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Articles 13141 - 13170 of 16638
Full-Text Articles in Entire DC Network
Are Women Persons?, Drucilla Cornell
Are Women Persons?, Drucilla Cornell
Animal Law Review
The scope of animal rights is much broader than the vast majority of individuals believe. People spend little time considering how our legal system's treatment of animals affects society. Thw law, created to protect beings from harm, has time and again proven itself a stubborn, static creation. Hozever, through the efforts of people who have recognized the law's shortcomings and have sought to correct thm, justice may eventually prevail. Un1fortunately, the best means by which to accomplish justice for animals is not clear, and disagreements inevitably arise. The essays which follow are written by exparts from various interdisciplinaryf ields at …
Transitional Jurisprudence: The Role Of Law In Political Transformation., Ruti Teitel
Transitional Jurisprudence: The Role Of Law In Political Transformation., Ruti Teitel
Articles & Chapters
No abstract provided.
The Immovable Object Versus The Irresistible Force: Rethinking The Relationship Between Secured Credit And Bankruptcy Policy, F. Stephen Knippenberg
The Immovable Object Versus The Irresistible Force: Rethinking The Relationship Between Secured Credit And Bankruptcy Policy, F. Stephen Knippenberg
Faculty Articles
No abstract provided.
Civil And Political Rights-An Introduction, Berta E. Hernández-Truyol
Civil And Political Rights-An Introduction, Berta E. Hernández-Truyol
University of Miami Inter-American Law Review
No abstract provided.
Considering "Third Generation" International Human Rights Law In The United States, Natsu Taylor Saito
Considering "Third Generation" International Human Rights Law In The United States, Natsu Taylor Saito
University of Miami Inter-American Law Review
No abstract provided.
Product Review: Omnipage Pro 7.0, Al Harrison
Product Review: Omnipage Pro 7.0, Al Harrison
Computer Law Review and Technology Journal
No abstract provided.
What Trina Taught Me: Reflections On Mediation, Inequality, Teaching And Life, Carrie Menkel-Meadow
What Trina Taught Me: Reflections On Mediation, Inequality, Teaching And Life, Carrie Menkel-Meadow
Georgetown Law Faculty Publications and Other Works
Trina Grillo and I trained together as mediators, met together as law teachers, commiserated together as women and civil rights activists, and laughed and cried together as friends. I shall miss her wise counsel, her sensible judgment, her measured indignation, her gentleness and her razor sharp perceptions about the world, across, through and with her gender, race, class, and human identities. I shall miss her words, her presence, her body, her corporeal essence, but she will always be with me and my students in her spirit and through her contributions to our work. In this Essay I want to reflect …
Black And White (Book Review), Anthony V. Alfieri
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.
Wards Cove Packing Or Not Wards Cove Packing? That Is Not The Question: Some Thoughts On Impact Analysis Under The Age Discrimination In Employment Act, Mack A. Player
University of Richmond Law Review
Assume two employers, A and B. Each gives a separate objective test to select employees for a particular position. Employer A utilizes a pen-and-paper, multiple choice examination that has questions in three major categories: 1) biology and genetics which includes DNA theory, cloning, etc.; 2) astrophysics, with questions about time, space, light relationships, "black holes," novas, etc. and 3) microprocessor engineering, the internet, silicon chips, and the like.
Solving The Insurance/Genetic Fair/Unfair Discrimination Dilemma In Light Of The Human Genome Project, Eric Mills Holmes
Solving The Insurance/Genetic Fair/Unfair Discrimination Dilemma In Light Of The Human Genome Project, Eric Mills Holmes
Kentucky Law Journal
No abstract provided.
Protecting Profits Derived From Tribal Resources: Why The State Of Utah Should Not Have The Power To Tax Non-Indian Oil And Gas Lessees On The Navajo Nation's Aneth Extension: Texaco, Exxon, And Union Oil V. San Juan County School District--A Case Study, Richard J. Ansson Jr.
American Indian Law Review
No abstract provided.
Human Rights Of Indigenous Peoples: Will The United States Rise To The Occasion?, Dean B. Suagee
Human Rights Of Indigenous Peoples: Will The United States Rise To The Occasion?, Dean B. Suagee
American Indian Law Review
No abstract provided.
Foucault In Cyberspace: Surveillance, Sovereignty, And Hardwired Censors, James Boyle
Foucault In Cyberspace: Surveillance, Sovereignty, And Hardwired Censors, James Boyle
Faculty Scholarship
This is an essay about law in cyberspace. I focus on three interdependent phenomena: a set of political and legal assumptions that I call the jurisprudence of digital libertarianism, a separate but related set of beliefs about the state's supposed inability to regulate the Internet, and a preference for technological solutions to hard legal issues on-line. I make the familiar criticism that digital libertarianism is inadequate because of its blindness towards the effects of private power, and the less familiar claim that digital libertarianism is also surprisingly blind to the state's own power in cyberspace. In fact, I argue that …
Legal Coherentism, Benjamin C. Zipursky
Some Thoughts On Law And Interpretation, George A. Martinez
Some Thoughts On Law And Interpretation, George A. Martinez
SMU Law Review
No abstract provided.
