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Articles 1 - 30 of 43
Full-Text Articles in Entire DC Network
Judgment At The Hague, Ruti Teitel
Is It More Than Dodging Lions And Wastin' Time: Adequacy Of Counsel, Questions Of Competence, And The Judicial Process In Individual Right To Refuse Treatment Cases, Michael L. Perlin, Deborah Dorfman
Is It More Than Dodging Lions And Wastin' Time: Adequacy Of Counsel, Questions Of Competence, And The Judicial Process In Individual Right To Refuse Treatment Cases, Michael L. Perlin, Deborah Dorfman
Articles & Chapters
This article argues that, if the MacArthur Treatment Competence Study (e.g., P. S. Appelbaum and T. Grisso, Grisso et al, and Grisso and Appelbaum; see records 82:39258, 82:35494, and 82:37814, respectively) is to be meaningfully operationalized, it is necessary to consider the ways that counsel is provided in individual cases to institutionalized individuals wishing to assert the right to refuse antipsychotic drug treatment. It looks at the role of counsel in individual right to refuse cases, examines the ways that counsel is assigned in 3 states, and considers the underlying questions through the filters of "sanism" and "pretextuality." It concludes …
Dignity Was The First To Leave: Godinez V. Moran, Colin Ferguson, And The Trial Of Mentally Disabled Criminal Defendants, Michael L. Perlin
Dignity Was The First To Leave: Godinez V. Moran, Colin Ferguson, And The Trial Of Mentally Disabled Criminal Defendants, Michael L. Perlin
Articles & Chapters
No abstract provided.
Taiwan, China, And The United Nations, Lung-Chu Chen
Taiwan, China, And The United Nations, Lung-Chu Chen
Articles & Chapters
No abstract provided.
Myths, Realities, And The Political World: The Anthropology Of Insanity Defense Attitudes, Michael L. Perlin
Myths, Realities, And The Political World: The Anthropology Of Insanity Defense Attitudes, Michael L. Perlin
Articles & Chapters
The author presents the case that society's efforts to understand the insanity defense and insanity-pleading defendants are doomed to intellectual, moral, and political gridlock unless we are willing to take a fresh look at the doctrine through a series of filters-empirical research, scientific discovery, moral philosophy, cognitive and moral psychology, and sociology-in an effort to confront the single most important (but rarely asked) question: why do we feel the way we do about "these people" (insanity pleaders)? He examines this question finally through a model of structural anthropology and concludes that until we come to grips with the extent to …
Going For The Brass Ring: The Case For Same-Sex Marriage Book Review, Arthur S. Leonard
Going For The Brass Ring: The Case For Same-Sex Marriage Book Review, Arthur S. Leonard
Articles & Chapters
No abstract provided.
Reforming The Requirements For Due Execution Of Wills: Some Guidance From The Past, Lloyd Bonfield
Reforming The Requirements For Due Execution Of Wills: Some Guidance From The Past, Lloyd Bonfield
Articles & Chapters
The recent revision of the Uniform Probate Code (1990) accepted the "dispensing power" with respect to will execution, revocation, revival, and alteration. Under section 2-503, a will that has not been executed in conformity with the formalities of will execution should nevertheless be admitted to probate if the probate court finds "by clear and convincing evidence" that the decedent intended the document to stand as a will This Article reviews the literature supporting the change in wills acts and examines cases that have considered applying remedies for defectively executed wills. It is argued by the proponents of the dispensing power …
Why States, Not Epa, Should Set Pollution Standards Behind The Green Curtain, David Schoenbrod
Why States, Not Epa, Should Set Pollution Standards Behind The Green Curtain, David Schoenbrod
Articles & Chapters
No abstract provided.
Contractual Bankruptcy Waivers: Reconciling Theory, Practice, And Law, Marshall E. Tracht
Contractual Bankruptcy Waivers: Reconciling Theory, Practice, And Law, Marshall E. Tracht
Articles & Chapters
No abstract provided.
The New Activist Court, Donald H. Zeigler
The Kiddie Tax: A Nuisance Solution To A Nonexistent Problem (Special Tax Symposium), Richard C.E. Beck
The Kiddie Tax: A Nuisance Solution To A Nonexistent Problem (Special Tax Symposium), Richard C.E. Beck
Articles & Chapters
No abstract provided.
The New Community Reinvestment Act Regulations: An Attempt To Implement Performance-Based Standards, Richard D. Marsico
The New Community Reinvestment Act Regulations: An Attempt To Implement Performance-Based Standards, Richard D. Marsico
Articles & Chapters
On May 4, 1995, the federal banking regulatory agencies published new Community Reinvestment Act (CRA) regulations.' This culminated a process that began nearly two years earlier, in July 1993, when President Clinton called on the agencies to reform the CRA enforcement regime. The goal was to institute a regulatory scheme that emphasized lending performance over process, that was more objective and less subject to arbitrary interpretation, and that reduced unnecessary paperwork.2 With this presidential mandate, the agencies commenced a 21-month odyssey that included seven hearings around the country with more than 250 witnesses, two sets of proposed revisions to the …
Introduction: Dialogue On The Solomon Lecture: Politics And The Rehnquist Court, Nadine Strossen
Introduction: Dialogue On The Solomon Lecture: Politics And The Rehnquist Court, Nadine Strossen
Articles & Chapters
No abstract provided.
