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Articles 6901 - 6930 of 7012
Full-Text Articles in Law
Lawyering For Social Justice, Nan D. Hunter
Lawyering For Social Justice, Nan D. Hunter
Georgetown Law Faculty Publications and Other Works
It is an honor, albeit a sad one, to be invited to write this Essay in commemoration of Tom Stoddard and as commentary on his final publication.
I first met Tom in the late 1970s, when we both joined the Board of Directors of the Lambda Legal Defense and Education Fund. Both of us were American Civil Liberties Union staff attorneys, Tom for the New York Civil Liberties Union (NYCLU) and I for the Reproducfive Freedom Project in the national office. Later, for the last half of the 1980s, Tom was the Executive Director of Lambda during the same period …
Deterrence’S Difficulty, Neal K. Katyal
Deterrence’S Difficulty, Neal K. Katyal
Georgetown Law Faculty Publications and Other Works
We all crave simple elegance. Physicists since Einstein have been searching for a grand unified theory that will tie everything together in a simple model. Law professors have their own grand theories - law and economics's Coase Theorem and constitutional law's Originalism immediately spring to mind. Criminal law is no different, for the analogue is our faith in deterrence - the belief that increasing the penalty on an activity will mean that fewer people will perform it. This theory has much to commend it. After all, economists and shoppers have known for ages that a price increase in a good …
Some Reflections On Copyright Management Systems And Laws Designed To Protect Them, Julie E. Cohen
Some Reflections On Copyright Management Systems And Laws Designed To Protect Them, Julie E. Cohen
Georgetown Law Faculty Publications and Other Works
Copyright management systems (CMS)—technologies that enable copyright owners to regulate reliably and charge automatically for access to digital works—are the wave of the very near future. The advent of digital networks, which make copying and distribution of digital content quick, easy, and undetectable, has provided the impetus for CMS research and development. CMS are premised on the concept of "trusted systems" or "secure digital envelopes" that protect copyrighted content and allow access and subsequent copying only to the extent authorized by the copyright owner. Software developers are testing prototype systems designed to detect, prevent, count, and levy precise charges for …
The Folklore Of Investor Capitalism, John C. Coffee Jr.
The Folklore Of Investor Capitalism, John C. Coffee Jr.
Faculty Scholarship
Ideally, Thurman Arnold should review this book. In his The Folklore of American Capitalism, Arnold dissected the ideology and rationalizations by which the business community of an earlier day defended its legitimacy and perquisites. Michael Useem, a sociologist at the Wharton School, also has an interest in the ideology of the business community: how corporate managers view the new institutional investors, how they justify resistance, and the tensions and inconsistencies between their critiques of money managers and their own behavior. This is an underutilized perspective (which law and economics inherently tends to overlook), and Useem is at his best …
The Evolution Of Adolescence: A Developmental Perspective On Juvenile Justice Reform, Elizabeth S. Scott, Thomas Grisso
The Evolution Of Adolescence: A Developmental Perspective On Juvenile Justice Reform, Elizabeth S. Scott, Thomas Grisso
Faculty Scholarship
The legal response to juvenile crime is undergoing revolutionary change, and its ultimate shape is uncertain. The traditional juvenile court, grounded in optimism about the potential for rehabilitation of young offenders, has long been the target of criticism, and even its defenders have been forced to acknowledge that it has failed to meet its objectives. Beginning in the late 1960s, when the Supreme Court introduced procedural regularity to delinquency proceedings in In re Gault, courts and legislatures began to slowly chip away at the foundations of the juvenile justice system. Recent developments have accelerated and intensified that process, as …
Golden Rules For Transboundary Pollution, Thomas W. Merrill
Golden Rules For Transboundary Pollution, Thomas W. Merrill
Faculty Scholarship
Environmental law is becoming ever more centralized. In the United States, state and local pollution laws have been eclipsed by federal regulation. In the European Community, and to a lesser degree under the North American Free Trade Agreement (NAFTA), national controls have been supplemented by regional regulation. And the growing importance of treaties regulating particular aspects of the global environment has reinforced calls for more general regimes of international environmental regulation.
One inevitably given justification for this centralizing trend is that pollution is a transboundary phenomenon. Air and water pollution, and to a lesser extent groundwater contamination, can cross political …
"Prescriptive Equality": Two Steps Forward, Kent Greenawalt
"Prescriptive Equality": Two Steps Forward, Kent Greenawalt
Faculty Scholarship
In this Response to Professor Peters, Professor Greenawalt argues that prescriptive equality does have meaningful normative force. Prescriptive equality plays a reinforcing role when it agrees with nonegalitarian justice and is not incoherent when it pulls against nonegalitarian justice. Specifically, when one individual has been treated better than is required by nonegalitarian justice, a similarly situated and significantly related individual who is aware of that treatment may merit equivalent treatment because of widespread and deep-seated feelings about equality.
