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Articles 91 - 120 of 8626
Full-Text Articles in Law
Conjunction And Aggregation, Saul Levmore
Conjunction And Aggregation, Saul Levmore
Coase-Sandor Working Paper Series in Law and Economics
This Article begins with the puzzle of why law does not embrace the "product rule"; a mathematically-inclined judge or jury that thought a defendant .6 likely to have been negligent and .7 likely to have caused plaintiff's harm might conclude that plaintiff had failed to satisfy the preponderance of the evidence standard. Following some discussion of a number of reactions to this puzzle, the Article advances the idea that the process of aggregating multiple jurors' assessments overlooks valuable information. First, following the Condorcet Jury Theorem, agreement among jurors might raise our level of confidence beyond what the jurors themselves report. …
Copyright, Borrowed Images, And Appropriation Art: An Economic Approach, William M. Landes
Copyright, Borrowed Images, And Appropriation Art: An Economic Approach, William M. Landes
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
Puzzling Stock Options And Compensation Norms, Saul Levmore
Puzzling Stock Options And Compensation Norms, Saul Levmore
Coase-Sandor Working Paper Series in Law and Economics
Why do so many executives and other employees receive fixed stock options as part of their compensation packages? There is an impressive literature on compensatory options, and yet it raises more puzzles than it solves. Tax law, option theory, and agency theory all suggest that we might have expected to find quite different practices than we do observe. In particular, there is a puzzle in the popularity of conventional fixed options when indexed options would seem to be relatively attractive. The solution or story offered here develops arguments about signaling, in the form of employees' disinclination to be seen as …
Table Of Contents - Issue 2, Chicago-Kent Law Review
Table Of Contents - Issue 2, Chicago-Kent Law Review
Chicago-Kent Law Review
No abstract provided.
Law As Interpretation, Charles W. Collier
Law As Interpretation, Charles W. Collier
Chicago-Kent Law Review
This Article situates the field of law within the interpretive disciplines and analyzes a number of key legal issues as problems of interpretation. The discussion begins with some historically important interpretive paradigms and methodological metaphors in the natural sciences, the humanities, and the social sciences. Then, within the field of law, a common law narrative, a constitutional narrative, and a community-society paradigm are described and explicated as basic interpretive frameworks of legal decision making.
Borders Or Horizons? Gadamer And Habermas Revisited, Fred R. Dallmayr
Borders Or Horizons? Gadamer And Habermas Revisited, Fred R. Dallmayr
Chicago-Kent Law Review
In this Article, Dallmayr examines the status of borders and demarcations. Are borders markers of separation and exclusion, or are they more like hyphens or horizons indicating a correlation without sameness, a distinctness opening up to alterity? This Article investigates this question by returning to the -so-called "Gadamer-Habermas Debate." While Part I recapitulates some of Hans-Georg Gadamer's teachings, especially with reference to a "universal hermeneutics," Part II reviews some of Jürgen Habermas's critical rejoinders and initiatives aiming basically at a parceling of forms of human knowledge. In the concluding part, an effort is made to highlight the significance of the …
Interpretation, Critique, And Adjudication: The Search For Constitutional Hermeneutics, John T. Valauri
Interpretation, Critique, And Adjudication: The Search For Constitutional Hermeneutics, John T. Valauri
Chicago-Kent Law Review
This Article seeks a model for a constitutional hermeneutics in an examination of two key debates in philosophical hermeneutics—the Gadamer-Betti debate over the role of author's meaning in interpretation and the Gadamer-Habermas debate over transcendence and critique. It compares these to the framers' intent and nonoriginalism disputes in constitutional theory. But the result is not another method of constitutional interpretation. Rather it is a hermeneutically informed way of viewing the practice of constitutional adjudication itself.
Nonmajority Unions, Employee Participation Programs, And Worker Organizing: Irreconcilable Differences?, Carol Brooke
Nonmajority Unions, Employee Participation Programs, And Worker Organizing: Irreconcilable Differences?, Carol Brooke
Chicago-Kent Law Review
The debate over section 8(a)(2) of the National Labor Relations Act and the appropriate role of employer-sponsored employee participation plans ("EPPs") in the workplace coincides with growing attention to the usefulness of nonmajority unions ("NMUs") in providing a voice for workers. This Note examines the effectiveness of an NMU in a manufacturing plant in rural North Carolina, and the interaction of that worker-run organization with EPPs established by management. The experience of these workers suggests that section 8(a)(2) should be amended to require employers with EPPs to offer equal support and assistance to NMUs.
