Yakima Herald-Republic articles from July 1999

Yakima Herald-Republic archives from July 1999

An economic approach to the law of evidence.
July 1, 1999... In this article, Judge Richard A. Posner presents the first comprehensive economic analysis of the law of evidence. The article is presented in three parts. First, Judge Posner proposes and describes two possible economic models, both a search...

The questionable ascent of Hadley v. Baxendale.
July 1, 1999... The venerable case of Hadley v. Baxendale serves as the prototype for default rules designed to penalize, and thus encourage disclosure by, an undesirable contractual counterpart. Penalty-default analysis is now widely accepted as a plausible...

Majoritarian vs. minoritarian defaults.(response to article by Barry E. Alder in this issue, p. 1547)
July 1, 1999... Recent theoretical analysis of contract default roles has devoted significant attention to the use of penalty default roles as a way to induce a contractor to reveal private information. Penalty default roles demonstrate how efficient roles...

Reconsidering contractual liability and the incentive to reveal information.(response to article by Barry E. Adler in this issue, p. 1547)
July 1, 1999... In an earlier work, Professors Lucian Arye Bebchuk and Steven Shavell analyzed how the legal rules governing contractual liability affect the transfer of information between the parties to a contract. In particular, they showed how limitations...

Hadley reprise.(Response to articles in this issue, p. 1591, 1615)
July 1, 1999... In response to my article in this issue,(1) Ian Ayres and Robert Gertner(2) as well as Lucian Bebchuk and Steven Shavell(3) defend their work on default rules that can induce separation of contract parties by type. Each set of authors accepts...

What's fair here is not fair everywhere: does the American fair use doctrine violate international copyright law?
July 1, 1999... As part of the Uruguay Round of negotiations of the General Agreement on Tariffs and Trade, signatory nations elevated the enforcement of copyright and other intellectual property rights to unprecedented international prominence with the...

Emotional and psychological child abuse: notes on discourse, history, and change.
July 1, 1999... Emotional or psychological child abuse is riven by conflict and contradiction, and the resulting incoherence makes it an unstable basis for intervention in families. J. Robert Shull asks in this note how advocates, frustrated by the relative...

Crisis of conscience: reconciling religious health care providers' beliefs and patients' rights.
July 1, 1999... In this note, Katherine A. White explores the conflict between religious health care providers who provide care in accordance with their religious beliefs and the patients who want access to medical care that these religious providers find...

Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons.(Review)
July 1, 1999... JUDICIAL POLICY MAKING AND THE MODERN STATE: HOW THE COURTS REFORMED AMERICA'S PRISONS. By Malcolm M. Feeley([dagger]) & Edward L. Rubin.([double dagger]) Cambridge University Press. 1998. xv + 490 pp. $69.95. Malcolm Feeley and Edward...