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Articles 1 - 27 of 27
Full-Text Articles in Entire DC Network
The Gift Of Milner Ball, Thomas L. Shaffer
Christian Theology For Roman Catholic Law Schools, Thomas L. Shaffer, Robert E. Rodes Jr.
Christian Theology For Roman Catholic Law Schools, Thomas L. Shaffer, Robert E. Rodes Jr.
Thomas L. Shaffer
No abstract provided.
The Ethics Of Dissent And Friendship In The American Professions, Thomas L. Shaffer
The Ethics Of Dissent And Friendship In The American Professions, Thomas L. Shaffer
Thomas L. Shaffer
No abstract provided.
The Psychological Autopsy In Judicial Opinions Under Section 2035, Thomas L. Shaffer
The Psychological Autopsy In Judicial Opinions Under Section 2035, Thomas L. Shaffer
Thomas L. Shaffer
No abstract provided.
Legal Ethics After Babel, Thomas L. Shaffer
Property Distribution Physics: The Talisman Of Time And Middle Class Law, Margaret F. Brinig
Property Distribution Physics: The Talisman Of Time And Middle Class Law, Margaret F. Brinig
Margaret F Brinig
No abstract provided.
The Terrorism Risk Insurance Act: Time To End The Corporate Welfare, Robert J. Rhee
The Terrorism Risk Insurance Act: Time To End The Corporate Welfare, Robert J. Rhee
Robert Rhee
The terrorist attacks of September 11, 2001, inflicted enormous losses on the insurance industry and businesses. In the wake of the disruptions occurring in the insurance market at the time, the government enacted the Terrorism Risk Insurance Act of 2002 to create a “temporary” federal backstop against catastrophic losses. This program subsidized private risk with public funds through a cost-sharing program for which the government does not receive any compensation. The compelling need for the program was unclear even in the smoldering aftermath of 9/11. Yet in response to effective lobbying by the insurance industry and business interests, Congress has …
Arthur Soden's Legacy: The Origins And Early History Of Baseball's Reserve System, Edmund P. Edmonds
Arthur Soden's Legacy: The Origins And Early History Of Baseball's Reserve System, Edmund P. Edmonds
Edmund P. Edmonds
The article focuses on the nineteenth century evolution of the U.S. baseball reserves system. It mentions that the early history of the reserve clause establishes a relationship with sports collective bargaining agreements. It notes that its basic structure stems from a dispute between Boston owner Arthur Soden and baseball players James O'Rourke and George Wright. It also emphasizes on discipline imposed to the players who abandon their contracts to seek higher salaries from a different team.
Context, Timing And The Dynamics Of Transitional Justice: A Historical Perspective, Laurel E. Fletcher, Harvey M. Weinstein, Jamie Rowen
Context, Timing And The Dynamics Of Transitional Justice: A Historical Perspective, Laurel E. Fletcher, Harvey M. Weinstein, Jamie Rowen
Laurel E. Fletcher
Legal process is invoked by supporters of transitional justice as necessary if not a precondition for societies affected by mass violence to transition into a new period of peace and stability. In this paper, we question the presumption that trials and/or truth commissions should be an early response to initiating a transitional justice process. We conducted a multi-factorial, qualitative analysis of seven case studies in countries impacted by mass violence and repression—Argentina, Cambodia, Guatemala, Timor-Leste, Northern Ireland, Sierra Leone, and South Africa. What emerges is a fuller appreciation of the dynamic system in which transitional justice interventions occur. Each system …
Foreword--Speaking In The First Person Plural: Expressive Associations And The First Amendment, Daniel A. Farber
Foreword--Speaking In The First Person Plural: Expressive Associations And The First Amendment, Daniel A. Farber
Daniel A Farber
No abstract provided.
Asterisk Revisited: Debating A Right Of Reply On Search Results, Frank Pasquale
Asterisk Revisited: Debating A Right Of Reply On Search Results, Frank Pasquale
Frank A. Pasquale
No abstract provided.
Islands Of Multilingual Literature: Community Magazines And Australia’S Many Languages, Michael R. Jacklin
Islands Of Multilingual Literature: Community Magazines And Australia’S Many Languages, Michael R. Jacklin
Michael Jacklin
Australian literary studies has for some decades recognised the significance and contribution of multicultural writers to the national literary landscape; however, it has shown less interest in the multilingual nature of much of this writing. This article brings into focus a number of Australian magazines in which multilingual literature has been promoted, from the 1920s Brisbane publication The Muses Magazine, to the 1990s multicultural, multilingual women’s magazine Ambitious Friends, which featured creative work in Arabic, Lao, Spanish and Vietnamese. Further illustrations, specific to Vietnamese Australian writing, will be provided from Integration: The Magazine for Vietnamese and Multicultural Issues, published in …
The Rule Of Law In Cyberspace, Mireille Hildebrandt
The Rule Of Law In Cyberspace, Mireille Hildebrandt
Mireille Hildebrandt
This is a translation of my inaugural lecture at Radboud University Nijmegen. The Dutch version has been published as a booklet, the English version in available on my bepress site.
Unringing The Bell: The Government Speech Doctrine And Publicly-Funded Art, John Barlow
Unringing The Bell: The Government Speech Doctrine And Publicly-Funded Art, John Barlow
John Barlow
No abstract provided.
