Law Commons^™

Palabras Del Presidente De La Comision Interamericana De Derechos Humanos En La Sesion Inaugural Del 95, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Aba Section Of Administrative Law And Regulatory Practice - From Objector To Protector Of The Apa, Jeffrey Lubbers

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Ombudsman Offices In The Federal Government - An Emerging Trend, Jeffrey Lubbers

Scholarly Articles in Law Reviews & Journals

No abstract provided.

If It Didn't Exist, It Would Have To Be Invented - Reviving The Administrative Conference, Jeffrey Lubbers

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Book Review Of Desegregating Texas Schools: Eisenhower, Shivers, And The Crisis At Mansfield High, Davison M. Douglas

Faculty Publications

No abstract provided.

Foreword: Government Lawyering, Neal Devins

Faculty Publications

No abstract provided.

Interlocutory Appeals From Orders Denying Qualified Immunity: Determining The Proper Scope Of Appellate Jurisdiction, Kathryn R. Urbonya

Faculty Publications

No abstract provided.

A One Term Tort Reform Tale: Victimizing The Vulnerable, Andrew F. Popper

Scholarly Articles in Law Reviews & Journals

During its spring 1997 term, Congress passed the Volunteer Protection Act and considered but did not pass the Biomaterials Access Assurance Act of 1997. The Volunteer Protection Act provides a wide range of tort immunities to volunteers working for charitable organizations. The Biomaterials Access Assurance Act would have provided tort immunity to biomaterials producers. In this Article, the author examines the origins and possible implications of both these tort reform proposals from a class-based perspective and within the broader context of the ongoing tort reform debate. The author concludes that both of these proposals ultimately would harm individuals in vulnerable …

Feminist Theory And Feminist Method: Transforming The Experience Of The Classroom, Ann Shalleck

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Wielding The Double-Edge Sword: Charles Hamilton Houston And Judicial Activism In The Age Of Legal Realism, Roger Fairfax

Scholarly Articles in Law Reviews & Journals

A new progressive movement in the law profoundly affected the American judicial climate of the 1930s and 1940s. The jurisprudence of American Legal Realism, which sprang from the progressive American sociological jurisprudence, boasted the adherence of some of America's most influential legal minds. Legal Realism, which complemented the New Deal reform legislation emerging in the 1930s, advocated judicial deference to legislative and administrative channels on matters of social and economic policy. Judicial activism, which had been used as a tool for the protection of economic rights since the late nineteenth century, was seen as inimical to progressive social reform and, …

Separation Anxiety: International Responses To Ethno-Separatist Claims, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Separatism And The Democratic Entitlement, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Tort Reform Policy More Than State Law Dominates Section 2 Of The Third Restatement, Andrew Popper

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Administrative Law In The 21st Century, Andrew Popper

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Rape In Wartime: Redress In United States Courts Under The Alien Tort Claims Act, Susana Sácouto

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Comparative Law In Action: Promissory Estoppel, The Civil Law, And The Mixed Jurisdiction, David Snyder

Scholarly Articles in Law Reviews & Journals

No abstract provided.

News Media Coverage Of The United States Supreme Court, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Law And Human Dignity: The Judicial Soul Of Justice Brennan, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Identifying The Firm-Specific Cost Pass-Through Rate, Jonathan Baker, Orley Ashenfelter, David Ashmore, Signe-Mary Mckernan

Scholarly Articles in Law Reviews & Journals

A merger that permits the combined company to reduce the marginal cost of producing a product creates an incentive for it to lower price. Accordingly, the rate at which cost changes are passed through to prices (along with an estimate of the magnitude of cost reductions that would result from merger) matters to the evaluation of the likely competitive effects of an acquisition. In this paper, we describe our empirical methodology for estimating the cost pass-through rate facing an individual firm, and for distinguishing that rate from the rate at which a firm passes through cost changes common to all …

Institutional Analysis And Physicians' Rights After Vacco V. Quill, Larry I. Palmer

Faculty Publications

No abstract provided.

The Battle That Never Was: Congress, The White House, And Agency Litigation Authority, Neal Devins, Michael Herz

Faculty Publications

No abstract provided.

Law, Venture Capital, And Entrepreneurism In Japan: A Microeconomic Perspective On The Impact Of Law On The Generation And Financing Of Venture Businesses, Eric C. Sibbitt

Connecticut Journal of International Law

Part one of this article attempts to demonstrate through a microeconomic framework how the legal, economic, and cultural forces underlying the Japanese financial system impact the funding of venture businesses in Japan. In a venture finance market, the microeconomic decisions of entrepreneurs and venture investors determine how much capital is ultimately supplied to finance venture businesses. Investors, the suppliers of capital to a venture market, seek to ensure the highest possible payback on investment by maximizing expected returns. Rational entrepreneurs, on the demand side of the market for venture capital, seek the use of investor capital to pursue income-generating opportunities …

New Zealand Trustee Investing: Reflecting On Modern Portfolio Theory And The Ancient Distinction Of Principal And Income, F. Philip Manns Jr.

Faculty Publications and Presentations

The New Zealand Trustee Amendment Act 1988 led the common law world in encouraging (perhaps requiring) trustees to use modern portfolio theory ("MPT") techniques when investing trust funds. A recent High Court decision essentially held that trustees should have engaged in MPT-based investment since 1972. Full integration of MPT principles into trust law affects many areas of trust administration, perhaps most prominently the ancient distinction of principal and income. In addition, renewed attention to careful drafting of a settler's investment and payout intentions and greater investment diversification are likely consequences of MPT-based trust investing.

The Wto Legal System: Sources Of Law, David Palmeter, Petros C. Mavroidis

Faculty Scholarship

Modern discussions of the sources of international law usually begin with a reference to Article 38 (1) of the Statute of the International Court of Justice (ICJ), which provides:

The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply:

1. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states;
2. international custom as evidence of a general practice accepted as law;
3. the general principles of law recognized by civilized nations;
4. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly …

Antisuit Injunctions And Preclusion Against Absent Nonresident Class Members, Henry Paul Monaghan

Faculty Scholarship

In this Article, Professor Monaghan addresses an issue of pressing concern in class action litigation today, namely, the extent to which a trial court's class judgment can bind – either by preclusion or injunction – unnamed nonresident class members, thus preventing them from raising due process challenges to the judgment in another court. After placing the antisuit injunction and preclusion issues in the context of recent class action and related developments, Professor Monaghan discusses the Supreme Court's 1985 decision in Phillips Petroleum Co. v. Shutts and its applicability to these issues. In particular, Professor Monaghan criticizes reading Shutts' "implied …

Regulation Of The Electronic Mass Media: Law And Policy For Radio, Television, Cable And The New Technologies, Michael Botein

Books

No abstract provided.

The Art Of The Fact: An Afternoon Colloquy In A Tentative Key, Jethro K. Lieberman

Books

No abstract provided.

Cynicism, Reconsidered, Pauline Kim

Scholarship@WashULaw

Occasionally I encounter among students the suspicion that law is nothing but politics. In the field in which I teach-employment law-this attitude amounts to the cynical belief that if judges (or at least those judges hostile to workers) can possibly find a way for the employee to lose and the employer to win, they will do so. While I must admit my own misgivings about the extent to which doctrine and precedent actually decide cases, I push these students to try to understand case outcomes as something other than pure politics. Believing that it is important for law students, as …

Table Of Contents, Volume 42, Issue 1

NYLS Law Review

No abstract provided.

Table Of Contents, Volume 42, Issue 2

NYLS Law Review

No abstract provided.