) have been going down as well. On the other hand, macroeconomic data from developed countries …


A Measure Of Freedom, James W. Nickel Sep 2001

A Measure Of Freedom, James W. Nickel

Articles

No abstract provided.


Citizen Participation In Judicial Decision Making: Juries, Lay Judges And Japan, Richard O. Lempert Sep 2001

Citizen Participation In Judicial Decision Making: Juries, Lay Judges And Japan, Richard O. Lempert

Articles

In the late 1920s and 1930s Japan had a jury system. It was suspended in 1943 as a wartime measure, but it had fallen into desuetude long before that. Arguably it was like the Spanish jury, which has several times risen during periods of relative political liberalism or populism and been suppressed during periods of militarism and autocracy. That is, it may be more than a coincidence that use of the Japanese jury fell precipitously during the 1930s as militarism took hold of the Japanese nation. Now the reinstatement of the Japanese jury is again being seriously considered. Similarly it …


The Proposed Domestic Reverse Hybrid Entity Regulations: Can The Treasury Department Override Treaties?, Anthony C. Infanti Jul 2001

The Proposed Domestic Reverse Hybrid Entity Regulations: Can The Treasury Department Override Treaties?, Anthony C. Infanti

Articles

This article first describes the proposed regulations issued under section 894 addressing the ability of domestic reverse hybrid entities to claim treaty benefits with respect to payments made to their interest holders (the proposed DRH regulations). After describing the proposed DRH regulations, the article next explores the potential that these regulations have to override existing U.S. treaty obligations. After concluding that the proposed DRH regulations are inconsistent with at least one existing treaty, the article concludes by questioning the power of the Treasury Department to promulgate regulations (such as the proposed DRH regulations) that override treaties.

Note: This is a …


Experts, Carl E. Schneider Jul 2001

Experts, Carl E. Schneider

Articles

George Bernard Shaw famously said that all professions are conspiracies against the laity. Less famously, less elegantly, but at least as accurately, Andrew Abbott argued that professions are conspiracies against each other. Professions compete for authority to do work and for authority over work. The umpire in these skirmishes and sieges is the government, for the state holds the gift of monopoly and the power to regulate it. In Abbott's terms, "bioethics" is contesting medicine's power to influence the way doctors treat patients. If it follows the classic pattern, bioethics will solicit work and authority by recruiting government's power. A …


In The United States Court Of Appeals For The Fourteenth Circuit, Richard A. Posner Jun 2001

In The United States Court Of Appeals For The Fourteenth Circuit, Richard A. Posner

Articles

No abstract provided.


On American Legal Education Reform In Japanese Legal Education, Carl E. Schneider Apr 2001

On American Legal Education Reform In Japanese Legal Education, Carl E. Schneider

Articles

The one hundredth anniversary of the Kyoto University Faculty of Law is the kind of splendid occasion when, as Justice Oliver Wendell Holmes remarked, a distinguished institution "becomes conscious of itself and its meaning." I can hardly express my pleasure at being invited to join in your celebration; but I must express my fear that I can add little to it. When Dean Tanaka kindly invited me, I should probably have declined, for I, a foreigner, can hardly know enough about an institution so central to the life of its country and its profession to speak of it and its …


Comment On Lempert On Posner, Richard A. Posner Jan 2001

Comment On Lempert On Posner, Richard A. Posner

Articles

No abstract provided.


Universal Jurisdiction And U.S. Law, Curtis A. Bradley Jan 2001

Universal Jurisdiction And U.S. Law, Curtis A. Bradley

Articles

The conventional wisdom among international law scholars is that customary international law-that is, the law that results from the customary practices and beliefs of nations-places limitations on the authority of nations to apply their laws extraterritorially.1 Unless a nation's extraterritorial law falls within one of five categories 2 -territoriality, nationality, protective principle, passive personality, or universality-it is said, the nation violates international law rules governing "prescriptive jurisdiction."3 All but one of these categories require a nexus between the regulating nation and the conduct, offender, or victim. Under the territorial category, a nation may regulate conduct within its territory …


Further Thoughts On Customary International Law, Eric A. Posner, Jack L. Goldsmith Jan 2001

Further Thoughts On Customary International Law, Eric A. Posner, Jack L. Goldsmith

Articles

No abstract provided.


Private Commercial Law In The Cotton Industry: Creating Cooperation Through Rules, Norms, And Institutions, Lisa Bernstein Jan 2001

Private Commercial Law In The Cotton Industry: Creating Cooperation Through Rules, Norms, And Institutions, Lisa Bernstein

Articles

No abstract provided.


