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Articles 181 - 198 of 198
Full-Text Articles in Entire DC Network
Fiduciaries, Misappropriators And The Murky Outlines Of The Den Of Thieves: A Conceptual Continuum For Analyzing United States V. O’Hagan,, Kimberly D. Krawiec
Fiduciaries, Misappropriators And The Murky Outlines Of The Den Of Thieves: A Conceptual Continuum For Analyzing United States V. O’Hagan,, Kimberly D. Krawiec
Faculty Scholarship
No abstract provided.
Justice In The Wake Of Genocide: The Case Of Rwanda, Madeline Morris
Justice In The Wake Of Genocide: The Case Of Rwanda, Madeline Morris
Faculty Scholarship
During three months in 1994, genocide was committed in Rwanda. Two years after those events, and notwithstanding efforts at both national and international levels to bring the perpetrators to justice, the first case has yet to go to trial. Over the past months, I have worked closely with the government of Rwanda on justice issues in the course of a research project that I am doing on the role of national and international tribunals in the former Yugoslavia, Ethiopia, and Rwanda. I would like to share with you some observations arising from that work. I will examine the approaches to …
Tax And The Married Woman, Lawrence A. Zelenak
Tax And The Married Woman, Lawrence A. Zelenak
Faculty Scholarship
Reviewing, Edward J. McCaffery, Taxing Women (1997)
Foreword, Thomas B. Metzloff, Frank A. Sloan
Foreword, Thomas B. Metzloff, Frank A. Sloan
Law and Contemporary Problems
No abstract provided.
Foucault In Cyberspace: Surveillance, Sovereignty, And Hardwired Censors, James Boyle
Foucault In Cyberspace: Surveillance, Sovereignty, And Hardwired Censors, James Boyle
Faculty Scholarship
This is an essay about law in cyberspace. I focus on three interdependent phenomena: a set of political and legal assumptions that I call the jurisprudence of digital libertarianism, a separate but related set of beliefs about the state's supposed inability to regulate the Internet, and a preference for technological solutions to hard legal issues on-line. I make the familiar criticism that digital libertarianism is inadequate because of its blindness towards the effects of private power, and the less familiar claim that digital libertarianism is also surprisingly blind to the state's own power in cyberspace. In fact, I argue that …
Adapting Mediation To Link Resolution Of Medical Malpractice Dispute With Health Care Quality Improvement, Edward A. Dauer, Leonard J. Marcus
Adapting Mediation To Link Resolution Of Medical Malpractice Dispute With Health Care Quality Improvement, Edward A. Dauer, Leonard J. Marcus
Law and Contemporary Problems
It is hypothesized that mediation in either a fault-based or a no-fault environment can make claims resolution more efficient and simultaneously promote quality improvement in health care more effectively than does the litigation/settlement process.
Law As “The Common Thoughts Of Men”: The Law-Teaching And Judging Of Thomas Mcintyre Cooley, Paul D. Carrington
Law As “The Common Thoughts Of Men”: The Law-Teaching And Judging Of Thomas Mcintyre Cooley, Paul D. Carrington
Faculty Scholarship
In this article, Professor Carrington offers an intellectual history of Thomas McIntyre Cooley. Cooley, a close contemporary of Dean Langdell, was in his time the premier judge, law teacher, and legal scholar in America, overshadowing not only Langdell, but his somewhat younger associate, Oliver Wendell Holmes. The twentieth century has neglected, even scorned, Cooley, while elevating Langdell and Holmes: Langdell as the patron of the technographic profession trained by Hessians, and Holmes as the patron of a disengaged academic sub-profession. In the Jacksonian universe producing Cooley, there was little appreciation of the likes of either Landgell and his successors, or …
Making Securities Fraud Class Actions Virtuous, James D. Cox
Making Securities Fraud Class Actions Virtuous, James D. Cox
Faculty Scholarship
No abstract provided.
The Defensive Use Of Federal Class Actions In Mass Torts, Francis Mcgovern
The Defensive Use Of Federal Class Actions In Mass Torts, Francis Mcgovern
Faculty Scholarship
No abstract provided.
