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The confounding common law originalism in recent Supreme Court statutory interpretation: implications for the legislative history debate and beyond.
November 1, 1998... Recent scholarship on the Supreme Court's statutory interpretation practices has focused on originalist vs. nonoriginalist approaches to legislative language, with special attention to the rise of "textualism" as a leading form of originalist...
Careers and Contingency.
November 1, 1998... Disagreement among legal scholars over the phenomenon of "contingent employment"--work having limited hours, duration, or security--has led to disparate prescriptions for legal reform. For some, the best solution would be to either leave the...
The essential structure of judgment proofing.(protecting corporate assets from legal judgments)
November 1, 1998... In order to insulate itself against debts resulting from unfavorable judgments, a business entity may seek to operate unencumbered by significant assets. In this essay, Professor Lynn LoPucki revisits this issue of "judgment proofing" and...
What is a Gender Norm and Why Should We Care? Implementing a New Theory in Sexual Harassment Law.
November 1, 1998... Many scholars have recently suggested a reconceptualization of sexual harassment as gender harassment. In this note, Linda Epstein examines some of their theories and concludes that a unified theory of gender harassment based on gender norms...
JUMPING THE QUEUE: AN INQUIRY INTO THE LEGAL TREATMENT OF STUDENTS WITH LEARNING DISABILITIES.
November 1, 1998... JUMPING THE QUEUE: AN INQUIRY INTO THE LEGAL TREATMENT OF STUDENTS WITH LEARNING DISABILITIES. By Mark Kelman([dagger]) and Gillian Lester.([double dagger]) Cambridge: Harvard University Press. 1997. 313 pp. $39.95.
In this review, Andrew...