Book Review Of Problems And Process: International Law And How We Use It, By Rosalyn Higgins, Lung-Chu Chen
Book Review Of Problems And Process: International Law And How We Use It, By Rosalyn Higgins, Lung-Chu Chen
Articles & Chapters
No abstract provided.
Framed, Richard Sherwin
Politics And The Rehnquist Court, James F. Simon
Politics And The Rehnquist Court, James F. Simon
Articles & Chapters
No abstract provided.
I'Ll Give You Shelter From The Storm: Privilege, Confidentiality, And Confessions Of Crime, Michael L. Perlin
I'Ll Give You Shelter From The Storm: Privilege, Confidentiality, And Confessions Of Crime, Michael L. Perlin
Articles & Chapters
No abstract provided.
Text, Texts, Or Ad Hoc Determinations: Interpretation Of The Federal Rules Of Evidence, Randolph N. Jonakait
Text, Texts, Or Ad Hoc Determinations: Interpretation Of The Federal Rules Of Evidence, Randolph N. Jonakait
Articles & Chapters
No abstract provided.
Foreword: Law, Culture, Education, And Politics, Faith Stevelman
Foreword: Law, Culture, Education, And Politics, Faith Stevelman
Articles & Chapters
No abstract provided.
Legislatures, Courts And The Sec: Reflections On Silence And Power In Corporate And Securities Law, Faith Stevelman
Legislatures, Courts And The Sec: Reflections On Silence And Power In Corporate And Securities Law, Faith Stevelman
Articles & Chapters
No abstract provided.
Retroactive Civil Legislation, Laura Ricciardi, Michael B.W. Sinclair
Retroactive Civil Legislation, Laura Ricciardi, Michael B.W. Sinclair
Articles & Chapters
No abstract provided.
Critical Perspectives On Megan's Law: Protection Vs. Privacy, Nadine Strossen
Critical Perspectives On Megan's Law: Protection Vs. Privacy, Nadine Strossen
Articles & Chapters
Symposium - Critical Perspectives on Megan's Law: Protection vs. Privacy - Introduction
Loan Repayment Assistance Programs For Public-Interest Lawyers: Why Does Everyone Think They Are Taxable?, Richard C.E. Beck
Loan Repayment Assistance Programs For Public-Interest Lawyers: Why Does Everyone Think They Are Taxable?, Richard C.E. Beck
Articles & Chapters
No abstract provided.
Should We Test For Interpersonal Lawyering Skills?, Lawrence M. Grosberg
Should We Test For Interpersonal Lawyering Skills?, Lawrence M. Grosberg
Articles & Chapters
No abstract provided.
Protecting Student Rights Promotes Educational Opportunity: A Response To Judge Wilkinson Due Process And Public Education, Nadine Strossen
Protecting Student Rights Promotes Educational Opportunity: A Response To Judge Wilkinson Due Process And Public Education, Nadine Strossen
Articles & Chapters
No abstract provided.
Religion And Politics: A Reply To Justice Antonin Scalia, Nadine Strossen
Religion And Politics: A Reply To Justice Antonin Scalia, Nadine Strossen
Articles & Chapters
No abstract provided.
Federalism And Judicial Mandates, Nadine Strossen
Federalism And Judicial Mandates, Nadine Strossen
Articles & Chapters
No abstract provided.
Comparing The Concepts Of ‘Property’ And ‘Value’ In Real Estate Law And Real Property Taxation, Gerald Korngold
Comparing The Concepts Of ‘Property’ And ‘Value’ In Real Estate Law And Real Property Taxation, Gerald Korngold
Articles & Chapters
This article first explores property law 's model for addressing split ownership of land so that its relevance to real estate taxation can be examined. It then discusses the public policies and pragmatic concerns that influence the judicial definitions of "property" and "value" in real estate taxation. Finally, four areas, of property law are examined that raise questions of "property" and land "value" that are analogous to those in real estate taxation. Each of these four areas of property law teaches an important lesson about the comparative meanings of "property" and "value."
Law And Inequality: Race, Gender…And, Of Course, Class, Carroll Serron, Frank W. Munger
Law And Inequality: Race, Gender…And, Of Course, Class, Carroll Serron, Frank W. Munger
Articles & Chapters
This chapter discusses the concept of class in an important subfield, the sociology of law. Class, a pivotal institution of society, was central to the earliest studies of legal institutions and of law and inequality in particular. More recently, class has played a less important role. This chapter argues for the continuing importance of class and provides examples of its potential use in contemporary sociolegal research. The first part reviews early work that employed class and instrumental models of the state. Grounded, anti-formal models of law provided a contrasting view. Following wider trends in the discipline, sociology of law turned …
Directorial Fiduciary Duties In A Tracking Stock Equity Structure: The Need For A Duty Of Fairness, Jeffrey J. Haas
Directorial Fiduciary Duties In A Tracking Stock Equity Structure: The Need For A Duty Of Fairness, Jeffrey J. Haas
Articles & Chapters
No abstract provided.