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Articles 31 - 60 of 3705
Full-Text Articles in Law
Judgement As A Matter Of Law On Punitive Damages, Colleen P. Murphy
Judgement As A Matter Of Law On Punitive Damages, Colleen P. Murphy
Law Faculty Scholarship
No abstract provided.
The Principles Of Justice, In Symposium, Propter Honoris Respectum: John Finnis, Richard W. Wright
The Principles Of Justice, In Symposium, Propter Honoris Respectum: John Finnis, Richard W. Wright
All Faculty Scholarship
Many theorists claim that justice is a question-begging concept that has no inherent substantive content. They point to disagreements among justice theorists themselves about basic aspects of the justice theory, such as the nature of corrective justice and the distinction between it and distributive justice, as even further reason to dismiss the concept of justice or to fill it with their preferred theoretical content. Yet most persons perceive that the concept of justice is not an empty shell. Since ancient times it has been thought to encompass not merely a formal equality (treating like cases alike), but also a substantive …
Anti-Plaintiff Bias In The Federal Appellate Courts, Kevin M. Clermont, Theodore Eisenberg
Anti-Plaintiff Bias In The Federal Appellate Courts, Kevin M. Clermont, Theodore Eisenberg
Cornell Law Faculty Publications
A recent study of appellate outcomes reveals that defendants succeed significantly more often than plaintiffs on appeal from civil trials-especially from jury trials.
Don't Take His Eye, Don't Take His Tooth, And Don't Cast The First Stone: Limiting Religious Arguments In Capital Cases, John H. Blume, Sheri Lynn Johnson
Don't Take His Eye, Don't Take His Tooth, And Don't Cast The First Stone: Limiting Religious Arguments In Capital Cases, John H. Blume, Sheri Lynn Johnson
Cornell Law Faculty Publications
Professors John H. Blume and Sheri Lynn Johnson explore the occurrences of religious imagery and argument invoked by both prosecutors and defense attorneys in capital cases. Such invocation of religious imagery and argument by attorneys is not surprising, considering that the jurors who hear such arguments are making life and death decisions, and advocates, absent regulation, will resort to such emotionally compelling arguments. Also surveying judicial responses to such arguments in courts, Professors Blume and Johnson gauge the level of tolerance for such arguments in specific jurisdictions. Presenting proposed rules for prosecutors and defense counsel who wish to employ religious …
Consumer Bankruptcy Update, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Sandra D. Freeburger, Thomas L. Canary, Ann E. Samani, W. Thomas Bunch, David M. Cantor, Jan C. Morris, Beverly M. Burden, William W. Lawrence, Lisa Koch Bryant, Dean A. Langdon, Joan Lloyd Cooper, Henry H. Dickinson, William S. Howard, Joseph M. Scott Jr., Joe Lee, C.R. Bowles Jr., Alan C. Stout, James D. Lyon, Sandra D. Freeburger, Geneva F. Parris, Joseph J. Golden, John R. Stonitsch, Hal D. Friedman, Gregory R. Schaaf, Richard H. Nowka, Christopher W. Frost, Scott A. Bachert, Michael L. Baker, Cathy S. Pike
Consumer Bankruptcy Update, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Sandra D. Freeburger, Thomas L. Canary, Ann E. Samani, W. Thomas Bunch, David M. Cantor, Jan C. Morris, Beverly M. Burden, William W. Lawrence, Lisa Koch Bryant, Dean A. Langdon, Joan Lloyd Cooper, Henry H. Dickinson, William S. Howard, Joseph M. Scott Jr., Joe Lee, C.R. Bowles Jr., Alan C. Stout, James D. Lyon, Sandra D. Freeburger, Geneva F. Parris, Joseph J. Golden, John R. Stonitsch, Hal D. Friedman, Gregory R. Schaaf, Richard H. Nowka, Christopher W. Frost, Scott A. Bachert, Michael L. Baker, Cathy S. Pike
Continuing Legal Education Materials
Materials from the Consumer Bankruptcy Update presentations held by UK/CLE in December 2000.
The Second Amendment: Structure, History, And Constitutional Change, David S. Yassky
The Second Amendment: Structure, History, And Constitutional Change, David S. Yassky
Elisabeth Haub School of Law Faculty Publications
Part I of the Article engages the revisionists squarely on the turf they have staked out: the intent of those who framed and ratified the Second Amendment. Here I credit the revisionists with some important insights. Their research reminds us how greatly the world in which the Second Amendment was adopted differed from our own. This perspective helps us understand how the Founders could have placed the right to bear arms on par with the right to free speech--a decision that baffles many modern Americans. Yet while the revisionists correctly perceive that the right to keep and bear arms was …
Saving The African Elephant, Leslie Burton
Saving The African Elephant, Leslie Burton
Publications
How to save the African elephant from extinction has been a controversial issue for over two decades. This article will explain why the African elephant is dying out, why it should be saved, and how to save it. Part I describes the elephant's life and habits. Part II explains the causes of the elephant's endangered status. Part III discusses why the elephant should be saved. Part IV explains the policies established by the Convention on International Trade in Endangered Species (CITES). Part V explores avenues for saving the elephant. Part VI offers policy recommendations.
Report On Drug Arrests In California, From 1990 To 1999, Office Of The Attorney General
Report On Drug Arrests In California, From 1990 To 1999, Office Of The Attorney General
California Agencies
No abstract provided.