Writing Wrongs In Welfare: Why Legislating Morality Will Not Solve The Crisis Of Poverty, Daniela Kraiem
Writing Wrongs In Welfare: Why Legislating Morality Will Not Solve The Crisis Of Poverty, Daniela Kraiem
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Administrative Law Agenda For The Next Decade, Jeffrey Lubbers
The Administrative Law Agenda For The Next Decade, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals
No abstract provided.
International Criminal Law And The Cambodian Killing Fields, Diane Orentlicher
International Criminal Law And The Cambodian Killing Fields, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Case Against The Prison-Industrial Complex, Ira P. Robbins
The Case Against The Prison-Industrial Complex, Ira P. Robbins
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Of Pitcairn's Island And American Constitutional Theory, Dan T. Coenen
Of Pitcairn's Island And American Constitutional Theory, Dan T. Coenen
Scholarly Works
Few tales from human experience are more compelling than that of the mutiny on the Bounty and its extraordinary aftermath. On April 28, 1789, crew members of the Bounty, led by Fletcher Christian, seized the ship and its commanding officer, William Bligh. After being set adrift with eighteen sympathizers in the Bounty's launch, Bligh navigated to landfall across 3600 miles of ocean in "the greatest open-boat voyage in the history of the sea." Christian, in the meantime, recognized that only the gallows awaited him in England and so laid plans to start a new and hidden life in the South …
Rights Of Slaves And Other Owned-Animals, Alan Watson
Rights Of Slaves And Other Owned-Animals, Alan Watson
Scholarly Works
Part of a number of essays which follow are written by experts from various interdisciplinary fields at the request of Animal Law.
I chose the title with deliberation. My concern in this paper is not with moral theory, but with the law that has given rights to owned-animals, and the extent to which these rights have been enforced.
I believe that there is a three-fold hierarchy as to the extent of these rights in accordance with the animal that is their object. At the top of the hierarchy are rights accorded to slaves under a legal system that is not …
Equal Protection Of The Laws: Recent Judicial Decisions And Their Implications For Public Educational Institutions, Anne Dupre, John Dayton
Equal Protection Of The Laws: Recent Judicial Decisions And Their Implications For Public Educational Institutions, Anne Dupre, John Dayton
Scholarly Works
This article reviews recent judicial decisions concerning the Equal Protection Clause and provides an analysis of their implications for public educational institutions. The article begins by giving a brief historical overview of the Equal Protection Clause, its application to the states, and describes the three-tiered approach to challenges alleging government denial of equal protection of the laws. Recent applications of each tier are addressed by discussing Adarand v. Pena, Hopwood v. Texas, U.S. v. Virginia, and Romer v. Evans. The article concludes by noting that these recent cases have added to uncertainty concerning the Court’s interpretation of the Equal …
Muddy Waters: Infringement Analysis After "Markman" And "Warner-Jenkinson", Clyde F. Willian, Joseph S. Miller
Muddy Waters: Infringement Analysis After "Markman" And "Warner-Jenkinson", Clyde F. Willian, Joseph S. Miller
Scholarly Works
No abstract provided.
Begränsar Distributionssamverkan Konkurrensen? Grönbok Från Eu, Hans Henrik Lidgard
Begränsar Distributionssamverkan Konkurrensen? Grönbok Från Eu, Hans Henrik Lidgard
Hans Henrik Lidgard
No abstract provided.
Law Review Story, Lisa Pruitt
Law Review Story, Lisa Pruitt
Lisa R Pruitt
This essay is the story of the author’s election as editor-in-chief of the Arkansas Law Review and of her tenure in that role. The story implicates a range of legal issues including hate speech, sexual harassment, sex discrimination, defamation, and intentional infliction of emotional distress. It is also the tale of the author’s feminist epiphany and of the law school’s failure to respond to the harassment. It was published in the 50th anniversary issue of the Arkansas Law Review.
La Independencia Del Poder Judicial: Limitando Al Ejecutivo Y Protegiendo Al Federalismo En Estados Unidos, Robert Barker
La Independencia Del Poder Judicial: Limitando Al Ejecutivo Y Protegiendo Al Federalismo En Estados Unidos, Robert Barker
Robert S. Barker
No abstract provided.
Lawyer, Know Thyself: A Review Of Empirical Research On Attorney Attributes Bearing On Professionalism, Susan Daicoff
Lawyer, Know Thyself: A Review Of Empirical Research On Attorney Attributes Bearing On Professionalism, Susan Daicoff
Susan Daicoff
No abstract provided.
