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Articles 1 - 13 of 13
Full-Text Articles in Law
The Once And Future Property Tax: A Dialogue With My Younger Self, Edward A. Zelinsky
The Once And Future Property Tax: A Dialogue With My Younger Self, Edward A. Zelinsky
Articles
As I look back on my youth (expansively defined as the first 40 years of my life), everywhere I went, the local real property tax was perceived as both bad and doomed. If I could speak with the brash young law student/graduate student/alderman I once was, he would undoubtedly tell me, with great confidence, that by the beginning of the next century (which then seemed very far away) the property tax would no longer play a role in the system of local public finance.
Alas, he was wrong.
This essay explains why the young man I once was, confident of …
The Application Of The Foreign Sovereign Immunities Act To An Action Against The French Railroad For Transporting Thousands Of Jews And Others To Their Deaths: Abrams V. Sncf, Malvina Halberstam
The Application Of The Foreign Sovereign Immunities Act To An Action Against The French Railroad For Transporting Thousands Of Jews And Others To Their Deaths: Abrams V. Sncf, Malvina Halberstam
Articles
No abstract provided.
Government Officials As Attorneys And Clients: Why Privilege The Privileged?, Melanie B. Leslie
Government Officials As Attorneys And Clients: Why Privilege The Privileged?, Melanie B. Leslie
Articles
No abstract provided.
How The Electoral College Imitates The World Series, Michael Herz
How The Electoral College Imitates The World Series, Michael Herz
Articles
No abstract provided.
Solving The Apprendi Puzzle, Kyron Huigens
Toward The Formation Of "Innocence Commissions" In America, Barry C. Scheck, Peter J. Neufeld
Toward The Formation Of "Innocence Commissions" In America, Barry C. Scheck, Peter J. Neufeld
Articles
By monitoring and investigating errors in the criminal justice system, innocence commissions could help remedy systemic defects that bring about wrongful convictions.
How Extra-Copyright Protection Of Databases Can Be Constitutional, Justin Hughes
How Extra-Copyright Protection Of Databases Can Be Constitutional, Justin Hughes
Articles
Following the Supreme Court's 1991 Feist decision, intellectual property and Constitutional law scholars have debated whether extra-copyright protection of databases can be established by Congress under its Commerce Clause power. This article presents the problem as one of the gravitational zone of the Commerce Clause versus that of the Copyright and Patent Clause. The article reasons that the Supreme Court decisions in International News Service v. Associated Press, Zacchini v. Scripps-Howard, and the 19th century Trademark Cases all point to the possibility of limited protection of databases under the Commerce Clause. The Article also considers the constitutionality of extra-copyright protection …
Intergroup Rivalry, Anti-Competitive Conduct And Affirmative Action, Michelle Adams
Intergroup Rivalry, Anti-Competitive Conduct And Affirmative Action, Michelle Adams
Articles
Significant research in social science describes racial inequality as grounded in notions of group identity and group conflict. Sociologists and social psychologists who study discrimination and prejudice have moved away from theories that explain prejudice solely as a problem of individual perception, and toward theories that view individual cognitive processes as related to group membership. While present social science yields no consensus view, there is a striking emphasis in the current literature on group identity theories as "powerful determinants of behavior." These theories, which stress the importance of prejudice as a group-based phenomenon and focus on "social-structural theories of group …
Rulemaking, Michael Herz
The Supreme Court In Real Time: Haste, Waste, And Bush V. Gore, Michael Herz
The Supreme Court In Real Time: Haste, Waste, And Bush V. Gore, Michael Herz
Articles
No abstract provided.
Economic Rationality, Empathy, And Corporate Responsibility, Jeanne L. Schroeder
Economic Rationality, Empathy, And Corporate Responsibility, Jeanne L. Schroeder
Articles
Judge Richard A. Posner - the doyen of the law and economics movement - is probably the leading proponent of the hypothesis that legal subjects act as if they were economically rational. Over the years, however, Posner's conception of rationality has devolved from end-means reasoning by a conscious individual human actor, to unconscious instinct which is, nevertheless, beneficial to an individual subject (animal or human) to the mechanistic reproductive activity of individual genes which may or may not be beneficial to either the organism of which the gene is a part - or even to the gene itself. Indeed, all …
Lord Elgin And The Ottomans: The Question Of Permission, David Rudenstine
Lord Elgin And The Ottomans: The Question Of Permission, David Rudenstine
Articles
No abstract provided.
Hegel’S Theory Of Quantity, David G. Carlson
Hegel’S Theory Of Quantity, David G. Carlson
Articles
Prior to Hegel's time, no philosopher had ever tried to state what "quantity" or "number" was. Hegel undertakes a monumental definition in some of his longest chapters in the Science of Logic. In this paper, the author describes the nature of Hegel's project and how Hegel derives "quantity" from the more primitive concept of "quality." The author also reviews Hegel's critique of calculus, which hereto has received very little attention in English. Finally the author shows how, according to Hegel, the concept of "measure" derives from the unity of quality and quantity. This is the second in a planned nine-part …