Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Economics (3)
- History (2)
- Property (2)
- Athens Greece (1)
- Attorneys fees (1)
-
- Bankruptcy (1)
- Behavioral economics (1)
- Constitutional law (1)
- Death penalty (1)
- Exoneration (1)
- Georg Hegel (1)
- Information (1)
- Innocence Project (1)
- Innocence movement (1)
- Liability (1)
- Media (1)
- Panel (1)
- Philosophy (1)
- Public interest law (1)
- Regulations (1)
- Religion (1)
- Religious exemption (1)
- Rulemaking (1)
- Tax law (1)
- Taxes (1)
- Technology (1)
- Testimony (1)
Articles 1 - 24 of 24
Full-Text Articles in Law
Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward Stein
Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward Stein
Articles
The sex discrimination argument for lesbian and gay rights analyzes laws that discriminate on the basis of sexual orientation in terms of sex discrimination. For example, sodomy laws that prohibit only same-sex sexual activities are analyzed as discriminating on the basis of sex because they prohibit women from doing something men are permitted to do, that is, have sex with women. This argument has been championed by some scholars and litigators, and it has persuaded some judges. Edward Stein shows that there are sociological, theoretical, moral, and practical problems facing the sex discrimination argument. He suggests that there are better …
Which Means To An End Under The Uniform Mediation Act, Andrea Kupfer Schneider
Which Means To An End Under The Uniform Mediation Act, Andrea Kupfer Schneider
Articles
No abstract provided.
Are Tax "Benefits" For Religious Institutions Constitutionally Dependent On Benefits For Secular Entities?, Edward A. Zelinsky
Are Tax "Benefits" For Religious Institutions Constitutionally Dependent On Benefits For Secular Entities?, Edward A. Zelinsky
Articles
The Supreme Court generally conditions tax exemptions, deductions, and exclusions for religious organizations and activities upon the simultaneous extension of such benefits to secular institutions and undertakings. The Court's position flows logically from its acceptance of the premise that tax exemptions, deductions, and exclusions constitute subsidies. However, the "subsidy" label is usually deployed in a conclusory and unconvincing fashion. The First Amendment is best understood as permitting governments to refrain from taxation to accommodate the autonomy of religious actors and activities; hence, tax benefits extended solely to religious institutions should pass constitutional muster as recognition of that autonomy.
The Cash Balance Controversy Revisited: Age Discrimination And Fidelity To Statutory Text, Edward A. Zelinsky
The Cash Balance Controversy Revisited: Age Discrimination And Fidelity To Statutory Text, Edward A. Zelinsky
Articles
No abstract provided.
Cross-Testing, Nondiscrimination, And New Comparability: A Rejoinder To Mr. Orszag And Professor Stein, Edward A. Zelinsky
Cross-Testing, Nondiscrimination, And New Comparability: A Rejoinder To Mr. Orszag And Professor Stein, Edward A. Zelinsky
Articles
In their response to my article in this symposium issue of the Buffalo Law Review, Peter Orszag and Norman Stein advance their analysis of cross-testing, new comparability and the nondiscrimination norm. I write this brief rejoinder both to clarify the areas of our disagreement and to complete our dialogue.
In Defense Of Making Government Pay: The Deterrent Effect Of Constitutional Tort Remedies, Myriam E. Gilles
In Defense Of Making Government Pay: The Deterrent Effect Of Constitutional Tort Remedies, Myriam E. Gilles
Articles
Legal economists are concerned with setting optimal deterrence levels. Armed with information concerning the public and private costs and benefits of a particular harmful activity, the legal economist seeks to set a “price” for the activity which, to some socially optimal extent, minimizes external costs while retaining external benefits. If the economist's information is perfect, he can predict precisely how an economically rational actor will respond to a particular price and achieve optimal deterrence of activities whose costs outweigh their benefits.
Is Cross-Testing A Mistake: Cash Balance Plans, New Comparability Formulas, And The Incoherence Of The Nondiscrimination Norm, Edward A. Zelinsky
Is Cross-Testing A Mistake: Cash Balance Plans, New Comparability Formulas, And The Incoherence Of The Nondiscrimination Norm, Edward A. Zelinsky
Articles
The increasing tendency of large employers to convert their traditional defined benefit pension plans to the cash balance format has engendered substantial controversy, both within the qualified plan community and among the general public. The rise of "new comparability" plans has yet to generate the same level of popular or political concern, perhaps because such plans have largely been embraced by smaller employers. However, among pension mavens, new comparability has occasioned strong supporters and equally firm detractors.
Unfriendly Actions: The Amicus Brief Battle At The Wto, Andrea Kupfer Schneider
Unfriendly Actions: The Amicus Brief Battle At The Wto, Andrea Kupfer Schneider
Articles
No abstract provided.
Representational Standing: U.S. Ex Rel. Stevens And The Future Of Public Law Litigation, Myriam E. Gilles
Representational Standing: U.S. Ex Rel. Stevens And The Future Of Public Law Litigation, Myriam E. Gilles
Articles
In May 2000, the Supreme Court handed down its decision in Vermont Agency of Natural Resources v. U.S. ex rel. Stevens, a seemingly predictable 11th Amendment case. In upholding the plaintiff's Article III standing to bring that case, however, the Court suggested a theory of "representational standing" that holds the potential to radically transform the entire body of law governing the ability of private citizens to seek, through the federal courts, the vindication of broadly-held public interests.
