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Articles 7861 - 7890 of 10446
Full-Text Articles in Entire DC Network
The Fictions Of Latin American Law(Part I), Jorge L. Esquirol
The Fictions Of Latin American Law(Part I), Jorge L. Esquirol
Faculty Publications
No abstract provided.
Farewell To All That, Robert C. Berring
Farewell To All That, Robert C. Berring
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
The Bad Man And The Good Lawyer: A Centennial Essay On Holmes's The Path Of The Law, David Luban
The Bad Man And The Good Lawyer: A Centennial Essay On Holmes's The Path Of The Law, David Luban
Georgetown Law Faculty Publications and Other Works
Although Justice Holmes did not much enjoy listening to speeches (he once wondered "what makes the world throng to hear loose-fibred and coarse-grained men drool"), he had a remarkable gift for writing them. Holmes's 1920 Collected Legal Papers includes a dozen speeches and addresses, all delivered to student audiences or lawyers' associations, and there are unexpected pleasures to be found in every one. He had published all but four in a previous book of speeches, where he described them as "chance utterances of faith and doubt.., for a few friends who will care to keep them."' Among the four he …
Territoriality, Risk Perception, And Counterproductive Legal Structures: The Case Of Waste Facility Siting, Michael B. Gerrard
Territoriality, Risk Perception, And Counterproductive Legal Structures: The Case Of Waste Facility Siting, Michael B. Gerrard
Faculty Scholarship
The siting of hazardous and nuclear waste facilities has proven to be a task of enormous difficulty in our federal system. In this Article, the Author argues that one of the major causal factors for this difficulty is that the legal regime surrounding waste facility siting decisions is not structured in a manner sensitive to the human factors involved. The siting of a hazardous waste facility is likely to generate a negative community response where the imposition of externally made decisions and externally generated wastes fails to take into account the innate human trait of territoriality. Territoriality is a powerful …
Consideration As The Commitment To Relinquish Autonomy, Howard Engelskirchen
Consideration As The Commitment To Relinquish Autonomy, Howard Engelskirchen
Seton Hall Law Review
No abstract provided.
Past As Prologue: Sobering Thoughts On Genetic Enthusiasm, Lori B. Andrews
Past As Prologue: Sobering Thoughts On Genetic Enthusiasm, Lori B. Andrews
Seton Hall Law Review
No abstract provided.
Concerns And Priorities In Genetic Studies: Insights From Recent African American Biohistory, Fatimah Jackson
Concerns And Priorities In Genetic Studies: Insights From Recent African American Biohistory, Fatimah Jackson
Seton Hall Law Review
No abstract provided.
Administrative Law In The 21st Century, Andrew Popper
Administrative Law In The 21st Century, Andrew Popper
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The Borderline Which Separated You From Me: The Insanity Defense, The Authoritarian Spirit, The Fear Of Faking, And The Culture Of Punishment, Michael L. Perlin
The Borderline Which Separated You From Me: The Insanity Defense, The Authoritarian Spirit, The Fear Of Faking, And The Culture Of Punishment, Michael L. Perlin
Articles & Chapters
No abstract provided.
Sexuality, Rape, And Mental Retardation, Deborah W. Denno
Sexuality, Rape, And Mental Retardation, Deborah W. Denno
Faculty Scholarship
In this article, Professor Denno addresses the question of when sexual relations with a mentally retarded individual should be considered nonconsensual and therefore criminal. The article first explores the early treatment of mental retardation. It next demonstrates how old stereotypes influence the moralism inherent in modern conceptions of consent in rape determinations. Illustrating the point with reference to the Glen Ridge rape case, the article shows how courts applying contemporary rape statutes typically hold mentally retarded individuals to a higher standard of consent than nonretarded individuals. As a result, courts are hurting the very people they are supposed to protect …
Without Narrative: Child Sexual Abuse, Lynne N. Henderson
Without Narrative: Child Sexual Abuse, Lynne N. Henderson
Articles by Maurer Faculty
No abstract provided.
On Game Theory And The Law, Kenneth G. Dau-Schmidt, Jeffrey E. Stake, Robert H. Heidt, Eric Rasmusen, Michael Alexeev
On Game Theory And The Law, Kenneth G. Dau-Schmidt, Jeffrey E. Stake, Robert H. Heidt, Eric Rasmusen, Michael Alexeev
Articles by Maurer Faculty
No abstract provided.
Making Constitutional Doctrine In A Realist Age, Victoria Nourse
Making Constitutional Doctrine In A Realist Age, Victoria Nourse
Georgetown Law Faculty Publications and Other Works
In this article the author considers three examples of modern constitutional doctrine that show how judges have stolen bits and pieces from popularized skepticisms about the job of judging and have molded this stolen rhetoric into doctrine. In the first example, she asks whether constitutional law's recent penchant for doctrinal rules based on "clear law" could have existed without the modern age's obsession with legal uncertainty. In the second, the author considers whether our contemporary rhetoric of constitutional "interests" and "expectations" reflects modern critiques of doctrine as failing to address social needs. In the third, she asks how an offhand …
Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri
Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri
Articles
No abstract provided.
