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The moral of MacPherson.
August 1, 1998... "[A]lthough `we are under a Constitution, the Constitution is what the judges say it is.'"(1)
"There is a duty [of care] if the court says there is a duty; the law [of
negligence], like the Constitution, is what we make it."(2)
...
An historical analysis of the binding effect of class suits.
August 1, 1998... INTRODUCTION
This essay is a history of the doctrine of res judicata in class suits. It reveals that the condition of precedent on this issue was from the beginning equivocal and confused, and that it remains somewhat so today....
Formulating international tax laws in the age of electronic commerce: the possible ascendancy of residence-based taxation in an era of eroding traditional income tax principles.
August 1, 1998... INTRODUCTION
In recent years, the number of Internet participants around the world has expanded dramatically, "with user estimates [in 1996] ranging from 30-60 million, and growing rapidly."(1) This growing user base has resulted in a...