Over the past 30 years, the Court's increasingly restrictive standing jurisprudence has effectively precluded private citizens from playing a meaningful role in public …
The Law Of White Spaces: Race, Culture, And Legal Education, Peter Goodrich, Linda G. Mills
The Law Of White Spaces: Race, Culture, And Legal Education, Peter Goodrich, Linda G. Mills
Articles
The scene, drawn from memory, is a first-year law school classroom. It is the early 1980s and the class is on civil procedure. The teacher is a white woman. She is nervous, and the class is dominated by students who provide standard right answers to formulaic law school questions. Other points of view, particularly those of a critical or feminist nature, are either passed over quickly or ignored. Questions of color are never mentioned. More than that, the teacher never calls on any African-American students. Students of color are either ignored completely or told, when they have questions, “We are …
Reading The Clean Air Act After Brown & Williamson, Michael Herz
Reading The Clean Air Act After Brown & Williamson, Michael Herz
Articles
No abstract provided.
Law, Economics, And The Skeleton Of Value Fallacy, Kyron Huigens
Law, Economics, And The Skeleton Of Value Fallacy, Kyron Huigens
Articles
Experiments in the last decade or so have demonstrated persistent failures on the part of ordinary individuals rationally to pursue self-interest. The experiments pose serious challenges to economics, rational choice theory, and the law and economics school. Some experiments, for example, suggest an "endowment effect", that contradicts the Coase Theorem; the notion that, in the absence of transaction costs, goods will find their most efficient distribution regardless of their initial assignment. Cass Sunstein has collected a set of essays by economists and legal scholars exploring these challenges, in a volume entitled Behavioral Law and Economics.
Rhetoric And Somatics: Training The Body To Do The Work Of Law, Peter Goodrich
Rhetoric And Somatics: Training The Body To Do The Work Of Law, Peter Goodrich
Articles
No abstract provided.
Preventing The Execution Of The Innocent: Testimony Before The Senate Judiciary Committee, Barry C. Scheck
Preventing The Execution Of The Innocent: Testimony Before The Senate Judiciary Committee, Barry C. Scheck
Articles
No abstract provided.
Duncan Kennedy As I Imagine Him: The Man, The Work, His Scholarship, And The Polity, Peter Goodrich
Duncan Kennedy As I Imagine Him: The Man, The Work, His Scholarship, And The Polity, Peter Goodrich
Articles
No abstract provided.
Liability For Increased Risk Of Harm: A Lawyer's Response To Professor Shafer, Melanie B. Leslie
Liability For Increased Risk Of Harm: A Lawyer's Response To Professor Shafer, Melanie B. Leslie
Articles
No abstract provided.
The Newness Of New Technology, Monroe E. Price
The Rightness And Utility Of Voluntary Repatriation, David Rudenstine
The Rightness And Utility Of Voluntary Repatriation, David Rudenstine
Articles
No abstract provided.
A Tale Of Three Documents: Lord Elgin And The Missing, Historic 1801 Ottoman Document, David Rudenstine
A Tale Of Three Documents: Lord Elgin And The Missing, Historic 1801 Ottoman Document, David Rudenstine
Articles
No abstract provided.
Mandatory Fee Arbitration Under New York's Matrimonial Rules, Lester Brickman
Mandatory Fee Arbitration Under New York's Matrimonial Rules, Lester Brickman
Articles
Attorney-client fee arbitration is a subject of burgeoning interest to the bar and to scholars as well. Several years ago, I agreed to write an article on the substantive issues raised by fee arbitration as part of an analysis of New York's then newly adopted mandatory fee arbitration rule. Contacting other mandatory arbitration programs to request copies of the manuals they provided to fee arbitrators, I learned that no such manuals existed. Writing on a tabula rosa, I wrote an analysis of the substantive tasks in fee arbitration that could be adopted for use as part of a training manual …
Avoidance Theory According To Steve Nickles, David G. Carlson
Avoidance Theory According To Steve Nickles, David G. Carlson
Articles
No abstract provided.
Hegel’S Theory Of Quality, David G. Carlson
Hegel’S Theory Of Quality, David G. Carlson
Articles
This article assesses the opening three chapters of Hegel's monumental "Science of Logic," a work largely unknown in the United States but recognized in Europe as the foundation of Hegel's impressive philosophical edifice. Hegel's task was to develop a foundation-free philosophy, in which the inherent contradictions in concepts caused the self-destruction of the concept and the generation of a new, improved concept. Hegel begins his work by examining the concept of Pure Being. Being itself shows to be finite, however. Being repeals itself and propels itself into thought. "Reality" therefore gives way to "ideality." Upon entering the realm of the …
Who Is Entitled To Own The Past, Ashton Hawkins, David Korzenik, David Rudenstine
Who Is Entitled To Own The Past, Ashton Hawkins, David Korzenik, David Rudenstine
Articles
No abstract provided.
Just So Stories: Posnerian Methodology, Jeanne L. Schroeder
Just So Stories: Posnerian Methodology, Jeanne L. Schroeder
Articles
No abstract provided.