Crime, Community Penalty And Integration With Legal Formalism In The South Pacific, Mark Findlay
Crime, Community Penalty And Integration With Legal Formalism In The South Pacific, Mark Findlay
Research Collection Yong Pung How School Of Law
The influence of introduced legality on prevailing culture, and vice versa, are common concerns for analysis when considering the existence and development of customary law. Much of the limited writing on law and custom prefers to speculate on the impact of introduced law on already present modes of regulation. While recognising these structuralist contexts of influence, often oversimplified as they are represented, this paper prefers to explore the adaptation of legal formalism in contexts of resilient and resonant custom.Further, the paper examines instances where despite the fact that custom has modified institutional legality, the latter claims predominance over culture or …
The Epidemics Of Injecting Drug Use And Blood-Borne Disease: A Public Health Perspective, Lawrence O. Gostin
The Epidemics Of Injecting Drug Use And Blood-Borne Disease: A Public Health Perspective, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
In this article, the author first examines the mechanism by which blood-borne disease is transmitted through sharing of injection equipment. Thereafter, he presents a public health strategy for reducing multi-person use of contaminated injection equipment. This strategy includes: repealing or modifying current laws and regulations making possession and distribution of sterile injection equipment a criminal offense; implementing syringe exchange programs to expand access to new syringes for users of injection drugs; and counseling, education, and treatment targeted to injecting drug users (IDUs), including those in the prison and health care system. The objective of a public health approach is not …
Introduction: What Will We Do When Adjudication Ends? A Brief Intellectual History Of Adr, Carrie Menkel-Meadow
Introduction: What Will We Do When Adjudication Ends? A Brief Intellectual History Of Adr, Carrie Menkel-Meadow
Georgetown Law Faculty Publications and Other Works
I begin by thanking the UCLA Law Review, and particularly Darrin Mollet and Bryce Johnson, for seeing the timeliness of the topic of alternative dispute resolution and organizing this Symposium-collecting some of the best thinkers, writers, and practitioners in the field to discuss, among other things, the economics of ADR, the role of lawyers, courts, and judges in ADR, and the application of ADR to a variety of substantive legal and regulatory problems. In this Introduction, I would like to introduce the topics and the authors, and put them in the larger context of the movement that is now called …
Frozen Rights In Canada: Constitutional Interpretation And The Trickster, John Borrows
Frozen Rights In Canada: Constitutional Interpretation And The Trickster, John Borrows
American Indian Law Review
No abstract provided.
A Virtuous Warrior In A Savage World, Charles J. Dunlap Jr.
A Virtuous Warrior In A Savage World, Charles J. Dunlap Jr.
Faculty Scholarship
Divining the nature of future war is always problematic. President Eisenhower warned that "Every war is going to astonish you in the way it has occurred, and in the way it is carried out." The United States must, of course, be prepared to meet a wide range of contingencies. Paramount among them would be a threat posed by a "peer competitor," that is, a state capable of battling the United States with comparable forces employing largely orthodox tactics. Although it is almost certain that one will arise in the future, no nation exists today that can challenge America symmetrically as …
Academic Mestizaje: Re/Producing Clinical Teaching And Re/Framing Wills As Latina Praxis, Margaret E. Montoya
Academic Mestizaje: Re/Producing Clinical Teaching And Re/Framing Wills As Latina Praxis, Margaret E. Montoya
Faculty Scholarship
What follows is an analysis that draws connections between activist teaching and activist scholarship and posits that it is the activism, the focus on the needs of Latinas/as, that makes them community service. In Part I, I describe the community lawyering program, one of the clinical law options, available at the University of New Mexico School of Law. In Part Il, I undertake to re-frame the law of wills in order to make this end-of-life ritual more relevant to the lives of Latinas/os. I then I enact a LatCritique of academic discussions and Outsider discourses. I conclude by examining our …
Of 'Subtle Prejudices,' White Supremacy And Affirmative Action: A Reply To Paul Butler, Margaret E. Montoya
Of 'Subtle Prejudices,' White Supremacy And Affirmative Action: A Reply To Paul Butler, Margaret E. Montoya
Faculty Scholarship
I analyze the connection of affirmative action to two models of race and racism. I contend that the Supreme Court Justices who continue to support affirmative action adhere to a "prejudice" model in which race is a concept to be overcome and racism is merely a condition of individual ignorance. 13 On the other hand, I posit that Professor Butler's proposals fall within a "white supremacy" model, which looks at race as a historically contingent concept that has been used to subordinate non-white peoples from precolonial times through the present. This historical perspective offers the possibility that the concept of …
Wills, Trusts And Estates (Annual Survey Of Virginia Law, 1995-97), J. Rodney Johnson
Wills, Trusts And Estates (Annual Survey Of Virginia Law, 1995-97), J. Rodney Johnson
Law Faculty Publications
The General Assembly enacted legislation dealing with wills, trusts, and estates that added, amended, or repealed a number of sections of the Code of Virginia in the 1996 and 1997 sessions. In addition, there were eleven Supreme Court of Virginia opinions in the two-year period ending April 18, 1997, that involved issues of interest to the general practitioner as well as the specialist in wills, trusts, and estates. This article reports on all of these legislative and judicial developments.