Unringing The Bell: The Government Speech Doctrine And Publicly-Funded Art, John Barlow
Unringing The Bell: The Government Speech Doctrine And Publicly-Funded Art, John Barlow
John Barlow
No abstract provided.
Unringing The Bell: The Government Speech Doctrine And Publicly-Funded Art, John Barlow
Unringing The Bell: The Government Speech Doctrine And Publicly-Funded Art, John Barlow
John Barlow
No abstract provided.
Unringing The Bell: The Government Speech Doctrine And Publicly-Funded Art, John Barlow
Unringing The Bell: The Government Speech Doctrine And Publicly-Funded Art, John Barlow
John Barlow
No abstract provided.
The Military Response To Criminal Violent Extremist Groups: Aligning Use Of Force Presumptions With Threat Reality, Geoffrey S. Corn
The Military Response To Criminal Violent Extremist Groups: Aligning Use Of Force Presumptions With Threat Reality, Geoffrey S. Corn
Geoffrey S. Corn
Debates over the permissible authority to use force against emerging non-state threats are consistently dictated by a binary legal paradigm: either armed conflict is recognized permitting status based targeting or law enforcement conduct based use of force norms must be respected. This paradigm has driven an expansion of the threats characterized by states as falling within the scope of non-international armed conflicts, a trend that has produced substantial controversy. At the same time, in many states organized criminal groups are creating unprecedented challenges to government authority by utilizing widespread and indiscriminate violence to sow the seeds of chaos and demonstrate …
"Alien" Litigation As Polity-Participation: The Positive Power Of A "Voteless Class Of Litigants", Daniel Kanstroom
"Alien" Litigation As Polity-Participation: The Positive Power Of A "Voteless Class Of Litigants", Daniel Kanstroom
Daniel Kanstroom
No abstract provided.
Race And Colorblindness After Hernandez And Brown, Ian Haney-López
Race And Colorblindness After Hernandez And Brown, Ian Haney-López
Ian F. Haney-López
No abstract provided.
Nation Of Minorities: Race, Ethnicity, And Reactionary Colorblindness, A, Ian F. Haney-López
Nation Of Minorities: Race, Ethnicity, And Reactionary Colorblindness, A, Ian F. Haney-López
Ian F. Haney-López
No abstract provided.
The First Amendment Right To Bare All: How Should Courts Apply The Secondary Effects Doctrine To Strip Bars And Other Sexually Oriented Businesses?, Andrew L. Arons
The First Amendment Right To Bare All: How Should Courts Apply The Secondary Effects Doctrine To Strip Bars And Other Sexually Oriented Businesses?, Andrew L. Arons
Andrew L Arons
The U.S. Supreme Court has developed a deferential First Amendment Doctrine that can be used to uphold laws that target speakers on the basis of the content of their speech. This so-called “secondary effects” doctrine relies on a fictional premise: state and local laws that target certain forms of speech are actually aimed at the adverse secondary effects of the speech. The doctrine supposedly applies to any form of speech that produces secondary effects. It also theoretically permits targeted speakers to challenge the constitutionality of such laws by disproving the existence of secondary effects. Nevertheless, lower courts have impliedly limited …
Slaughter Of The Innocents: Justification, Excuse And The Principle Of Double Effect, Edward C. Lyons
Slaughter Of The Innocents: Justification, Excuse And The Principle Of Double Effect, Edward C. Lyons
Edward C. Lyons
No abstract provided.
Spirit Injury And Feminism: Expanding The Discussion, Nick J. Sciullo
Spirit Injury And Feminism: Expanding The Discussion, Nick J. Sciullo
Nick J. Sciullo
To discuss spirit injury, it is at first necessary to articulate a space in the theoretical diaspora to conceptualize spirit injury as a concept deeply tied to the historical tradition of several theoretical frameworks. “Spirit injury” is a phrase popularized by critical race feminist Adrien Katherine Wing. It is a term utilized in critical race feminism (CRF) that brings together insights from critical legal studies (CLS) and critical race theory (CRT). Wing’s training is as a lawyer and legal scholar, not as a communication scholar, yet her work may help communication scholars more keenly theorize harm and violence. Her scholarship …
Emerging Technologies And Dwindling Speech, Jorge R. Roig
Emerging Technologies And Dwindling Speech, Jorge R. Roig
Jorge R Roig
Transnational Legal Practice (United States) [2010-2012], Laurel S. Terry
Transnational Legal Practice (United States) [2010-2012], Laurel S. Terry
Laurel S. Terry
This article covers three years of Transnational Legal Practice developments in the U.S. (It is the companion article to 47 Int’l Lawyer 485 (2013) which discusses transnational legal practice developments outside of the U.S.) This article begins by briefly reviewing the uncertainty about the future of U.S. legal education and legal services. The next section discusses the proposals and changes that emanated from the ABA Commission on Ethics 20/20, which was tasked with evaluating what changes were needed in light of globalization and technology developments. The third section of this article discusses the Uniform Bar Exam and its implications for …
Transnational Judicial And Non-Judicial Remedies For Corporate Human Rights Harms: Challenges Of And For Law, Sara L. Seck
Transnational Judicial And Non-Judicial Remedies For Corporate Human Rights Harms: Challenges Of And For Law, Sara L. Seck
Sara L. Seck