Assembly Committee On Consumer Protection, Government Efficiency And Economic Development, Legislative Summary 1999-2000 Session, Assembly Committee On Consumer Protection, Government Efficiency And Economic Development
Assembly Committee On Consumer Protection, Government Efficiency And Economic Development, Legislative Summary 1999-2000 Session, Assembly Committee On Consumer Protection, Government Efficiency And Economic Development
California Assembly
No abstract provided.
Juvenile Victims Of Property Crimes, Us Department Of Justice
Juvenile Victims Of Property Crimes, Us Department Of Justice
Juvenile Justice Bulletin
No abstract provided.
State Custody Rates, 1997, Us Department Of Justice
State Custody Rates, 1997, Us Department Of Justice
Juvenile Justice Bulletin
No abstract provided.
Sex Offender Community Notification: Assessing The Impact In Wisconsin, Us Department Of Justice
Sex Offender Community Notification: Assessing The Impact In Wisconsin, Us Department Of Justice
National Institute of Justice Research in Brief
No abstract provided.
Ethics In Academia, Diether Haenicke
Ethics In Academia, Diether Haenicke
Center for the Study of Ethics in Society Papers
Papers presented for the Center of the Study of Ethics in Society Western Michigan University.
Ethics In Academia, 2000, Wmu Center Of The Study Of Ethics In Society
Ethics In Academia, 2000, Wmu Center Of The Study Of Ethics In Society
Center for the Study of Ethics in Society Papers
Papers presented for the Center of the Study of Ethics in Society Western Michigan University.
Professional Responsibility: Lawyers, A Case Study, Elizabeth Chambliss
Professional Responsibility: Lawyers, A Case Study, Elizabeth Chambliss
Faculty Publications
No abstract provided.
Walking The Walk --- The Reality Of Ethics In The University Presidency, Elson Floyd
Walking The Walk --- The Reality Of Ethics In The University Presidency, Elson Floyd
Center for the Study of Ethics in Society Papers
Papers presented for the Center of the Study of Ethics in Society Western Michigan University.
Ndls Update 12/2000, Notre Dame Law School
The Ethics Center At Fifteen Years, Michael Pritchard
The Ethics Center At Fifteen Years, Michael Pritchard
Center for the Study of Ethics in Society Papers
Papers presented for the Center of the Study of Ethics in Society Western Michigan University.
The Quality Of Mercy, The Public Trust, And Ethical Issues In Higher Education, Elise Bickford Jorgens
The Quality Of Mercy, The Public Trust, And Ethical Issues In Higher Education, Elise Bickford Jorgens
Center for the Study of Ethics in Society Papers
Papers presented for the Center of the Study of Ethics in Society Western Michigan University.
Statistics, Not Experts, Cass R. Sunstein, William Meadow
Statistics, Not Experts, Cass R. Sunstein, William Meadow
Coase-Sandor Working Paper Series in Law and Economics
The legal system should rely much more than it now does on statistical evidence. It should be cautious about the judgments of experts, who make predictable cognitive errors. Like everyone else, experts have a tendency to blunder about risk, a point that has been shown to hold for doctors, whose predictions significantly err in the direction of optimism. We present new evidence that individual doctors' judgments about the ordinary standard of care are incorrect and excessively optimistic. We also show how this evidence bears on legal determinations of negligence, by doctors and others.
The Assault On Managed Care: Vicarious Liability, Class Actions, And The Patient's Bill Of Rights, Alan O. Sykes, Richard A. Epstein
The Assault On Managed Care: Vicarious Liability, Class Actions, And The Patient's Bill Of Rights, Alan O. Sykes, Richard A. Epstein
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
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 …
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 …
Soul For Sale: An Empirical Study Of Associate Satisfaction, Law Firm Culture, And The Effects Of Billable Hour Requirements, Susan Saab Fortney
Soul For Sale: An Empirical Study Of Associate Satisfaction, Law Firm Culture, And The Effects Of Billable Hour Requirements, Susan Saab Fortney
Faculty Scholarship
This article analyzes the results of an empirical study to illustrate the effect of billable hour requirements on associate satisfaction and law firm culture. Part I briefly describes the survey design and the general profile of the survey respondents. Part II discusses current billing practices and pressures analyzing the study results related to billing expectations and guidance as well as firm culture and work alternatives. Using findings from the study, Part III considers the detrimental micro and macro effects of increasing billable hour expectations. Part IV proposes various steps and measures that can be taken to address the negative consequences …
Concurring In Result Without Written Opinion: A Condemnable Practice, Ira Robbins
Concurring In Result Without Written Opinion: A Condemnable Practice, Ira Robbins
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Institute Brief: Wia And One-Stop Centers: Opportunities And Issues For The Disability Community, David Hoff
Institute Brief: Wia And One-Stop Centers: Opportunities And Issues For The Disability Community, David Hoff
The Institute Brief Series, Institute for Community Inclusion
This brief gives a basic overview of the act and examines its impact on the lives of people with disabilities as well as the systems and organizations that assist them.
Research To Practice: Work Status Trends For People With Mental Retardation, Fy 1985 To Fy 1998, Dana Scott Gilmore, John Butterworth
Research To Practice: Work Status Trends For People With Mental Retardation, Fy 1985 To Fy 1998, Dana Scott Gilmore, John Butterworth
Research to Practice Series, Institute for Community Inclusion
National trends regarding extended employment (sheltered workshops) and competitive employment outcomes from state Vocational Rehabilitation systems between 1985 and 1998.
The Integration Game, Abraham Bell, Gideon Parchomovsky
The Integration Game, Abraham Bell, Gideon Parchomovsky
All Faculty Scholarship
No abstract provided.