Language Of The Law: The Special Role And Trademarks, Trade Names, And Other Trade Emblems., John T. Cross
Language Of The Law: The Special Role And Trademarks, Trade Names, And Other Trade Emblems., John T. Cross
Faculty and Staff Scholarship
In 1979, the United States Supreme Court decided Friedman v. Rogers, a case involving a First Amendment challenge to a Texas statute that prohibited optometrists from practicing under an assumed trade name. Although an important case, Friedman certainly is not one of the major milestones of First Amendment jurisprudence. Prior Supreme Court decisions established that although commercial speech is protected by the First Amendment, government may regulate speech to prevent deception or confusion. Because a majority in Friedman found a possibility of deception, the Court held that Texas could constitutionally prohibit the use of a trade name. Friedman becomes much …
Of "Subtle Prejudices," White Supremacy, And Affirmative Action: A Reply To Paul Butler, Margaret E. Montoya
Of "Subtle Prejudices," White Supremacy, And Affirmative Action: A Reply To Paul Butler, Margaret E. Montoya
University of Colorado Law Review
No abstract provided.
Sex, Lies, And Genetic Testing: What Are Your Rights To Privacy In Florida?, Jon L. Mills
Sex, Lies, And Genetic Testing: What Are Your Rights To Privacy In Florida?, Jon L. Mills
UF Law Faculty Publications
Individual and human rights in this country have evolved from national movements and national standards. The Fourteenth Amendment's application of rights to the states was a landmark in human rights, guaranteeing all citizens, no matter their state of residence, a baseline of protection. The Federal Constitution was the protector-“states' rights” was the code phrase for discrimination. But in the American crucible of cultural diversity a national standard for “community” may result in the lowest common denominator or a definition based on averaging. Would it not be better when the most individual of rights, privacy, is implicated to define that right …
Fugitives And Agrarians In A World Without Frontiers, Jim Chen
Fugitives And Agrarians In A World Without Frontiers, Jim Chen
Cardozo Law Review
Rien de grand avant l'tat. Let the French have their Colbertisme; Americans hold steadfast their faith in constitutionalism, the unofficial civic religion of the United States. Implicit in originalism, the most rigidly orthodox variant of America's constitutional faith is the belief that the legal world began with the framing of the Constitution. "All things created before me were not eternal": with the Constitution as creation, the American legal imagination need not embrace anything that occurred before 1787.
Categories And Culture: On The Rectification Of Names In Comparative Law , Janet E. Ainsworth
Categories And Culture: On The Rectification Of Names In Comparative Law , Janet E. Ainsworth
Cornell Law Review
No abstract provided.
Restoring Free Exercise Protections By Limiting Them: Preventing A Repeat Of Smith, James M. Donovan
Restoring Free Exercise Protections By Limiting Them: Preventing A Repeat Of Smith, James M. Donovan
Northern Illinois University Law Review
This article addresses the concerns involved with the recently enacted Religious Freedom Restoration Act and how this sets the stage for a revisiting of Employment Division, Department of Human Resources of Oregon v. Smith. This article suggests that full Free Exercise protections can be extended to most contexts if they are withdrawn from others. The goal is to accomplish a principled approach that does not contravene the spirit of the First Amendment. The proposed limiting principles argue collectively that full protections should be reserved for personal, central beliefs and actions about personal conduct whose accommodation does not raise Establishment issues, …
The Fitness Of Law: Using Complexity Theory To Describe The Evolution Of Law And Society And Its Practical Meaning For Democracy, J. B. Ruhl
Vanderbilt Law Review
Why does law change, and how does that process unfold? In this Article, Professor Ruhl examines those questions using tools from the emerging field of Complexity Theory. Complexity Theory involves the study of change in dynamical systems. Its findings of unpredictable change in a variety of natural and social settings have profoundly effected the theoretical foundations of many fields of study. In particular, Complexity Theory has revisited the Darwinist theory of biological evolution and used it as a platform for developing a general theory of system evolution that focuses on the concept of fitness landscapes. The fitness, or sustainability, of …
The Fitness Of Law: Using Complexity Theory To Describe The Evolution Of Law And Society And Its Practical Meaning For Democracy, J.B. Ruhl
Vanderbilt Law School Faculty Publications
This article is the second in my series of articles exploring the application of complex adaptive systems (CAS) theory to legal systems. Building on the model outlined in the first installment (in the Duke Law Journal), this work develops an evolutionary theory of legal systems as CAS. It suggests that long-term fitness of the legal system will require use of innovative, adaptive legal institutions and instruments.