Religious Conservatives And The Death Penalty, Thomas C. Berg
Religious Conservatives And The Death Penalty, Thomas C. Berg
William & Mary Bill of Rights Journal
With the increased fervor surrounding the death penalty, many religious sects have re-examined their position on this issue. New statistics concerning possible discrimination in the application of the death penalty prompted several religious groups to call for a moratorium on the death penalty. In this Essay, Professor Thomas C. Berg examines how religious conservatives, especially Roman Catholics and evangelical Protestants, have dealt with the recent concerns over the death penalty. Part I of the Essay documents how Roman Catholics and evangelical Protestants traditionally approach the death penalty. In this section, Professor Berg concludes that critics of the death penalty can …
Transcript Of Speech On Religions's Role In The Administration Of The Death Penalty, Pat Robertson
Transcript Of Speech On Religions's Role In The Administration Of The Death Penalty, Pat Robertson
William & Mary Bill of Rights Journal
No abstract provided.
Gadamer, Heidegger, And The Social Dimensions Of Language: Reflections On The Critical Potential Of Hermeneutical Philosophy, Ingrid Scheibler
Gadamer, Heidegger, And The Social Dimensions Of Language: Reflections On The Critical Potential Of Hermeneutical Philosophy, Ingrid Scheibler
Chicago-Kent Law Review
Beginning with an account of recent efforts, like Georgia Warnke's, to demonstrate Hans-Georg Gadamer's relevance to legal theory, this Article looks at Gadamer's conception of language and tradition, claiming that, while he shares important features of Heidegger's thought, Gadamer productively grounds his view of language and tradition in such a way that the everyday realm of public discourse, characterized by a healthy injunction to foster reasoned debate amongst divergent perspectives and interpretations, has a vital and integral role to play. While Gadamer criticizes the Enlightenment's hostility to tradition, paradoxically, his concept of linguistically mediated tradition has far more in common …
The Doping Crisis In International Athletic Competition: Lessons From The Chinese Doping Scandal In Women's Swimming, David Galluzzi
The Doping Crisis In International Athletic Competition: Lessons From The Chinese Doping Scandal In Women's Swimming, David Galluzzi
Seton Hall Journal of Sports and Entertainment Law
No abstract provided.
Tort Law - Recreational Activity - Standard Of Care - Co-Participants In Recreational Activities Owe Each Other A Duty Not To Act Recklessly - Ritchie-Gamester V. City Of Berkley, 597 N.W.2d 517 (Mich. 1999)., Melissa Cohen
Seton Hall Journal of Sports and Entertainment Law
No abstract provided.
Conscripting State Law To Protect Volunteers: The Odd Formulation Of Federalism In "Opt-Out" Preemption, Alfred R. Light
Conscripting State Law To Protect Volunteers: The Odd Formulation Of Federalism In "Opt-Out" Preemption, Alfred R. Light
Seton Hall Journal of Sports and Entertainment Law
No abstract provided.
Athlete Agent Solicitation Of Athlete Clients: Statutory Authorization And Prohibition, Diane Sudia, Rob Remis
Athlete Agent Solicitation Of Athlete Clients: Statutory Authorization And Prohibition, Diane Sudia, Rob Remis
Seton Hall Journal of Sports and Entertainment Law
No abstract provided.
Cancellation Of The Washington Redskins' Federal Trademark Registrations: Should Sports Team Names, Mascots And Logos Contain Native American Symbolism?, Kristin E. Behrendt
Cancellation Of The Washington Redskins' Federal Trademark Registrations: Should Sports Team Names, Mascots And Logos Contain Native American Symbolism?, Kristin E. Behrendt
Seton Hall Journal of Sports and Entertainment Law
No abstract provided.
Statutory Regulation Of Agent Gifts To Athletes, Diane Sudia, Rob Remis
Statutory Regulation Of Agent Gifts To Athletes, Diane Sudia, Rob Remis
Seton Hall Journal of Sports and Entertainment Law
No abstract provided.
Major League Soccer: Antitrust, The Single Entity, And The Heightened Demand For A Labor Movement In The New Professional Soccer League, Phillip Lawrence Wright Jr.
Major League Soccer: Antitrust, The Single Entity, And The Heightened Demand For A Labor Movement In The New Professional Soccer League, Phillip Lawrence Wright Jr.
Seton Hall Journal of Sports and Entertainment Law
No abstract provided.
Deference And Disability Discrimination, Rebecca H. White
Deference And Disability Discrimination, Rebecca H. White
Scholarly Works
In 1999, the question of deference to the EEOC grabbed the spotlight. It surfaced in a case that arose under the Americans with Disabilities Act of 1990 (the "ADA"), a relatively new, and sweeping, anti-discrimination law that prohibits workplace discrimination against qualified individuals with a disability. A difficult substantive question was presented: Is the determination of whether one has a disability within the meaning of the ADA to be made with or without regard to mitigating measures? Instinctively, either a "yes" or a "no" answer seems problematic. On the one hand, defining disability without regard to the corrective effects of …
Assessing The Potential Impact Of The Proposed Hague Jurisdiction And Judgments Convention On Human Rights Litigation In The United States, Thomas E. Vanderbloemen
Assessing The Potential Impact Of The Proposed Hague Jurisdiction And Judgments Convention On Human Rights Litigation In The United States, Thomas E. Vanderbloemen
Duke Law Journal
No abstract provided.