Rights Of Sexual Minorities In Ireland And Europe: Rhetoric Versus Reality, Bruce Carolan Jan 2001

Rights Of Sexual Minorities In Ireland And Europe: Rhetoric Versus Reality, Bruce Carolan

Articles

Superficially, Irish and European Community law proclaim the rights of sexual minorities - particularly in web sites and printed information designed for public consumption. The reality is different. This article identifies a gap between the public pronouncements on the rights of sexual minorities under Irish and EC law. It employs a hypothetical fact situation to suggest that existing legal protections are anemic, and argues that the potential failure of affected groups to identify these deficiencies (due to contradictory claims in public information campaigns) could endanger efforts to effect progressive change.


Peonage And Contractual Liberty, Aziz Huq Jan 2001

Peonage And Contractual Liberty, Aziz Huq

Articles

No abstract provided.


Speculating Law: Beyond Cigarettes And Swiss Banks, Saul Levmore Jan 2001

Speculating Law: Beyond Cigarettes And Swiss Banks, Saul Levmore

Articles

No abstract provided.


Controlling Agencies With Cost-Benefit Analysis: A Positive Political Theory Perspective, Eric A. Posner Jan 2001

Controlling Agencies With Cost-Benefit Analysis: A Positive Political Theory Perspective, Eric A. Posner

Articles

No abstract provided.


Clinical And Theoretical Approaches To The Teaching Of Evidence And Trial Advocacy, Richard A. Posner Jan 2001

Clinical And Theoretical Approaches To The Teaching Of Evidence And Trial Advocacy, Richard A. Posner

Articles

No abstract provided.


The Market For Federal Judicial Law Clerks, Richard A. Posner, Christopher Avery, Christine Jolls, Alvin E. Roth Jan 2001

The Market For Federal Judicial Law Clerks, Richard A. Posner, Christopher Avery, Christine Jolls, Alvin E. Roth

Articles

No abstract provided.


Cost-Benefit Analysis And Relative Position, Cass R. Sunstein, Robert H. Frank Jan 2001

Cost-Benefit Analysis And Relative Position, Cass R. Sunstein, Robert H. Frank

Articles

Current estimates of regulatory benefits are too low and possibly far too low. This is because the standard economic approach to measuring costs and benefits, which attempts to estimate people's willingness to pay for various regulatory benefits, ignores a central point about valuation, thus producing numbers that systematically understate those benefits. Conventional estimates tell us the amount of income an individual, acting in isolation, would be willing to sacrifice in return for, say, an increase in safety on the job. But while these estimates are based on the implicit assumption that economic well-being depends only on absolute income, considerable evidence …


How High The Apple Pie - A Few Troubling Questions About Where, Why, And How The Burden Of Care For Children Should Be Shifted, Mary Anne Case Jan 2001

How High The Apple Pie - A Few Troubling Questions About Where, Why, And How The Burden Of Care For Children Should Be Shifted, Mary Anne Case

Articles

No abstract provided.


Human Rights In The European Union: Internal Versus External Objectives, Elizabeth Duquette Jan 2001

Human Rights In The European Union: Internal Versus External Objectives, Elizabeth Duquette

Articles

No abstract provided.


Standing And Spending - The Role Of Legal And Equitable Principles, Richard A. Epstein Jan 2001

Standing And Spending - The Role Of Legal And Equitable Principles, Richard A. Epstein

Articles

No abstract provided.


Bush V. Gore: What Were They Thinking?, David A. Strauss Jan 2001

Bush V. Gore: What Were They Thinking?, David A. Strauss

Articles

No abstract provided.


Symposium: Legal Reasoning And Artificial Intelligence: How Computers Think Like Lawyers, Cass R. Sunstein, Kevin Ashley, Karl Branting, Howard Margolis Jan 2001

Symposium: Legal Reasoning And Artificial Intelligence: How Computers Think Like Lawyers, Cass R. Sunstein, Kevin Ashley, Karl Branting, Howard Margolis

Articles

No abstract provided.


Control Rights, Priority Rights, And The Conceptual Foundations Of Corporate Reorganizations, Douglas G. Baird, Robert K. Rasmussen Jan 2001

Control Rights, Priority Rights, And The Conceptual Foundations Of Corporate Reorganizations, Douglas G. Baird, Robert K. Rasmussen

Articles

No abstract provided.