Strengthening The Summary Jury Trial: A Proposal To Increase Its Effectiveness And Encourage Uniformity Of Use, Ann Woodley
Strengthening The Summary Jury Trial: A Proposal To Increase Its Effectiveness And Encourage Uniformity Of Use, Ann Woodley
Ann Woodley
No abstract provided.
Property, Progeny, Body Part: Assisted Reproduction And The Transfer Of Wealth, Katheleen Guzman
Property, Progeny, Body Part: Assisted Reproduction And The Transfer Of Wealth, Katheleen Guzman
Katheleen R. Guzman
No abstract provided.
Virtual Trade Dress: A Very Real Problem, Tom Bell
Virtual Trade Dress: A Very Real Problem, Tom Bell
Tom W. Bell
A tragedy looms for trade dress. Encouraged by bad case law and tempted by new technologies, trade dress threatens to assume a role properly reserved for other forms of intellectual property. Trade dress should aim primarily at protecting the public from confusing the features that identify goods and services. Current trends, however, risk expanding trade dress until it constitutes the very commodities that it once merely identified. Superficially genuine but fundamentally artificial, this is virtual trade dress.
Legal Rhetoric And Revolutionary Change, Richard Kay
Legal Rhetoric And Revolutionary Change, Richard Kay
Richard Kay
If we define revolutionary change as the alteration of fundamental political arrangements in ways inconsistent with accepted understandings of law, we would not expect to find the invocation of law in justification of that change. In fact, however, such justification is not uncommon. This paper examines three cases exposing differing attitudes to legal justification of revolution-- the English Revolution of 1688-89, the secession of the Southern states at the beginning of the American Civil War and the Bolshevik revolution of 1917. In each case the paper describes the revolutionaries' use of legal language. It then shows how the use or …
The Character Evidence Defense: Acquittal Based On Good Character, Thomas J. Reed
The Character Evidence Defense: Acquittal Based On Good Character, Thomas J. Reed
Thomas J Reed
No abstract provided.
Some Thoughts About Social Perception And Employment Discrimination Law: A Modest Proposal For Reopening The Judicial Dialogue, Stephen Subrin
Some Thoughts About Social Perception And Employment Discrimination Law: A Modest Proposal For Reopening The Judicial Dialogue, Stephen Subrin
Stephen N. Subrin
Part I examines how and why people engage in stereotyping and prejudiced thinking. It also summarizes the available data on the continued existence of racial discrimination in employment. Part II explains why the due process clause, the right to trial by jury, and elemental notions of fairness obligate judges and juries to listen to known facts about racism and discrimination and how this can be accomplished through jury instructions, judicial notice and expert testimony. Part III demonstrates that neither the language of the most controversial Supreme Court opinions nor the theories of the icons of contemporary conservative thought foreclose our …
The Failure Of The Freedom-Based And Utlilitarian Arguments For Assisted Suicide, Scott T. Fitzgibbon
The Failure Of The Freedom-Based And Utlilitarian Arguments For Assisted Suicide, Scott T. Fitzgibbon
Scott T. FitzGibbon
In recent years, numerous initiatives have been launched to promote physician-assisted suicide. Numerous statutes have been proposed, and one (in Oregon) has been enacted. The United States Court of Appeals for the Ninth Circuit and the United States Court of Appeals for the Second Circuit were recently persuaded to recognize constitutionally protected rights to assisted suicide, although their decisions have been reversed by the Supreme Court. An international organization called the World Federation of Right-to-Die Societies furthers such efforts in other countries. The two most common justifications for such initiatives are that assisted suicide enhances freedom or liberty, and that …
An Oklahoma Slant To Environmental Protection And The Politics Of Property Rights, Drew L. Kershen
An Oklahoma Slant To Environmental Protection And The Politics Of Property Rights, Drew L. Kershen
Drew L. Kershen
No abstract provided.
Saving Failed States: Sometimes A Neocolonialist Notion, Ruth Gordon
Saving Failed States: Sometimes A Neocolonialist Notion, Ruth Gordon
Ruth Gordon
No abstract provided.
Retirement Incentives In The Twenty First Century: The Move Toward Employer Control Of The Adea, Judith A. Mcmorrow
Retirement Incentives In The Twenty First Century: The Move Toward Employer Control Of The Adea, Judith A. Mcmorrow
Judith A. McMorrow
No abstract provided.
The Case Of Mrs. Jones Revisited: Paternalism And Autonomy In Lawyer-Client Counseling, Mark Spiegel
The Case Of Mrs. Jones Revisited: Paternalism And Autonomy In Lawyer-Client Counseling, Mark Spiegel
Mark Spiegel
No abstract provided.