Medical Discipline In The Twenty-First Century: Are Purchasers The Answer?, Frances H. Miller
Medical Discipline In The Twenty-First Century: Are Purchasers The Answer?, Frances H. Miller
Law and Contemporary Problems
The adaptation of medical discipline in the 21st century is examined by positing that the locus of "disciplining" doctors has already begun to gravitate away from traditional government licensure and medical malpractice litigation toward purchasers of medical services.
Remarks On Jeffrey Rosen’S Paper, Walter E. Dellinger Iii
Remarks On Jeffrey Rosen’S Paper, Walter E. Dellinger Iii
Faculty Scholarship
No abstract provided.
Should We Rush To Reform The Criminal Jury?: Consider Conviction Rate Data, Neil Vidmar, Sara Sun Beale, Mary R. Rose, Laura F. Donnelly
Should We Rush To Reform The Criminal Jury?: Consider Conviction Rate Data, Neil Vidmar, Sara Sun Beale, Mary R. Rose, Laura F. Donnelly
Faculty Scholarship
No abstract provided.
The Filibuster, Catherine Fisk, Erwin Chemerinsky
The Filibuster, Catherine Fisk, Erwin Chemerinsky
Faculty Scholarship
The filibuster in the United States Senate imposes an effective supermajority requirement for the enactment of most legislation because sixty votes are required to bring a measure to a vote over the objection of any senator. Filibusters are ubiquitous but virtually invisible, for the contemporary Senate practice does not require a senator to hold the floor to filibuster; senators filibuster simply by indication to the Senate leadership that they intend to do so. The prevalence and invisibility of this "stealth filibuster" dramatically affects which legislation is passed and which nominees are confirmed. The stealth filibuster also raises serious constitutional questions. …
Moderating Investigative Lies By Disclosure And Documentation, Robert P. Mosteller
Moderating Investigative Lies By Disclosure And Documentation, Robert P. Mosteller
Faculty Scholarship
No abstract provided.
Customary International Law As Federal Common Law: A Critique Of The Modern Position, Curtis A. Bradley, Jack L. Goldsmith
Customary International Law As Federal Common Law: A Critique Of The Modern Position, Curtis A. Bradley, Jack L. Goldsmith
Faculty Scholarship
In the last twenty years, a consensus has developed among courts and scholars that customary international law has the status of federal common law. We label this consensus the "modern position." Courts have endorsed the modern position primarily to support their conclusion that international human rights lawsuits between aliens "arise under" the laws of the United States for purposes of Article III of the Constitution. Scholars have pushed the consequences of the modern position further by arguing that customary international law preempts inconsistent state law under the Supremacy Clause, binds the President under the Take Care Clause, and even supersedes …
Toward A Theory Of Effective Supranational Adjudication, Laurence R. Helfer, Anne-Marie Slaughter
Toward A Theory Of Effective Supranational Adjudication, Laurence R. Helfer, Anne-Marie Slaughter
Faculty Scholarship
Supranational adjudication in Europe is a remarkable and surprising success. Europe's two supranational courts -- the European Court of Justice (ECJ) and the European Court of Human Rights (ECHR) -- issue dozens of judgments each year with which defending national governments habitually comply in essentially the same manner as they would with domestic court rulings. These experiences stand in striking contrast to those of many international tribunals past and present. Can the European experience of supranational adjudication be transplanted beyond Europe? Professors Helfer and Slaughter argue that the effectiveness of the ECJ and the ECHR is linked to their power …
The Principle Of The Military Objective In The Law Of Armed Conflict, Horace B. Robertson
The Principle Of The Military Objective In The Law Of Armed Conflict, Horace B. Robertson
Faculty Scholarship
In their commentary on the two 1977 Protocols Additional to the Geneva conventions of 1949, Michael Bothe, Karl Josef Partsch, and the late Waldemar A. Soif remark that the definition of the "military objective" in the sense of targets for attack had, until adoption of Article 52 of Protocol Additional I, "eluded all efforts to arrive at a generally acceptable solution?"