On Justifying Special Ethnic Group Rights: Comments On Pogge, S. James Anaya
On Justifying Special Ethnic Group Rights: Comments On Pogge, S. James Anaya
Publications
No abstract provided.
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.
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.
Reconceptualizing Chevron And Discretion: A Comment On Levin And Rubin, Gary S. Lawson
Reconceptualizing Chevron And Discretion: A Comment On Levin And Rubin, Gary S. Lawson
Faculty Scholarship
Professors Ronald Levin and Edward Rubin want to change the way we think about important administrative law concepts. Ronald Levin's paper, The Anatomy of Chevron: Step Two Reconsidered,1 argues that Chevron's currently ill-defined second step ought to be reconceptualized as an application of arbitrary or capricious review. Edward Rubin's paper, Discretion and Its Discontents,3 is part of his ongoing project to reconceptualize the way we think-and, more importantly, the way we talk-about the modern administrative state. Professor Rubin suggests that the oft-used word "discretion" does not usefully describe the bureaucratic operation of the modern managerial state and that it profitably …
Judicial Plagiarism: It May Be Fair Use But Is It Ethical?, Jaime S. Dursht
Judicial Plagiarism: It May Be Fair Use But Is It Ethical?, Jaime S. Dursht
Cardozo Law Review
Plagiarism is the intentional appropriation of the creative product or scholarship of another without attribution. Judicial plagiarism arises when judges author opinions that employ materials from copyrighted sources such as law journals or books, but neglect to give credit to the author. In opinion writing-a form of writing in which use and citation to authority is customary-the offense of plagiarism lies simply in neglecting to identify the source. In the academic world, plagiarism is considered to be a "capital offense, punishable by academic death for student or faculty," and it is treated no more favorably in professions in which responsible …
A Theory Of Insurance Policy Interpretation, Kenneth S. Abraham
A Theory Of Insurance Policy Interpretation, Kenneth S. Abraham
Michigan Law Review
The first principle of insurance law is captured by the maxim contra proferentem, which directs that ambiguities in a contract be interpreted "against the drafter," who is almost always the insurer. Yet given the modern recognition that language is an inherently imperfect instrument for communicating meaning, insurance policy provisions are in a sense always ambiguous. Moreover, in addition to contra proferentem, policyholders may invoke such allied doctrines as waiver, estoppel, and the rule that the reasonable expectations of the insured should be honored even if those expectations are unambiguously contradicted by fine-print provisions in the policy. Contra proferentem and these …
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.
Relevance Ratio: Evaluating The Probative Value Of Expert Testimony In Child Sexual Abuse Cases , Thomas D. Lyon, Jonathan J. Koehler
Relevance Ratio: Evaluating The Probative Value Of Expert Testimony In Child Sexual Abuse Cases , Thomas D. Lyon, Jonathan J. Koehler
Cornell Law Review
No abstract provided.
Hegel’S Slaves, Blackstone’S Objects, And Hohfeld’S Ghosts: A Comment On Thomas Russell’S Imagery Of Slave Auctions, Jeanne L. Schroeder
Hegel’S Slaves, Blackstone’S Objects, And Hohfeld’S Ghosts: A Comment On Thomas Russell’S Imagery Of Slave Auctions, Jeanne L. Schroeder
Cardozo Law Review
Thomas Russell's wonderful paper A New Image of the Slave Auction is an example of how the best empirical work can result in conclusions that are so obviously "right" that they risk being mistaken as obvious. His paper serves as an important warning against a recurring problem in legal, as well as other scholarship: Picture thinking-in the sense of an unconscious (and as a result, unquestioning and uncritical) acceptance of familiar, traditional, comfortable imagery-so often blinds us.
Law School Bulletin 1996-97, Hofstra University School Of Law
Law School Bulletin 1996-97, Hofstra University School Of Law
Law School Bulletins
No abstract provided.
The Trouble With The Adversary System In A Post-Modern, Multi-Cultural World, Carrie Menkel-Meadow
The Trouble With The Adversary System In A Post-Modern, Multi-Cultural World, Carrie Menkel-Meadow
Journal of the Institute for the Study of Legal Ethics
No abstract provided.
The Meaning Of Value In Contract Damages And Contract Theory , David W. Barnes
The Meaning Of Value In Contract Damages And Contract Theory , David W. Barnes
American University Law Review
No abstract provided.
States As International Law-Breakers: Discrimination Against Immigrants And Welfare Reform, Elizabeth Landry
States As International Law-Breakers: Discrimination Against Immigrants And Welfare Reform, Elizabeth Landry
Washington Law Review
As part of the current "devolution revolution," policy makers at the state and federal levels are designing proposals that would permit states to discriminate on the basis of immigration status in determining eligibility for public education, medical care, social services, and cash assistance. This Comment asserts that such proposals violate international human rights norms, by which both federal and state governments are bound. Mbreover, it maintains that legislators must consider international law when crafting proposals that would allow discrimination on the basis of alienage. If they fail to do so, courts are obliged to intervene and ensure that treaty provisions …
Workers' Compensation, Sarah E. Mckay