Korean Attitues Towards Law, Chan Jin Kim
Korean Attitues Towards Law, Chan Jin Kim
Washington International Law Journal
Transformation is the key word to explain the Korean attitudes towards law. In the early 1950's, nation building gave impetus to economic growth and allowed Korea to quickly pass through the preliminary stages of development. Industrialization, urbanization and eventual emigration of the populace have, in many senses, displaced the traditional social value system based on Confucianism. However, a new value system has yet to take hold. The lack of such guidelines has left Koreans in a state of confusion in a world that continues to change. The Korean Constitution clearly mandates equal protection under the laws for all Koreans. However, …
One Country, Three Systems? Judicial Review In Macau After Ng Ka Lling, Judith R. Krebs
One Country, Three Systems? Judicial Review In Macau After Ng Ka Lling, Judith R. Krebs
Washington International Law Journal
The Ng Ka Ling decision by the Hong Kong Court of Final Appeals and its reversal by the Standing Committee of China's National People's Congress, raise serious concerns regarding the adequacy of judicial review and the protection of the rule of law in the new special administrative regions under China's "One Country, Two Systems" approach. Judicial review lies at the forefront of this controversy because it largely delineates the contours of local autonomy and the extent to which those who experience legal violations will have remedies. This Comment explores the roots of the conflict in Hong Kong and examines whether …
The Thirty-Ninth Annual Edward G. Donley Memorial Lectures: The Art Of Censorship, Amy Adler
The Thirty-Ninth Annual Edward G. Donley Memorial Lectures: The Art Of Censorship, Amy Adler
West Virginia Law Review
No abstract provided.
Title Page, North Carolina Law Review
The Puzzling Case Of The Revenue-Maximizing Lottery, Lawrence Zelenak
The Puzzling Case Of The Revenue-Maximizing Lottery, Lawrence Zelenak
North Carolina Law Review
No abstract provided.
Application Of The Doctrine Of Equivalents To Means Plus Function Claims: Wms Gaming Inc. V. International Game Technology, John N. Kandara
Application Of The Doctrine Of Equivalents To Means Plus Function Claims: Wms Gaming Inc. V. International Game Technology, John N. Kandara
Duke Law Journal
No abstract provided.
The Fcc And Section 312(A)(7) Of The Communications Act Of 1934: The Development Of The “Unreasonable Access” Clause, Philip J. Gutwein Ii
The Fcc And Section 312(A)(7) Of The Communications Act Of 1934: The Development Of The “Unreasonable Access” Clause, Philip J. Gutwein Ii
Federal Communications Law Journal
Section 312(a)(7) of the Communications Act of 1934 requires that broadcast stations provide legally qualified candidates for federal elective office with reasonable access to advertising time on behalf of their candidacies. The FCC has long struggled with defining "reasonable access." On September 7, 1999, the FCC issued a Memorandum Opinion and Order in which it ruled that broadcast stations may not refuse a request for political advertising time solely because the station does not sell or program such lengths of time. This ruling came in response to a petition for reconsideration of an October 3, 1994 Declaratory Ruling, filed by …
Increasing Telephone Penetration Rates And Promoting Economic Development On Tribal Lands: A Proposal To Solve The Tribal And State Jurisdictional Problems, Jennifer L. King
Increasing Telephone Penetration Rates And Promoting Economic Development On Tribal Lands: A Proposal To Solve The Tribal And State Jurisdictional Problems, Jennifer L. King
Federal Communications Law Journal
Under the Telecommunications Act of 1996, Congress instructed the FCC to ensure that all Americans have access to affordable telecommunications services. Consistent with that mandate, the FCC implemented a series of public hearings to discuss with tribes the issues they face concerning low telephone penetration rates. The FCC recommended investigation of universal service in unserved and underserved areas because telephone penetration rates among low-income consumers on tribal lands lagged behind rates in the rest of the country. From these hearings, the FCC proposed a jurisdictional framework to determine which eligible carriers would be under tribal, state, or federal jurisdiction. This …
Universal Service High-Cost Subsidy Reform: Hindering Cable-Telephony And Other Technological Advancements In Rural And Insular Regions, Emily L. Dawson
Universal Service High-Cost Subsidy Reform: Hindering Cable-Telephony And Other Technological Advancements In Rural And Insular Regions, Emily L. Dawson
Federal Communications Law Journal
Universal service is a public policy initiative designed to ensure that all United States citizens receive widespread access to affordable telecommunications services. Customers in high-cost service regions such as rural and insular areas are typically excluded from the latest telecommunications technology. Most large carriers serving these regions prefer to implement technological updates in urban areas where profit margins are higher while allowing the rural infrastructure to deteriorate. The Federal Universal Service Fund currently offers subsidies to telecommunications providers serving high-cost regions, but the FCC has announced efforts to reform the subsidy allocation system that could potentially impede technological advancement in …